HomeMy WebLinkAbout2022-091 PA 2021-18 Housing Element 2021-2029 Adoption of Negative Declaration CEQARESOLUTION NO. 2022-91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ADOPTING A NEGATIVE DECLARATION (ER 2021-01) (SCH NO.
2021080295) FOR PLANNING APPLICATION NO. 2021-18 (GENERAL PLAN
AMENDMENT NO. 2021-01)
Whereas, the City of Lake Elsinore prepared a Draft 6th Cycle Housing Element for the
2021-2029 period; and
Whereas, Government Code Section 65302(g)(3), requires the City to review and update
the Safety Element as necessary to address the risk of fire for land classified as State
Responsibility Areas and land classified as Very High Fire Hazard Severity Zones; and
Whereas, Government Code Section 65302 (h)(1) requires the City to incorporate
environmental justice policies into its General Plan; and
Whereas, General Plan Amendment No. 2021-01 (“Project”) incorporates the 6th Cycle
Housing Element for the 2021-2029 period and appropriate amendments to General Plan Chapter
3.0 addressing the Safety Element and the Environmental Justice Element as required by State
law; 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 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, 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 Project would have a significant effect on the environment. The Initial
Study revealed that the Project will have not have potentially significant environmental impacts;
and
Whereas, based upon the results of the Initial Study (Environmental Review No. 2021-
01), and based upon the standards set forth in CEQA Guidelines Section 15070, it was
determined that it was appropriate to prepare and circulate a Negative Declaration (ND) for the
Project; and
Whereas, pursuant to CEQA Guidelines Section 15072, on August 16, 2021, the City duly
issued a notice of intent to adopt the ND; and
Whereas, in accordance with CEQA Guidelines Section 15073, the ND was made
available for public review and comment for a minimum of 30 days beginning on August 18, 2021,
and ending on September 17, 2021; and
Whereas, the Planning Commission (Commission) has been delegated with the
responsibility of making recommendations to the City Council (Council) for adopting NDs; and
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Whereas, on October 5 2021, November 2, 2021 and August 16, 2022 at duly noticed
Public Hearings the Commission considered evidence presented by the Community Development
Department and other interested parties with respect to this item and on August 16, 2022 the
Commission adopted a resolution recommending that the Council adopt the ND for the Project;
and
Whereas, on August 23, 2022, at a duly noticed Public Hearing, the Council has
considered the recommendation of the Commission as well as evidence presented by the
Community Development Department and other interested parties with respect to this item.
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 Council has evaluated all comments, written and oral, received from
persons who have reviewed the ND. The Council hereby finds and determines that all public
comments have been addressed.
Section 3: The Council hereby finds that the ND for the Project is adequate and has been
completed in accordance with the CEQA Guidelines and the City’s procedures for implementation
of CEQA. The Council has reviewed and considered the information contained in the ND and
finds that the ND represents the independent judgment of the City.
Section 4: The Council further finds and determines that none of the circumstances listed
in CEQA Guidelines Section 15073.5 requiring recirculation of the ND are present and that it
would be appropriate to adopt the ND as proposed.
Section 5: The 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 ND:
1. The Project avoids the effects to the environment to a point where clearly no significant
effects would occur.
Based upon the Initial Study conducted for the Project, there is substantial evidence that all
potential impacts to the environment resulting from the Project are at less than significant
levels.
2. There is no substantial evidence, in the light of the whole record before the agency including
the initial study and any comments received, that the Project will have significant effect on
the environment.
Pursuant to the evidence received, including comment letters, 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 and the above findings, the Council
hereby adopts ND (ER 2021-01) for Planning Application No. 2021-18 (General Plan Amendment
No. 2021-01).
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Section 7: This Resolution shall take effect immediately upon its adoption.
Section 8: The City Clerk shall certify to the adoption of this Resolution and enter it into
the book of original Resolutions.
Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore,
California, this 23rd day of August, 2022.
Timothy J. Sheridan
Mayor
Attest:
___________________________________
Candice Alvarez, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that
Resolution No. 2022-91 was adopted by the City Council of the City of Lake Elsinore, California,
at the regular meeting of August 23, 2022, and that the same was adopted by the following vote:
AYES: Council Members Magee, Tisdale, and Manos; Mayor Pro Tem Johnson; and Mayor
Sheridan
NOES: None
ABSENT: None
ABSTAIN: None
Candice Alvarez, MMC
City Clerk
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