HomeMy WebLinkAboutCC Reso No 2004-72RESOLUTION NO. 2004= 72
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING
MITIGATED NEGATIVE DECLARATION NO. 2004-09
FOR THE PROJECT KNOWN AS ANNEXATION NO.
71, GENERAL PLAN AMENDMENT NO. 2004-09, ZONE
CHANGE NO. 2004-04 AND VESTING TENTATIVE
TRACT MAP 32503 LOCATED AT APN(s) 349-400-005,
349-430-Oll & 012 AND A PORTION OF 349-430-006.
WHEREAS, an application, authorized by Jack and Betty Luster and Everada Merritt
(Property owners), filed by Dave Mello, Centex Home-Inland Empire has submitted
application(s) far Annexation No. 71, General Plan Amendment No. 2004-09, Zone Change No.
2004-04 and Vesting Tentative Tract Map No. 32503, located southerly of State Highway 74
(SR-74), on the north and south sides of Riverside Street, bordered on the east by the City Limits
and the Ramsgate Specific Plan, Assessor Pazcel Number(s) (APN) 349-400-005, 349-430-Oll
& 012 and a portion of 349-430-006; and
WHEREAS, Annexation No. 71, General Plan Amendment No_ 2004-09, Zone Change
No_ 2004-04 and Vesting Tentative Tract Map No. 32503 together comprise the "project" as
defined by Section 21065 of the California Environmental Quality Act (CEQA), California
Public Resources Code § 21000 et seq., which is defined 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, a Mitigated Negative Declaration for the subject project has been prepared
to evaluate environmental impacts resulring with the project; and
WHEREAS, public notice of said 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 December 14, 2004.
SECTION 1. The City Council has considered the proposed Annexation No. 71,
General Plan Amendment No. 2004-09, Zone Change No. 2004-04 and Vesting Tentative Tract
Map No. 32503. The Ciky Council finds and determines that Mitigated Negative Declaration No.
200409 for the project known as the MerrittJLuster Annexation (Annexation 71) is adequate and
prepared in accordance with the requirements of the California Environmental Quality Act
(CEQA) which analyzes the environmental effects of the "projecY', herein defined, based upon
the following finding and determinations:
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 mirigate the effects to a point where clearly no significant
effects would occur;and
P:~Ivlerritt Luster Annexation\CC RESO MND.doc
CITY COUNCIL RESOLUTION NO. 2004- 7?
MITIGATED NEGATIVE DECLARATION NO. 2004-09
PAGE TWO
The applicant has made revisions to the project or has agreed to specific conditions,
which would avoid the effects or mitigate the effects of the project to a point where no
significant effects would occur.
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 the light of the whole record presented to staff the
project will not have a significant effect on the environment considering the applicable
Conditions ofApproval and Mitigation Monitoring Program.
PURSUANT TO THE ABOVE FINDINGS, IT IS RESOLVED by the City Council
of the City of Lake Elsinore, California, that the City of Lake Elsinore Mitigated Negative
Declaration No. 2004-09 hereof be adopted.
PASSED, APPROVED AND ADOPTED this I4~h day of December 2004, by the
following vote:
AYES: COIJNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, RUCKLEY
NOES: COLJNCILMEMBERS: NoNE
ABSENT: COLTNCILMEMBERS: NorrE
ABSTAIN: COUNCILMEMBERS: NOrrE
EST:
Vicki Lynne sad, City Clerk
Leibold, City Attomey
City
(SEAL)
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 Resolufion duly adopted by
the City Council of the City of Lake Elsinore at a Regular Meeting of said Council on the
14h of December, 2004, and that it was so adopted by the following vote:
AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE,
SCHIFFNER,BUCKLEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
AB~AIN: COUNCILMEMBERS: NONE
VICHI KASAD, CMC, CITY CLERK/
HUMAN RESOURCES DIRECTOR
CITY OF LAKE ELSINORE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAK~ ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
Resolution No. 2004-72 of said Council, and that the same has not been amended or
repealed.
DA . December 22, 2004
~'~-~^-^- v/`~
VICHI KASAD, CMC, CITY CLERK/
HUMAN RESOURCES DIRECTOR
CITY OF LAKE ELSINORE
(SEAL)