HomeMy WebLinkAboutCC Reso No 2008-039RESOLUTION NO. 2008-~2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, ADOPTING
MITIGATED NEGATIVE DECLARATION NO. 2007-13
WHEREAS, the City of Lake Elsinore wishes to commence proceedings to
consider Capital Improvements Project No. 4237 and Mitigated Negative Declaration
No. 2007-13, also known as City of Lake Elsinore Boat Launch Facility Improvements
(the "Project"); and
WHEREAS, the Project 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 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, Section 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. Based upon the results of that Initial Study, there was substantial
evidence that all potential impacts to the environment associated with the Project 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. 2007-13 for the
Project; and
WHEREAS, pursuant to CEQA Guidelines, Section 15072, on August 2,
2007, the City duly issued a notice of intent to adopt the Mitigated Negative Declaration;
and
WHEREAS, the City Council of the City of Lake Elsinore has been
delegated with the responsibility of considering and adopting mitigated negative
declarations; and
WHEREAS, public notice of the Project and the Mitigated Negative
Declaration have been given, and the City Council has considered evidence presented
by the Community Development Department and other interested parties at a public
hearing held with respect to this item on March 11, 2008.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER
AS FOLLOWS:
1
SECTION 1. The City Council has evaluated all comments, written and
oral, received from persons who have reviewed the Mitigated Negative Declaration No.
2007-13.
SECTION 2. The City Council does hereby find and determine that the
Mitigated Negative Declaration No. 2007-13 for the Project is adequate and has been
completed in accordance with CEQA, the State CEQA Guidelines, and the Citys
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 3. 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 No. 2007-13 are present and that it would be
appropriate to adopt the Mitigated Negative Declaration as proposed.
SECTION 4. The City Council hereby makes, adopts, and incorporates
the following findings regarding the lack of potential environmental impacts of the
Project and the analysis and conclusions set forth in the Mitigated Negative Declaration
No. 2007-13:
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 fhe Initial Study conducted for the Project, there is substantial evidence
suggesting fhat all potential impacts to the environment resulting from the Projecf can
be mitigated to the 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.
Pursuant to the evidence received, and in fhe light of the whole record presented, fhe
Project will not have a signi~cant effect on the environment.
SECTION 5. This Resolution shall take effect from and after the date of
its passage and adoption.
PASSED, APPROVED, AND ADOPTED this 11th day of March 2008.
C~
D HICKMAN, MAYOR
CITY OF LAKE ELSINORE
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ATT T:
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VIVIAN M. MUNSON
CITY CLERK
AP ~ VED S TO FO~
c ~
ARBARA EID LEIBOLD
CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify
that Resolution No. 2ooa-39 was adopted by the City Council of the City of Lake
Elsinore at a regular meeting held on the 11th day of March 2008, and that the same
was adopted by the following vote:
AYES: MAYOR HICKMAN, MAYOR PRO TEM KELLEY, COUNCILMEMAER BUCKLEY,
COUNCILMEMBER MAGEE, COUNCILMEMBER SCHIFENER
NOES: NONE
ABSTAIN: NoNE
ABSENT: NoNE
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VIVIAN M. MUNSON
CITY CLERK