HomeMy WebLinkAboutCC Reso No 2008-110
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RESOLUTION NO. 2008.110
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ADOPTING NEGATIVE DECLARATION NO.
2008-13
WHEREAS, an application has been filed with the City of Lake Elsinore by
Walter Clendenon, R.M.A. ("the Developer") to request approval of Negative Declaration
No. 2008-13 for Tentative Tract Map No. 32013 for Finance and Conveyance Purposes
(the "Finance Map"); and
WHEREAS, the Finance Map 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 Finance Map 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 Finance Map would have a significant effect on the
environment; 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. 2008-13 for the Finance Map (the
"Negative Declaration"); and
WHEREAS, pursuant to CEQA Guidelines, Section 15072, on October 28, 2008,
the City duly issued a notice of intent to adopt the Negative Declaration; and
WHEREAS, the City Council has authority to review and either approve,
conditionally approve, or deny environmental documents; and
WHEREAS, public notice of the Finance Map and Negative Declaration has 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 December 23, 2008.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
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 Negative Declaration.
SECTION 2. The City Council finds and determines that the Negative
Declaration for the Finance Map is adequate and has been completed in accordance
with CEQA, the State CEQA Guidelines, and the City's procedures for implementation
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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 3. 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 4. The City Council hereby makes, adopts, and incorporates the
following findings regarding the lack of potential environmental impacts of the Finance
Map and the analysis and conclusions set forth in 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 Finance Map, there is no substantial
evidence suggesting that the Finance Map may have a significant effect on the
environment. The Finance Map is proposed to allow for financing and conveyance
purposes only. There is no development project proposed, pending, or foreseeable.
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
Finance Map will not have a significant effect on the environment.
SECTION 5. This Resolution shall take effect from and atter the date of its
passage and adoption.
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PASSED, APPROVED AND ADOPTED this
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APPROVED AS TO FORM:
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CITY ATTORNEY
ROBERT MAGE
CITY OF LAKE E
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STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
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I, CAROL COWLEY, Interim City Clerk of the City of Lake Elsinore, California,
hereby certify that Resolution No. 2008-109 was adopted by the City Council of the City
of Lake Elsinore at a regular meeting held on the 23m day of December 2008, and that
the same was adopted by the following vote:
AYES: Mayor Robert Magee, Mayor Pro Tern Melissa Melendez,
Councilmember Amy Bhutta, Council member Thomas Buckley
NOES: None
ABSENT: Council member Daryl Hickman
ABSTAIN: None
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CAROL COWLEY
INTERIM CITY CLERK
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