HomeMy WebLinkAboutCC Reso No 2007-019RESOLUTION NO. 2007-19
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, ADOPTING NEGATIVE DECLARATION
NO. 2006-08 FOR THE PROPOSED ZONING ORDINANCE
TEXT AMENDMENT NO. 2006-04; ZONE CHANGE NO. 2006-
10; AND COMMERCIAL DESIGN REVIEW NO. 2006-03; FOR
THE LAKE ELSINORE HOTEL AND CASINO
WHEREAS, Ted Kingston, Lake Elsinore Hotel and Casino, filed an
application with the City of Lake Elsinore requesting the approval of Zoning
Ordinance Text Amendment No. 2006-04, Zone Change No. 2006-10, Commercial
Design Review No. 2006-03, and Negative Declaration No. 2006-08 (the
"ProjecY'); and
WHEREAS, the Project 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 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, pernut license, certificate, or
other entitlement for use by one or mare 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 Project would have a significant
effect on the environment. Based upon the results of that Initial Study, there was
no substantial evidence that the Project or any of its aspects may cause 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. 2006-08 (State
Clearinghouse No. 2006071027) far the Project (the "Negative Declaration"); and
WHEREAS, pursuant to CEQA Guidelines, Section 15072, on November
20, 2006, the City duly issued a notice of intent to adopt the Negative Declaration;
and
WHEREAS, the Planning Commission of the City of Lake Elsinore at a
regular meeting held on January 16, 2007, made its report upon the desirability of
CITY COUNCIL RESOLUTION NO. 2007-19
PAGE 2 OF 3
the proposed project and provided a recommendation to the City Council for
adoption of Negative Declaration (ND) 2006-08; and
WHEREAS, the City Council of the City of Lake Elsinore has been
delegated with the responsibility of adopting negative declarations; and
WHEREAS, on February 13, 2007, at a duly noticed public hearing, the
City Council considered evidence presented by the Community Development
Department and other interested parties with respect to this item.
NOW, THEREFORE, THE PLAN1vING COMIVIISSION OF THE
CITY OF LAI~ 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 has found that the Negative Declaration for
the Project is adequate and has been completed in compliance 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 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
Project 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 befare a Negative Declaration and Inirial 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 no substantial
evidence suggesting that the Project may have a significant effect on the
environment. Additionally, the design of the Project, coupled with the City's
CITY COUNCIL RESOLUTION NO. 2007-19
PAGE 3 OF 3
standard conditions of approval, ensure that the Project will not have a significant
effect on the environment.
2. There is no substantial evidence, in the light of the whole record
befare 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 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 13th day of February, 2007,
by the following vote:
AYES: COLJNCILMEMBERS: suckley, xelley, schiffner., Magee
NOES: COIJNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: xickman
ABSTAIN: COLINCILMEMBERS: None
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Robert E. Magee, Ma
City of Lake Elsinore
A~~T: ~
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Michelle Soto, Interim City Clerk
City of Lake Elsinore
AP ROVED TO RM•
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~rbara Ze~ti Leibold, City Attorney
City of Lake Elsinore