HomeMy WebLinkAboutCC Reso No 2018-034 Mitigated Negative Declaration (ER 2017-04)(SCH 2017111013) Planning Application 2016-58RESOLUTION NO. 2018-034
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION (ER
2017-04) (SCH NO. 2017111013) FOR PLANNING APPLICATION NO. 2016-58
(TENTATIVE TRACT MAP NO. 37280 AND RESIDENTIAL DESIGN REVIEW
NO. 2017-01)
Whereas, Peng Jiang, ANG Designs has filed an application with the City of Lake Elsinore (City)
requesting approval of Planning Application No. 2016-58 (Tentative Tract Map No. 37280 and
Residential Design Review No. 2017-01) for the development of the Lakeview Manor
Condominium project (Project). The Project consists of eleven, two-story condominium buildings
with 104 units (164,347 sq. ft. total), 242 covered and open parking, landscaped common areas,
and a 15,909 sq. ft. outdoor recreation complex that includes a large playground, swimming pool
and spa, tennis court, and a 6,918 sq. ft. private community clubhouse on an approximately 7.5 -
acre site. The Project also includes a tentative tract map application to consolidate existing
parcels into one -7.28 acre lot for condominium purposes. The remaining 0.22 -acre of the site will
be dedicated for road right-of-way purposes. The Project site is located on a currently vacant site
southeasterly of Machado Street, on the southwesterly side of the intersection of Lakeshore Drive
and Gunnerson Street within the Lakeshore Village Specific Plan (LVSP) (APN: 379-230-001);
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 (Environmental Review No. 2017-04), and
based upon the standards set forth in CEQA Guidelines Section 15070, it was determined that it
was appropriate to prepare and circulate a Mitigated Negative Declaration (MND) for the Project;
and,
Whereas, pursuant to CEQA Guidelines Section 15072, on November 6, 2017, the City duly
issued a notice of intent to adopt the MND; and,
Whereas, in accordance with CEQA Guidelines Section 15073, the MND was made available for
public review and comment for a minimum of 30 days beginning on November 6, 2017, and ending
on December 5, 2017; and,
Whereas, a Mitigation Monitoring and Reporting Program (MMRP) for the Project has been
prepared in accordance with Section 21081.6 of CEQA; and,
Reso. No. 2018-034
Page 2 of 3
Whereas, pursuant to Chapter 16.24 (Tentative Map) and Chapter 17.184 (Design Review) of
the Lake Elsinore Municipal Code (LEMC), the Planning Commission (Commission) has been
delegated with the responsibility of making recommendations to the City Council (Council)
pertaining to tentative maps and design reviews; and,
Whereas, on December 5, 2017, and January 16, 2018, at a duly noticed Public Hearing the
Commission has considered evidence presented by the Community Development Department
(CDD) and other interested parties with respect to this item; and,
Whereas, pursuant to Sections 16.24.120 and 17.184.090 of the LEMC, the Council has the
responsibility of making decisions to approve, modify, or disapprove recommendations of the
Commission for tentative maps and design review applications; and,
Whereas, on February 13, 2018, at a duly noticed Public Hearing, the Council has considered
the recommendation of the Commission as well as evidence presented by the CDD 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 Council has evaluated all comments, written and oral, received from persons who
have reviewed the MND. The Council hereby finds and determines that all public comments have
been addressed.
Section 3. The Council hereby finds that the MND for the Project is adequate and has been
completed in accordance with the CEQA Guidelines and the City's procedures for implementation
of CEQA. The Council has reviewed and considered the information contained in the MND and
finds that the MND represents the independent judgment of the City.
Section 4. The Council further finds and determines that none of the circumstances listed in
CEQA Guidelines Section 15073.5 requiring recirculation of the MND are present.
Section 5. The 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 MND:
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 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 MMRP, potential environmental impacts are effectively reduced
to less than significant levels. __
Reso. No. 2018-034
Page 3 of 3
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 7. Based upon the evidence presented, the above findings, and the conditions of
approval imposed upon the Project, the Council hereby adopts the MND (ER 2017-04) and the
MMRP for Planning Application No. 2016-58 (Tentative Tract Map No. 37280 and Residential
Design Review No. 2017-01).
Section 8. This Resolution shall take effect immediately upon its adoption.
Section 9. The City Clerk shall certify to the adoption of this Resolution and enter it into the book
of original Resolutions.
Passed and Adoated on this 13th day of February 2018
Attest:
r
Susan . 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. 2018-034 was adopted by the City Council of the City of Lake Elsinore,
California, at the Regular meeting of February 13, 2018, and that the same was adopted by the
following vote:
AYES: Council Members Hickman, Magee, Tisdale; Mayor Pro -Tem Manos and Mayor Johnson
NOES: None
ABSENT: None
ABSTAIN: None
M. Domen, MMC
City Clerk