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HomeMy WebLinkAboutPC Reso No 2017-44 (C&C Housing, PA 2016-103. MND)RESOLUTION NO. 2017.44 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 A MITIGATED NEGATIVE DECLARATION (ER 2017- 00005) (scH 2017041057l. FoR PLANNTNG APPLTCATTON 2016-103 (RES|DENT|AL DESTGN REVTEW 201 6-00023) Whereas, C&C Housing submitted an application for a residential design review, proposing to build an affordable multifamily development with 81 apartments units and associated features and facilities including resident/visitor parking, a leasing/management office, a community center, onsite laundry facility, active and passive open spaces, and a maintenance garage. The Project is generally located on vacant land west of Mission Trail, approximately 500 feet south of Hidden Trail and Elberta Road and is more specifically referred to as Assessor Parcel Number (APN: 365-030-001); 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 Guidelines 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 the Mitigated Negative Declaration (MND) for the Project MND; and, Whereas, pursuant to CEQA Guidelines Section 15072, on Friday, April 21 , 2017 . lhe 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 publicreviewand commentfor a m inimum of thirty days beginning on Friday, April 21,2017,and ending on May 26,2017; 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 17. 184 (Design Review) the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) pertaining to Design Review of residential Projects; and, Whereas, on June 6, 2017, at a duly noticed Public Hearing the Commissron considered evidence presented by the Community Development Department and other interested parties with respect to this item. PC Reso No. 2017-44 Page 2 of 3 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. 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 NIND 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 MND 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. Revisions in the Project plans or proposals made by or agreed to by the applicant before a Mitigated Negative Declaration 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 ls substantla/ evidence suggesl/ng that all potential impacts to the environment resulting from the Project can be mitigated to /ess 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 Mitigation Monitoring and Reporting Plan, potential environmental impacts are effectively reduced fo /ess than significant levels. 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 attached Conditions of Approval, the Commission of the City of Lake Elsinore, recommends that the Council adopts the MND (ER 2017-00005) (SCH 2017041057). Section 8. This Resolution shall take effect immediately upon its adoption. PC Reso No. 2017 -44 Page 3 of 3 Passed and Adopted this 6rh day of June 2017 . STATE OF CALIFORNIA couNrY oF RIVERSIDE - lgg CITY OF LAKE ELSINORE 'l, Justin Kirk, Principal Planner of the City of Lake Elsinore, California, hereby certify that Resolution No. 2017- 44 as adopted by the Planning Commission of the City of Lake Elsinore at a Regular meeting held on June 6, 2017, and that the same was adopted by the following vote: AYES: NOES, ABSTAIN: None ABSENT: None Commissioner's Ross, Carroll and Klaarenbeek; Vice-Chair Gray and Chairman Armit None ,.t-) r ,"(--,/ lr" /' AdJm Armit Chairman