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HomeMy WebLinkAboutCC Reso No 2004-62RESOLUTION NO. 2004-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING MIITIGATED NEGATIVE DECLARATION NO. 2004-06 AND THE MITIGATION MONITORING PROGRAM THERETO, FOR ZONE CHANGE NO. 2004-09, AND TENTATIVE TRACT MAP NO. 31792, ON APPROXIMATELY 59.4+ ACRES LOCATED SOUTHEAST OF HIGHWAY 74, NORTHEAST OF INTERSTATE 15, AND EAST OF THE INTERSECTION OF CONARD AVENUE AND THIRD STREET, AND KNOWN AS ASSESSOR'S PARCEL NOS. 347-330-045, -046, -050 THRU - 053; 347-330-019; 347-360-003, -004 AND -005. WHEREAS, an application has been filed with the City of Lake Elsinore by Wasson Canyon Investments, L.P. to change the zoning designation, and to divide approximately 59.4+ acres of unimproved property into 191 residential lots and nine (9) open space lots; and WHEREAS, Zone Change No. 2004-09, Tentative Tract Map No. 31792 and Mitigated Negative Declaration No. 2004-06 Yogether comprise the "projecY' as defined by Section 21065 of the California Environmental Quality Act (CEQA), and the California Public Resources Code Section 21000 et. seq. defines them 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 more public agencies; and WHEREAS, Mitigated Negative Declaration No. 2004-06 has been prepared to evaluate environmentai impacts resulting from the project; and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on September 7, 2004, made its report upon the desirability of the proposed project and made its recommendations in favor of adopting proposed Mitigated Negative Declaration No. 2004-06 by adopting Planning Commission Resolution No. 2004-126 recommending to the City Council adoption of Mitigated Negative Declaration No. 2004- 06; and ~ WHEREAS, public notice of said application 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 28, 2004; RESOLUTION NO. 2004- MITIGATED NEGATIVE DECLARATION NO. 2004-06 SEPTEMBER 28, 2004 PAGE 2 OF 3 NOW THEREFORE, the City Council of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The City Council has considered the proposed Mitigated Negative Declaration prior to making a decision. Pursuant to Section 15063, of the California Environmental Quality Act (CEQA), it has been determined that: 1. Through development of the proposed project, the immediate natural environmental will change from a naturai setting to a suburban one. This change is not necessarily considered a substantial, nor significant degradation to the environment. The project will not substantially reduce the habitat of a fish or witdlife species, nor will it cause a population to drop below self-sustaining levels. The project will not eliminate a plant or animal community, nor reduce the num6er or range of a rare or endangered plant or animal. The site contains no known historical resources. 2. The proposed project has individual impacts that can be mitigated to below the level of significance. The projecYs contribution to cumulative noise impacts are insignificant when considered in light of the contribution to traffic noise resulting from projects within the vicinity. No considerable cumulative impacts will occur as a result of the proposed proj ect. 3. Based upon current knowledge as to the nature of the proposed project, the Initial Study does not identify any potential adverse effects on human beings. SECTION 2. PURSUANT TO THE ABOVE FINDINGS, the City Council of the City of Lake Elsinore DOES HEREBY RESOLVES that Mitigated Negative Declaration No. 2004-06 and the Mitigation Monitoring Program thereto are complete and adequate and provides appropriate envirorunental documentation for the project, and fully complies with the requirements of CEQA, the State CEQA Guidelines, and the City's environmental cleazance procedures ~ RESOLUTION NO. 2004- 62 MITIGATED NEGATIVE DECLARATION NO. 2004-06 SEPTEMBER 28, 2004 PAGE 30F 3 PASSED, APPROVED AND ADOPTED, this 28"' day of September, 2004 by the following vote: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCKLEY ABSTAIN: COLTNCILMEMBERS: NONE (SEAL) City Attomey ` . _. r. ~ STATE OF CALIFORNIA ) 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 28~n of September, 2004, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: HICKMAN, MAGEE, SCHIFFNER, KELLEY NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AIN: COUNCILMEMBERS: CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE. (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) NONE BUCKLEY NONE I, VICHI KASAD, CITY CLERK OF TFIE CITY OF LAKE EISINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 2004-62 of said Council, and that the same has not been amended or repealed. DA E: October 15, 2004 VICHI KAS , C, CI Y CLERK/ I~UMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL)