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HomeMy WebLinkAboutPC Reso No 2015-16RESOLUTION NO. 2015 -16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA REGARDING TENTATIVE TRACT MAP 36567 LOCATED NORTHEAST OF INTERSTATE 15 AT MAIN STREET APPROXIMATELY ONE - QUARTER MILE NORTHEAST OF CAMINO DEL NORTE, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTION OF MITIGATED NEGATIVE DECLARATION NO. 2015 -02 WHEREAS, Erik Lunde, South Shore Il, filed an application for Tentative Tract Map No. 36567, also referred to as South Shore II, (the "project') with the City of Lake Elsinore for a residential subdivision of 67.7+ acres of unimproved property located northeast of Interstate 15 at Main Street; approximately one - quarter mile northeast of Camino Del Norte (APN 363- 020 -002, 003, 011 through 015, and 018), which includes the development of an adjacent City -owned property (APN 363- 020 -011) as part of a park site; 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 -02 for the Project (the "Mitigated Negative Declaration "); and WHEREAS, pursuant to CEQA Guidelines Section 15072, on December 10, 2013 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 December 10, 2013 and ending on January 8, 2014; and WHEREAS, a Mitigation Monitoring and Reporting Program ( "MMRP ") for the Project has been prepared in accordance with Section 21081.6 of CEQA; and PLANNING COMMISSION RESOLUTION NO. 2015 -16 PAGE 2OF4 WHEREAS, pursuant to Lake Elsinore Municipal Code (LEMC) Chapter 16.24 (Tentative Map) the Planning Commission has been delegated with the responsibility of making recommendations to the City Council pertaining to the subdivision of land; and WHEREAS, on March 17, 2015 at duly noticed public hearings 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 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 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 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 PLANNING COMMISSION RESOLUTION NO. 2015 -16 PAGE 3 OF 4 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 Planning Commission 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 Planning Commission hereby recommends that the City Council of the City of Lake Elsinore adopt Mitigated Negative Declaration No. 2015 -02 and the Mitigation Monitoring and Reporting Program for the Tentative Tract Map 36567. SECTION 7. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 17th day of March 2015, by the following vote: John Gr , C airman City of ake Isinore Planning mmission ATTEST: Richard J. MacHott, LEED Green Associate Planning Manager STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE SS PLANNING COMMISSION RESOLUTION NO. 2015 -16 PAGE 4OF4 I, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2015 -16 as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 17th day of March 2015, and that the same was adopted by the following vote: AYES: CHAIRMAN GRAY, VICE CHAIR JORDAN, COMMISSIONER ARMIT, COMMISSIONER FLEMING, COMMISSIONER RAY NOES: NONE ABSTAIN: NONE ABSENT: NONE Richard J. MacHott, LEED Green Associate Planning Manager