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HomeMy WebLinkAboutCC Reso No 2004-38RESOLUTION NO. 2004- 38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING MITIGATED NEGATIVE DECLARATION (MND) NO. 2003-OS FOR DESIGN REVIEW OF COMMERCIAL PROJECT NO. 2003- O5, AS PER THE APPROVED PLANS, MAHING THE APPROPRIATE FINDINGS, AND SUBJECT TO THE MITIGATION MONITORING PROGRAM CONTAINED AS EXHIBIT NO. 5 OF THE MND WHEREAS, an application has been filed with the City of Lake Elsinore by Bickel Underwood to request approval of Mitigated Negative Declaration No. 2003-OS for the purpose of developing Commercial Project No. C 2003-OS far a fast food restaurant and associated improvements (Candirional Use Permit 2003-13 is required for the proposed drive-through lane); WHEREAS, Mitigated Negative Declaration No. 2003-OS 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 April 20, 2004 made a recommendation that City Council approve Mitigated Negative Declaration No. 2003-OS and Commercial Project No. C 2003-05; and , WHEREAS, public notice of said applications has been given, and the City Council has considered evidence presented by the Community Development Depariment and other interested parties at a public hearing held with respect to this item on May 1 l, 2004; and WHEREAS, Section 21081.6 of CEQA requires that where a Mitigated Negative Declaration has been prepared for a project for which mitigation measures are adopted, that a mitigation monitoring or reporting program be adopted for said project, and pursuant to Section 21081.6 of GEQA, the City has prepared a Mitigation Monitoring Program; WHEREAS, a Notice of Intent to Adopt (NOI) has been filed with the County Clerk of Riverside County of said applications, and the Planning Division has requested a public review period commencing on March 22, 2004 and closing on April 22, 2004; a Notice of Completion has been filed with the State Clearinghouse for the same review period; NOW THEREFORE, the City Council of the City of Lake Elsinore DOES HEREBY RESOLVE pursuant to the following findings Mitigated Negative Declaration No. 2003-OS 1. Given that project impacts have been identified as Less Than Significant Impacts with Mitigation Incorporation, cumulative impacts are not foreseen. ,1 ~ CITY COUNCIL RESOLUTION NO. 2004- 38 MAY 1 I, 2004 PAGE 2 OF 4 Pursuant to the evidence received in the light of the whole record presented to staff, the project will not have cumulative impacts on the environment considering the applicable Conditions ofApproval and Mitigation Monitoring Program. 2. The proposed project does not have the potential to cause substantial adverse effects on human beings, either directly or indirectly with mitigation measures. Pursuant to the evidence received in light of the whode record presented to stafj; the project will not result in a significant impact on the environment considering the applicable Conditions ofApproval and Mitigation Monitoring Program. 3. Prior to approving the project, the City Council has considered the proposal and any comments received during the public review process. 'The City Council shall approve and adopt the proposed Mitigated Negative Declaration based on the whole record before it (including the initial study, comments received and Mitigation Monitoring Plan), that there is not substantial evidence the project will have a significant effect on the environment and the Mitigated Negative Declazation reflects the City CounciPs independent judgment and analysis. , ~ 4. The documents and other materials, which constitute the record of proceedings upon which ~ the Planning Commissiods decision to recommend adoption of the Mitigated Negative Declaration to City Council, and the City's Council's decision to uphold the Planning Commission's recommendation, are on file with the City Clerk of the City of Lake Elsinore at 130 South Main Street. Design Review -Commercial Project No. 2003-OS 1. The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. The proposed commercial project located at De,rter Avenue and Crane Street, APN 377-030- 071, complies with the goals and objectives of the General Plan, in that the ap~roval of dhis commercial project will assist in achieving the development of a well-balanced and functiona! mix of residential, commercial, industrial, open space, recreational and institutional land uses as we11 as encouraging commercial land uses to diversify Lake Elsinore's economic base. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions ofthe Municipal Code. CITY COUNCIL RESOLUTION NO. 2004- 38 MAY 11, 2004 PAGE 3 OF 4 The proposed commercial project located at Dexter Avenue and Crane Street, APN 377-030- 071 is appropriate to the site and surrounding developments. The commercial project has been designed in consideration of the size and shape of the property, and will equal or exceed the eristing architectural design of neighboring properties. 3. Subject to the attached Conditions of Approval and Mitigated Monitoring Program, the proposed project is not anticipated to result in any significant adverse environmental impacts. Pursuant Section 15070, Decision to Prepare a Negative or Mitigated Negative Declaration of the California Environmental Quality Act (CEQA), the proposed commercial project located at Dexter Avenue and Crane Street, as reviewed and conditioned by all applicable Ciry Divisions and Departments and Agencies, will not have a signif:cant effect on the environment. 4. Conditions and safeguards pursuant to Section 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of this Section and the zoning district in which the site is located. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed commercial project located at Dexter Avenue and Crane Street, APN 377-030-071, has been recommended for approval by the Planning Commission to the City Council with specific conditions of approval. PUBSUANT TO THE ABOVE FINDINGS this City Council of the City of Lake Elsinore resolves that Mitigated Negative Declaration No. 2003-OS serves as adequate and appropriate environmental documentation for Commercial Project No. C 2003-OS and hereby adopts and approves Mitigated Negative Declaration as complete and adequate and fully complies with the requirements of CEQA, the State CEQA Guidelines, and The City's environmental analysis procedures. PASSED, APPROVED AND ADOPTED this ll`h day of May 2004, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER BUCKLEY NONE ABSTAIN: COLTNCILMEMBERS: NONE ~, ~ APP OVED AS F ara Zeid e bold, City Attorney City of Lake Elsinore CITY COLJNCIL RESOLUTION NO. 2004-38 MAY 11, 2004 STATE OF CALIFOItNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICHI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, CALIFORNIA; DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a Regular Meeting of said Council on the llth of May, 2004, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AB AIN: COUNCILMEMBERS: VIC~:I KAS , CMC, ITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF ffiVERSIDE ) SS: CITY OF LAKE ELSINORE) BUCKLEY NONE NONE I, VICHI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 2004-38 of said Council, and that the same has not been amended or repealed. DAT~: June 2, 2004 < VICHI KASAD, CMC, CITY CLERK/ I~UMAN RESOURCES DIRECTOR CTTY OF LAKE ELSINORE (SEAL)