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HomeMy WebLinkAboutCC Reso No 2008-060 RESOLUTION NO. 2008-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2006-03 WHEREAS, Matthew Fagan, of Matthew Fagan Consulting Services, filed an application with the City of Lake Elsinore requesting approval of a Planned Unit Development No. 2008-01, Residential Design Review No. 2006-17 , Tentative Tract Map No. 35869 for Condominium Purposes, and Conditional Use Permit No. 2006-06 for the design and construction of 31 attached single-family residential units on 2.7 acres of a 5.4-acre parcel (the "Entitlements"), located on the east side of Grand Avenue, adjacent to the lake, APN 318-030-005 (the "Property"); and WHEREAS, the Entitlements is subject to the provisions of the California Environmental Quality Act (Public Resources Code 99 21000, ef seq.: "CEQA") and the State Implementation Guidelines for CEQA (14 California Code of Regulations 99 15000, ef 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 9 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. 2006-03 for the Project (the "Mitigated Negative Declaration"); and WHEREAS, pursuant to CEQA Guidelines section 15072, on April 14, 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 April 14, 2008 and ending on May 14, 2008; and WHEREAS, on May 20, 2008, the Planning Commission of the City of Lake Elsinore, California, considered the Project and its consistency with the MSHCP and recommended that the City Council make findings that the Project is consistent with the MSHCP; and 1 WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of adopting mitigated negative declarations; and WHEREAS, public notice of the Entitlements 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 June 10, 2008. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, 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 Final EIR. Section 2. The City Council does hereby find that the mitigated negative declaration for the Entitlements is adequate and has been completed in compliance with CEQA, The State CEQA Guidelines, and local procedures adopted by the City pursuant thereto; the City Council has reviewed and considered the information contained in the Final Mitigated Negative Declaration and finds that the Final Mitigated Negative Declaration represents the independent judgment of the City. Section 3. 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: a. 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. b. 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 the light of the whole record presented, the Project will not have a significant effect on the environment. The mitigation measures contained in the Mitigation Monitoring and 2 Reporting Program effectively decrease all potential environmental impacts to less than significant levels. Section 4. Based upon the evidence presented, the above findings, and the attached conditions of approval, the City Council of the City of Lake Elsinore hereby adopts Mitigated Negative Declaration No. 2006-03. Section 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 10th day of June 2008. DA~Mi;R CITY OF LAKE ELSINORE l.l IV/AN M. MUNSON CITY CLERK APPROVED AS TO FORM: ~~.~ BARBARA ZEID LEIBOLD CITY ATTORNEY - 3 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. 2008-60 was ado~ted by the City Council of the City of Lake Elsinore at a regular meeting held on the 10 h day of June 2008, and that the same was adopted by the following vote: AYES: Mayor Daryl Hickman, Mayor Pro Tern Genie Kelley, Councilmembers Thomas Buckley, Robert E. Magee and Robert Schiffner NOES: None ABSENT: None ABSTAIN: None ( lL~ VIVIAN M. MUNSON CITY CLERK 4