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Home My WebLink AboutCC Reso No 1989-73RESOLUTION NO. 89-73 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAI~E ELSINORE CERTIFYING ENVIRONMENTAL DOCUMENTS FOR THE TUSCANY HILLS DEVELOPMENT WHEREAS, the City Council of the City of Lake Elsinore (the "City") has previously certified an environmental impact -- report No. SCH 79082906 (the "EIR") with respect to the Tuscany Hills Development (the "Project"); and WI3EREAS, Homestead Land Development Corporation (the "Developer"), as developer of the Project, subsequently entered into consultation with the United States Fish and Wildlife Service regarding a Conservation Plan for Stephens' Kangaroo ltat habitat, to be implemented by a Conservation Agreement among the City, the Developer, and the United States Fish and Wildlife Service (the "Conservation Agreement") and an Agreement and Declaration of Covenants, Conditions and Restrictions on Use ("Declaration of Covenants"); and WHEREAS, the City has caused an Addendum (the "Addendum") to the EIR to be prepared which addresses the technical changes to the Project associated with the execution, - delivery and performance of the Conservation Agreement and Declaration of Covenants, and which addresses the technical changes to the Project associated with the conversion of the Project from a mixed single- and multi-family development to a single-family development; and WHEREAS, the Planning Commission has previously reviewed the EIR.and the Addendum and has recommended that the City Council (1) certify that the Addendum has been prepared in accordance with the requirements of the California Environmental Quality Act and the City's CEQA guidelines; <2) approve the Specific Plan for the Project, <3) approve the Conservation Agreement and the Declaration of Covenants and (4) approve amendments to the 1980 Development Agreement for the Project; and WHEREAS, the City Council has reviewed the EIR and the Addendum, each prepared in accordance with the California Environmental Quality Act, and has considered the information contained therein and in the other documents referred to therein; and WHEREAS, the City Council will contemporaneously approve a specific plan, an amended and restated development agreement, the Declaration of Covenants and the Conservation Agreement related to the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council that: 1. The City Council hereby certifies that the Addendum has been prepared in accordance with the requirements of the California Environmental Qvality Act and the City's CEQA Guidelines, and that the EIR and the Addendum are complete and adequate in that they address all environmental effects of the Project and all discretionary approvals requir,ed therefor. .~., . PASSED, APPROVED AND ADOPTF.D this 26th day of December, 1989, upon the following vote: AYES: COUNCIL~EMBERS NOES: COUNCILP4EMBERS ABSENT: COUNCILMEP4BERS ABSTAIN: COUNCILME~I6ERS BUCK, DOPIINGUEZ, STARKEY, WASHBURN, WINKLER NONE NONE NOP ATTEST: ~ ~ ~_ VICKI LYNN KASAD, CITY LERK CITY OF LAK ELSINORE APPFO~ED AS TO FOf2D1 & LEGALITY: > CITY OF LAKE ELSINORE FINAL ENVIRONMENTAL IMPACT REPORT SCH #79082906, AS AMENDED (SPECIFIC PLAN , AMENDED AND RESTATED DEVELOPMENT AGREEMENT AND CONSERVATION AGREEMENT FOR TUSCANY HILLS DEVELOPMENT PROJECT) STATEMENT OF OVERRIDING CONSIDERATIONS Upon review of the Final EIR SCH #79082906, as amended, the City Council has identified certain unavoidable adverse significant envixonmental effects of appxoving the . Specific Plan, the Amended and Restated 1980 Development Agreement, the Declaration of Covenants and the Conservation Agreement for the Tuscany Hills Development Project ("the Project"). Sections 15093 and 15183 of the CEQA Guidelines and the City's CEQA Guidelines require the City to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether the Project should be approved. If the decision-maker concludes that the benefits of the project outweigh the unavoidable adverse environmental effects, the effects may be considered acceptable. The City Council has identified four separate unavoidable adverse envixonmental impacts. These are: (1) Topoeranhv - The Project will alter the topography of the Project site. Grading of home - sites will level some of the ridge and hilltop areas within the Project site, and many smaller canyons Wiii be filled. (2) Seismic Impacts - The Project site is approximately one-half mile (at its closest) from the Elsinore Fault Zone, and is relatively proximate to the Glen ivy Fault, the Willard Fault and the Wildemare Fault. Additionally, the Project site is approximately 20 miles from the San Jacinto Fault and approximately 30 miles from the San Andreas Fault. The study performed by GeoSoils, Inc. indicates that the Project site may be subject to an earthquake of magnitude 6.0 or greater during the next 50 years. Earthquakes of such magnitude could cause damage to -- residential units. (3) Air ,ualitX - The City and the Project site are within a region which is a non-attainment area for ozone and particulate matter (PM-10). The Project (and other proposed developments) will adversely impact both local and regional air quality during the construction phase and during ~'T the lifetime of the completed Project. Construction activities will generate on-site fumes and odors from construction machinery, as well as exposing a large area of bare earth to wind which may result in the generation of significant amounts of dust. These construction impacts may be expected during all phases of construction, but will be short-term impacts in nature. Long-term impacts and cumulative impacts will result from vehicular traffic associated with the Project (and other proposed developments), oft-site electricity pxoduction, and on-site consumption of natural gas and other sources such as fireplaces. (4) Biological Environment. The site contains various types of habitats having some biological value: coastal-inland and coastal sage scrub; Tiparian woodlands; and brushy slopes and Bosanko clay exposures. Within the sage scrub habitat, the presence of the Stephens' Kangaroo Rat (a federal endangered species) has been identified. Riparian habitat exists along.some drainage areas (San Jacinto River tributories). Development of the Project will result in the removal of roughly 2/3rds of the existing coastal sage scrub habitat from the Project site. As this habitat is - removed during construction phases, associated on-site wildlife (including the Stephens' Kangaroo Rat) will decline as individuals are either destroyed or displaced to adjacent habitat areas. Displaced individuals will crowd and disrupt adjacent local populations temrorarily until competition and predation retuxn populations to habitat carrying capacity levels. Wide ranging mammals and birds of prey Wiii no longer be able to use the Project site for foraging activities. Certain sensitive avian species, including the golden eagle, the white-tailed kite, the red shouldered hawk, osprey and the California black-tailed gnatcatcher, may frequent certain areas of the Project site. Further, development of the -- Project will constitute an incremental loss in vegetation and wildlife resources which, when considered with other development projects scheduled or contemplated for development within the City of Lake Elsinore area, contribute to a cumulative loss of biological resources from the area. Z. % '~ Each of these effects is lessened by the mitigation measures suggested in the EIR, as amended, which measures will be required and incorporated into the Project. Here, the City Council of Lake Elsinore does find that the benefits flowing to the City and its residents from the Project outweigh the significant adverse environmental effects which remain after the Project's mitigation measures are implemented and that the aforementioned, unavoidable significant effects are acceptable, based on the following overridinQ considerations: (1) The Project will result in the provision of an additional 2,000 units of housing in the Lake Elsinore area, which Wiii help to partially satisfy the large demand for hovsing units in th~s area, and will further advance the City's housing goals contained in its General Plan. (2) The development of the Project under the Specific Plan DistTict designation within the City limits will allow the City of Lake Elsinore to control the development of an additional 2,000 residential units within the City limits and within its sphere of influence. <3) Development of the Project, in accordance with the terms of the Conservation Plan and the Conservation Agreement, will result in the provision of significant amounts of higher quality acreage of Stephen's Kangaroo Rat habitat. This additional acreage will be superior to the quality of the habitat which will be destroyed as a result of the development of the Project, and will enhance the long-term survivability of the Stephen's Kangaroo Rat. (!+) Development of the Project will result in additional tax revenues for the City. 3. i STATE OF CALIFORNIA ) ` COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) i ~ I, Vicki Lynne Kasad, City C1erk of the City of Lake Elsinore, - DO HEREBY CERTIFY that the foregoing Resolution<duly adapted by the City Council of the City of Lake Elsinore at'a regular meeting of said Council on the 26th day of December, 1989, and that it j was so adopted by the following vote: ~ AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY ! WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ~ ABSENT: COUNCILMEMBERS: NONE ' ABSTAIN: COUNCILMEMBERS: NONE ' i ' ~~ ~~+-~lY VICKI LYNN KASAD, CITY CLERK ~ CITY G~E I»A EI,SINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-73 of said Council, and that the same has not been amended or repealed. AATED: I~ecember 27, 1989 _~ ~. ~ , 1 IC I ~~ AS~ D vC~PY CLERK CITY OF E ELSINORE (SEAL)