HomeMy WebLinkAboutPC Reso No 2016-58 (MND 2016-01, RDR 2014-05)RESOLUTION NO. 2016-58
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE ADOPTION OF MITIGATED NEGATIVE
DECLARATTON NO. 2016-01 FOR RESTDENTTAL DESTGN REVTEW (RDR
2014-051
Whereas, Steve Rawlings (Applicant) has requested approval of Residential Design Review
(RDR 2014-05), as the Project; 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 Regulatrons 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 of Lake Elsinore (Caty)
conducted an lnitial Study to determine if the Project would have a significant effect on the
environment. The lnitial Study revealed that the project would have potentially significant
environmental impacts but those potentially srgnificant impacts could be mitigated to less than
significant levels; and,
Whereas, based upon the results of the lnitial 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 (MND) No. 2016-01 for the Project MND; and,
Whereas, pursuant to CEQA Guidelines Section 15072, on February 16, 2016, 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
pubiic review and comment for a minimum of thirty days beginning on July 1 , 2016, and ending
on August 1 , 2016; and,
Whereas, a Mitigation Monitoring and Reporting Program (MMRP) for the Project has been
prepared in accordance with Section 21081 .6 of CEQA; and,
Whereas, pursuant to Lake Elsinore Municipal Code (LEMC) Chapter 17.184 (Design Review)
and Chapter 16.24\he Planning Commission has been delegated with the responsibility of making
recommendations to the City Council (Council) pertaining to Design Review of Commercial
Projects and Tentative Parcel Mapsi and,
Whereas, on August 2,2016, 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.
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.
Reso No. 2016-58
Page 2 of 3
Section 2. The Planning Commission has evaluated all comments, written and oral, received
from persons who have reviewed the MND. The Planning Commission hereby finds and
determines that all public comments have been addressed.
Section 3. The Planning Commission hereby finds that the MND 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 Council that it make the same
finding. The Planning Commission 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 Planning Commission further finds and determines that none of the
circumstances listed in CEQA Guidelines Section 15073.5 requiring recirculation of the MND are
present and that it would be appropriate to recommend adoption the MND as proposed to the
Council.
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 MND:
1. Revisions in the Pro.ject plans or proposals made by or agreed to by the applicant before
a MND and lnitial Study was released for public review and mitigation measures set forth
in the lnitial Study would avoid the effects or mitigate the effects to a point where clearly
no significant effects would occur.
Based upon the lnitial Study conducted for the Project, there is subsfanlra/ 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 Repofting Plan
contains an implementation program for each mitigation measure. After implementation
of the mitigation contained in the Mitigation Monitoring and Repofting Plan, potential
environmental impacts are effectively reduced to /ess than significant levels.
2. fhere rs no substantial evidence, in the light of the whole record before the agency
including the initial study and any comments received, thatthere 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 attached Conditions
of Approval, the Planning Commission hereby recommends that the Council adopt Mitigated
Negative Declaration No. 2016-01 and the MMRP for Residential Design Review (RDR 2014-05).
Section 8. This Resolution shall take effect immediately upon its adoption
Passed and Adopted at a Regular meeting of the Planning Commission this 2nd day of August,
2016, by the following Vote.
Adam Armit, Chairman
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Reso No. 201 6-58
Page 3 of 3
Attest:
Justin Kirk,
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
ABSTAIN: None
ABSENT: None
AYES: commissioner's Jordan, Ross and carroll, Vice-chair Gray; and chairman ArmitNOES. None
Principal Blanner