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Home My WebLink AboutPC Reso No 2014-29RESOLUTION NO. 2014 -29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA REGARDING A TRACTOR SUPPLY COMPANY RETAIL STORE LOCATED AT THE NORTHWESTERN CORNER OF COLLIER AVENUE (SR -74) AND ENTERPRISE WAY (APN 377 - 120 -002 & 038), ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2014 -01 FOR CONDITIONAL USE PERMIT NO. 2014 -01 AND VARIANCE NO. 2014 -01; AND RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTION OF MITIGATED NEGATIVE DECLARATION NO. 2014- 01 FOR COMMERCIAL DESIGN REVIEW NO. 2014 -01. WHEREAS, California Gold Development, has filed an application with the City of Lake Elsinore requesting approval of Commercial Design Review No. 2014 -01, Conditional Use Permit No. 2014 -01 and Variance No. 2014 -01 ( "Project ") for the approval of a 18,800 square foot retail building with associated 15,000 square foot outdoor display area and associated improvements including two bio- retention basins, parking and landscaping located at the northwestern corner of Collier Avenue (SR -74) and Enterprise Way (the "project "); 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 Sections 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 Section 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 that it was appropriate to prepare and circulate Mitigated Negative Declaration No. 2014 -01 for the Project (the "Mitigated Negative Declaration "); and WHEREAS, pursuant to CEQA Guidelines Section 15072, on July 7, 2014 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 July 7, 2014, and ending on August 5, 2014, and PLANNING COMMISSION RESOLUTION NO. 2014 -29 PAGE 2OF4 WHEREAS, a Mitigation Monitoring and Reporting Program ( "MMRP ") for the Project has been prepared in accordance with Section 21081.6 of CEQA; and WHEREAS, pursuant to LEMC Chapter 17.168 (Conditional Use Permits) and LEMC Chapter 17.172 (Variances) the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of reviewing and approving, conditionally approving, or denying conditional use permits and variances; and WHEREAS, pursuant to LEMC Chapter 17.184 (Design Review) the Planning Commission has been delegated with the responsibility of making recommendations to the City Council pertaining to the Design Review of commercial projects; and WHEREAS, on August 19, 2014 at a duly noticed public hearing the Planning Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item. 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. The Planning Commission hereby finds and determines that all public comments have been addressed. SECTION 3. The Planning Commission hereby finds 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; and recommends to the City Council that it make the same finding. 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 lack of potential environmental impacts of the Project and the analysis and conclusions set forth in 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 was released for public review and mitigation measures set forth in the Initial Study would avoid the PLANNING COMMISSION RESOLUTION NO. 2014 -29 PAGE 3OF4 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 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. There is no substantial evidence, in the light of the whole record before the agency including the initial study and any comments received, that there is no substantial evidence that the Project will have significant effect on the environment. Pursuant to the evidence received, including comment letters, 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 attached conditions of approval, the Planning Commission hereby adopts Mitigated Negative Declaration No. 2014 -01 and the MMRP for Conditional Use Permit No. 2014- 01 and Variance No. 2014 -01. SECTION 7. Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby recommends that the City Council of the City of Lake Elsinore adopt Mitigated Negative Declaration No. 2014- 01 and the MMRP for Commercial Design Review No. 2014. SECTION 8. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 19th day of August 2014, by the following vote: John Gr y, Chair an City ofLake Elsinore Pla ni g Commission ATTEST: Richard J-MacHott, LEED Green Associate Planning Manager PLANNING COMMISSION RESOLUTION NO. 2014 -29 PAGE 4 OF 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE SS I, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2014 -29 as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 19th day of August 2014, and that the same was adopted by the following vote: AYES: CHAIRMAN GRAY, VICE CHAIRPERSON JORDAN, COMMISSIONER ARMIT, COMMISSIONER BLAKE, COMMISSIONER O'NEAL NOES: NONE ABSTAIN: NONE ABSENT: NONE Richard J. MacHott, LEED Green Associate Planning Manager