HomeMy WebLinkAboutCC Reso No 2006-187RESOLUTION NO. 2006-187
A RESOLUTION OF THE CITY COUNCIL OF THE
CITI' OF LAKE ELSINORE, CALIFORNIA,
ADOPTING MITIGATED NEGATIVE
DECLARATION NO. 2006-07 AND TAE
MITIGATION MONITORING PROGRAM
APPERTAINING THERETO, FOR THE SLOPE
STABILIZATION PLAN AT WASSON CREEK IN
TRACT MAP NO. 31792
WHEREAS, Lennar Homes has filed applications with the City of
Lake Elsinore to remediate and stabilize an existing manufactured slope (the
"Project"); and
WHEREAS, the Slope Stabilization Plan qualifies as a"projecY'
under California Public Resources Code Section 21065, which defines a
project for purposes of the Califomia Envirorunental 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
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, 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 with the mitigation measures in place. Therefore, it was
deternuned that it would be appropriate under CEQA to prepare Mitigated
Negative Declaration No. 2006-07 to address the potentially significant
environmental impacts and applicable mitigation measures; and
WHEREAS, public notice of the Project has been given, and the
Planning Commission has considered evidence presented by the Community
Development Department and other interested parties at a public hearing
held with respect to this item on October 17, 2006.
CITY COUNCIL RESOLUTION NO. 2006-187
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. 2006-07 and related Mitigation
Monitoring Program prior to making its decision. The City Council finds
and determines that Mitigated Negative Declaration No. 2006-07 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. 2006-07 and the related Mitigation Monitoring Program:
1. On the basis of the whole record before the City Council,
including the initial study and both verbal and written testimony
received from the public, there is no substantial evidence that the
project will have a significant effect on the environment.
2. Based on the lack of native habitat on the Project site, there is no
potential for the Project to affect the fish or wildlife species or
plants or plant communities. No known historical or prehistoric
resources exist on the Project site.
3. The Project does not have individual nor cumulative impacts that
would be deemed considerable.
4. The Project will not result in any significant impacts to human
beings. Sufficient construction control measures have been
identified to reduce short-term construction impacts to below a
level of significance. Compliance with the many federal, state and
local regulations already placed on the Project will ensure that the
Project contains sufficient prevention and contairunent measures
to reduce any hazards associated with storage, use and transport of
hazardous substances to a less than significant level.
CITY COiJNCIL RESOLUTION NO. 2006-187
PAGE 3 OF 3
SECTION 3. This Resolution shall take effect from and after the
date of its passage and adoption.
PASSED, APPROVED AND ADOPTED this 14`h day of
November, 2006, by the following vote:
AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER,
MAGEE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: BUCKLEY
ABSTAIN: COUNCILMEMBERS: NONE
~
Robert E. Mage ayor
City of Lake Elsinore
ATTES :
Frederick ay, City Clerk
City of Lake Elsinore
AS TO FOR1yI:
B~bara Zeid ibold, City Attomey
City of Lake lsinore