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HomeMy WebLinkAboutPC Reso 2023-38 PA 2022-15 (RDR No. 2022-04) AddendumRESOLUTION NO. 2023-38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING AN ADDENDUM TO MITIGATED NEGATIVE DECLARATION (MND NO. 2016-01, SCH NO. 2016071001) FOR PLANNING APPLICATION NO. 2022-15 (RESIDENTIAL DESIGN REVIEW NO. 2022-04) Whereas, George Mears, Legacy Financial Group, LP, has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2022-15 (Residential Design Review No. 2022-04) for the design and construction of a 152-unit multi-family residential apartment complex within nine (9) residential buildings including two (2) three-story buildings and seven (7) two-story buildings. The project also proposes a 2,212 sq. ft. clubhouse and a 780 sq. ft. maintenance building and other related site improvements on an 8.27-acre site located in the Residential Mixed Use Zoning District. The proposed project is generally located northerly of Grand Avenue, southwesterly of Eisenhower Drive, on the westerly side of Riverside Drive, and adjacent to Lakeside High School, more specifically referred to as Assessor’s Parcel Number (APN) 379-090-022; 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); Whereas, pursuant to CEQA, the City prepared a Mitigated Negative Declaration (MND No. 2016-01) to address the potential environmental impacts resulting from implementation of the Lake Pointe Apartments Project (RDR 2014-05); Whereas, on August 9, 2016, the City Council (Council) adopted MND No. 2016-01 (SCH- No. 2016071001) and a corresponding Mitigation Monitoring and Reporting Program (MMRP); 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; Whereas, based upon the results of the Initial Study (Environmental Review No. 2023- 01), and based upon the standards set forth in CEQA Guidelines Section 15164, it was determined that it was appropriate to prepare an Addendum for the project; Whereas, an Addendum to MND No. 2016-01 (SCH No. 2016071001) (Addendum) has been prepared to provide an evaluation of potential project-specific environmental effects that could result from the project in relation to the effects disclosed by MND No. 2016-01, and the Addendum concludes that the project would not result in new significant effects or increase the severity of any previously identified significant effects; DocuSign Envelope ID: AB59F82A-3F9B-465A-83B6-094DDD89A5B5 PC Reso. No. 2023-38 Page 2 of 3 Whereas, pursuant to CEQA Guidelines Section 15164(a), the Addendum includes necessary changes and additions to the MND necessary to assess project-specific environmental impacts; and Whereas, on September 19, 2023, at a duly noticed Public Hearing, the Planning Commission (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 Commission, based upon a thorough review of the proposed Addendum to MND No. 2016-01 and the evidence received to date, does determine as follows: 1. That in accordance with CEQA Guidelines Section 15162, the proposed project does not present substantial changes or reveal new information that would require subsequent or supplemental EIR analysis. However, some changes or additions to the information contained in the adopted MND is necessary in order to adequately evaluate the potential of environmental impacts resulting from the project. Pursuant to CEQA Guidelines Section 15164, an Addendum to MND No. 2016-01 has been prepared to provide an evaluation of potential project-specific environmental effects in comparison to those effects described in MND No. 2016-01, and concluded that the significant effects that would result from the project have been addressed in the previously adopted MND. 2. That the Addendum was prepared in compliance with the requirements of CEQA and the CEQA Guidelines. 3. That, based upon the evidence submitted and as demonstrated by the analysis included in the Addendum, none of the conditions described in Sections 15162 or 15163 of the CEQA Guidelines calling for the preparation of a subsequent or supplemental Environmental Impact Report or Negative Declaration have occurred; specifically: a. There have not been any substantial changes with respect to the circumstances under which the proposed project is undertaken that require major revisions of the CEQA documents due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or b. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time MND No. 2016-01 was adopted, that shows any of the following: i. The project will have one or more significant effects not discussed in MND No. 2016-01; ii. Significant effects previously examined will be substantially more severe than shown in MND No. 2016-01; iii. Mitigation measures or alternatives which are considerably different from those analyzed in MND No. 2016-01 would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measures or alternatives. DocuSign Envelope ID: AB59F82A-3F9B-465A-83B6-094DDD89A5B5 PC Reso. No. 2023-38 Page 3 of 3 Section 2: The Commission has evaluated all comments, written and oral, received from persons who have reviewed the Addendum. The Commission hereby finds and determines that all public comments have been addressed. Section 3: The Commission hereby finds that the Addendum is adequate and has been completed in accordance with CEQA, the CEQA Guidelines, and City procedures concerning implementation of CEQA. Section 4: Based upon the evidence presented and the above findings, the Commission hereby adopts the Addendum. Section 5: This Resolution shall take effect immediately upon its adoption. Passed and Adopted at a regular meeting of the Planning Commission of the City of Lake Elsinore, California, this 19th day of September, 2023. Jodi Peters Vice Chair Attest: ___________________________________ Damaris Abraham Assistant Community Development Director STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Damaris Abraham, Interim Assistant Community Development Director of the City of Lake Elsinore, California, hereby certify that Resolution No. 2023-38 was adopted by the Planning Commission of the City of Lake Elsinore, California, at a regular meeting held on September 19, 2023 and that the same was adopted by the following vote: AYES: Commissioners Ross and Gray; and Vice Chair Peters NOES: None ABSENT: Chair Carroll ABSTAIN: None Damaris Abraham Assistant Community Development Director DocuSign Envelope ID: AB59F82A-3F9B-465A-83B6-094DDD89A5B5