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HomeMy WebLinkAboutCC Reso No 2010-020RESOLUTION NO. 2010 -020 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2008- 09 FOR THE COLLIER AUTOMOTIVE PROJECT WHEREAS, Carl Johnson, Lake Elsinore 1 L.P. ( "Developer ") filed an application with the City of Lake Elsinore requesting approval of the subdivision, design, construction and establishment of six (6) industrial /warehouse buildings totaling 67,100 square feet on 7.51 acres of vacant land ( "the Project'), which will be located at the north side of Collier Avenue, west of Riverside Drive (the "Site "); 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 §§ 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 § 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, and based upon the standards set forth in CEQA Guidelines Section 15070, it was determined appropriate to prepare and circulate Mitigated Negative Declaration No. 2008 -09 for the Project (the "Mitigated Negative Declaration "); and WHEREAS, pursuant to CEQA Guidelines section 15072, on December 8, 2009, the City duly issued a Notice of Intent to Adopt the Mitigated Negative Declaration; and WHEREAS, in accordance with CEQA Guidelines section 15073, the Mitigated Negative Declaration was made available for public review and comment for thirty days beginning on December 8, 2009, and ending on January 8, 2010; and WHEREAS, the Planning Commission of the City of Lake Elsinore at its regular meeting on April 20, 2010 made its report upon the desirability of the proposed project and made its recommendation to the City Council in favor of the adoption of Mitigated Negative Declaration; and WHEREAS, public notice of the Project and the Mitigated Negative Declaration have been given, and the City Council has considered the recommendation of the Planning Commission and evidence presented by the Community Development CITY COUNCIL RESOLUTION 2010 -020 PAGE 2OF4 Department and other interested parties at public hearings held with respect to this item on April 20, 2010 and May 11, 2010. NOW, THEREFORE, THE CITY COUNCIL 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 City Council has evaluated the recommendation of the Planning Commission and all comments, written and oral, received from persons who have reviewed the Mitigated Negative Declaration. Written responses to comments received on the Mitigated Negative Declaration during the public comment period were prepared and circulated. SECTION 3. The City Council hereby finds and determines that the Mitigated Negative Declaration 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. The City Council has reviewed and considered the information contained in the Mitigated Negative Declaration and finds that the Mitigated Negative Declaration represents the independent judgment of the City. SECTION 4. The City Council further finds and determines that none of the circumstances listed in CEQA Guidelines Section 15073.5 requiring recirculation of the Mitigated Negative Declaration are present and that it would be appropriate to adopt the Mitigated Negative Declaration as proposed. SECTION 5. The City Council hereby makes, adopts, and incorporates the following findings regarding the Mitigated Negative Declaration: 1. Revisions in the Project plans or proposals made by or agreed to by the applicant before a Mitigated Negative Declaration and Initial Study are released for public review 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 the less 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 to less than significant levels. 2. There is no substantial evidence, in the light of the whole record before the agency, that the Project as revised may have significant effect on the environment. CITY COUNCIL RESOLUTION 2010 -020 PAGE 3OF4 Pursuant to the evidence received, and in the light of the whole record presented, the Project will not have a significant effect on the environment. SECTION 6. Based upon the evidence presented, the above findings, and the conditions of approval attached to the Resolution approving Tentative Parcel Map No. 35819 and Industrial Design Review No. 2008 -01, the City Council approves Mitigated Negative Declaration No. 2008 -09 SECTION 7. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 11th day of May, 2010 MELISSA A. MELENDEZ MAYOR INTERIM CITY CLERK / " g kme BARBARA LETBOLD CITY ATTORNEY CITY OF LAKE ELSINORE STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE CITY COUNCIL RESOLUTION 2010 -020 PAGE 4 OF 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE I, Carol Cowley, Interim City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2010 -020 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 11th day of May 2010, and that the same was adopted by the following vote: AYES: COUNCIL MEMBERS: HICKMAN, MAGEE, MAYOR PRO TEM BHUTTA, AND MAYOR MELENDEZ NOES: NONE ABSENT: COUNCIL MEMBER BUCKLEY ABSTAIN: NONE CAROL COWL INTERIM CITY