HomeMy WebLinkAboutCC Reso No 2015-042 City Council Reso.RESOLUTION NO. 2015 -042
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA ADOPTING MITIGATED NEGATIVE
DECLARATION NO. 2015 -03 FOR ZONE CHANGE NO. 2014 -01,
TENTATIVE TRACT MAP NO. 36682, AND RESIDENTIAL DESIGN
REVIEW NO. 2014 -01
WHEREAS, Pardee Homes, filed applications for Zone Change No. 2014 -01,
Tentative Tract Map 36682, and Residential Design Review No. 2014 -01, also referred
to as Meadow Ridge II, (the "project ") with the City of Lake Elsinore for a residential
subdivision of 20.2+ acres of unimproved property located on the south side of Holland
Road, east of Hermosa Drive and on the north side of Corson Avenue (APN 358 -130-
020); 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. 2015 -03 for the
Project (the "Mitigated Negative Declaration "); and
WHEREAS, pursuant to CEQA Guidelines Section 15072, on February 26, 2015
the City duly issued a notice of intent to adopt a Mitigated Negative Declaration; and in
accordance with CEQA Guidelines Section 15073, the Initial Study /Mitigated Negative
Declaration was made available for public review and comment for thirty days beginning
on February 26, 2015 and ending on March 30, 2015; and
WHEREAS, a Mitigation Monitoring and Reporting Program ( "MMRP ") for the
Project has been prepared in accordance with Section 21081.6 of CEQA; and
WHEREAS, the Planning Commission has been delegated with the responsibility
of making recommendations to the City Council pertaining to proposed Zone Changes,
the subdivision of land and residential design reviews; and
City Council Resolution No. 2015 -042
Page 2 of 4
WHEREAS, on April 7, 2015 at a duly noticed public hearing the Planning
Commission considered evidence presented by the Community Development
Department and other interested parties with respect to this item; and adopted Planning
Commission Resolution No. 2015 -26 recommending that the City Council adopt
Mitigated Negative Declaration No. 2015 -03 and the Mitigation Monitoring and
Reporting Program for Zone Change No. 2014 -01, Tentative Tract Map 36682, and
Residential Design Review No. 2014 -01; and
WHEREAS, pursuant to Section 17.188.050 of the Lake Elsinore Municipal
Code, the City Council has the authority to approve, modify or disapprove the
recommendation of the Planning Commission regarding zone changes, and
WHEREAS, pursuant to Section LEMC Section 16.24.120 of the Lake Elsinore
Municipal Code ( "LEMC ") the City Council of the City of Lake Elsinore has the
responsibility of acting on a tentative map after receipt of the Planning Commission
action by either approving, conditionally approving or disapproving it; and
WHEREAS, pursuant to Section 17.184.090 of the Lake Elsinore Municipal Code
( "LEMC ") the City Council of the City of Lake Elsinore has the responsibility of making
decisions to approve, modify or disapprove recommendations of the Planning
Commission for residential design review applications; and
WHEREAS, on May 26, 2015, at a duly noticed public meeting, the City Council
has considered the recommendation of the Planning Commission as well as evidence
presented by the Community Development Department and other interested parties with
respect to this item.
NOW, THEREFORE, THE CITY COUNCIL 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 City Council has evaluated all comments, written and oral,
received from persons who have reviewed the Mitigated Negative Declaration. The City
Council hereby finds and determines that all public comments have been addressed.
SECTION 3. The City Council 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. The City Council 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.
City Council Resolution No. 2015 -042
Page 3 of 4
SECTION 4. The City Council further finds and determines that none of the
circumstances listed in CEQA Guidelines Section 15073.5 requiring an additional
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 City Council 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 the Mitigated Negative Declaration and Initial Study was released for
public review and mitigation measures set forth in the Initial Study 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 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 City
Council including the initial study and any comments received, 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 and the above findings, the
City Council hereby adopts Mitigated Negative Declaration No. 2015 -03 and the
Mitigation Monitoring and Reporting Program for Zone Change No. 2014 -01, Tentative
Tract Map 36682, and Residential Design Review No. 2014 -01.
City Council Resolution No. 2015 -042
Page 4 of 4
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 City Council
of the City of Lake Elsinore, California, on this 20ffi day of May 2015, by the following
vote:
Mayor
ATTEST:
I
Virginia �J. Bloo , 6ity Clerk
APPROVED AS TO ORM':
4v
Bar ra Leibold, City Attorney
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Virginia Bloom, City Clerk of the City of Lake Elsinore, California, do hereby certify
that Resolution No. 2015 -042 was adopted by the City Council of the City of Lake
Elsinore, California, at a Regular meeting held on the 26th day of May 2015, and that the
same was adopted by the following vote:
AYES: Mayor Manos, Council Member Hickman, Council Member Johnson and
Mayor Pro Tern Tisdale
NOES: Council Member Magee
ABSENT: None
ABSTAIN: None
i
Virginia . BI o , City Clerk