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HomeMy WebLinkAboutCC Reso No 2007-004RESOLUTION NO. 2007-04 A RESOLUTION OF CITY COUNCIL OF THE CITY OF LAKE ELSINORE CERTIFYING ENVIRONMENTAL IMPACT REPORT NO. 2006-02 FOR THE CANYON HILLS ESTATES PROJECT WHEREAS, Vicki Mata; Trumark Companies, has filed an application with the City of Lake Elsinore requesting approval of General Plan Amendment No. 2006-04, Specific Plan No. 2006-01, and Tentative Tract Map No. 34249 for the project identified as the Canyon Hills Estates Specific Plan (the "ProjecY'); and WHEREAS, the City of Lake Elsinare (the "City") has caused an Environmental Impact Repart (State Clearinghouse No. 2006051073: the "EIR") to be prepared on the Project pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000, et seq.: "CEQA"), the Guidelines for Implementation of the California Environmental Quality Act (14 California Code of Regulations, Sections 15000, et seq.: the "State CEQA Guidelines"), and the City's procedures relating to environmental evaluation of public and private projects; and WHEREAS, the City transmitted for filing a Notice of Completion of the Draft EIR and thereafter, in accordance with the State CEQA Guidelines, forwarded the Draft EIR to the State Clearinghouse far distn'bution 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 Draft EIR was published in accordance with the provisions of CEQA and the State CEQA Guidelines; and WHEREAS, pursuant to CEQA Guidelines, Section 15082(c)(1), on October 5, 2006 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 EIR; and WHEREAS, the Draft EIR prepared far the Project was sent to the Planning Commission, and the Planning Commission held a public hearing to receive public input on the adequacy of the Draft EIR on January 16, 2007; and CITY COUNCIL RESOLUTION NO. 2007-04 PAGE 2 OF 4 WHEREAS, all actions required to be taken by applicable law related to the preparation, circulation, and review of the Draft EIR have been taken; and WHEREAS, pursuant to public notice duly given, the City Council of the City (the "City Council") held a full and fair public hearing on January 23, 2007, to consider the proposed Project and the EIR, and all interested persons expressing a desire to comment thereon or object thereto have been heard, and the Final EIR and all comments and responses thereto having been considered; and WHEREAS, the Final EIR consists of the Draft EIR, as revised and supplemented to incorporate all comments received during the public review period and the responses of the City thereto; and WHEREAS, all legal prerequisites to the City's adoption of this Resolution have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CTTY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has evaluated all comments, written and oral, received from persons who have reviewed the Draft EIR. SECTION 2. The City Council hereby certifies that the 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 City Council has reviewed and considered the information contained in the Final EIR and finds that the Final EIR represents the independent judgment of the City. SECTION 3. The City 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 Final EIR (including, without limitation, the mitigation measures therein set forth); the following summarizes those conclusions: a. The Initial Study, the Draft EIR, and the Final EIR determined that impacts related to the implementation of the Project would be less than significant without mitigation in the areas of agricultural resources, geology and soils, hydrology and water quality, utilities, public services, land use, mineral resources, population/housing, and recreation. CITY COUNCIL RESOLUTION NO. 2007-04 PAGE 3 OF 4 b. The Final EIR identified potentially significant adverse impacts related to the implementation of the Project, but which will be mitigated to an insignificant level by conditions imposed upon the Project, in the areas of aesthetics, air quality, biological resources, cultural resources, hazards and hazardous materials, and noise. The type of impact for which mitigation was designed and the associated mitigation measures are identified in Section 31 Environmental Analysis of the Final EIR, and are summarized in the Executive Summary of the Final EIR. c. All feasible mitigarion measures, which are within the jurisdiction of the City, as identified in the Final 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. d. The Final EIR did not identify alternatives to the Project which would reduce envirorunental impacts while srill substantially achieving the Project's objectives, and the proposed Project was deternuned to be the environmentally superior alternative. e. The proposed Project and associated discretionary approvals will result in significant unavoidable impacts to short-term (construction-related) air quality associated with localized PMIO and PMZ.Si near-term (2010), and future (2025) traffic. Pursuant to State CEQA Guidelines Section 15093, the City Council has deternuned that the unavoidable adverse impacts that will result from project implementation are acceptable and outweighed by specific social, economic and other benefits of the project. Therefore, a Statement of Overrid'mg Considerations has been prepared and is attached hereto as Exhibit A and incorporated herein. SECTION 4. A mitigation monitoring program for the Project has been prepared in accordance with Section 21081.6 of CEQA, and the City Council adopts the mitigation monitaring program. SECTION 5. The City shall make available the EIR and other related materials which constitute the record of the proceedings upon which its decision is based at the Lake Elsinore City Hall, 130 S. Main Street, Lake Elsinore, California 92530. SECTION 6. Within five days a$er the approval of the Project, the City Clerk shall file a Notice of Determination with the County Clerk of the County of CITY COUNCIL RESOLUTION NO. 2007-04 PAGE 4 OF 4 Riverside pursuant to the provisions of Section 21152 of CEQA and Section 15094 of the State CEQA Guidelines, along with two copies of the Certificate of Fee Exemption as required pursuant to Title 14, California Code of Regulations, Section 753.5(c). SECTION 7. Based upon the above findings, the Staff Report, conditions of approval and documentary and oral testimony presented, the City Council of the City of Lake Elsinore hereby approves Environmental Impact Report No. 2006-02 for the Canyon Hills Estates Project. SECTION 8. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 23rd day of January, 2007, by the following vote: AYES: COUNCILMEMBERS BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS: AT ~ ST: ~ ~ c~ Frederick Ray, CMC, City lerk City Attorney NONE NONE f 7 / ' l~bert Magee, City of Lake E City of Lake Elsinare "EXHIBIT A" STATEMENT OF OVERRIDING CONSIDERATIONS The Califomia Environmental Quality Act (CEQA) requires a public agency to balance the benefits of a proposed project against its unavoidable environmental risks in deternuning whether to approve the project. The Final Environmental Impact Report (EIR) for the Canyon Hills Estates Specific Plan has identified and discussed significant effects that may occur as a result of the Project. With the implementation of the mitigation measures discussed in the EIR, these effects can be mitigated to a level of less than significant except for unavoidable significant impacts as discussed in Section III of the Findings. The City of Lake Elsinore has made a reasonable and good faith effort to eliminate ar substantially mitigate the potential impacts resulting from the Specific Plan. Impacts, in these and all other cases, have been mitigated to the extent considered feasible. All significant adverse impacts are identified in the Final EIR and are addressed in the Findings, which accompany this Statement of Overriding Considerations. The Project will result in the following significant impacts that cannot be mitigated to less than significant levels: 1. Traffic and Circulation Year 2010 Transportation Improvements: The Project will participate in the Transportation Impact Fee (TIF) and Transportation Uniform Mitigation Fee (TUMF) transportation improvement programs; however, the possibility exists that some of the necessary Year 2010 intersection improvements might not be constructed by 2010. As such, a significant impact could remain after Project mitigation (fee payment) and until the improvements are constructed. Year 2025 Transnortation Improvements: The Project will contribute incrementally (from <1% to approximately 63% of total trips) to cumulative level of service deficiencies at five study area intersections in Year 2025. The Project cannot feasibly mitigate its share of those future cumulative impacts because those intersections are not scheduled for improvements under a City or County fair-share fiznding and implementation program. 2. Air Quality Localized Si~nificance Thresholds: Even with the use of all feasible mitigation, the Project will result in short-term (project construction- related) air quality impacts associated with localized PMIO and PM2.5 levels adjacent to residences in the existing Canyon Hills community. Pursuant to State CEQA Guidelines Section 15093, the City must balance the benefits of the Project against any una~oidable environmental impacts in deternuning whether to approve the Project. If the benefits of the Project outweigh the unavoidable adverse environmental impacts, those impacts may be considered "acceptable." The City has determined that the unavoidable adverse impacts that will result from Project implementation are acceptable and outweighed by specific social, economic and other benefits of the Project. In making this determination, the factors and public benefits specified below were considered. The City further finds that except for the Specific Plan, all other alternatives set forth in the EIR are infeasible because they would prohibit the realization of Specific Plan objectives and/or of specific economic, social and other benefits that this City finds outweigh any environmental benefits of the alternatives. Having reduced the adverse significant environmental effects of the Specific Plan to the extent feasible by adopring the proposed mitigation measures; having considered the entire administrative recard on the Specific Plan; and having weighed the benefits of the Specific Plan against its unavoidable adverse impacts after mitigation, the City has determined that the following social, economic, and environmental benefits of the Specific Plan outweigh the potential unavoidable adverse impacts and render those potential adverse environmental impacts acceptable based upon the following overriding considerations: 3. Environmental Benefits of the Project • The Open Space conservation easements will benefit biological resources through preservation of approximately 126 acres of natural hillside and riparian areas in perpetuity and designation of an additiona124 acres of open space. (Final EIR, p. 3.8-17) • The Open Space conservation easements will benefit the City by contributing to the City's overall conservation acreage under the MSHCP program. (Final EIR, p. 3.8-27) • The Project will benefit biological resources and provide quality Riparian/Riverine habitat through the enhancement of Cottonwood Creek and existing riparian oak woodland, including the removal of invasive non-native plant species and revegetation with appropriate native species. (Final EIR, p. 3.8- 35) • The Project will enhance the value of Cottonwood Creek as a wildlife movement corridor extending beyond the Project Site via a 1553-acre open space and park plan. (Final EIR, pp. 2-8 - 2-11, 3.8-35) . The Project will eliminate existing erosion conditions that have compromised the structural facilities and have caused siltation and temparary capacity reductions in the existing debris/detention basin in Tract 30492. (Final EIR, pp. 3.7-19, 3.7-24) . The Project will provide water quality and flood control benefits by reducing and detaining some of the existing storm flows passing through the Project Site, much of which originates from existing and developing residential properties upstream in the study area watershed. (Final EIR, p. 3.7-32) • Through expanded detention/water quality basin design, the Project will negate more than its incremental share of runoff volumes by releasing stormwater from the Project Site at rates that are below the 100-year storm flow capacities of downstream storm drains in the Canyon Hills development. (Final EIR, pp. 3.7-19, 3.7-32) 4. Social Bene~ts of the Project • The Project will improve local traffic circulation and emergency vehicle access to the Project Site and surrounding properties through the proposed road improvements. (Final EIR, p. 2-11, 2-15 - 2-16; 3.9-3) • The Project will remove a potential health risk through demolition and clean up of debris, including possible asbestos- containing materials and lead-based paints. (Final EIR, p. 3.9-7 - 3.9-8) • The Project will provide 302 new high quality housing units that will complement housing stock already in the City. (Final EIR, p. 2-8) • The Project will benefit the community as a whole, by removing the potential for illegal dumping, trespass, and other activities. (Final EIR, p. 3.2-22) • The Project will provide recreational opportunities for City residents and visitars including a 5.4-acre park. (Final EIR, p. 2-8 - 2-11) . The Project will provide an emergency access road that will promote emergency response and accessibility not only for the Project Site, but also far the adjacent residential areas in the County of Riverside to the south, which are currently accessible only by unimproved roads. (Final EIR, p. 3.9-3) • The Project will provide trails and bikeways, including a special modified roadway section with an expanded eight-foot parkway on one side to facilitate a public trail system throughout the project. (Final EIR, p. 2-15) • The Project has prepared a Fire Protection Plan that will reduce wildfire risk in the general vicinity of the Project site. (Final EIR, p. 3.13-7) 5. Economic Benefits of the Project • The Project is expected to be built out by 2010, providing steady conshuction jobs over the construction period. • The Project will contribute fees toward traffic improvements, school facilities, park facilities, fire services, police services, water faciliries, and sewer facilities. • The payment of parkland mitigation fees will benefit the City's park programs. (Final EIR, p. 3.13-13) The City has deternuned that the faregoing benefits provided to the public through approval and implementation of the Specific Plan outweigh the identified significant adverse environmental impacts of the Specific Plan, which cannot be mitigated. The City finds that each of the Specific Plan benefits outweighs the unavoidable adverse environmental effects identified in the EIR and therefore finds those impacts to be acceptable.