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HomeMy WebLinkAboutCC Reso No 2008-096 n n n RESOLUTION NO. 2008-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2008- 04 FOR THE AUTO GROUP DEALERSHIP PROJECT WHEREAS, The Automotive Group, Inc. (the "Developer") filed an application with the City of Lake Elsinore requesting approval of Commercial Design Review No. 2008-07 and General Plan Amendment No. 2008-03 (the "Project") for the design and construction of a 50,000 square foot facility a 9.34-acre site, located on north side of Lakeshore Drive, adjacent east of the San Jacinto River channel, known as Assessor's Parcel Nos. 363-130-085 and -087 (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. 2008-04 for the Project (the "Mitigated Negative Declaration"); and WHEREAS, pursuant to CEQA Guidelines section 15072, on August 20, 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 20, 2008, and ending on September 19, 2008, and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on October 21, 2008 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 No. 2008-04 by adopting Planning Commission Resolution No. 2008-84; and . 1 n r n PAGE 2 OF 4 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 November 11, 2008. 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 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. 2 ~ n n PAGE30F4 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 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 Commercial Design Review No. 2008-07 and General Plan Amendment 2008-03, the City Council hereby adopts Mitigated Negative Declaration No. 2008-04. SECTION 7. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 11TH day of November 2008. ~~J:{t// MAYOR ATTEST: CAROL COWLEY INTERIM CITY CLERK APPROVED AS TO FORM: ~~W;;/yc BARBARA ~E~D ' CITY ATTORNEY CITY OF LAKE ELSINORE 3 , .-~ Ii n u PAGE40F4 STATE OF 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. 2008-96 was adopted by the Ci~ Council of the City of Lake Elsinore, California, at a regular meeting held on the 11 day of November 2008, and that the same was adopted by the following vote: AYES: Mayor Daryl Hickman, Mayor Pro Tem Genie Kelley, Councilman Thomas Buckley, Councilman Robert Magee, Councilman Robert Schiffner NOES: None ABSENT: None ABSTAIN: None CAROL COWLEY INTERIM CITY CLERK 4