HomeMy WebLinkAboutCC Reso No 2007-200RESOLUTION NO. 2007- 200
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALFFORNIA, ADOPTING MITIGATED
NEGATIVE DECLARATION N0. 2007-05
WHEREAS, the City of Lake Elsinore wishes to commence proceedings to
consider General Pian Amendment No. 2007-14, Conditional Use Permit No. 2007-21,
and industrial Design Review No. 2006-03 (the "ProjecY'); and
WHEREAS, the Project is subject to the provisions of the California
Environmental Quality Act (Public Resources Code, Sections 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 pubiic
agencies (Pubiic 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. Based upon the results of that Initial Study, there was substantial
evidence that all potential impacts to the environment associated with the Project could
be mitigated to less than significant levels; 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 Mitigated Negative Declaration No. 2007-05 for the
Project (the "Negative Declaration"); and
WHEREAS, pursuant to CEQA Guidelines, Section 15072, on July 27,
2007, the City duly issued a notice of intent to adopt the Mitigated Negative Declaration;
and
WHEREAS, the City Council of the City of Lake Elsinore has been
delegated with the responsibility of adopting mitigated negative declarations; and
WHEREAS, public notice of the Project and the Mitigated Negative
Declaration have been given, and the City Council has considered evidence presented
by the Community Development Department and other interested parties at a public
hearing held with respect to this item on November 27, 2007.
NOW, THEREFORE, THE CITY COUNGIL 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 the Mitigated Negative Declaration.
1
SECTION 2. The City Council hereby finds that the Mitigated Negative
Declaration for the Project is adequate and has been completed in accordance with
CEQA, the State CEQA Guidelines, and the Citys procedures for implementation of
CEQA. The City Council has reviewed and considered the information contained in the
Mitigate.d Negative Declaration and finds that the Mitigated Negative Declaration
represents the independent judgment of the City.
SECTION 3. The City Council further finds and determines that none of
the circumstances listed in CEQA Guidelines Section 15073.5 requiring recirculation of
the Mitigated Negative Declaration are present and that it would be appropriate to adopt
the Mitigated Negative Declaration as proposed.
SECTION 4. The City Council hereby makes, adopts, and incorporates
tMe following findings regarding the lack of potential environmental impacts of the
Project and the analysis and conclusions set forth in the Mitigated Negative Declaration:
1. Revisions in the Project plans or proposals made by or agreed to by the
applicant before a 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 Inifial Study conducted for the Project, fhere is substanfial evidence
suggesting that all potential impacts to the environment resulting from fhe Project can
be mitigated fo the less than significant levels.
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 nof have a significanf effect on the environment.
SECTION 5. This Resolution shali take effect from and after the date of
its passage and adoption.
2007.
PASSED, APPROVED AND ADOPTED or~..,this
ATT ST:
IM . -~1.w
VIVIAN MUNSON
CITY CLERK
ROBERT E. M~
CITY OF LAKE
of November
AYOR
RE
2
API~'ROVED AS T.OF
~ /~~ T-' ~ 1 J
B RBARA ZEI LEI OLD
CITY ATTORNEY
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. 2007-200 was adopted by the City Council of the City
of Lake Elsinore at a regular meeting held on the 27th day of November 2007, and that
the same was adopted by the following vote:
AYES: COUNCILMEMBER THOMAS BUCKLEY, COUNCILMEMBER GENIE KELLEY,
MAYOR PRO TEM DARYL HICKMAN, MAYOR ROAERT E. MAGEE
NOES: NONE
ABSTAIN: COUNCILMEMAER ROBERT SCHIFFNER
ABSENT: rroNE
VIVIAN M. MUNSON
CITY CLERK