HomeMy WebLinkAboutCC Reso No 2006-163RESOLUTION NO. 2006-163
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA,
ADOPTING MITIGATED NEGATIVE DECLARATION
NO. 2006-03 AND THE MITIGATION MONTTORING
PROGRAM PERTAINING THERETO, FOR
ANNEXATION NO. 78 AND ITS RELATED CASES, ON
APPROXIMATELY 21.13+ ACRES.
WHEREAS, the C& J Family Trust has filed an application with the
City of Lake Elsinore to annex 21.13± acres into the City boundaries,
redesignate certain acreage to a City General Plan land use designation, and
pre-zone certain acreage to City zoning (the "ProjecY'), on property located
approximately 3.5 miles west of Interstate 215, south of Holland Road, narth
of Carson Avenue, and contiguous to the easterly boundary of the City of
Lake Elsinore, and known as Assessor's Parcel No. 358-130-020; and
WHEREAS, Annexation No. 78 and its related cases are defined 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 Subsection 21000 et seq.: "CEQA") 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 mare public agencies; and
WHEREAS, the Initial Study revealed that the Project may have
potentially significant environmental impacts. Nevertheless, it was
deternuned that an environmental impact report was not necessary and that
all of the potentially environmental impacts could be mitigated to a level of
insignificance. Therefore, it was deternuned that it would be appropriate
under CEQA to prepare Mitigated Negative Declaration No. 2006-03 to
address the potentially significant environmental impacts and applicable
mitigation measures; and
CITY COLTNCIL RESOLUTION NO. 2006-163
PAGE 2 OF 3
WHEREAS, public notice of the Project 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 September 26, 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 has considered the proposed
Mitigated Negative Declaration No. 2006-03 and related Mitigation
Monitoring Program prior to making their decision that the documents be
approved. The City Council finds and deternunes that Mitigated Negative
Declaration No. 2006-03 and related Mitigation Monitoring Program are
adequate and prepared in accordance with the requirements of CEQA.
SECTION 2. That in accordance with CEQA, State Planning and
Zoning Law; and the Lake Elsinore Municipal Code, the City Council makes
the following findings for the approval of Mitigated Negative Declaration
No. 2006-03 and the related Mitigation Monitoring Program:
1. Through development of the Project, the immediate natural
environment will change from a natural setting to a suburban one.
This change is not necessarily considered a substantial or
significant degradation to the environment. The Project will not
substantially reduce the habitat of a fish or wildlife species, nor
will it cause a population to drop below self-sustaining levels.
Further, the Project will not eliminate a plant or animal
community, nor reduce the number ar range of a rare ar
endangered plant or animal. Additionally, the site contains no
lrnown historical resources.
2. The Project has individual impacts that can be mitigated to below
the level of significance through implementation of the Mitigation
Monitoring Program and the conditions of approval. The Project's
contribution to cumulative noise impacts are insignificant when
considered in light of the contribution to traffic noise resulting
CITY COUNCIL RESOLUTION NO. 2006-163
PAGE 3 OF 3
from projects within the vicinity. No considerable cumulative
impacts will occur as a result of the Project.
3. The Project does not pose any potential adverse effects on human
beings.
SECTION 3. This Resolution shall take effect from and after the
date of its passage and adoption.
PASSED, APPROVED AND ADOPTED this 26t" day of
September, 2006, by the following vote:
AYES: COUNCILMEMBERS: BUCKLEY, KELLEY,
SCHIFFNER, MAGEE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: HICKMAN
ABSTAIN:
Robert E. M;
City of Lake
ATTEST:
G~
~erick ~cay, City Clerk
City of Lake Elsinore
AP ROVED TO .
i
rbara Zeid eibold, City Attorney
City of Lake Elsinore