HomeMy WebLinkAboutCC Reso No 2007-065RESOLUTION NO. 2007-65
A RESOLUTION OF THE OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA ADOPTING AN
ADDENDUM TO MITIGATED NEGATIVE DECLARATION
N0. 2005-07
WHEREAS, Lumos Communities, LLC filed an application to replace a
span bridge requirement that was part of the mitigation set forth in Mitigated
Negative Declaration ("MND") No. 2005-07 with a trestle structure that will
accommodate the water and sewer lines (the "Activity"); and
WHEREAS, accarding to Section 15164(b) of the State California
Environmental Quality Act (CEQA) Guidelines, "an addendum to an adopted
negative declaration may be prepared if only minor technical changes or additions
are necessary"; and
WHEREAS, preparation of an Addendum was selected as the most
appropriate CEQA compliance document utilizing the criteria set forth in Sections
15162 and 15164 of the State CEQA Guidelines because the minor engineering
modification will not result in any new or more intense environmental impacts; and
WHEREAS, the City Council of the City of Lake Elsinore has been
delegated with the responsibility of adopting environmental documents; and
WHEREAS, the Planning Commission considered and recommended
approval of the proposed Addendum following a duly noticed public hearing on
Apri13, 2007; and
WHEREAS, public notice of the Project has been given, and the City
Council has considered the recommendation of the Planning Commission and
evidence presented by the Director of Community Development and other
interested parties at a public hearing held with respect to this item on April 24,
2007.
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 considered the proposed Addendum to
Mitigated Negative Declaration No. 2005-07, prior to making a decision.
CITY COUNCIL RESOLUTION NO. 2007-65
PAGE 2 OF 4
SECTION 2. The City Council finds and determines that Addendum to
Mitigated Negative Declaration No. 2005-07 (SCH# 2005091060) is adequate and
prepared in accordance with the requirements of the California Environmental
Quality Act (CEQA).
SECTION 3. That in accordance with CEQA, the City Council makes the
following findings related to the Addendum:
1. Based on information that has arisen since the time that the MND was
approved, the Developer is proposing to remove the span bridge
component of the Project. Subsequent review of the Project by the
City Engineer revealed that the span bridge was unnecessary and that
the purposes of the span bridge could be achieved equally as well by
way of a trestle. The City Engineer recommended that the technical
change be made because the span bridge component was unnecessary.
2. In lieu of building the span bridge, the Developer is proposing to
construct a trestle through which the water and sewer mains can run
and which will completely avoid encroachment upon the unnamed
drainage. The trestle will be located above the unnamed drainage, but
below grade level in a gully.
3. The Activity will not result in any new significant environmental
effects or substantially increase the severity of identified effects to
levels that are unmitigable. The degree or level of environmental
effects resulting from the Activity will be either the same or less than
those found in the adopted MND, or can be mitigated to insignificant
levels.
4. Substantial changes have not occurred with respect to those
circumstances under which the Activity will be developed. The
Activity will have either the same level of impact or less of an impact
on the environment than the Project. To the extent certain mitigation
measures imposed on the Project have been completed and to the
extent the Activity involves any new environmental impacts, the
Addendum includes mitigation measures which will mitigate
potentially significant effects to a level of insignificance.
CITY COiTNCIL RESOLUTION NO. 2007-65
PAGE 3 OF 4
5. The City is aware of new information and issues, which were
unknown at the time the MND was adopted, that suggest that the
Activity mayhave potential significant effects that were not described
in the previous MND. These issues include biology and water quality.
The technical assessment prepared for the Activity concludes that
greater impacts will not result from the pipelines and trestle.
Therefore, the assessment shows that there is no new information that
was not previously considered in the adopted MND.
SECTION 4. Based upon all of the evidence presented, the above findings,
and the conditions of approval imposed upon the Activity, the City Council hereby
approves the Addendum to Mitigated Negative Declaration No. 2005-07.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this twenty-fourth day of April,
2007, by the following vote:
AYES: COUNCILMEMBERS: Thomas Buckley, Daryl Hickman, Genie Kelle~
Robert Schiffner and Mayor Rober.t Magee
NOES: COUNCILNIEMBERS: None
ABSENT: COUNCILMENIBERS: None
ABSTAIN: COUNCILMEMBERS: 1Jone
~e
ert E. Mage
City of Lake El~
CITY COUNCIL RESOLUTION NO. 2007-65
PAGE 4 OF 4
ATTEST:
~ .~(,r~~~ Q (~ ~
Michelle Soto, Interim City Clerk
City of Lake Elsinore
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
City of Lake Elsinore