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HomeMy WebLinkAboutCC Reso No 2007-206RESOLUTION NO. 2007- 206 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ADOPTION OF A SUBSEQUENT MITIGATED NEGATIVE DECLARATION TO PREVIOUSLY ADOPTED MITIGATED NEGATIVE DECLARATION NO. 2005-06 WHEREAS, the City of Lake Elsinore wishes to commence proceedings to consider Commercial Design Review No. 2007-08, Variance No. 2007-01, and Uniform Sign Program No. 2007-02 (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 invoives 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 entitiement for use by one or more public agencies (Public Resources Code, Section 21065); and WHEREAS, on December 13, 2005, the City Council approved and certified Mitigated Negative Declaration 2005-06, which analyzed and mitigated potential environmental impacts associated with development of the Lake Elsinore Ford automotive dealership, and Mitigated Negative Declaration 2005-06 was properiy circulated, commented upon and certified; and WHEREAS, since the time that Mitigated Negative Deciaration 2005-06 was adopted, there has been a change in tenant for the proposed dealership from Ford to Toyota; and Toyota's corporate policies require that their dealerships incorporate standard signage, orientation and design features that differ slightly from Ford's which cannot accommodate Toyota's needs; and in order for the Toyota dealership to be built consistent with City standards and Toyota's corporate policies, it wiil be necessary for Toyota to incorporate an additional 10,000 square feet of building space, and import 107,000 cubic yards of fill from a site within 10 miles with all environmental clearances; and WHEREAS, pursuant Section 15162 of the CEQA Guidelines says that when a negative declaration has been adopted for a project, a subsequent negative declaration shall be prepared for the project if, on the basis of substantial evidence in light of the whole record if new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous negative declaration was adopted, and indicates that the project will have one or more significant effects not discussed in the previous negative declaration; 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 1 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 Subsequent Mitigated Negative Declaration No. 2005-06 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 Subsequent Mitigated Negative Declaration; and WHEREAS, the City Councii of the City of Lake Elsinore has been delegated with the responsibility of app~oving documents prepared pursuant to CEQA; and WHEREAS, public notice of the Project and the Subsequent Mitigated Negative Declaration was given, and the Planning Commission considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on December 4, 2007; and WHEREAS, public notice of the Project and the Subsequent Mitigated Negative Declaration has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing with respect to this item on December 11, 2007. NOW, THEREFORE, 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 made a substantive part of this resolution. SECTION 2. The City Council has evaluated all comments, written and oral, received from persons who have reviewed the Subsequent Mitigated Negative Deciaration. SECTION 3. The City Council hereby finds that the Subsequent Mitigated Negative Declaration for the Project 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 Subsequent Mitigated Negative Declaration and finds that the Subsequent Mitigated Negative Declaration represents the independent judgment of the City. SECTION 4. The City Council further finds and determines that none of the circumstances listed in CEQA Guidelines Secfion 15073.5 requiring recirculation of the Subsequent Mitigated Negative Declaration are present and that it wouid be appropriate to adopt the Subsequent Mitigated Negative Declaration as proposed. 2 SECTION 5. The City Council hereby makes, adopts, and incorporates the following findings regarding the lack of potential environmental impacts of the Project and the analysis and conciusions set forth in the Subsequent 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 lnifial Study conducted for the Project, there is substantial evidence suggesting that all potential impacts to the environment resulting from the Project can be mitigated to the /ess 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 fhe light of the whole record presented, the Project will not have a significant effect on the environment. SECTION 6. This resolution shail take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 11th day of December 2007. AT EST: V IAN MUNSON, CITY CLERK CITY OF LAKE ELSINORE APPROVED AS TO FORM: RBARA Z ID LEIBOLD, CITY ATTORNEY CITY OF L E ELSINORE CITY OF LAKE E 3 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. ~nn~-~nti was adopted by the Cit~ Council of the City of Lake Elsinore, California, at a regular meeting heid on the 11~ day of December 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 ABSENT: None ABSTAIN: None .~_~. Wwir~--' VIVIAN M. MUNSON CITY CLERK 4