HomeMy WebLinkAboutCC Reso No 2007-190RESOLUTION NO. 2007. t ao
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, ADOPTING NEGATIVE
DECLARATION NO. 2007-03 FOR TEXT AMENDMENT NO.
2007-04, TEXT AMENDMENT NO. 2007-05, GENERAL PLAN
AMENDMENT NO. 2007-05; ZONE CHANGE (PRE-ZONE) NO.
2007-05; AND ANNEXATION NO. 82 FOR THE RUNNING DEER
TERRITORY
WHEREAS, the City of Lake Elsinore is considering the approval of Text
Amendment No. 2007-04, Text Amendment No. 2007-05, General Plan Amendment
No. 2007-05, Zone Change (PreZone) No. 2007-05, Annexation No. 82, and Negative
Declaration No. 2007-03 (the "ProjecY'); and
WHEREAS, Annexation No. 82 and its related cases pertain to property
which is bound by the City of Lake Elsinore to the south and east, by the Cleveland
National Forest to the west, and the conditionally approved Pacific Clay Annexation to
the north (Lake Elsinore Annexation No. 72, LAFCO 2005-81-1 Reorganization); and
WHEREAS, Annexation No. 82 and its related cases qualify as a"projecY'
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 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 entitlement for
use by one or more public agencies (Pubiic Resources Code Section 21065); and
WHEREAS, pursuant to CEQA Guidelines Section 15063, the City
conducted an Initial Study which revealed that 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. 2007-03 for the Project
(the "Negative Declaration"); and
WHEREAS, pursuant to CEQA Guidelines Section 15072, on September
4, 2007, the City duly issued a notice of intent to adopt the Negative Declaration; and
WHEREAS, after considering the Running Deer Annexation Applications,
and the Negative Declaration at a regular meeting held on October 16, 2007, the
Planning Commission of the City of Lake Elsinore recommended that the City Council
approve Negative Declaration No. 2007-03; and
1
WHEREAS, at a duly noticed public hearing on November 13, 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 Negative Declaration.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, 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 Negative Declaration No. 2007-03, prior
to making its decision.
SECTION 2. The City Council finds and determines that Negative
Declaration No. 2007-03 is adequate and has 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
Negative Declaration and finds that the documents represent the independent judgment
of the City.
SECTION 3. That in accordance with CEQA, the CEQA Guidelines, the
Pianning and Zoning Law, and the Lake Elsinore Municipal Code, the City Council
makes the following findings for the approval of Negative Declaration No. 2007-03:
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 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 Projecf may have a signi~cant effect on the
environment. Additionally, the design of the Project, coupled with the City's
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 before 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 4. Based upon ail of the evidence presented, both written and
testimonial, the above findings, and the conditions of approvai imposed upon the
Project, the City Council approves Negative Declaration 2007-03.
SECTION 5. This resolution shall take effect from and after the date of its
passage and adoption.
2
PASSED, APPROVED AND ADOPTED on this 13th day of November
2007.
CITY OF LAKE
ATT ST:
,~ YL~. l~,a.~-
VIVIAN MUNSON, CITY CLERK
CITY OF LAKE ELSINORE
APPROVED AS TO FORM:
~ . ~/ l/~--~-
BARBARA ZEID LEIBOLD, CITY AlTORNEY
CITY OF LAKE ELSINORE
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby
certify that Resolution No. 2007-190 was adopted by the City Council of the City
of Lake Elsinore at a regular meeting held on the 13th day of November 2007, and that
the same was adopted by the following vote:
AYES: Mayor Magee, Mayor Pro Tem Hickman, Councilmember Buckley,
Councilmember Kelley, Councilmember Schiffner
NOES: None
ABSTAIN: None
ABSENT: None
~
VIVIAN M. MUNSON
CITY CLERK