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HomeMy WebLinkAboutCC Reso No 2011-071 City Council ResoRESOLUTION NO. 2011- 071 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE COMPREHENSIVE UPDATE OF THE GENERAL PLAN. WHEREAS, the City of Lake Elsinore adopted its existing General Plan on November 27, 1990 and has undertaken a comprehensive update of its General Plan in accordance with the requirements of Government Code Section(s) 65300 et seq.; and WHEREAS, a General Plan Advisory Committee (GPAC) was formed, which was comprised of local residents, business owners and developers who provided needed citizen input for the plan formation; and WHEREAS, the GPAC met a total of fourteen (14) times between March 2005 and October 2006 and also participated in the public workshops and Joint City Council/Planning Commission/GPAC study sessions; 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 General Plan Updates. WHEREAS, the Planning Commission conducted a duly noticed public hearing on November 15, 2011, considered and evaluated all written reports and comments and oral testimony presented by the Community Development Department and other City departments, property owners, residents and other interested parties and such other matters as are reflected in the record and unanimously recommended that the City Council adopt the Comprehensive Update to the General Plan; and WHEREAS, notice of a public hearing to be conducted by the City Council on December 13, 2011 to consider the General Plan Update and related Recirculated Draft Program Environmental Impact Report (RDP-EIR) was published and mailed to persons and agencies in accordance with applicable laws; and WHEREAS, on December 13, 2011, the City Council conducted the noticed public hearing to consider the RDP-EIR and General Plan Update and has considered and evaluated all written reports and comments and oral testimony presented by the Community Development Department and other City departments, property owners, residents and other interested parties and such other matters as are reflected in the record. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. On December 13, 2011, after consideration and evaluation of all written reports and comments and oral testimony presented by the Community Development Department and other City departments, property owners, residents and other interested parties, and such other matters as are reflected in the record of the CITY COUNCIL RESOLUTION NO. 2011- 071 PAGE 2OF3 noticed public hearing on the RDP-EIR and proposed General Plan Update, the City Council adopted Resolution No. 2011-070 finding and determining that the Recirculated Program Environmental Impact Report (SCH# 2005121019) is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA); that a 45-day public review period ran from September 7, 2011 to October 21, 2011; that responses to comments received during the public review period were prepared and incorporated into the Final PEIR and that the Final PEIR represents the City's independent judgment. Based upon those findings and determinations, the City Council by Resolution No. 2011-070 certified the Recirculated Program Environmental Impact Report. SECTION 2. That in accordance with State Planning and Zoning Laws and the City of Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of the General Plan Update: 1. The proposed Comprehensive General Plan Update will not be: a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the City, or b) injurious to the neighborhoods or properties within the City. The proposed General Plan Update will promote the health, safety, comfort and general welfare of the City, its residents, businesses and visitors through the goals, policies and implementation programs. Potential detrimental effects of the proposed General Plan Update have been thoroughly analyzed in the Recirculated Program EIR which concluded that implementation of the General Plan Update would result in significant and unavoidable project-level and cumulative impacts related to Air Quality, Noise and Transportation and Circulation. All other potentially significant environmental impacts will be mitigated to below a level of significance. A Statement of Overriding Considerations has been approved in accordance with Section 15093 of the CEQA Guidelines, which "balances" the proposed project against the unavoidable environmental effects. 2. The proposed General Plan Update will permit reasonable and logical development of the City consistent with its constraints. The proposed Land Use Plan will provide flexibility and opportunity in the development of residential, industrial, commercial, open space and recreational uses within the City's corporate boundaries, while anticipating land uses within its Sphere of Influence Areas. In addition, the Recirculated Program Environmental Impact Report analyzed three alternatives and it has been determined that the proposed General Plan Update is the environmentally superior alternative. 3. The proposed General Plan Update would establish land use densities and usage more in character with the City's location, access, and constraints. The General Plan Update establishes neighborhoods or "Districts" (See District Plans section) which will provide an integration and identification of cooperative CITY COUNCIL RESOLUTION NO. 2011- 071 PAGE 3 OF 3 land uses throughout the City of Lake Elsinore. Additionally, the Recirculated Program Environmental Impact Report analyzed three alternatives and analyzed, negotiated and provided a Circulation Plan which will provide safe and efficient circulation throughout the City. 4. The proposed General Plan Update ("Project') will have some significant effects on the environment and a Statement of Overriding Considerations was prepared and approved therefor. The Recirculated Program Environmental Impact Report which was prepared in accordance with Section 15084 (Preparing the Draft EIR) of the State CEQA Guidelines, provides the necessary environmental clearances and analyses for the proposed project. It concluded that implementation of the General Plan Update would result in significant and unavoidable project-level and cumulative impacts related to Air Quality, Noise and Transportation and Circulation. A Statement of Overriding Considerations has been approved in accordance with Section 15093 of the CEQA Guidelines, which "balances" the proposed project against these unavoidable environmental effects. SECTION 3. Based upon all written reports and comments and oral testimony presented by the Community Development Department and other City departments, property owners, residents and other interested parties and such other matters as are reflected in the record, the City Council of the City of Lake Elsinore hereby approves the General Plan Update. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 13th day of December 2011. Brian isdale, yor ATTEST: Virginia loom, ty Clerk AP ROVED A TO F . A14 r rbara Leibold, City Attorney STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Virginia J. Bloom, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2011-071 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 13th day of December 2011, and that the same was adopted by the following vote: AYES: Council Member Melendez, Council Member Hickman, Council Member Weber, Mayor Pro Tern Magee and Mayor Tisdale NOES: None ABSENT: None ABSTAIN: None Virginia BIt1n City Cler