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HomeMy WebLinkAboutPC Reso No 2019-29 (Nichols Road Partners, LLC EIR)RESOLUTION NO.2OI9-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKEELSINORE, CALIFORNIA, RECOMMENDING CERTIFICATION OF THE ENVTRONMENTAL tMpACT REPORT (ER 2O1S-03) (SCH NO. 2018051051) FOR PLANNING APPLICATION NO. 2017.29 (SPECIFIC PLAN NO. 2018.01, SPECIFIC PLAN AMENDMENT NO. 2017.03, GENERAL PLAN AMENDMENT NO.2018-01, ZONECHANGE NO. 20I8.01, AND TENTATIVE TRACT MAP NO. 37305) whereas, Eric werner, Nichols Road partners, LLC, has filed an application with the city of Lake Elsinore (City) requesting approval of Planning Application No. 2017-29 (Specific ptan lrio. 2018- 01, specific Plan Amendment No. 20'17-03, General plan Amendment No. ioig-01, zone change No. 2018-01, and Tentative Tract Map No. 37305) to establish the Nichols Ranch Specific plin (NRSP) over the 72.5-acre property that includes 168 residential homes on approximately 31.1acres; '14.5 acres of commercial uses ( 130-room hotel, 6,000 Square Foot (SF) fast-food restaurant with a drive{hrough, 5,500 sF fastfood restaurant without a drive{hrough, 9,400 sFsit-down restaurant, 4,400 sF commercial retail uses, an 9,000 sF health and fitnesi club, a gas station (wath market and carwash) with 16 fueling stations, and 43,000 sF office uses); g.3 acres of recreation uses; drainage basins on 5.5 acres; 1.3 acres of open space; and roadways on 5.3 acres; and, Whereas, the Proiect is located in the northeastern portion of the City of Lake Elsinore (City), and is located east of the l-15, south of Nichols Road, and west of wood Mesa couruEl roro Road. ]!9 Project site encompasses Assessor parcet Numbers (ApNs) 389-200-038, 389-210-oo8, 389-210-032, 389-210-034, and 389-210-036; and, whereas, the city prepared a Draft Environmental lmpact Report (ElR) (scH No. 201g05105i) on the Project pursuant to the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.: "CEQA"), the State Guidelines for lmplementation of the California Environmental Quality Act (california code of Regulations, sections 15000 et seq.: the,,state GEQA Guidelines"), and the city's Procedures for lmplementing the state cEeA Guidelines and its other procedures relating to environmental evaluation of public and private projects; and, whereas, the city transmitted for filing a Notice of preparation of the Draft EIR on May 24,2o1g in accordance with the CEQA Guidelines, for distribution to those agencies which have jurisdiction by law with respect to the Project and to other interested persons and agencies, and sought the comments of such persons and agencies; and, Whereas, pursuant to CEQA Guidelines, Section 15082(c)(1), on June 14,2018, the City hetd a duly noticed scoping meeting in order to facilitate consultation regarding the scope and content of the environmental information in the Draft EIR; and, Whereas, the City transmitted for filing a Notice of Availability/Notice of Completion of a DEIR and in accordance with the state GEQA Guidelines forwarded the DEIR to the state Clearinghouse, for distribution to those agencies which have jurisdiction by law with respect to the Project, and to other interested persons and agencies, and sought the comments of such persons and agencies; and, Whereas, the State Clearinghouse posted the DEIR for a 45-day public comment period which ran from March 19, 2019 to May 3, 2019; and, PC Reso No.2019-29 Page 2 of 3 Whereas, notice to all interested persons and agencies inviting comments on the Draft EIR was published in accordance with the provisions of CEQA and the State CEQA Guidelines and the Lake Elsinore Municipal Code (LEMC) and posted at the Office of the County Clerk of Riverside county on March 19, 2019. A total of six (6) comment letters and e-mails regarding the DEIR and the NRSP document were received during the 45-day public comment period. Reponses to comments were prepared and have been provided in subsection F.2.2 of the Draft Final ElR. There were no public comments or changes to the text or analysis contained in the DEIR that resulted in the iAentification of any new significant environmental effect or a substantial increase in the severity of environmental effects that were disclosed in the DEIR. Only minor clarifications and amplificaiions were made to the DEIR in response to public comments, including revisions to more accurately characterize cultural resources and the Project's tribal consultation process. Therefore, in atcordance with Section 15088.5 of the CEQA Guidelines a recirculation of the DEIR is not warranted; and, Whereas, all actions required to be taken by applicable law related to the preparation, circulation, and review of the DEIR have been taken; and, Whereas, the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) for certifying ElRs, and, whereas, the DEIR was sent to the commission members on or about March 19, 2019, and was considered by the commission on May 21 , 2019 at a duly noticed_ Public Hearing and the Commission has considered evidence presented by the Community Development Department and other interested parties on the adequacy of the DEIR NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND AS FOLLOWS: Section l: The Commission has considered and evaluated all written and oral staff reports and 66 6ents received from persons who have reviewed the Draft ElR, the comments submltted on the Draft EIR; the public testimony, and such other matters as are reflected in the record of the public hearing on the Project and the Draft ElR. Section 2: The Commission hereby recommends to the Council that the EIR for the Project is aaequate anO has been completed in compliance with CEQA, the State CEQA Guidelines, and local procedures adopted by the City pursuant thereto. The Commission has reviewed and considered the information contained in the Draft Final EIR and finds that the Draft Final EIR represents the independent judgment of the City. Section 3: Based upon all of the evidence presented and the above findings, the Commission hereby recommends the Council certify the EIR for the Proiect. Section 4: This Resolution shall take effect immediately upon its adoption. Passed and Adopted on this 21'r day of May, 2019, by the following vote: t PC Reso No. 2019-29 Page 3 of 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) Ss. CITY OF LAKE ELSINORE ) l, Justin Kirk, Assistant Community Development Director of the City of Lake Elsinore, California, hereby certify that Resolution No. 2019-29 was adopted by the Planning Commission of the City of Lake Elsinore, California, at a Regular meeting held oI May 21,2019, and that the same was adopted by the following vote. AYES: Commissioners Gray, and Armit; Vice-Chair Carroll and Chairman RossNOES: None ABSENT: Commissioner Klaarenbeek ABSTAIN: None t Comm(nity Development Director