HomeMy WebLinkAboutCC Reso No 2009-12RESOLUTION NO. 2009-12
RESOLUTION-0F THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, ADOPTING NEGATIVE DECLARATION
NO. 2009-01 FOR ZONING ORDINANCE TEXT
AMENDMENT NO. 2009-01
WHEREAS, the Planning and Zoning Laws of the State of California
authorize the City Council of the City of Lake Elsinore to adopt ordinances that, among
other things, regulate the use of buildings, structures, and land within the jurisdictional
boundaries of the City and its sphere of influence for industry, business, residences,
and open space; and
WHEREAS, the City Council desires to amend sections 17.08.090,
17.08.160, 17.64.030, 17.68.030, 17.72.030, 17.76.020, 17.80.020, 17.84.020,
17.116.030, 17.120.030, 17.124.020, and 17.132.030 of the Lake Elsinore Municipal
Code (the "Proposed AmendmenY") regarding religious assembly, institution, and
structures;
WHEREAS, the Proposed Amendment is subject to the provisions of the
California Environmental Quality Act (Public Resources Code, Sections 21000, et seq.:
"CEQA") and the State Implementation Guidelines for CEQA (14 California Code of
Regulations sections 15000, et seq.: "CEQA Guidelines") because the Proposed
Amendment 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 Proposed Amendment would have a
significant effect on the environment. Based upon the results of that Initial Study, there
was no substantial evidence that the Proposed Amendment or any of its aspects may
cause a significant effect on the environment; 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 Negative Declaration No. 2009-01; and
WHEREAS, pursuant to CEQA Guidelines, Section 15073, on January 22,
2009, the City duly issued a notice of intent to adopt the Negative Declaration; and
WHEREAS, the Planning Commission of the City of Lake Elsinore at a
regular meeting held on March 3, 2009, made its report upon the desirability of the
Proposed Amendment and provided a recommendation to the City Council for adoption
of Negative Declaration (ND) 2009-01; and
I WHEREAS, the City Council of the City of Lake Elsinore, as the lead
agency, has responsibility for adopting negative declarations; and
CITY COUNCIL RESOLUTION NO. 2009-12
PAGE 2 of 4
WHEREAS, on April 14, 2009, at a duly noticed public hearing, the City
Council considered evidence presented by the Planning Commission, Community
Fl Development Department and other interested parties with respect to this item.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City Council has evaluated all comments, written and
oral, received from persons who have reviewed the Negative Declaration.
SECTION 2. The City Council has found that the Negative Declaration for
the Proposed Amend"ment is adequate and has been completed in compliance 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
Negative Declaration and finds that the Negative Declaration represents the
independent judgment of the City.
SECTION 3. The City Council further finds and determines that none of
the circumstances listed in CEQA Guidelines Section 15073.5 requiring recirculation of
the Negative Declaration are present and that it would be appropriate to adopt the
Negative Declaration as proposed.
SECTION 4. The City Council hereby makes, adopts, and incorporates
Fl the following fndings regarding the lack of potential environmental impacts of the
Proposed Amendment and the analysis and conclusions set forth in the Negative
Declaration:
1. Revisions in the Project plans or proposals made by or agreed to
by the applicant before a 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 Initia/ Study conducted for the Proposed Amendment, there is no
substantial evidence suggesting that the Proposed Amendment may have a significant
effect on the environment.
2. There is no substantial evidence, in the light of the whole record
before the agency, that the Project as revised may have a significant effect on the
environment.
Pursuant to the evidence received, and in the light of the whole record presented,
the Proposed Amendment will not have a significant effect on the environmenf.
SECTION 5. This Resolution shall take effect from and after the date of
its passage and adoption.
CITY COUNCIL RESOLUTION NO. 2009-12
PAGE 3 of 4
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City
Council of the City of Lake Elsinore, California, on this 14th day of April 2009.
ATTEST:
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DEBORA•THOMSEN, CMC
G'I„T-y CCERK ~ . .
APPROVED AS TO FORM:
V,6"&
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~ BAkBARA L BOLD
CITY ATTORNEY
CITY COUNCIL RESOLUTION NO. 2009-12
PAGE4of4
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, DEBORA THOMSEN, CMC, City Clerk of the City of Lake Elsinore, California,
hereby certify that the foregoing Resolution No. 2009-12 was passed at a regular
meeting of the City Council of the City of Lake Elsinore held on the 14th day of April
2009, by the following roll call vote:
AYES: Mayor Robert Magee, Mayor Pro Tem Melissa Melendez,
Councilwoman Amy Bhutta, Councilman Thomas Buckley,
Councilman Daryl Hickman
NOES: None
ABSENT: None
ABSTAIN: None
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DEBORA THOMSEN, CMC":'~
CITY CLERK ~ ~ ~ ~ ~