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HomeMy WebLinkAboutCC Reso No 2006-160RESOLUTION NO. 2006-160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAI~E ELSINORE, CALIFORNIA, ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2005-12 AND THE MITIGATION MONITORING AND REPORTING PROGRAM FOR ANNEXATION NO. 77 WHEREAS, the City of Lake Elsinore has initiated an application for General Plan Amendment No. 2006-03, Pre-Zoning No. 2006-04, and Annexation No. 77 for a one hundred fifty-four (154) acre site located adjacent to State Route 74, East of Trellis Lane (the "ProjecY'); and WHEREAS, Annexation 77 qualifies as a"projecY' under California Public Resources Code Section 21065, which defines a project for purposes of the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA") as any activity which may cause either a direct physical change in the environment, ar a reasonably fareseeable 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, the Planning Commission opened the public hearing on the Project at a duly noticed public hearing on August 1, 2006; and WHEREAS, in response to the public comments shared at the August 1, 2006 meeting, the Planning Commission voted to continue the public hearing on the Project until the regularly scheduled meeting of September 19, 2006; and WHEREAS, on September 19, 2006, the Planning Commission considered additional evidence presented by the Community Development Deparhnent and other interested parties with regard to the Project; and WHEREAS, public notice of said application has been given, and the City Council has considered evidence presented by the Community Development 3~epartment and other interested parties at a public hearing held with respect to this item on September 26, 2006. CITY COUNCIL RESOLUTION NO. 2006-160 Page 2 of 3 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 considered the proposed Mitigated Negative Declaration No. 2005-12 and related Mitigation Monitoring and Reporting Program prior to making a decision. The City Council finds and determines that Mitigated Negative Declaration No. 2005-12 and Mitigation Monitoring and Reporting Program are adequate and prepared in accordance with the requirements of CEQA. SECTION 2. That in accordance with CEQA, the CEQA Guidelines, State Planning and Zoning law, and the City of Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Mirigated Negative Declaration No. 2005-12 and related Mitigation Monitoring and Reporting Program: l. Revision in the project plans 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 aeoid the effects or mitigate the effects to a point where clearly no significant effects would occur. The applicant has made revisions to the Project and has agreed to specific conditions which mitigate the potentially significant environmental effects of the Project to a level of insignificance. 2. There is no substantial evidence, in the light of the whole record before the agency, that the project as revised may have a significant effect on the environment. Pursuant to the evidence received in the light of the whole record presented, the Project will not have a significant effect on the environment considering the Mitigation Monitoring and Reporting Program. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. CITY COUNCIL RESOLUTION NO. 2006-160 Page 3 of 3 PASSED, APPROVED AND ADOPTED this twenty-sixth day of September, 2006, by the following vote: AYES: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: HICKMAN ABSTAIN: COUNCILMEMBERS: NONE Robert E. Magee, City of Lake Elsu ATTES : Frederick ay, City Clerk City of Lake Elsinore AS . B2rfbara Zeid L bold, City Attorriey City of Lake E sinore