HomeMy WebLinkAboutPC Reso No 2015-34 (Nichols Rd-Addendum No. 1)RESOLUTTON NO.2015-34
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE, RECOMMENDING TO THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE ADOPTION OF ADDENDUM #1 TO
GENERAL PLAN UPDATE RECIRCULATED PROGRAM
ENVIRONMENTAL IMPACT REPORT FOR ANNEXATION NO. 83 AND
ZONE CHANGE NO. 2014-02
WHEREAS, Eric Werner, Nichols Road Partners, LLC has submitted an
application to annex 666.66 acres of land within the City's Sphere of lnfluence generally
located north and south of Nichols Road and generally bounded by lnterstate 15 to the
west and south and El Toro Road to the east into the corporate boundaries of the City of
Lake Elsinore; and
WHEREAS, the proposed annexation consists of properties owned by Nichols
Road Partner's LLC (APN 389-210-008, 389-210-032,389-2'10-036, 389-210-034 and
390-230-005); the Western Riverside County Regional Conservation Authority (RCA)
(APN 390-270-007 and 390-270-009); the Bureau of Land Management (APN 390-230-
008; and, Elsinore Valley Unified School District (APN 389-210-037, 389-210-039); and
WHEREAS, the Project is subject to the provisions of the California
Environmental Quality Act (Public Resources Code SS 21000, et seq : "CEQA") and the
State lmplementation 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 Recirculated Program Environmental lmpact
Report (State Clearinghouse No. 2005121019: the "RP-EIR") to address the potential
environmental impacts of a comprehensive update of its General Plan pursuant to the
California Environmental Quality Act (California Public Resources Code Sections 21000
et seq.: 'CEOA'), the State Guidelines for lmplementation of the California
Environmental Quality Act (California Code of Regulations, Sections 15000 et seq.: the
"State CEQA Guidelines"), and the City's Procedures for lmplementing the State CEQA
Guidelines and its other procedures relating to environmental evaluation of public and
private projects; and
WHEREAS, on December 13,2011 the City Council of the City of Lake Elsinore
certified the RP-ElR with Errata and 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 General Plan's land use
designations for property within the City limits and within the City of Lake Elsinore's
PLANNING COMMISSION RESOLUTION NO. 2015-34
PAGE 2 OF 5
Sphere of lnfluence were evaluated in the certified Rp-ElR; and
WHEREAS, an lnitial Study/Addendum to the General plan Update Recirculated
Program Environmental lmpact Report (cpU EIR) (SCH No. 2015.12.1019) wasprepared 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 GPU EIR and concluded that the significant effects that would result from the
Project have been addressed in the earlier certified GpU EIR: and
WHEREAS, pursuant to CEQA Guidelines Section 1b164, the lnitiat
Study/Addendum provides some changes and additions to the certified EIR and
therefore constitutes Addendum #1 to Environmental lmpact Report No. 2oo7-01 , and
wHEREAS, pursuant to section 17.188.040 of the Lake Elsinore Municipal code
("LEMC") the Planning commission has been delegated with the responsibility of
making recommendations to the city council for changes to the official zoning map; and
WHEREAS, on April 21,2015, 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.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The Planning Commission, based upon a thorough review of theproposed Addendum #1 to the General Plan Update Recirculated program
Environmental lmpact Report, the GEQA documents, and the evidence received to
date, does determine as follows:
1. ln accordance with Section 15162 of the California Environmental euality
Act (CEaA) Guidelines, the proposed annexation and zone change do 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 lnitial Study/Addendum to the General
Plan Update Recirculated Program Environmental lmpact Report (GpU
EIR)(SCH No. 2015121019) 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
GPU EIR and concluded that the significant effects that would result from
the Project have been addressed in the earlier certified GPU ElR. The lnitial
Study/Addendum constitutes Addendum # 1 to the General PIan Update
Recirculated Program Environmental lmpact Report (SCH No.
2015121019).
PLANNING COMMISSION RESOLUTION NO. 2015-34
PAGE 3 OF 5
2. That Addendum #1 was prepared in compliance with the requirements of
the California Environmental Quality Act and the State CEeA 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 15'162 or 15'163 of the State CEQA Guidelines calling for the
preparation of a subsequent or supplemental Environmental lmpact Report
have occu rred; specifically:
a. There have not been any changes to the General Plan land use
designations that require major revrsions 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; and
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 General Plan Update Recirculated Program
Environmental lmpact Report was adopted, that shows any of the
following: (a) the project will have one or more significant effects not
discussed in the General Plan Update Recirculated Program
Environmental lmpact Report; (b) significant effects previously
examined will be substantially more severe than shown in General
Plan Update Recirculated Program Environmental lmpact Report; (c)
mitigation measures or alternatives which are considerably different
from those analyzed in the General Plan Update Recirculated Program
Environmental lmpact Report 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 Planning Commission has evaluated all comments, written and
oral, received from persons who have reviewed Addendum #1 to the General Plan
Update Recirculated Program Environmental lmpact Report. The Planning Commisston
hereby finds and determines that all public comments have been addressed.
SECTION 3. The Planning Commission hereby finds that Addendum #1 to the
General Plan Update Recirculated Program Environmental lmpact Report for the
Project is adequate and has been completed in accordance with cEeA, the state
CEQA Guidelines, and the City's procedures for implementation of CEeA; and
recommends to the city council that it make the same finding. The planning
commission has reviewed and considered the information contained in the Generil
PLANNING COMMISSION RESOLUTION NO. 2015.34
PAGE 4 OF 5
Plan Update Recirculated Program Environmental lmpact Report and Addendum #1
and finds that the General Plan Update Recirculated Program Environmental lmpact
Report and Addendum #1 represent the independent judgment of the City.
SECTION 4. Based upon the evidence presented, the above findings, the
Planning Commission hereby recommends that the City Council of the City of Lake
Elsinore adopt Addendum #1 to the General Plan Update Recirculated Program
Environmental lmpact Report for Annexation No. 83 and Zone Change No. 20'14-02.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 21th day of April 2015, by the
following vote:
nning Commission
ATTEST:
Planning Manager
Joh y, Chdirma
Lake Elsinore
Richard J. lV(acHott, LEED Green Associate
)"
PLANNING COMMISSION RESOLUTION NO. 20,I5-34
PAGE 5 OF 5
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
l, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California,
hereby certify that Resolution No. 2015-34 as adopted by the Planning Commission of
the City of Lake Elsinore at a regular meeting held on the 21st day of April 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
Planning Manager
Richard J. MacHott, LEED Green Associate