HomeMy WebLinkAboutCC Reso No 2016-123 Conditional Use Permit 2016-02RESOLUTION NO. 2016 -123
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING THE DIAMOND SPECIFIC PLAN EIR (SCH 2009031084)
AMENDMENT 1 FOR PLANNING APPLICATION 2016 -04 (TENTATIVE PARCEL
MAP 37149, CONDITIONAL USE PERMIT 2016 -02, AND COMMERCIAL DESIGN
REVIEW 2016 -02)
Whereas, Stephen- -Harrison, on. behalf of_ the LE Diamond Sports _Ceofer,_ has submitted an
application for the development of an approximately 520,000 square foot indoor commercial
sports facility on 23.12 acres of disturbed vacant land. The Project site is located adjacent to and
north of the Lake Elsinore Storm baseball stadium, east of the Lake Elsinore /San Jacinto River
Inlet, west of Diamond Drive and south of Lakeshore Drive. The Assessor Parcel Numbers of the
site are 373 - 210 - 037 -8, 373 - 210 - 038 -9, 373 - 210 - 039 -0, 373 - 210 - 043 -3, 363- 150 - 006 -2, 363-
161- 029 -7, 363- 161- 030 -7, 363- 161- 031 -8, 363- 161- 032 -9, 363- 161- 033 -0, 363- 161 -034 -1 and
363- 161- 035 -2; 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, the City prepared an Environmental Impact Report (EIR) (State Clearinghouse No.
2009031084) to address the potential environmental impacts of the Diamond Specific Plan
pursuant to CEQA, the CEQA Guidelines and the City's Procedures for Implementing the CEQA
Guidelines and its other procedures relating to environmental evaluation of public and private
projects; and,
Whereas, on December 13, 2011, the City Council (Council) certified the EIR with Responses to
Comments, the Findings of Fact and Statement of Overriding Considerations, and the Mitigation
Monitoring and Reporting Program; and,
Whereas, the potential environmental impacts of the Diamond Specific Plan were evaluated in
the certified EIR; and,
Whereas, an Initial Study /Addendum to the Diamond Specific Plan EIR (SCH 2009031084) was
prepared to provide an evaluation of potential site - specific environmental effects that could result
from the proposed Project, compared those effects to what was disclosed by the EIR and
concluded that the significant effects that would result from the Project have been addressed in
the earlier certified EIR; and,
Whereas, pursuant to CEQA Guidelines Section 15164, the Initial Study /Addendum provides
some changes and additions to the certified EIR and therefore constitutes Addendum 1 to the
Diamond Specific Plan EIR; and,
Whereas, pursuant to Sections 6.2.2 and 6.2.3 of the Diamond Specific Plan Amendment 1 (SPA)
the Planning Commission has been delegated with the responsibility of making recommendations
to the City Council for Tentative Maps and Design Review Applications; and,
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Whereas, on October 18, 2016, 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; and,
Whereas, pursuant to Section 17.168 (Conditional Use Permits) of the Lake Elsinore Municipal
Code (LEMC) the Council has the responsibility of making decisions to approve, modify or
disapprove recommendations of the Planning Commission for Conditional Use Permit
applications;. and,
Whereas, pursuant to Section 6.2.2 (Design Review) of the SPA the Council has the responsibility
of making decisions to approve, modify or disapprove recommendations of the Planning
Commission for Commercial Design Review applications; and,
Whereas, pursuant to Section 6.2.3 (Tentative Maps) of the SPA the Council has the
responsibility of making decisions to approve, modify or disapprove recommendations of the
Planning Commission for parcel maps; and,
Whereas, on October 25, 2016, at a duly noticed public meeting, the 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 Council, based upon a thorough review of the proposed Addendum 1 to the
Diamond Specific Plan EIR (SCH 2009031084), the CEQA documents, and the evidence received
to date, does determine as follows:
1. In accordance with Section 15162 of the CEQA Guidelines, the proposed Project
does not present substantial changes or reveal new information that would require
subsequent or supplemental EIR analysis. However, some changes or additions to
the information contained in the certified EIR is necessary in order to approve the
proposed project. For this reason, pursuant to Section 15164 of the CEQA
Guidelines, an Initial Study /Addendum to the Diamond Specific Plan EIR (SCH
2009031084) was prepared to provide an evaluation of potential site - specific
environmental effects that could result from the proposed Project, compared those
effects to what was disclosed by the EIR and concluded that the significant effects
that would result from the Project have been addressed in the earlier certified EIR.
The Initial Study /Addendum constitutes Addendum 1 to the Diamond Specific Plan
EIR (SCH 2009031084).
2. That Addendum 1 was prepared in compliance with the requirements of CEQA and
the CEQA Guidelines.
3. That, based upon the evidence submitted and as demonstrated by the analysis
included in the Addendum 1, none of the conditions described in Sections 15162 or
15163 of the CEQA Guidelines calling for the preparation of a subsequent or
supplemental EIR have occurred; specifically:
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a. There have not been any changes to the land use designations of the Diamond
Specific Plan that require major revisions of the CEQA documents because of
new significant environmental effects or a substantial increase in the severity
of previously identified significant effects;
b. There have not been any substantial changes with respect to the
circumstances under which the proposed Project is undertaken that require
major revisions of the CEQA documents due to the involvement of new
significant environmental effects or a substantial increase in the severity of
previously identified significant effects; or
c. There is no new information of substantial importance, which was not known
and could not have been known with the exercise of reasonable diligence at
the time the Diamond Specific Plan EIR (SCH 2009031084) was adopted, that
shows any of the following: (a) the Project will have one or more significant
effects not discussed in the Diamond Specific Plan EIR (SCH 2009031084);
(b) significant effects previously examined will be substantially more severe
than shown in Diamond Specific Plan EIR (SCH 2009031084); (c) mitigation
measures or alternatives which are considerably different from those analyzed
in the Diamond Specific Plan EIR (SCH 2009031084) would substantially
reduce one or more significant effects on the environment, but the Project
proponents decline to adopt the mitigation measure or alternative.
Section 2. The Council has evaluated all comments, written and oral, received from persons who
have reviewed Addendum 1 to the Diamond Specific Plan EIR (SCH 2009031084). The Planning
Commission hereby finds and determines that all public comments have been addressed.
Section 3. The Council hereby finds that Addendum 1 to the Diamond Specific Plan EIR (SCH
2009031084) for the Project is adequate and has been completed in accordance with CEQA, the
CEQA Guidelines, and the City's procedures for implementation of CEQA.
Section 4. Based upon the evidence presented, the above findings, the Council adopts
Addendum 1 to the Diamond Specific Plan EIR (SCH 2009031084) for Planning Application 2016-
04 (Tentative Parcel Map 37149, Conditional Use Permit 2016 -02, and Commercial Design
Review 2016 -02).
Section 5. This Resolution shall take effect from and after the date of its passage and adoption.
PASSED and ADOPTED this 25th day of October 2016.
Brian isdale, Mayor
Attest:
Susan M. Domen, MMC
City Clerk
Reso No. 2016 - 123
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify
that Resolution No. 2016 -123 as adopted by the City Council of the City of Lake Elsinore at a
Regular meeting held on the 25th day of October 2016, and that the same was adopted by the
following vote:
AYES: Council Members Hickman, Johnson, and Manos; Mayor Pro Tern Magee and Mayor
Tisdale
NOES: None
ABSENT: None
ABSTAIN: None
Susan M. Domen, MMC
City Clerk