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HomeMy WebLinkAboutCC Reso No 2017-131 ELSP General Plan Amendment No. 2016-01 (CEQA)RESOLUTION NO. 2017-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CERTIFYING THE ENVIRONMENTAL IMPACT REPORT (EIR) (SCH NO. 2016111029) FOR EAST LAKE SPECIFIC PLAN, AMENDMENT NO. 11 (SPA 2016-02), GENERAL PLAN AMENDMENT (GPA) NO. 2016-01, AND ZONE CHANGE (ZC) NO. 2017-03 ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM Whereas, the City of Lake Elsinore (City) initiated East Lake SPA No. 11 (ELSPA 11), and related GPA No. 2016-01 and ZC No. 2017-03, to encourage and promote the "Dream Extreme" character of the area, and accommodate opportunities for a wide variety of recreational sporting venues; and, Whereas, the East Lake Specific Plan (ELSP) is located in the southwest portion of the City, and is accessible from Interstate 15, Highway 74 (Ortega Highway), and major roadways including Diamond Drive, Mission Trail, Bundy Canyon, Lakeshore Drive and Grand Avenue. Its boundaries include Lakeshore Drive and Malaga Road to the north, Mission Trail to the east, and Corydon Road to the south. The western boundary is approximately a quarter mile east of Grand Avenue; and, Whereas, the City prepared an EIR (State Clearinghouse No. 2016111029: the EIR) on the Project pursuant to the CEQA (California Public Resources Code Sections 21000 et seq.), the State Guidelines for implementation of the CEQA (California Code of Regulations, Sections 15000 et seq.: State Guidelines), and the City's procedures for implementing the State 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 EIR on or about November 10, 2016, in accordance with the State Guidelines, 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 State Guidelines, Section 15082(c)(1), on December 1, 2016, the City held a duly noticed scoping meeting in order to facilitate consultation regarding the scope and content of the environmental information in the Draft EIR; and, Whereas, the City transmitted for filing a Notice of Availability/Notice of Completion of a Draft EIR (DEIR) and in accordance with the State Guidelines forwarded the DEIR 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, the State Clearinghouse posted the DEIR for a 45 -day public comment period which ran from April 18, 2017, to June 1, 2017; and, Whereas, notice to all interested persons and agencies inviting comments on the DEIR was published in accordance with the provisions of CEQA and the State Guidelines and the Lake Elsinore Municipal Code (LEMC) and posted at the Office of the County Clerk of Riverside County on April 18, 2017. A total of 17 comment letters and e-mails regarding the DEIR and 10 letters or Reso No. 2017-131 Page 2 of 4 e-mails regarding the ELSPA 11 document were received during the 45 -day public comment period. All comments have been reviewed and considered, and final responses sent to the commenters and included in the Final EIR; and, Whereas, all actions required to be taken by applicable law related to the preparation, circulation, and review of the DEIR have been taken; and, Whereas, the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) for certifying EIR, and, Whereas, the DEIR was sent to the Commission members on or about April 17, 2017, and was considered by the Commission on November 7, 2017 at a duly noticed public hearing and the Commission considered evidence presented by the Community Development Department and other interested parties on the adequacy of the DEIR. The Commission adopted Commission Resolution No. 2017-93 recommending that the Council certify the EIR for the project; and, Whereas, the City has prepared a Final EIR that contains responses to the comments that were received regarding the DEIR; and Whereas, on November 28, 2017, at a duly noticed Public Hearing, the Council has considered the recommendation of the Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1: The foregoing recitals are true and correct and are hereby incorporated into these findings by this reference. Section 2: The Council has considered and evaluated all written and oral staff reports and comments received from persons who have reviewed the DEIR, the comments submitted on the DEIR; the public testimony, and such other matters as are reflected in the record of the Public Hearing on the project and the DEIR. Section 3: The Council finds that the EIR for the project is adequate and has been completed in compliance with CEQA, the State Guidelines, and local procedures adopted by the City pursuant thereto. The Council has reviewed and considered the information contained in the EIR and finds that the EIR represents the independent judgment of the City. Section 4: The Council 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 EIR (including, without limitation, the mitigation measures therein set forth) and in the Environmental Findings and Statement of Overriding Considerations Regarding the EIR for the City ELSPA 11 project (SCH No. 2016111029), attached hereto as Exhibit A. Section 5: A Mitigation Monitoring and Reporting Program (MMRP) for the project has been prepared in accordance with Section 21081.6 of CEQA, and the Council hereby adopts the MMRP, which is attached hereto as Exhibit B. Section 6: The Council finds 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 Reso No. 2017-131 Page 3 of 4 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 (Environmental Findings and Statement of Overriding Considerations) and incorporated herein by this reference. Section 7: Based upon all of the evidence presented and the above findings, the Council certifies the EIR for the Project with Errata and Responses to Comments, the Findings of Fact and Statement of Overriding Considerations, and the MMRP. Section 8: This Resolution shall take effect immediately upon its adoption. Section 9: The City Clerk shall certify the adoption of this Resolution and enter it into the book of original Resolutions. Passed and Adopted on this 28'h day of November 2017, by the following vote Robert E "Bob" Mayor Attest: A 4-,:;Pn—M.. IDo mLe—nMMC City Clerk Reso No. 2017-131 Page 4 of 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2017-131 was adopted by City Council of the City of Lake Elsinore, California, at the Regular meeting of November 28, 2017, and that the same was adopted by the following vote: AYES: Council Members Manos, Hickman, and Tisdale; Mayor Pro -Tem Johnson and Mayor Magee NOES: None ABSENT: None ABSTAIN: None usan . Domen, MMC City Clerk