HomeMy WebLinkAboutPC Reso No 2017-25 (MND)RESOLUTION NO. 2017-25
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, APPROVAL OF MITIGATED NEGATIVE DECLARATION 2016-01 (SCH
20170210721 FOR PLANNTNG APPLICATION 2016-01 (COMMERCIAL DESIGN
REVIEW NO. CDR 2016.01, CONDITIONAL USE PERMIT NO. CUP 2016.01, AND
TENTATTVE TRACT MAP NO. 37284).
Whereas, Peninsula Retail Partners submitted an application for several entitlements which
anclude a Tentative Tract Map for the of the subdivision of five (5) lots into four (8) lots and the
reconfiguration of the adjacent right of way, Conditional Use Permit (CUP) and Commercial
Design Review (CDR) applications for the development of 65,803 square feet of development
consisting of a main building located on the southern portion of the site and four pad buildings,
including one drive thru located along Central Avenue. The Project site is located on 7.25 acres
generally located at the southeast corner of Central Avenue (State Highway 74) and Collier
Avenue. The site contains two parcels, identified as Assessor's Parcel Numbers (APNs) 377-080-
014, 031 . 032, 033, and 034; 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, pursuant to CEQA Gurdelines Section 15063, the City 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 significant 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 17 , 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 thirty days beginning on February 17, 2017, and
ending on March 24, 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,
Whereas, pursuant to LEMC Chapter 16.24 (Tentative Map), 17. 186 CUP, 17.184 (Design
Review), and 1 7.196 (Signs - Adveilising Structures) the Planning Commission (Commissron)
has been delegated with the responsibility of making recommendations to the City Council
(Council) pertaining to Design Review of residential Projects, and,
PC Reso No. 2017-25
Page 2 of 3
Whereas, on March 21. 2017, at a duly noticed Public Hearing the Commission considered
evidence presented by the Community Development Department and other interested parties with
respect to this item and adopted Resolution 2016-58 recommending that the Council adopt N/lND
2016-01 .
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 th is reference.
Section 2. The Commission has evaluated all comments, written and oral, received from persons
who have reviewed the MND. The Commission hereby finds and determines that all public
comments have been addressed.
Section 3. The 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
Commission has reviewed and considered the information contained in the MND and finds that
the NIND represents the independent judgment of the City.
Section 4. The 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 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.Revisrons in the Project 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 substantial
evidence suggesting that all potential impacts to the environment resulting from
the Project can be mitigated lo /ess 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 less than significant levels.
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.
2.
PC Reso No.2017-25
Page 3 of 3
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 of the City of Lake Elsinore, recommends that the City
Council of the City of Lake Elsinore adopts MND No. 2016-01 and the MMRP for CDR 2016-01 ,
CUP 2016-01, and Tentative Tract Map 37284.
Section 8. This Resolution shall take effect immediately upon its adoption.
Passed and Adopted this 21't day of March 2017.
STATE OF CALIFORNIA
couNTY oF RIVERSIDE ISScrTY oF LAKE ELSINORE ll, Justin Kirk, Principal Planner of the City of Lake Elsinore, California, hereby cerlify that
Resolution No. 2017-25 as adopted by the Planning Commission of the City of Lake Elsinore at
a Regular meeting of March 21,2017 and that the same was adopted by the following vote:
AYES: Commissioner's Ross and Carroll;NOES None
ABSTAIN: None
ABSENT: CommissionerKlaarenbeek
Vice-Chair Gray and Chairman Armit
Chairman