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HomeMy WebLinkAboutPC Reso No 2009-04 n n n RESOLUTION NO. 2009-04 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTION OF MITIGATED NEGATIVE DECLARATION NO. 2008-10 FOR THE LAKE STREET MARKETPLACE PROJECT WHEREAS, Marina Development Company (the "Developer") filed an application with the City of Lake Elsinore requesting approval of General Plan Amendment No. 2008-01, Zone Change No. 2008-02, Commercial Design Review No. 2008-09, Conditional Use Permit No. 2008-15, Variance No. 2008-01 and Uniform Sign Program No. 2008-02 for the design and construction of a 34,194 square foot retail shopping center (the "Project") on a 4.3-acre site located at the northwest corner of Lake and Mountain Streets, commonly identifiable as Assessor's Parcel Nos. 389-030-014, 015, 016, 017 and -018 (the "Property"); and WHEREAS, the Project is subject to the provisions of the California Environmental Quality Act (Public Resources Code SS 21000, et seq.: "CEQA") and the State Implementation Guidelines for CEQA (14 California Code of Regulations SS 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 involves the issuance of a lease, permit license, certificate, or other entitlement for use by one or more public agencies (Public Resources Code S 21065); 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 revealed that the project would have potentially significant environmental impacts but those potentially significant impacts could be mitigated to less than significant levels; 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 and circulate Mitigated Negative Declaration No. 2008-10 for the Project (the "Mitigated Negative Declaration"); and WHEREAS, pursuant to CEQA Guidelines section 15072, on December 10, 2008, the City duly issued a Notice of Intent to Adopt the Mitigated Negative Declaration; and WHEREAS, in accordance with CEQA Guidelines section 15073, the Mitigated Negative Declaration was made available for public review and comment for thirty days beginning on December nrQ, 2008, and ending on January 10, 2009; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council regarding mitigated negative declarations; and 1 Agenda Item No. _ Page_of_ n n n PLANNING COMMISION RESOLUTION 2009-04 PAGE 2 OF 4 WHEREAS, public notice of the Project and the Mitigated Negative Declaration have been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on January 20, 2009. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE 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 Mitigated Negative Declaration. Written responses to comments received on the Mitigated Negative Declaration during the public comment period were prepared and circulated. 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 Mitigated 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 Mitigated Negative Declaration and finds that the Mitigated 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 Mitigated Negative Declaration are present and that it would be appropriate to adopt the Mitigated Negative Declaration as proposed. SECTION 5. The Planning Commission hereby makes, adopts, and incorporates the following findings regarding the Mitigated Negative Declaration: 1. Revisions in the Project plans or proposals made by or agreed to by the applicant before a Mitigated Negative Declaration and Initial Study are released for public review would avoid the effects or mitigate the effects 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 can be mitigated to the less than significant levels. All appropriate and feasible mitigation has been incorporated into the Project design. The Mitigation Monitoring and Reporting Plan contains an implementation program for each mitigation measure. After implementation of the mitigation contained in the Mitigation Monitoring and Reporting Plan, potential environmental impacts are effectively reduced to less than significant levels. 2 Agenda Item No. _ Page_of_ II n n PLANNING COMMISION RESOLUTION 2009-04 PAGE 3 OF 4 2. There is no substantial evidence, in the light of the whole record before the agency, that the Project as revised may have significant effect on the environment. 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, the above findings, and the conditions of approval attached to the Resolution approving General Plan Amendment No. 2008-01, Zone Change No. 2008-02, Commercial Design Review No. 2008-09, Conditional Use Permit No. 2008-15, Variance No. 2008-01 and Uniform Sign Program No. 2008-02, the Planning Commission hereby recommends that the City Council approve Mitigated Negative Declaration No. 2008-10. SECTION 7. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTE on this 20th day of January 2009. ATTEST: =i~ 1O~ Tom Weiner Acting Director of Community Development 3 Agenda Item No. _ Page_of_ n II n PLANNING COMMISION RESOLUTION 2009-04 PAGE 4 OF 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ) )ss. ) I, TOM WEINER, Acting Director of Community Development of the City of lake Elsinore, California, hereby certify that Resolution No. 2009-04 was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 20th day of January 2009, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: CHAIRMAN AXEL ZANELLI, COMMISSIONER'S JOHN GONZALES, PHIL MENDOZA, AND MICHAEL O'NEAL VICE CHAIRMAN JIMMY FLORES NONE NONE ~lO Tom Weiner Acting Director of Community Development 4 Agenda Item No. _ Page_of_