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Home My WebLink AboutCC Reso No 2009-20 RESOLUTION NO. 2009-20 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2008-10 FOR THE LAKE STREET MARKETPLACE PROJECT WHEREAS, Marinita Development Company (the "Developer') filed an application with the City of Lake Elsinore requesting approval of General Plan Amendment No. 2008-01, Zone Change No. 2008-02, Commercial Design Review No. 2008-09, Conditional Use Permit No. 2008-15, Variance No. 2008-01 and Uniform Sign Program No. 2008-02 for the design and construction of a 34,194 square foot retail shopping center (the "Project") on a 4.3-acre site located at the northwest corner of Lake and Mountain Streets, commonly identifiable as Assessors Parcel Nos. 389-030- 014, 015, 016, 017 and -018 (the "Property"); 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 i 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. 2008-10 for the Project (the "Mitigated Negative Declaration"); and WHEREAS, pursuant to CEQA Guidelines section 15072, on December 10, 2008, 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 10, 2008, and ending on January 10, 2009; and WHEREAS, the Planning Commission of the City of Lake Elsinore at its regular meeting on January 20, 2009 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 CITY COUNCIL RESOLUTION 2009-20 PAGE 2OF5 WHEREAS, at the City Council's public hearing on April 14, 2009, a certain j comment letter dated April 10, 2009 was submitted by Raymond W. Johnson, Esq., with I the law firm of Johnson & Sedlack Attorneys, on behalf of an unidentified "group of local residents" (the "Commenter"). The Commenter's letter stated, among other things, that the evidence in the administrative record did not support the use of the Mitigated Negative Declaration in that the Project will have significant impacts related to air quality, noise, geotechnical, traffic, and housing and that an environmental impact report. ("EIR") must be prepared. Subsequently, the City Council exercised its discretion to continue the public hearing on the Mitigated Negative Declaration and the Project to the May 12, 2009 City Council hearing in order to provide adequate time for a response to the Commenters letter to be prepared and submitted to the City Council; and WHEREAS, the public review period for the Mitigated Negative Declaration EIR No. 478 commenced on December 10, 2008, and ended on January 10, 2009. In accordance with Section 15073 of the California Environmental Quality Act ("CEQA") Guidelines, the City as the lead agency, is only required to respond to comment letters received during the noticed comment period. However, the City may respond to late comments. As a result, the City prepared a certain formal response memorandum dated May 6, 2009, which addressed the comments included in the Commenter's letter, and the response memorandum was provided to the City Council for consideration at its May 12, 2009 hearing. In addition, the Developer prepared a certain formal response memorandum dated May 2009, which addressed the comments included in the Commenter's letter, and the response memorandum was provided to the City Council for consideration at its May 12, 2009 hearing; and, WHEREAS, the environmental issues outlined in the Commenter's letter related to air quality, noise, geotechnical, traffic, housing, and the need to prepare an EIR instead of the Mitigated Negative Declaration have been specifically and adequately addressed; 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 Department and other interested parties at public hearings held with respect to this item on April 14, 2009 and May 12, 2009. 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. CITY COUNCIL RESOLUTION 2009-20 PAGE 3 OF 5 SECTION 3. In addition to comments received during the comment period, the City received three months after the close of the comment period the Commenter's letter at the April 14, 2009 City Council public hearing. The City Council has reviewed the Commenter's letter and concludes that the letter does not present a fair argument that preparation of an EIR is warranted on the bases set forth in the City's detailed responses, which responses are hereby incorporated by reference as though fully set. forth herein. The information in the Commenter's letter does not constitute substantial evidence, as defined in Public Resources Code 21080(c) and 21082.2(c) and Sections 15064(f)(5) and 15384 of the CEQA Guidelines, in that the information consists of argument, speculation, unsubstantiated opinion or narrative, and/or clearly inaccurate or erroneous factual statements and does not consist of accurately stated facts, reasonable assumptions based on accurately stated facts, or expert opinion supported by facts. The City Council further concludes that because it does not contain and is not supported by substantial evidence, the Commenter's letter does not constitute or support a fair argument that the Project may have a significant effect upon the environment or that the City must prepare an EIR. The City Council hereby finds and determines that all public comments have been adequately addressed. SECTION 4. The City Council hereby 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 r Mitigated Negative Declaration and finds that the Mitigated Negative Declaration !!!I ` represents the independent judgment of the City. SECTION 5. 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 6. 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. CITY COUNCIL RESOLUTION 2009-20 PAGE 4 OF 5 2. There is no substantial evidence, in the light of the whole record before the agency, including the Commenters letter, that the Project as revised may have significant effect on the environment. 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. 3. There is no substantial evidence in the light of the whole record before the City, including the Commenter's letter, that the preparation of an EIR instead of the Mitigated Negative Declaration is warranted or that there is a fair argument that preparation of an EIR instead of the Mitigated Negative Declaration is warranted. SECTION 7. Based upon the evidence presented, the above findings, and the conditions of approval attached to the Resolution approving General Plan Amendment No. 2008-01, Zone Change No. 2008-02, Commercial Design Review No. 2008-09, Conditional Use Permit No. 2008-15, Variance No. 2008-01 and Uniform Sign Program No. 2008-02, the City Council hereby adopts Mitigated Negative Declaration No. 2008- 10. SECTION 8. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 12th day of May 2009. CAL G ROBERT MAGEE MAYOR ATTEST: 3r' 0 . .DEBOR^ THO.MSEN, CMC Z'iFTY CLERK APPROVED`AS,tO FORM: BARBARA LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE CITY COUNCIL RESOLUTION 2009-20 PAGE 5 OF 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE J I, Debora Thomsen, CMC, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2009-20 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 12th day of May 2009, and that the same was adopted by the following vote: AYES: Mayor Robert E. Magee, Mayor Pro Tern Melissa Melendez, Councilwoman Amy Bhutta, Councilman Daryl Hickman NOES: None ABSENT: Councilman Thomas Buckley ABSTAIN: None DEBORA THO sEN;. ' CITY CLERK - I i i