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Home My WebLink AboutCC Reso No 2005-032RESOLUTION NO. 2005-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAICE ELSINORE, CALIFORNIA, CERTIFYING THE FINAL SUB5EQUENT ENVIRONMENTAL IMPACT REPORT, SCH # 2004071082, ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM THERETO, AND ADOPTING THE FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS, FOR GENERAI, PLAN AMENDMENT NO. 2004-05, ZONE CHANGE NO. 2004-06, AMENDMENT NO. 1 TO THE TUSCANY HILLS SPECIFIC PLAN NO. 89-3, AND TENTATIVE TRACT MAP NO. 31370 WHEREAS, an application has been filed with the City of Lake Elsinore by Centex Homes to develop the northern portion of the Tuscany Hills Specific Plan on approximately 368.4+ acres of unimproved property into 807 residential lots, community and neighborhood parks, a recreational facility, and approximately 130 acres of open space. The project site is located on the northeastern edge of the City of Lake Elsinore, south of Greenwald Avenue, north of the existing Tuscany Hills community, west of the Canyon Lake community, and east of undeveloped property within the Ramsgate Specific Plan and Bureau of Land Management; and WIIEREAS, General Plan Amendment No. 2004-05, Zone Change No. 2004-06, Amendment No. 1 to the Tuscany Hills Specific Plan No. 89-3, and Tentative Tract Map No. 31370 together comprise the "projecY' as defined by Section 21065 of the Califomia Environmental Quality Act (CEQA), and the California Public Resources Code Section 21000 et. seq. A project is defined as an activity which may cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, and which includes the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies; and WHEREAS, a Subsequent Environmental Impact Report has been prepared to evaluate environmental impacts resulting from the project; and WHEREAS, Section 21081.6 of CEQA requires that where an EIlZ has been prepared for a project for which mitigation measures are adopted, that a mitigation monitoring or reporting program be adopted for said project, and pursuant to Section 21081.6 of CEQA, the City has prepared and updated a Mitigation Monitoring and Reporting Program; WHEREAS, the Planning Commission of the City of Lake Elsinore at a regulaz meeting held on March 1, 2005, made its report upon the desirability of the proposed project and made its recommendations in favor of the project by adopting Planning RESOLUTION NO. 2005- 32 CERTIFICATION OF SEIR, SCH#2004071082 MARCH 22, 2005 PAGE 2 OF 3 Commission Resolution No. 2005-32 recommending to the City Council certification of the Final Subsequent Environmental Impact Report, adoprion of the Mitigation Monitoring and Reporting Program thereto, the Findings of Fact and Statement of Overriding Considerations; and WHEREAS, public norice of said application has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on March 22, 2005; NOW THEREFORE, the City Council of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The City Council has considered the Final Subsequent Environmental Impact Report, the proposed Mitigation Monitoring and Reporting Program thereto, the Findings of Fact and Statement of Overriding Considerations prio.r to making a decision. Pursuant to Section 15063, of the California Environmentai Quality Act (CEQA), it has been determined that: 1. The City Council has reviewed and considered the Final Subsequent EIR for Amendment No. 1 to the Tuscany Hills Specific Plan and associated discretionary approvals and finds that it is complete, adequate in its evaluation of all environxnental effects of the proposal, contains all required information, and has been completed in compliance with CEQA and the City's CEQA requirements. 2. Amendment No. 1 to the Tuscany Hills Specific Plan and associated discretionary approvals wi1T result in significant unavoidable air quality and transportation and traffic impacts regardless of mitigation measures. A Statement of Overriding Considerations has been prepared in accordance with Section 15093 of the CEQA Guidelines. The Statement of Overriding Considerations "balances" the proposed project against its unavoidable environmental effects. 3. The Final Subsequent EIR, which was prepared in accordance with Section 15163 of the State CEQA Guidelines, includes the Draft SEIR, Response to Comments document, Mitigation Monitoring and Reporting Program, Findings of Fact, and Statement of Overriding Considerations. 4. The Subsequent EIR identified several significant environmental effects resulting from implementation of the project. Some of these significant effects can be fully avoided/mitigated through the adoption of feasible mitigation measures. To the extent RESOLUTION NO. 2005- 32 CERTIFICATION OF SEIR, SCH#2004071082 MARCH 1, 2005 PAGE 3 of 5 that these findings conclude that various proposed mitigation measures outlined in the Final SEIR are feasible and have not been modified, superseded, or withdrawn, the City hereby binds itself to implement these measures. These findings are not merely informational, but rather constitute a binding set of obligations that will come into effect when the City Council formally approves the project. 5. The mitigation measures and/or the standard design features and construction measures are referenced in the Conditions of Approval and Mitigation Monitoring and Reporting Program adopted concurrently with these Findings, and will be implemented through the final design, consiruction and post-construction periods. 6. Two environmental effects cannot be reduced to less than significant levels by the adoption of feasible mitigation measures ar feasible environmentally superior alternatives. Short and long-term impacts to air quality and transportation and traffic impacts at one intersection have been identified as unavoidable and significant. The project has the potential to adversely affect humans, either directly or indirectly. 7. The City Council considered the information contained in the FSEIlZ prior to its certification, and the FSEIR reflects the City Council's independent judgxnent and analysis. The City Council has weighed the benefits of the project against the significant adverse impacts identified in the FSEIR that have not been avoided or lessened through mitigation to a level of less than significant. The City Council hereby determines that benefits of the project outweigh the unxnitigated adverse impacts and that the project should be approved. 8. The City Council finds that to the extent that the identified significant or potenrially significant adverse impacts have not been auoided or substantially lessened, there are specific economic, legal, social, technological and other considerations which support approval of the project. The project would provide the following benefits which offset the identified significant short and long-term air quality and intersection impacts: a. Social (1) To facilitate the orderly and timely completion of the northem portion of the Tuscany Hills Specific Plan community. (2) To provide housing for the City of Lake Elsinore's growing population consistent with the City's General Plan. (3) To update the infrastructure facilities plan that serves the Tuscany Hills Specific Plan community. RESOLUTION NO. 2005- 32 CERTIFICATION OF SEIR, SCH#2004071082 MARCA 22, 2005 PAGE 4 of 5 (4) To establish undisturbed natural open space in the form of a 2,000-foot wide wildlife corridor through the center of the Project site that is consistent with the Western Riverside County Multiple Species Habitat Conservation Plan by dedicating 88.1 acres, which will not include manufactured slopes or Fuel Modification Zones, as permanent open space. (5) To respond to California's water shortage by incoxporating a more water efficient landscape design within the undeveloped northern portion of the Tuscany Hills Specific Plan and removing a water intensive iake from the Project's land use plan. (6) Dedicate a 5-acre park with two regulation Little League fields to the City of Lake Elsinore. b. Economic (1) Construction of the project will generate its fair share of property taac revenues to Riverside County annually. Construction of the project will also generate utility user tax revenues to the City and County. (2) The project will be built out by early 2011, providing steady construction jobs over the construction period. (3) The project will contribute fees or in lieu ameniries in accordance with the Development Agreement between Centex and the City recorded December 8, 2003, toward school facilities, park facilities, fire services, police services, water facilities, and sewer facilities. (4) The project applicant will contribute a fee in lieu of providing 15% of the units as affordable housing in accordance with Section 33413(b)(2) of the California Community Redevelopment Law. SECTION 2. PURSUANT TO THE ABOVE FINDINGS, the City Council of the City of Lake Elsinore DOES HEREBY CERTIFY that Final Subsequent Environmental Impact Report SCH #2004071082 and the Mitigation Monitoring and Reporting Program thereto for Amendment No. 1 to the Tuscany Hills Specific Plan and its associated discretionary approvals aze complete and adequate and provides appropriate environmental documentation for the Project, and fully complies with the requirements of CEQA, the State CEQA Guidelines, and the City's environmental clearance procedures. The City Council of the City of Lake Elsinore DOES HEREBY ADOPT the Findings of Fact and Statement of Overriding Considerations prepazed for the Project. RESOLUTION NO. 2005-32 CERTIFICATION OF SEIR, SCH#2004071082 MARCH 22, 2005 PAGE 5 of 5 PASSED, APPROVED AND ADOPTED, this 22`h day of Mazch, 2005 by the following vote: AYES: COLJNCILMEMBERS: HICKhRAN, KELLEY, MAGEE, SCHIFFNER NOES: COUNCILMEMBERS: NONE ABSENT: COLTNCILMEMBERS: gUCKLEY ABSTAIN: COUNCILMEMBERS: NONE / / - Robert E. Magee, Ma City of Lake Elsinore ~:icki Lynne (SEAL) STATE OF CALIFORNIA ) COUNTY OF ffiVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICHI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a Regular Meeting of said Council on the 22"a of March, 2005, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: CLERK/ uLJMAPti RES~URCES DIRECTOR CIT'~' OF LAKE ELSINORE (SEE+„i,j STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE BUCKLEY NONE I, VICHI 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. 2005-32 of said Council, and that the same has not been amended or repealed. DA E: A ri114, 2005 ~~ "~,.CHI I~; A5A1?, ~it~IC, CI Y CLERK/ ;~IdJMAIV" RESCLTRi ES DIRECTOR i;I'3'Y OF LAKE r.LSINORE (SEAL)