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Home My WebLink AboutPC Reso No 2010-023RESOLUTION NO. PC-2010-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT (SCH#2009031084) FOR THE DIAMOND SPECIFIC PLAN AND RELATED CASES. WHEREAS, applications have been filed with the City of Lake Elsinore by JIC- CP Diamond Development (the "Developer") for General Plan Amendment No. 2009-01, Zone Change No. 2009-01, East Lake Specific Plan Amendment No. 9 and Diamond Specific Plan No. 2009-01 relating to properties located at Assessor's Parcel Nos. 363- 150-001 thru -005, -012, and -034, -035; and 363-162-024, -025, -027, -030, -039, -041, and -044 and -037; 365-280-022; 371-030-035; 373-210-021, -030, -032, -037 thru - 039, -041, thru -043, and -045; ("the Properties"); and. WHEREAS, the Properties are located south of Lakeshore Drive, east of the Inlet Channel, west of Mission Trail and north of the Summerly Homes project (the "Site"); and WHEREAS, these applications together comprise the "project" as defined by Section 21065 of the California Environmental Quality Act (CEQA), Cal. Public Resources Code § 21000 et seq. A project 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, the Environmental Impact Report for the project has been prepared to evaluate environmental impacts resulting with the project; and WHEREAS, Section 21081.6 of CEQA requires that where an EIR 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 CEQA, the City has prepared and updated a Mitigation Monitoring and Reporting Program; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for certifying Environmental Impact Reports; and WHEREAS, public notice of said applications has been given, and the Planning Commission has considered evidence presented by the Community Development PLANNING COMMISSION RESOLUTION NO. PC-2010-23 PAGE 2 of 5 Department and other interested parties at public hearings held with respect to this item on June 1. 2010: and WHEREAS, in accordance with Section 15164 of the State CEQA Guidelines, preparation of the Final Supplemental Environmental Impact Report for the project was selected as the most appropriate document for compliance with CEQA, utilizing criteria set forth therein. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RECOMMEND AS FOLLOWS: FINDINGS OF FACT AND OVERRIDING CONSIDERATION 1. The Planning Commission has reviewed and considered the Final EIR for the Diamond Specific Plan and related cases and finds that it is complete, adequate in its evaluation of all environmental effects of the proposal, contains all required information, and has been completed in compliance with CEQA and the City's CEQA requirements. 2. The Diamond Specific Plan and its related cases will result in significant unavoidable air quality impacts regardless of mitigation measures. A Statement of Overriding Considerations has been prepared in accordance with Section 15093 of the CEQA Guidelines. The Statement of Overriding Considerations "balances" the proposed project against its unavoidable environmental effects. 3. The EIR, which was prepared in accordance with Section 15163 of the State CEQA Guidelines, includes the Draft SEIR, Response to Comments document, Mitigation Monitoring and Reporting Program, Findings of Fact, and Statement of Overriding Considerations. 4. The EIR identified several significant environmental effects resulting from implementation of the project. Some of these significant effects can be fully avoided/mitigated through the adoption of feasible mitigation measures. To the extent that these findings conclude that various proposed mitigation measures outlined in the Final EIR are feasible and have not been modified, superseded, or withdrawn, the City hereby binds itself to implement these measures. These findings are not merely informational, but rather constitute a binding set of obligations that will come into effect when the City Council formally approves the project. 5. The mitigation measures and/or the standard design features and construction measures are referenced in the Conditions of Approval and Mitigation Monitoring and Reporting Program adopted concurrently with these Findings, and will be implemented through the final design, construction and post-construction periods. PLANNING COMMISSION RESOLUTION NO. PC-2010-23 PAGE 3 of 5 6. Two environmental effects cannot be reduced to less than significant levels by the adoption of feasible mitigation measures or feasible environmentally superior alternatives: 1) Implementation of the Project would result in both project-and cumulative-level operational emissions that exceed SCAQMD thresholds. 2) Implementation of the Project would contribute to long-term increases in greenhouse gases (GHGs) as a result of traffic increases (mobile sources) and minor secondary fuel combustion emissions from space heating, etc. Development occurring as a result of the Project would also result in secondary operational increases in GHG emissions as a result of electricity generation to meet project-related increases in energy demand. Short-term GHG emissions will also derive from construction activities. In summary, the Project's GHG contribution to global climate change would be cumulatively significant. 7. In balancing the benefits of the proposed Project against its unavoidable environmental risks, the Planning Commission reviewed the following overriding considerations: Social • The project will create a vibrant mixed use development consistent with the City's development goals for the Ballpark District • The project will provide housing for the City of Lake Elsinore and Inland Empire's growing population. The Diamond Specific Plan offers 600 additional dwelling units above that previously allowed in the East Lake Specific Plan for this area. • The project will provide a variety of housing opportunities, ranging in size and affordability to meet the housing needs of the region and are compatible with the entertainment and activity function of the project area. • The project will provide a variety of public places, including a public space with a direct relationship to the lake, pedestrian friendly facilities, passive areas, and linkages to surrounding citywide trails and open space. • The project will expand the City's shopping entertainment and hospitality opportunities for residents and visitors. Economic • Construction of the proposed project will generate its fair share of property tax revenues to the City of Lake Elsinore annually. • The project will provide commercial and retail activities to generate sales tax. • Construction of the project will also generate transient occupancy tax revenues to the City. • The Project will be built out over several phases, providing steady construction jobs over the construction period. PLANNING COMMISSION RESOLUTION NO. PC-2010-23 PAGE 4 of 5 8. The Planning Commission considered the information contained in the FEIR prior to recommending to the City Council certification of the FEIR; and the FEIR reflects the Planning Commission's independent judgment and analysis. In recommending approval, the Planning Commission has weighed the benefits of the project against the significant adverse impacts identified in the FEIR that have not been avoided or lessened through mitigation to a level of less than significant. The Planning Commission hereby determines that benefits of the project outweigh the unmitigated adverse impacts and that the project should be approved. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Lake Elsinore, California, this 1St day of June 2010. Jim y Flores, Chairman y of Lake Elsinore ATTEST: /b,bert A. Brady y Manager PLANNING COMMISSION RESOLUTION NO. PC-2010-23 PAGE 5 of 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, ROBERT A. BRADY, City Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. PC-2010-23 was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 1st day of June 2010, and that the same was adopted by the following vote: AYES: CHAIRMAN FLORES, COMMISSIONER O'NEAL, COMMISSIONER ZANELLI NOES: NONE ABSENT: COMMISSIONER MENDOZA ABSTAIN: VICE-CHAIRMAN GONZALES ert A. Brady ity Manager