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HomeMy WebLinkAboutCC Reso No 2008-088 II n n RESOLUTION NO. 2008-88 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2008-07 FOR THE GREENWALD COMMERCIAL CENTER WHEREAS, Ed Sauls, of The Sauls Company, (the "Developer") filed an application with the City of Lake Elsinore requesting approval of Commercial Design Review No. 2008-01, Tentative Parcel Map No. 36066, and Conditional Use Permit No. 2008-01 (the "Project") for the design and construction of a 98,587 square foot neighborhood shopping center in six buildings on a 13.9:!: acre site with related improvements, located on north side of Greenwald Avenue, at the northeast corner of the City of Lake Elsinore, directly adjacent to the City of Canyon Lake and its North Gate, and known as Assessor's Parcel No. 349-290-009, (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. 2008-07 for the Project (the "Mitigated Negative Declaration"); and WHEREAS, pursuant to CEQA Guidelines section 15072, on August 1, 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 August 1, 2008, and ending on September 2, 2008, and WHEREAS, the Planning Commission of the City of Lake Elsinore has recommended to the City Council adoption of Mitigated Negative Declaration No. 2008- 07; 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 Planning Commission, Community Development Department and other interested parties at a public hearing held with respect to this item on October 28, 2008.. n ri n 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 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. The City Council added language to Transportation Mitigation Measure TR-1 for the installation of an equestrian traffic control device for the safe crossing of Greenwald Avenue by horses. The City Council hereby finds and determines that all public comments have been addressed. SECTION 3. 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 Mitigated Negative Declaration and finds that the Mitigated Negative Declaration represents the independent judgment of the City. SECTION 4. 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 5. 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. 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. 2. n n o 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. SECTION 6. Based upon the evidence presented, the above findings, and the conditions of approval attached to the Resolution approving Tentative Parcel Map No. 36066, the City Council hereby approves Mitigated Negative Declaration No. 2008-07. SECTION 7. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this twenty-eighth day of October 2008. AYES: Mayor Daryl Hickman, Mayor Pro Tern Genie Kelley, Councilmember Thomas Buckley, Councilmember Robert Magee, Councilmember Robert Schiffner NOES: None ABSTAIN: None ABSENT: None :Rc ;jb LHICK AN,MAYOR CITY OF LAKE ELSINORE ATTEST: fJrd2&4" CAROL COWLEY INTERIM CITY CLERK APPROVED AS TO FORM: J/e/;J)Ji Jiut&Q, B BARA LE OLD CITY ATTORNEY n n n STATEOF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ) )ss. ) . I, CAROL COWLEY, Interim City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2008-88 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 28th day of October 2008, and that the same was adopted by the following vote: AYES: Mayor Daryl Hickman, Mayor Pro TErn Genie Kelley, Councilmember Thomas Buckley, Councilmember Robert Magee, Councilmember Robert Schiffner None NOES: ABSENT: None ABSTAIN: None CAROL COWLEY INTERIM CITY CL