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Home My WebLink AboutCC Reso No 2010-037RESOLUTION NO. CC-2010-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CERTIFYING 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 their recommendation is for certification; and WHEREAS, public notice of said applications has been given, and the City Council has considered evidence presented by the Community Development CITY COUNCIL RESOLUTION NO. CC-2010-037 PAGE 2 of 5 Department and other interested parties at public hearings held with respect to this item on June 22nd, 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 CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY DETERMINES AS FOLLOWS: FINDINGS OF FACT AND OVERRIDING CONSIDERATION 1. The City Council 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. CITY COUNCIL RESOLUTION NO. CC-2010-037 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 City Council 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. CITY COUNCIL RESOLUTION NO. CC-2010-037 PAGE 4 of 5 8. The City Council considered the information contained in the FEIR prior to certifying the FEIR; and the FEIR reflects the City Council's independent judgment and analysis. In its approval, the City Council 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 City Council 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 City Council of the City of Lake Elsinore, California, this 22nd day of June 2010. Melissa A. Melendez, Mayor City of Lake Elsinore AT/ Al Carol Cowley Interim City Clerk APPROVED AS TO FORM: &aL~2 B ara Leibold City Attorney CITY COUNCIL RESOLUTION NO. CC-2010-037 PAGE 5 of 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, CAROL COWLEY, Interim City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. CC-2010-037 was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 22nd day of June 2010, and that the same was adopted by the following vote: AYES: COUNCIL MEMBERS: BUCKLEY, HICKMAN, MAGEE, MAYOR PRO TEM BHUTTA AND MAYOR MELENDEZ NOES: NONE ABSENT: NONE ABSTAIN: NONE Carol Cowley Interim City Clerk