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HomeMy WebLinkAboutCC Reso No 2006-043RESOLUTION NO. 2006-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAI~ ELSINORE, CALIFORNIA ADOPTING NEGATIVE DECLARATION NO. 2006-02 WHEREAS, Vicki Mata, Trumark Companies, has submitted an application for General Plan Amendment No. 2005-08, Zone Change (Pre-Zone) No. 2005-09, and Annexation No. 75. The 246.4 acre site is located immediately adjacent to the existing southern boundary of the Canyon Hills Specific Plan within parcels described as APN(S) 365-220-026, 365-230-001, 005, 006, 007, 009, 010, 011, 012, AND 013 for property identified as "Canyon Hills Estates"; and WHEREAS, Canyon Hills Estates is defined as a"project" by Section 21065 of the California Environmental Quality Act (CEQA), Cal. Public Resources Code Seciion 21000 et seq., which is defined as an 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; and WHEREAS, Negative Declaration No. 2006-02 has been prepared to evaluate environmental impacts resulting with the project; and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on February 21, 2006, made its report upon the desirability of the proposed project, however, the Planning Commission's split-decision vote did not result in a recommendation to the City Council for Negative Declaration No. 2006-02, and WHEREAS, public notice of said applications has 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 April 11, 2006. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council finds and deternunes that Negative Declaration No. 2006-02 is adequate and prepared in accordance with the CITY COUNCIL RESOLUTION NO. 2006-43 Page 2 of 3 requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the project, based upon the following findings and determinations. SECTION 2. The following findings for the approval of Negative Declaration No. 2006-02 have been made as follows: 1. Revisions in the project plans ar proposals made by or agreed to by the applicant before a proposed 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; and The applicant has made revisions to the project or has agreed to specific conditions which would avoid the effects of the project to a point where no significant environmental effects will occur. 2. There is no substantial evidence, in light of the whole record before the agency that the project as revised may result in a significant effect on the environment. Pursuant to the evidence received in the light of the whole record presented by staff to the Planning Commission, the project will not have a significant effect on the environment considering the limited scope of the project. 3. Mitigation measures have been required to ensure all potentially significant impacts are reduced to levels of insignificance. The proposed project necessitated only a Negative Declaration, not a Mitigated Negative Declaration. No mitigation measures have been required as; all environmental impacts have been reduced to the level of insignificance by project design. 4. The Negative Declaration reflects the lead agency's independent judgment and analysis. City staff prepared Negative Declaration No. 2006-02. Together with any comments received during the public review process, the Planning Commission exercised its independent judgment in considering Negative Declaration No. 2006-02, and making its recommendation. 5. Specify the location and custodian of the documents or other material constituting the record of proceeding. CITY COiTNCIL RESOLUTION NO. 2006-43 Page 3 of 3 The Administrative Record for the project is located at City Hall, 130 S. Main Street, Lake Elsinore, CA 92530. The project planner, Mr. Kirt A. Coury, is the custodian of the Administrative Record. SECTION 3. PURSUANT TO THE ABOVE FINDINGS, the City Council of the City of Lake Elsinore hereby approves Negative Declaration No. 2006-02. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this l lt" day of April 2006, by the following vote: AYES: COUNCILMEMBERS: suckley, xick~an, Schiffner., t~agee NOES: COUNCILMEMBERS: xelley ABSENT: COIJNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: R~rt E. M City of Lake ATTE~`6~~ Frederick Ra , City Clerk City of Lake Elsinore AP ROVED TO O ~ Q ~; arbara Zei Leibold, City Attomey City of Lake Elsinore