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HomeMy WebLinkAboutCC Reso No 2009-09 n r r RESOLUTION NO. 2009-09 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTING THE INITIAL STUDY AND NEGATIVE DECLARATION PREPARED FOR THE PROPOSED AMENDED AND RESTATED REDEVELOPMENT PLANS FOR RANCHO LAGUNA REDEVELOPMENT PROJECT AREAS NO. I, II AND III WHEREAS, the Redevelopment Agency of the City of Lake Elsinore ("Agency") is a community redevelopment agency duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the California Community Redevelopment Law {Part 1 of Division 24, commencing with Section 33000, of the Health and Safety Code of the State of California ("CRL")); and WHEREAS, the Agency is engaged in activities necessary and appropriate to carry out the Redevelopment Plans ("Redevelopment Plans") for the Lake Elsinore Rancho Laguna Redevelopment Project Areas No. I, No. II and No. III ("Project Areas") which were adopted by the Agency's legislative body, the City Council of the City of Lake Elsinore ("City Council"), by Ordinance No. 607 on September 23, 1980 and thereafter amended by Ordinance No. 624 on July 20, 1981, Ordinance No. 987 on November 22, 1994 and Ordinance No. 1249 on February 26,2008 (Project Area No. I), by Ordinance 671 on July 18, 1983 and thereafter amended by Ordinance No. 987 on November 8, 1994 and Ordinance No. 1249 on February 26, 2008 (Project Area No. II), and by Ordinance No. 815 on September 8, 1987 and thereafter amended by Ordinance No. 987 on November 8, 1994 and Ordinance No. 1249 on February 26,2008 (Project Area No. III); and WHEREAS, the Agency desires to amend the Redevelopment Plans for Project Areas No. I ("Fourth Amendment"), No. II ("Third Amendment") and No. III ("Third Amendment"), collectively referred to herein as the "Amendments", pursuant to CRL Sections 33450-33458 to incorporate into a single Amended and Restated Redevelopment Plan for each Project Area No. I, No. II and No. III all prior amendments, update the provisions of each Redevelopment Plan to reflect current CRL provisions, clarify and restate the time limits and financial limits of each Redevelopment Plan, update the land use designations for consistency with the City's General Plan as may be amended from time to time, and improve the format and presentation of the Redevelopment Plans (the "Amended and Restated Plans"); and WHEREAS, the Amended and Restated Plans involve discretionary actions, which are subject to the requirements of the California Environmental Quality Act, Public Resources Code ~21 000 et seq. ("CEQA"), and the Guidelines for Implementation of the CEQA (Title 14, California Code of Regulations ~~ 15000 et seq.: "CEQA Guidelines"); and WHEREAS, pursuant to CEQA Guidelines Section 15063, an initial study ("Initial Study") was prepared to determine whether the Amended and Restated Plans will have a significant effect on the environment; and n r ~ 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 Negative Declaration 2008-02 (the "Negative Declaration") for consideration by the Agency and the City Council in connection with their consideration of the Amended and Restated Plans; and WHEREAS, all actions required to be taken by applicable law related to the preparation, circulation and review of the draft Initial Study/Negative Declaration have been taken; and WHEREAS, pursuant to CEQA Guidelines, Section 15072, on December 12, 2008, the Agency duly issued a notice of intent to adopt the Negative Declaration; and WHEREAS, the Agency received comments from the Riverside County Flood Control and Water Conservation District, the Morongo Band of Mission Indians, and the Pala Band of Mission Indians; and WHEREAS, public notice of the joint public hearing on the Amended and Restated Plans and the Negative Declaration have been given, and the City Council has considered evidence presented by the Planning Commission, Agency staff, and other interested parties with respect to this item on March 24, 2009. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council, acting as a Responsible Agency, has reviewed and considered the Initial Study and Negative Declaration prepared by the Agency, together with any public comments received during the public review process. The City Council hereby finds, on the basis of the whole record before it, that the Negative Declaration is adequate and complete, and that there is no substantial evidence that the proposed Amended and Restated Plans will not have a significant effect on the environment. SECTION 2. The Initial Study and Negative Declaration, in the form distributed to the City Council and on file with the City Clerk as a public record, is hereby approved and adopted by the City Council. The record of proceedings ofthe Agency and the City Council on which this Resolution is based are on file and available for public inspection during normal business hours in the office of the City Clerk, 130 South Main Street, Lake Elsinore, California. The custodian of these documents is the City Clerk of the City of Lake Elsinore. SECTION 3. Following the adoption by the City Council ofthe ordinances approving and adopting the Amendments, the City Clerk of the City of Lake Elsinore is hereby authorized and directed to file with the County Clerk of the County of Riverside, a Notice of Determination pursuant to CEQA Guidelines Section 15096(i). SECTION 4. The City Council further finds and determines that none 9f the circumstances listed in CEQA Guidelines Section 15073.5 requiring recirculation of the n r ~ Negative Declaration are present and that it would be appropriate to adopt the Negative Declaration as proposed. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED, AND ADOPTED this 24th day of March 200~. ATTEST: (-:~>21J~ ~,~ -QEBO~:rHOMSEN, :;.cITY CI:ERK ,/ '. ./ - ".- "-,' "'---'" ~....~ . :'" > . ~ '. - APPROVED AS TO FORM: ~ VlJJi2 RBARA L~IBOLD, CITY ATTORNEY n ~ r STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ) ) ss, ) I, Debora Thomsen, CMC, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No, 2009-09 was ado~ted by the City Council of the City of Lake Elsinore at a regular meeting held on the 24 h day of March 2009, and that the same was adopted by the following vote: AYES: Mayor Robert Magee, Mayor Pro Tem Melissa Melendez, Councilwoman Amy Bhutta, Councilman Thomas Buckley, Councilman Daryl Hickman NOES: None ABSTAIN: None ABSENT: None ......~..:: ,"-',... . ~ . ./f '. --- ~~ ~~/V)~: DEBORA THOMSEN -' '.:-OJ.' ..',; , -.. ."V CITY CLERK ..... " \:...