The URL can be used to link to this page

Home My WebLink AboutCC Reso No 2007-147RESOLUTION NO. 2007-147 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2007-O1 AND THE MITIGATION MONITORING PROGRAM PERTAINING THERE'TO WHEREAS, the Shopoff Group has filed applications with the City of Lake Elsinore to annex 75± acres into the City boundaries ("Annexation No. 79"), redesignate certain acreage to City General Plan land use designations, pre-zone certain acreage to City zoning, revise Ramsgate Specific Plan No. 89-1, and to subdivide approximately 74.56± acres of property into 269 residenrial lots, three (3) detention/water basins and twenty-six (26) open space lots (the "Project"); and WHEREAS, Annexarion No. 79 and its related cases pertain to property located south of State Route 74, north of Wasson Canyon, west of Rosetta Canyon Drive and east of Cambern and Conard Avenues, and known as Assessor's Parcel Nos. 347-330-001, -002, -022, -023, -065, -067 through -074; 347-360-001 and - 002; 377-100-006, -009, and -010 (the "Property"); and WHEREAS, Annexarion No. 79 and its related cases qualify as a"projecY' under California Public Resources Code Section 21065, which defines a project far purposes of the Califomia Environmental Quality Act (Public Resources Code Sections 21000 et seq.: "CEQA") and the State Guidelines for Implementation of CEQA (Title 14, California Code of Regulations Sections 15000 et seq.: "CEQA Guidelines") as any activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and which includes the issuance to a person of a lease, permit, license, certificate, or other enritlement for use by one ar mare public agencies (Public Resources Code Section 21065); and WHEREAS, pursuant to CEQA Guidelines Section 15063, the City conducted an Initial Study which revealed that the Project may present potentially significant envirorunental 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 Mitigated Negative Declararion No. 2007-01 (State Clearinghouse No. 2007041063) far the Project (the "Mitigated Negative Declaration"); and WHEREAS, consistent with Section 21081.6 of CEQA, which requires that a lead agency prepare a reporting ar monitoring program for changes made to the project or conditions of project approval when adopting an environmental impact CITY COLTNCIL RESOLUTION NO. 2007-147 PAGE 2 OF 4 report or a mitigated negative declaration, the City prepared and circulated a Mitigation and Monitoring Program with the Mitigated Negative Declaration; and WI3EREAS, pursuant to CEQA Guidelines Section 15072, on April 13, 2007, the City duly issued a notice of intent to adopt the Mitigated Negative Declaration; and WHEREAS, after considering the Ramsgate Applications, the Mitigated Negative Dedaration and the Mitigation Monitoring and Reporting Program at a regular meeting held on July 17, 2007, the Planning Commission of the City of Lake Elsinare recommended that the City Council approve Mitigated Negative Declaration No. 2007-0 l and its related Mitigation and Monitoring Program; and WFIEREAS, at a duly noticed public hearing on August 14, 2007, the City Council considered the Planning Commission's recommendation and evidence presented by the Community Development Department and other interested parties with respect to the Mitigated Negative Declaration. 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 a11 comments, written and oral, received from persons who ha~e reviewed Mitigated Negative Declaration No. 2007-01 and the Mitigation and Monitoring Program, prior to making its decision. SECTION 2. The City Council finds and determines that Mitigated Negative Declaration No. 2007-01 and the Mitigation and Monitoring Program for the Project are adequate and have 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 Mitigated Negative Declaration and Mitigation and Monitoring Program and finds that the documents represent the independent judgment of the City. SECTION 3. That in accardance with CEQA, the CEQA Guidelines, the Planning and Zoning Law, and the Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Mitigated Negative Declaration No. 2007-01 and the related Mirigation Monitoring Program: CITY COiINCIL RESOLUTION NO. 2007-147 PAGE 3 OF 4 1. Revision in the Project plan or proposal made by or agreed to by the applicant before a proposed mitigated negative declaration and initial study are released for public review would a~oid the effects ar mitigate the effects to a point where clearly no significant effects would occur. The Project would alter the site from natural/vacant land, sparse single- family residence, agricultural land, and a detention basin to an urbantzed site. This change is not necessarily considered a substantial or significant degradation to the environment, and as such no revision to the proposed project plan or proposal was determined to be necessary to bring potential impacts to a level of less than significant. 2. The Project has individual impacts that can be mitigated to below the level of significance through implementation of Mitigation Monitoring Program and the conditions of approval. YVhile conversion of land would potentially impact biological resources, this Project would not substantially reduce the habitat of a fish or wildlife species, nor will it cause a population to drop below self-sustaining levels. The Project will not eliminate a plant or animal communiry, nor reduce the number or range of a rare or endangered species. Further, conversion of this vacant site does have the potential to impact cultural resources. Both the Phase I and Phase II cultural studies indicated that no further action is necessary. However, archeological and Tribal mitigation were incorporated to ensure that impacts to these resources will be less than significant. In addition, potential irnpacts related to air quality, light and glare, noise, and traffic attributed to constr°uction and increased urbanization will be less than significant with the implementation of mitigation measures and conditions of approval. Issue areas related to human health and safety such as geology, hazards and hazardous materials, and public services were also evaluated and found to be less than significant with the implementation of appropriate mitigation and conditions of approval. SECTION 4. Based upon all of the evidence presented, both written and tesrimonial, the above findings, and the conditions of approval imposed upon the Project, the City Council approves Mitigated Negative Declaration 2007-01 and its related Mitigation and Monitoring Program. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. CITY COUNCIL RESOLUTION NO. 2007-147 PAGE 4 OF 4 PASSED, APPROVED AND ADOPTED this 14`h day of August, 2007, by the following vote: AYES: COiTNCILMEMBERS: Auckley, xickman, xelley Schiffner, Magee NOES: COUNCILMEMBERS: lvone ABSENT: COLTNCILMEMBERS: lvone ABSTAIN: COUNCILMEMBERS: one f ~ Robert E. Magee, lyI City of Lake Elsin~ ATTEST: ( ~,~~ n~ ',~, ~c~b ic elle Soto, Interim City Clerk City of Lake Elsinore AP OVED TO ~ O bara Zei Leibold, City Attorney City of Lake Elsinore