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HomeMy WebLinkAboutCC Reso No 2008-103 ~ II I RESOLUTION NO. 2008- un RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING NEGATIVE DECLARATION NO. 2008-12 FOR AMENDMENT NO.2 TO THE ALBERHILL RANCH SPECIFIC PLAN WHEREAS, Castle & Cooke Alberhill Ranch Inc., (the "Developer"), filed an application with the City of Lake Elsinore requesting approval of Amendment No. 2 to the Murdock Alberhill Ranch Specific Plan and Vesting Tentative Tract Map No. 35773 (the "Project") for the re-configuration of the neighborhood park site and the subdivision of 19.81 acres of land into seventy two (72) single family residential lots (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 not have potentially significant environmental impacts; 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 Negative Declaration No. 2008-12 for the Project (the "Negative Declaration"); and WHEREAS, pursuant to CEQA Guidelines section 15072, on September 2, 2008, the City duly issued a Notice of Intent to Adopt the Negative Declaration; and WHEREAS, in accordance with CEQA Guidelines section 15073, the Negative Declaration was made available for public review and comment for twenty (20) days beginning on September 2, 2008, and ending on September 22, 2008, and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of making decisions regarding negative declarations; and WHEREAS, public notice of the Project and the 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 25, 2008. r- I ' I , I 1 I I \ PAGE 2 OF 4 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 Negative Declaration. Written responses to comments received on the 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 finds and determines that the 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 Negative Declaration and finds that the 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 Negative Declaration are present and that it would be appropriate to adopt the Negative Declaration as proposed. SECTION 5. The City Council hereby makes, adopts, and incorporates the following findings regarding the Negative Declaration: 1. Revisions in the Project plans or proposals made by or agreed to by the applicant before a 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 are less than significant. 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, the conditions of approval attached to the Resolution approving Murdock Alberhill Ranch Specific Plan Amendment No.2 and Vesting Tentative Tract Map No. 35773, and the recommendation of the Planning Commission, the City Council of the City of Lake Elsinore hereby approves Negative Declaration No. 2008-12. 2 ~ I i I PAGE 3 OF 4 SECTION 7. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 25th day of November 2008. d-jjP MAYOR .J~ ROt COWLEY 'INTERIM CITY CLERK /~'.. A7/;4;/i;JJ BA BARA ZEID LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE 3 I I I , PAGE 4 OF 4 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. 2008-103 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 25th day of November 2008, and that the same was adopted by the following vote: AYES: Mayor Daryl Hickman, Mayor Pro Tem Genie Kelley, Councilmember Thomas Buckley, Councilmember Robert Magee, Council member Robert Schiffner NOES: None ABSENT: None - . ............. -. ABSTAIN: None (J~:'~ . ~ , . :.' .~ -- ) ~ CAROL COWLE..~. .-' - INTERIM CITY CLERK....--:" x , ,,- 4