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HomeMy WebLinkAboutCC Reso No 2007-152RESOLUTION NO. 2007-152 A RESOLUTION OF THE CTTY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2007-04 AND MITIGATION MONITORING AND REPORTING PROGRAM PERTAINING THERETO WHEREAS, Califomia Business Condos has filed applications (Conditional Use Pernut No. 2007-07 & Commercial Design Review No. 2006-17) with the City of Lake Elsinore to construct and operate a two-story 56,006 square foot professional building with associated improvements on five acres (the "Project"); and WHEREAS, Conditional Use Pernut No. 2007-07 & Commercial Design Review No. 2006-17 and the related entitlements qualify as a"project" under California Public Resources Code Section 21065, which defines a project for purposes of the California 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 an activity which may cause either a direct physical change in the environment and which includes the issuance to a person of a lease, pernut, 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 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 Declaration No. 2007-04 for the Project (the "Mitigated Negative Declaration"); and WHEREAS, consistent with Section 21081.6 of CEQA, which requires that a lead agency prepare a reporting and monitoring program for changes made to the project or conditions of project approval when adopting a environmental impact report ar a mitigated negative declaration, the City prepared and circulated a Mitigation and Monitoring Program with the Mitigated Negative Declaration; and CITY COiTNCIL RESOLUTION 2007-152 PAGE 2 OF 4 WHEREAS, pursuant to CEQA Guidelines Section 15072, on July 9, 2007 the City duly issued a notice of intent to adopt the Mitigated Negarive Declaration; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council regarding environmental documents; and WFIEREAS, at a duly noticed public hearing on August 7, 2007, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to the Mitigated Negative Declaration and recommended adoption of the Mitigated Negative Declaration; and WHEREAS, public notice of said project has been given, and the City Council has considered the recommendation of the Planning Commission and evidence presented by the Community Development Deparhnent and other interested parties at a public hearing held with respect to this item on August 14, 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 evaluated all comments, written and aral, received from persons who have reviewed Mitigated Negative Declaration No. 2007-04 and the Mitigation and Monitoring Program, prior to making its decision. SECTION 2. The City Council finds and determines that Mitigated Negative Declaration No. 2007-04 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 far 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 accordance 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. 2007-04 and the related Mitigation Monitoring Program: CITY COUNCIL RESOLUTION 2007-152 PAGE 3 OF 4 1. Revisions in the project plans or proposals made by or agreed to by the applicant befare a proposed mitigated 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. The Project would alter the site from natural/vacant land and one abandoned single family home, to an urbanized site. This change is not necessaraly 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 a level of significance through the implementation of a Mitigation Monitoring Program and the conditions of approval. Potential impacts associated with biological resources, the substantial reduction of habitat for fish or wildlife species, the drop of a population below self-sustaining levels, the elimination of a plant or animal community or the reduction of a number of rare or endangered species will be less than significant with the implementation of mitigation measures and conditions of approval. Further conversion of this vacant site does not have the potential to impact cultural resources. Cultural studies indicated that no further action is warranted. However, archaeological and Tribal mitigation were incorporated into the Project to ensure that impacts will be less than significant. In potential impacts related to air quality, geology and soils, and traffic attributed to construction and increased urbanization will be less than significant with the implementation of mitigation measures and conditions of approval. SECTION 4. Based upon all of the evidence presented, both written and testimonial, the above findings, and the conditions of approval imposed upon the Project, the City Council approves Mitigated Negative Declaration 2007-04 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 2007-152 PAGE 4 OF 4 PASSED, APPROVED AND ADOPTED this 14`h day of August 2007, by the following vote: AYES: COUNCILMEMBERS: su~kiey, Hickman, xeiiey Schiffner, Magee NOES: COLTNCILMEMBERS: tvone ABSENT: COLTNCILMEMBERS: None ABSTAIN: COiJNCILMEMBERS: None /~/~~~~ Robert E. M; City of Lake ATTEST: ~ ~~ Q~~ ~ Michelle Soto, Interim City Clerk City of Lake Elsinore City Attorney City of Lake