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HomeMy WebLinkAboutCC Reso No 2009-43 Page 1 of 4 RESOLUTION NO. 2009-43 F1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2005-10 FOR TENTATIVE TRACT MAP NO. 33140 WHEREAS, Taft Corporation, has filed an application with the City of Lake Elsinore requesting approval of Tentative Tract Map No. 33140 (the 'Project') which subdivides 72 acres of land within the R-1 Single Family Residential District into 106 individual lots. The project site is located between the end of Grandview Drive and SR- 74, also known as the Ortega Highway (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 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. 2005-10 for the Project (the "Mitigated Negative Declaration"); and WHEREAS, pursuant to CEQA Guidelines section 15072, on March 10, 2006, 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 March 10, 2006, and ending on April 10, 2006; and WHEREAS, the Planning Commission of the City of Lake Elsinore at its regular meeting on March 6, 2007 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 2009-43 PAGE 2 OF 4 Department and other interested parties at public hearings held with respect to this item on July 14, 2009. 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 Mitigated Negative Declaration No. 2005-10, prior to making its decision. SECTION 2. The City Council finds and determines that Mitigated Negative Declaration No. 2005-10 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 Negative Declaration and finds that the documents represent the independent judgment of the City. i SECTION 3. That in accordance with CEQA, the CEQA Guidelines, the Planning and Zoning Law, and the Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Mitigated Negative Declaration No. 2005-10. 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, including the Commenter's 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. Mitigation measures have been required to ensure all potentially significant impacts are reduced to levels of insignificance. r Mitigated Negative Declaration 2005-10, the corresponding Mitigation Monitoring and Reporting Program, and the corresponding conditions of approval mitigate all environmental effects to a statistical level of insignificance. CITY COUNCIL RESOLUTION 2009-43 PAGE 3 OF 4 SECTION 4. Based upon all of the evidence presented, both written and testimonial, the above findings, and the conditions of approval imposed upon the Project, the City Council approves Mitigated Negative Declaration 2005-10. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. j PASSED, APPROVED AND ADOPTED on this 14th day of July 2009. ROBERT MAG MAYOR ATTEST: : DEBOF% THOMSEN +.;iTY CLERK APP.RQVED AS TO FORM: BARBARA L IBOLD CITY ATTORNEY CITY OF LAKE ELSINORE R CITY COUNCIL RESOLUTION 2009-43 PAGE 4 OF 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE ISS CITY OF LAKE ELSINORE I, Debora Thomsen, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2009-43 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 14th day of July 2009, and that the same was adopted by the following vote: AYES: Mayor Robert E. Magee, Mayor Pro Tem Melissa Melendez, Councilmember Amy Bhutta, Councilmember Thomas Buckley, Councilmember Daryl Hickman NOES: None ABSENT: None ABSTAIN: None DEBORA THOMSEN CITY CLERK = . ; n f