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HomeMy WebLinkAboutPC Reso No 2013-68RESOLUTION NO. 2013 -68 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPT NEGATIVE DECLARATION NO. 2013 -01 PREPARED FOR GENERAL PLAN AMENDMENT NO. 2013 -02. WHEREAS, the City of Lake Elsinore prepared a Draft 5th Cycle Housing Element for the period 2014 -2021 which has been found in compliance with State law by the Department of Housing and Community Development; and WHEREAS, Government Code Section 65302.10(b) requires cities to update the Land Use Element of their General Plan in order to describe unincorporated "island" or "fringe" communities within or adjacent to the city's sphere of influence concurrent with adoption of the Housing Element; and WHEREAS, General Plan Amendment No. 2013 -02 (the "Project ") incorporates the 5th Cycle Housing Element for the period 2014 -2021 and the appropriate Land Use Amendments as required by State law; and WHEREAS, the Project is subject to the provisions of the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.: "CEQA ") and the State Implementation Guidelines for CEQA (14 California Code of Regulations §§ 15000 et seq.: "CEQA Guidelines ") because the Project involves an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment; and WHEREAS, pursuant to CEQA Guidelines Section 15063, the City conducted an Initial Study to determine if the Project would have a significant effect on the environment. The Initial Study showed that the Project will have either "No Impact" or "Less than Significant Impacts" for all applicable environmental issues; and WHEREAS, based upon the results of the Initial Study, and based upon the standards set forth in CEQA Guidelines Section 15070, it was determined appropriate to prepare Negative Declaration No. 2013 -01 for the Project (the "Negative Declaration ") ; and WHEREAS, pursuant to CEQA Guidelines Section 15072, on June 25, 2013, the City duly issued a notice of intent to adopt the Negative Declaration; and WHEREAS, in accordance with CEQA Guidelines Section 15073, the Negative Declaration was made available for public review and comment for a period of twenty (20) days beginning on June 27, 2013, and ending on July 16, 2013; and PLANNING COMMISSION RESOLUTION NO. 2013-68 Page 2 of 4 WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council regarding negative declarations; and WHEREAS, public notice of the Project and the proposed Negative Declaration has been given, and the Planning Commission has considered evidence presented by the Department of Community Development and other interested parties at a public hearing held with respect to this item on July 16, 2013. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The foregoing recitals are true and correct and are hereby incorporated into these findings by this reference. SECTION 2. The Planning Commission has evaluated all comments, written and oral, received from persons who have reviewed the Negative Declaration. The Planning Commission hereby finds and determines that all public comments have been addressed. SECTION 3. The Planning Commission hereby recommends to the City Council that the Negative Declaration for the Project is adequate and has been completed in accordance with CEQA, the State CEQA Guidelines, and the City's procedures for implementation of CEQA. The Planning Commission has reviewed and considered the information contained in the Negative Declaration and finds that the Negative Declaration represents the independent judgment of the City. SECTION 4. The Planning Commission further finds and determines that none of the circumstances listed in CEQA Guidelines Section 15073.5 requiring recirculation of the Negative Declaration are present and that it would be appropriate to adopt the Negative Declaration as proposed. SECTION 5. The Planning Commission hereby makes, adopts, and incorporates the following findings regarding the Negative Declaration: 1. The Project avoids the effects to the environment to a point where clearly no significant effects would occur. Based upon the Initial Study conducted for the Project, there is substantial evidence suggesting that all potential impacts to the environment resulting from the Project are at less than significant levels. 2. There is no substantial evidence, in the light of the whole record before the agency, that the Project may have significant effect on the environment. F PLANNING COMMISSION RESOLUTION NO. 2013 -68 Page 3 of 4 Pursuant to the evidence received, and in the light of the whole record presented, the Project will not have a significant effect on the environment. SECTION 6. Based upon the evidence presented and the above findings, the Planning Commission recommends adoption of the Negative Declaration. SECTION 7. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Lake Elsinore, California, this 16th day of July 2013. Rick Morsch, Chairman City of Lake Elsinore ATTEST: Richard J. acHott, LEED Green Associate Planning Manager 3 PLANNING COMMISSION RESOLUTION NO. 2013 -68 Page 4 of 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, RICHARD J. MACHOTT, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2013 -68 was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the sixteenth day of July 2013, and that the same was adopted by the following vote: AYES: CHAIRMAN MORSCH, VICE CHAIRMAN O'NEAL, COMMISSIONER BLAKE, COMMISSIONER GRAY, COMMISSIONER JORDAN NOES: NONE ABSTAIN: NONE ABSENT: NONE Richard J. acHott, LEED Green Associate Planning Manager 12