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HomeMy WebLinkAboutCC Reso No 2017-116 Addendum No. 1 to a Mitigated Negative Declaration (SCH 2008011082)RESOLUTION NO. 2017 -116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ADDENDUM NO. 1 TO A MITIGATED NEGATIVE DECLARATION (SCH 2008011082) FOR PLANNING APPLICATION 2017 -37 (RESIDENTIAL DESIGN REVIEW 2017 -00014 and TENTATIVE TRACT MAP 37393) Whereas, Jeff Pomeroy, on behalf of Civic Partners, has submitted an application for the development of 143 -unit affordable multifamily development with associated features and facilities including 333 resident/visitor parking, a leasing /management office, a community center, onsite laundry facility, and active and passive open spaces located on 23 parcels totaling 19.43 acre. TTM 37393 is also a part of the Project, which proposes to consolidate the 23 parcels into one parcel and reconfigure the adjacent right of way. The 19.43 -acre Project site is generally located on vacant land north of Corydon Road, east of Grand Avenue, west of Mission Trail, and south of Stoneham Street and is more specifically referred to as Assessor's Parcel Numbers (APNs) 365- 030 -004 through - 007, - 016 through - 023, and - 027 through - 037; 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 a Mitigated Negative Declaration (State Clearinghouse No. 2008011082: the "MND ") to address the potential environmental impacts of the Colony Project 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, June 25, 2008, the City Council (Council) of the City of Lake Elsinore (City) approved the Colony Project Initial Study /MND (SCH #2008011082) and its Mitigation Monitoring and Reporting Program (MMRP); and, Whereas, the potential environmental impacts of the Colony Project were evaluated in the approved MND; and, Whereas, an Initial Study /Addendum to the Colony MND (SCH 2008011082) 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 MND and concluded that the significant effects that would result from the Project have been addressed in the earlier approved MND; and, Whereas, pursuant to CEQA Guidelines Section 15164, the Initial Study /Addendum provides some changes and additions to the approved MND and therefore constitutes Addendum No. 1 to the Colony MND; and, Whereas, pursuant to LEMC Chapters 16.24 (Tentative Maps) and 17.184 (Design Review) the Planning Commission has been delegated with the responsibility of making recommendations to the Council pertaining to Tentative Maps and Design Review of residential projects; and, CC Reso No. 2017 -116 Page 2 of 3 Whereas, on October 17, 2017, at a duly noticed Public Hearing the Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item; and, Whereas, pursuant to LEMC Chapters 16.24 (Tentative Maps) and 17.184 (Design Review) the Council of the City has the responsibility of making decisions to approve, modify or disapprove recommendations of the Commission for Design Review applications; and, Whereas, on October 24, 2017, at a duly noticed Public Hearing the City Council has considered 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 to be true and correct and are hereby incorporated into these findings by this reference. Section 2. The Council, based upon a thorough review of the proposed Addendum No. 1 to the Colony MND (SCH 2008011082), 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 MND analysis. However, some changes or additions to the information contained in the certified MND are 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 Colony MND (SCH 2008011082) 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 MND and concluded that the significant effects that would result from the Project have been addressed in the earlier approved MND. The Initial Study /Addendum constitutes Addendum No. 1 to the Colony MND (SCH 2008011082). Z That Addendum No. 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 No. 1, none of the conditions described in Sections 15162 or 15163 of the CEQA Guidelines calling for the preparation of a subsequent or supplemental Environmental Impact Report have occurred; specifically: a. 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 b. 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 Colony MND (SCH 2008011082) was adopted, that shows any of the following: (a) the Project will have one or more significant effects not discussed in the Colony MND (SCH CC Reso No. 2017 -116 Page 3 of 3 2008011082); (b) significant effects previously examined will be substantially more severe than shown in Colony MND (SCH 2008011082); (c) mitigation measures or alternatives which are considerably different from those analyzed in the Colony MND (SCH 2008011082) would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. Section 3. The Council has evaluated all comments, written and oral, received from persons who have reviewed Addendum No. 1 to the Colony MND (SCH 2008011082). The Council hereby finds and determines that all public comments have been addressed. Section 4. The Council hereby finds that Addendum No. 1 to the Colony MND (SCH 2008011082) 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 5. Based upon the evidence presented, the above findings the Council of the City adopts Addendum No. 1 to the Colony MND (SCH 2008011082) for Planning Application 2017 -37 (Tentative Tract Map 37393 and Residential Design Review 2017 - 00014). Section 6. This Resolution shall take effect from and after the date of its passage and adoption. Passed and Adopted on this 24th day of October 2017.,j' Robert E. Mayor Attest: Susan M. Domen, MMC City Clerk 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. 2017 -116 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of October 24, 2017, and that the same was adopted by the following vote: AYES: Council Members Hickman, Manos and Tisdale; Mayor Pro Tern Johnson and Mayor Magee NOES: None ABSENT: None y ABSTAIN: None Z2 san M. Domen, MMC City Clerk