HomeMy WebLinkAboutCC Reso No 2006-189RESOLUTION NO. 2006-189
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, APPROVING
MITIGATED NEGATIVE DECLARATION NO. 2006-06
WFIEREAS, Pacific Aggregates, Inc. has filed an application with the City
of Lake Elsinore requesring review and approval of Reclamation Plan No. 2006-01
for a 211.40 acre site located on the east side of the I-15 Freeway at the Nichols
Road intersection and commonly identifiable as APNs 389-200-015, -023, and
-024 (the "ProjecP'); and
WHEREAS, the standards and requirements of the California
Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA") and
the CEQA Guidelines apply only to discretionary projects, which are defined in
CEQA Section 21065 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 far use by one or more public agencies; and
WHEREAS, the Project is a discretionary project within the meaning of
Section 21065 of CEQA because it involves extensive reclamation activities which
may cause both a direct and indirect physical change in the environment and no
reclamation activities may begin on the Project site until the Project is approved;
and
WHEREAS, an Initial Study was conducted on the Project and revealed that
the Project may have potentially significant environmental impacts; and
WHEREAS, pursuant to CEQA Guidelines 15070-15075, it was further
deterxnined that all potenrially significant environmental impacts could be
mitigated to a statistical level of insignificance and that it was appropriate to
prepare Mitigated Negative Declaration No. 2006-01 to address the environmental
impacts of the project; and
WHEREAS, on October 3, 2006, after considering evidence presented by
the Community Development Department and other interested parties at a public
hearing held with respect to this item, the Planning Commission approved the
Project; and
WFIEREAS, on October 6, 2006, Ms. Sheri Weaver filed an appeal of the
Planning Commission's October 3, 2006 decision; and
CITY COiJNCIL RESOLUTION NO. 2006-189
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WHEREAS, on November 14, 2006, the City Council heard 1VIs. Weaver's
appeal and considered evidence presented by the Community Development
Department and other interested parties.
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 Project and has found it
acceptable. The City Council finds and deternunes the Project is consistent with
the Lake Elsinore Municipal Code and determines that Mitigated Negative
Declaration No. 2006-06 is adequate and prepared in accordance with the
requirements of the CEQA and the CEQA Guidelines.
SECTION 2. That in accordance with CEQA and the CEQA Guidelines,
the City Council makes the following findings for the approval of the Mitigated
Negative Declaration No. 2006-06:
1. Revisions in the Project plans or proposals made by or agreed to by the
applicant before a proposed 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. The applicant and city
worked closely with representatives of South Coast Air Quality Management
District ("South Coast") to address potential degradation of air quality. South
Coast's comments to the Mitigated Negative Declaration were integrated into
the Project design.
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 "less than significant. "
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 in light of the whole record, the Project will
not have a significant effect on the environment considering the Mitigation
CITY COiTNCIL RESOLUTION NO. 2006-189
PAGE 3 OF 4
Monitoring and Reporting Program, the Habitat Mitigation and Monitoring
Plan, and the conditions of approval.
3. The Reclamation Plan has been reviewed pursuant to CEQA and the City's
environmental review guidelines, and all significant adverse impacts from
reclamation of the surface mining operations are mitigated to the maximum
extent feasible.
Mitigated Negative Declaration 2006-06, the corresponding Mitigation
Monitoring and Reporting Program, and the corresponding conditions of
approval mitigate all environmental effects to a statistical level of
insignificance.
SECTION 3. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 14th day of November,
2006, by the following vote:
AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER,
MAGEE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: BUCKLEY
ABSTAIN: COUNCILMEMBERS: NONE
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CITY COLTNCIL RESOLUTION NO. 2006-189
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ATTEST:
rederick Ra , City Clerk
City of Lake Elsinare
AP OVED T F
arbara Zei eibold, City Attorney
City of Lake Elsinore