HomeMy WebLinkAbout0002_02_PA 2021-11 - Exhibit A - CEQA ResolutionRESOLUTION NO. 2022-__
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING ADOPTION OF A MITIGATED
NEGATIVE DECLARATION (ER 2021-02) (SCH NO. 2021110300) FOR PLANNING
APPLICATION NO. 2021-11 (ZONE CHANGE NO. 2021-04, TENTATIVE TRACT
MAP NO. 38116, AND RESIDENTIAL DESIGN REVIEW NO. 2021-02)
Whereas, Shelly Jordan, Tri Pointe Homes has filed an application with the City of Lake
Elsinore (City) requesting approval of Planning Application No. 2021-11 (Zone Change No. 2021-
04, Tentative Tract Map No. 38116, and Residential Design Review No. 2021-02). Zone Change
(ZC) No. 2021-04 proposes to establish a Planned Development Unit (PUD) overlay district for
portion of the subject property that is currently zoned High Density Residential (R-3). The PUD
overlay provides modified development regulations and standards for the underlying R-3 zone to
allow for flexibility in order to allow for greater flexibility and compatibility with the General Plan.
Tentative Tract Map (TTM) No. 38116 proposes to subdivide the 34.81-acre site into nine (9) lots.
One (1) 10.94-acre lot for detached 140 condominium residences, one (1) 15.65 reserved open
space lot, one (1) 1.39-acre water quality basin, two (2) recreation lots (0.77 acres), private streets
(4.60 acres), and four (4) open space landscaping lots (0.65 acres). Residential Design Review
(RDR) No. 2021-02 proposes the design and construction of a gated condominium community
with 140 detached two-story condominium units, preliminary plotting, conceptual wall and fence
plan, recreation areas, and related amenities and infrastructure on the western portion of the site.
The project proposes three (3) different detached condominium plans ranging in size from 1,793
sq. ft. to 2,288 sq. ft. The eastern 15.65 acres of the site that is adjacent to the lake would be
preserved as natural open space. The project is located along State Route 74 (SR-74) east of the
intersection of Riverside Drive and Grand Avenue (APNs 379-060-005, 022 and 027); and,
Whereas, the project is subject to the provisions of the California Environmental Quality
Act (Public Resources Code §§ 21000, et seq.: “CEQA”) and the State Implementation 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 Initial
Study to determine if the project would have a significant effect on the environment. The Initial
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 Initial Study (Environmental Review No. 2021-
02), and based upon the standards set forth in CEQA Guidelines Section 15070, it was
determined that it was appropriate to prepare and circulate a Mitigated Negative Declaration
(MND) for the project; and,
Whereas, pursuant to CEQA Guidelines Section 15072, on November 19, 2021, 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 30 days beginning on November 19,
2021, and ending on December 20, 2021; and,
PC Reso. No. 2022-____
Page 2 of 3
Whereas, a Mitigation Monitoring and Reporting Program (MMRP) for the project has
been prepared in accordance with Section 21081.6 of CEQA; and,
Whereas, the Planning Commission (Commission) has been delegated with the
responsibility of making recommendations to the City Council (Council) for adopting MNDs; and,
Whereas, on January 18, 2022 at a duly noticed Public Hearing the 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.
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 the 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 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 Initial Study was released for public review and
mitigation measures set forth in the Initial Study would avoid the effects or mitigate the
effects to a point where clearly no significant effects would occur.
Based upon the Initial Study conducted for the project, there is substantial 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 Reporting Plan (MMRP)
contains an implementation program for each mitigation measure. After implementation of
the mitigation contained in the MMRP, potential environmental impacts will be reduced to
less 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 the Project will have significant effect on
the environment.
PC Reso. No. 2022-____
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 with the
incorporation of the mitigation measures identified in the MMRP.
Section 6: Based upon the evidence presented, the above findings, and the conditions of
approval imposed upon the project, the Commission hereby recommends that the Council adopt
MND (ER 2021-02 SCH No. 2021110300) and the MMRP, which is attached hereto as Exhibit
“A1”, for Planning Application No. 2021-11 (Zone Change No. 2021-04, Tentative Tract Map No.
38116, and Residential Design Review No. 2021-02).
Section 7: This Resolution shall take effect immediately upon its adoption.
Passed and Adopted on this 18th day of January, 2022.
John Gray, Chairman
Attest:
___________________________________
Justin Kirk,
Assistant Community Development Director
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Justin Kirk, Assistant Community Development Director of the City of Lake Elsinore, California,
hereby certify that Resolution No. 2022-__ was adopted by the Planning Commission of the City
of Lake Elsinore, California, at a regular meeting held January 18, 2022 and that the same was
adopted by the following vote:
AYES
NOES:
ABSTAIN:
ABSENT:
Justin Kirk,
Assistant Community Development Director