HomeMy WebLinkAboutPC Reso No 2011-36RESOLUTION NO. 2011-36
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF LAKE ELSINORE RECOMMENDING THAT THE CITY
COUNCIL OF THE CITY OF LAKE ELSINORE CERTIFY
RECIRCULATED PROGRAM ENVIRONMENTAL IMPACT
REPORT FOR THE GENERAL PLAN UPDATE, HOUSING
ELEMENT UPDATE, DOWNTOWN MASTER PLAN AND
ANNEXATION NO. 81 (SCH NO. 2005121019)
WHEREAS, the City of Lake Elsinore initiated a comprehensive update of
its General Plan, a Housing Element update, a Downtown Master Plan
(consisting of the Downtown Master Plan, Downtown Code and Key to
Downtown Implementation Plan), a Climate Action Plan and Annexation No. 81
(also referred to as the 3rd Street Annexation) (the "Project "); and
WHEREAS, the City of Lake Elsinore (the "City ") has prepared a Program
Environmental Impact Report (State Clearinghouse No. 2005121019: the "PEIR ")
to be prepared on the Project pursuant to the California Environmental Quality
Act (California Public Resources Code Sections 21000 et seq.: "CEQA "), the
State Guidelines for Implementation of the California Environmental Quality Act
(California Code of Regulations, Sections 15000 et seq.: the "State CEQA
Guidelines "), and the City's Procedures for Implementing the State CEQA
Guidelines and its other procedures relating to environmental evaluation of public
and private projects; and
WHEREAS, the City transmitted for filing a Notice of Preparation of the
Draft PEIR on November 15, 2005 in accordance with the CEQA Guidelines,
forwarded the Draft PEIR to the State Clearinghouse again on December 5, 2005
for distribution to those agencies which have jurisdiction by law with respect to
the Project and to other interested persons and agencies, and sought the
comments of such persons and agencies; and
WHEREAS, pursuant to CEQA Guidelines, Section 15082(c)(1), on
November 30, 2005, the City held a duly noticed scoping meeting in order to
expedite consultation regarding the scope and content of the environmental
information in the Draft PEIR; and
WHEREAS, the City transmitted for filing a Notice of Completion of the
Draft PEIR and thereafter, in accordance with the CEQA Guidelines, forwarded
the Draft PEIR to the State Clearinghouse for distribution to those agencies
which have jurisdiction by law with respect to the Project and to other interested
persons and agencies, and sought the comments of such persons and agencies;
and
PLANNING COMMISSION RESOLUTION NO. 2011 -36
PAGE 2OF5
WHEREAS, notice to all interested persons and agencies inviting
comments on the Draft PEIR was published in accordance with the provisions of
CEQA and the State CEQA Guidelines; and
WHEREAS, the State Clearinghouse posted the Draft PEIR for a 45 -day
public comment period which ran from December 5, 2007 to January 18, 2008;
and
WHEREAS, in 2008, the City began work on a substantive revision of the
Project, which included revisions to the Land Use Element and Land Use Map,
an updated Housing Element, a Downtown Lake Elsinore Master Plan, and a
Climate Action Plan; and
WHEREAS, the combined changes to the General Plan Update made
between 2008 and 2011 triggered the need to update, revise, and where
necessary expand upon the analysis of General Plan Update impacts presented
in the PEIR; and
WHEREAS, due to the combined changes made to the proposed project,
the City determined that it was appropriate to reissue the Notice of Preparation of
a Draft Environmental Impact Report; and
WHEREAS, on or about May 26, 2011, the Notice of Preparation of a
Draft Environmental Impact Report (Reissued) and a revised description of
potential adverse impacts were distributed to the State Clearinghouse,
responsible agencies, and other interested parties; and
WHEREAS, the City transmitted for filing a Notice of Availability /Notice of
Completion of a Recirculated Draft Program Environmental Impact Report
( "RDP -EIR ") and in accordance with the State CEQA Guidelines forwarded the
RDP -EIR to the State Clearinghouse, for distribution to those agencies which
have jurisdiction by law with respect to the Project, and to other interested
persons and agencies, and sought the comments of such persons and agencies;
and
WHEREAS, notice to all interested persons and agencies inviting
comments on the RDP -EIR was published in accordance with the provisions of
CEQA and the State CEQA Guidelines and posted at the Office of the County
Clerk of Riverside County on September 7, 2011; and
WHEREAS, all actions required to be taken by applicable law related to
the preparation, circulation, and review of the Draft PEIR and the RDP -EIR have
been taken; and
WHEREAS, the Draft PEIR prepared for the Project was sent to the
Planning Commission and the Planning Commission held public hearings to
PLANNING COMMISSION RESOLUTION NO. 2011-36
PAGE 3 OF 5
receive public input on the adequacy of the Draft PEIR on April 15, 2008, April
29, 2008, May 6, 2008, May 20, 2008, and September 16, 2008; and
WHEREAS, the RDP -EIR was sent to the Planning Commission and the
Planning Commission held a public hearing to receive public input on the
adequacy of the RDP -EIR on November 15, 2011.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. The Planning Commission has considered and evaluated all
written and oral staff reports and comments received from persons who have
reviewed the RDP -EIR, public testimony and such other matters as are reflected
in the record of the public hearing on the Project and the RDP -EIR.
SECTION 2. The Planning Commission hereby recommends to the City
Council that the Recirculated Program EIR for the Project is adequate and has
been completed in compliance with CEQA, the State CEQA Guidelines, and local
procedures adopted by the City pursuant thereto. The Planning Commission has
reviewed and considered the information contained in the Recirculated Draft
Program EIR and finds that the Recirculated Draft Program EIR represents the
independent judgment of the City.
SECTION 3. The Planning Commission hereby makes, adopts, and
incorporates herein as its "findings of fact' regarding the potential environmental
impacts of the Project, the analysis and conclusions set forth in the Recirculated
Program EIR (including, without limitation, the mitigation measures therein set
forth); the following summarizes those conclusions:
a. The Recirculated Program EIR determined that the Project will
have no potentially significant impacts upon Greenhouse Gas Emissions, Mineral
Resources, Population and Housing and Utilities and Service Systems and as a
result, no mitigation measures beyond the goals, policies and implementation
programs identified in the proposed General Plan Update are required for these
issue areas.
b. The Recirculated Program EIR also determined that the Project will
have potentially significant environmental impacts upon Aesthetics, Biological
Resources, Cultural and Paleontological Resources, Geology and Soils, Hazards
and Hazardous Materials, Hydrology and Water Quality, Land Use & Planning
(including Agricultural Resources), Parks and Recreation and Public Services;
but that these impacts will be mitigated to below a level of significance through
compliance with the goals, policies and implementation programs identified in the
proposed General Plan Update and compliance with the mitigation measures set
forth in the Recirculated Program EIR.
PLANNING COMMISSION RESOLUTION NO. 2011 -36
PAGE 4 OF 5
C. The Recirculated Program EIR also determined that the Project will
have significant and unavoidable project -level and cumulative impacts related to
Air Quality, Noise and Transportation and Circulation, which cannot be mitigated
to below a level of significance.
d. All feasible mitigation measures, which are within the jurisdiction of
the City, as identified in the Recirculated Program EIR have been incorporated
into the Project and represent the fullest extent to which the Project - related
impacts can be reasonably avoided and /or substantially lessened.
e. The Recirculated Program EIR did not identify alternatives to the
Project which would reduce environmental impacts while still substantially
achieving Project objectives, and as such, the proposed Project was determined
to be the environmentally superior alternative.
SECTION 4. A Mitigation Monitoring and Reporting Program ( "MMRP ") for
the Project has been prepared in accordance with Section 21081.6 of CEQA, and
the Planning Commission hereby recommends that the City Council adopt the
MMRP.
SECTION 5. The Planning Commission recommends that the City Council
find that for each of the significant impacts which are subject to a finding under
CEQA Section 21081(a)(3), that each of the social, economic, and environmental
benefits of the Project, independent of the other benefits, outweigh the potential
significant unavoidable adverse impacts and render acceptable each and every
one of the unavoidable adverse environmental impacts. Therefore, a Statement
of Overriding Considerations has been prepared and is attached hereto as
Exhibit A (Findings of Fact) and incorporated herein by this reference.
SECTION 6. Based upon all of the evidence presented and the above
findings, the Planning Commission hereby recommends the City Council of the
City of Lake Elsinore certify the Recirculated Program Environmental Impact
Report for the Project with Errata and Responses to Comments, the Findings of
Fact and Statement of Overriding Considerations, and the Mitigation Monitoring
and Reporting Program.
SECTION 7. This Resolution shall take effect from and after the date of its
passage and adoption.
PLANNING COMMISSION RESOLUTION NO. 2011 -36
PAGE 5OF5
PASSED, APPROVED AND ADOPTED this 15th day of November 2011,
by the following vote:
AYES: CHAIRPERSON JORDAN, VICE CHAIRPERSON O'NEAL,
COMISSIONER GONZALES, COMMISSIONER MORSCH
NOES: COMMISSIONER BLAKE
ABSENT: NONE
ABSTAIN: NONE
Shelly Jorda rperson
City of Lake Elsinore Planning Commission
A ST:
1
Warren Morelion, AICP
Planning Manager