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Home My WebLink AboutCC Reso No 2005-035RESOLUTION NO. 2005- 35 A RESOLUTION OF THE CI'I'Y COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT SCH NO. 2004111053, ADOPTING MITIGATION MONITORING AND REPORTING PROGRAM TAERETO AND ADOPTING FINDINGS OF FACT AND OVERRIDING CONSIDERATIONS FOR PROJECT KNOWN AS OAK GROVE CROSSING LOCATED AT ASSESSOR PARCEL NO(s) 377-120-007 & A PORTION OF 008. WHEREAS, Glen Daigle, Daigle Development, LLC., has submitted application(s) for a General Plan Amendment No. 2004-02; Zone Change No. 2004-02; Tentative Parcel Map No. 33056; and Commercial Design Review No. 2004-12 for the Oak Grove Crossing, whose project consists of the ultimate development of a 14.43 site for the construction of 160,960 square feet of retail commercial buildings which includes a Target Store as well as various shops, pads and related improvements, located on the northwest corner of Central and Collier Avenues, west of Interstate 15 (I 15) within the County of Riverside, City of Lake Elsinore and Assessor Parcel Number 377-120-007 and a portion of 377-120-008; and WHEREAS, General Plan Amendment No. 2004-02; Zone Change No. 2004-02; Tentative Parcel Map No. 33056; and Commercial Design Review No. 2004-12 together comprise the "project" as defined by Section 21065 of the Califomia Environmental Quality Act (CEQA), California Public Resources Code § 21000 et seq., which 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. WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on March 1, 2005 made its report upon the desirability of the proposed project and made its recommendations in favor of certifying the proposed Final EIR by adopting Planning Commission Resolution No. 2005-20 recommending to the City Council certification of Final Environmental Impact Report, Findings of Fact and Overriding Considerations and Mirigation Monitoring and Reporting Program (State Clearinghouse No. 2004ll I053); and WHEREAS, public notice of said applications 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; and WHEREAS, Section 21081.6 of CEQA requires that where an EIR 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 a Mitigation Monitoring and Reporting Program. WHEREAS, in accordance with Section 15132 of the State CEQA Guidelines, Final Environmental Impact Report, Findings of Fact and Overriding Considerations and Mitigation Monitoring and Reporting Progam (State Clearinghouse No. 20041 1 1 053) consists of: CITY COUNCIL RESOLUTION FINAL ENVIRONMENTAL IMPACT REPORT PAGE TWO a Draft Environxnental Impact Report (DEIR) SCH No. 20041 1 1 053 with Technical Appendices, prepared in December 2004; b. Final Environmental Impact Report (FEIR) SCH No. 2004111053 including Additional Analyses, and Response on DEIR Comments, prepared in March 2005; c. Statement of Fact and Findings for FEIR SCH No. 20041 1 1 053; prepared March 2005; d Statement of Overriding Considerations for FEIR SCH No. 20o4111053; prepazed March 2005; e. Mitigation Monitoring Program for FEIR SCH No. 2004 1 1 1 053, prepared Mazch Z005. NOW THEREFORE, the City Council of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: 1. The City Council has reviewed and considered Final EIR SCH No. 2004111053 and finds that it is complete, contains all required information, and has been completed in compliance with CEQA; the Draft EIR was presented to the Planning Commission and the Planning Commission reviewed and considered the information contained in the Draft EIR prior to recommending to the City Council certification of the Final EIR; and the Final EIR reflects the Planning Commission's independent judgment and analysis. 2. In compliance with Section 15074 of the CEQA Guidelines, Final EIR SCI~ No. 20041 1 1 053 and the records of the proceedings upon which this decision is based are and will be on file with the City of Lake Elsinore, 130 South Main Street, Lake Elsinore, California 92530. 3. This City Council finds that Final EIR SCH No. 2004111053 has identified all significant environmental effects of General Plan Amendment No. 2004-02; Zone Change No. 2004-02; Tentative Parcel Map No_ 33056; and Commercial Design Review No. 2004-12 and adopts findings set forth in Section 21081 of CEQA and Section 15091 of the State CEQA Guidelines with respect to each significant environmental effect identified in Final EIR SCH No. 20041 1 1 053, and each alternative considered in Final EIR SCH No. 2004ll 1053; and the explanation of its reasoning with respect to each such finding set forth in the document entitled, Statement of Findings and Facts in Support. 4. This City Council finds that although Final EIR SCH No. 2004111053 identifies certain significant environmental effects that may occur if General Plan Amendment No. 2004-02; Zone Change No. 2004-02; Tentative Parcel Map No. 33056; and Commercial Design Review No. 2004-12, are approved, most significant effects that can feasibly be mitigated or avoided have been reduced to an acceptable level by the imposition of project design features, standard conditions or mitigation measures, all of which have been identified and set forth in Final EIR SCH No. 20041 1 1 053, and all of which are hereby specifically adopted by this Planning Commission to mitigate the environmental impacts of the proposed project, except those impacts related to air quality. CITY COUNCIL RESOLUTION FINAL ENVIRONMENTAL IMPACT REPORT PAGE THREE 5. This City Council finds that the unavoidable significant environmental effects identified in Final EIR SCH No. 2004 1 1 1 053, related to air quality have not been reduced to levels of insignificance have been substantially lessened in their severity by the imposition of the mitigation measures, and are clearly outweighed by specific economic, legal, social, technologicai and other project benefits which offset these unavoidable impacts, and which are set forth in the Statement of Overriding Considerations, and adopts the Statement of Overriding Considerations, which support and justify approval of the General Plan Amendment No. 2004-02; Zone Change No. 2004-02; Tentative Parcel Map No. 33056; and Commercial Design Review No. 2004-12 notwithstanding certain unavoidable significant environmental effects which cannot feasibly be substantially mitigated. 6. This City Council finds that the Mitigation Monitoring and Reporting Program establishes a mechanism and procedures for implementing and verifying the implementation of and compliance with the project design features, and mitigation measures pursuant to Public Resources Code Section 21081.6, and adopts the Mitigation Monitoring and Reporting Program. 7. This City Council finds that Final EIR SCH No. 20041 1 1 053 serves as adequate and appropriate environmental documentation for the General Plan Amendment No. 2004-02; Zone Change No. 2004-02; Tentative Parcel Map No. 33056; and Commercial Design Review No. 2004-12 and hereby recommends that the City Council certify Final EIR SCH No. 20041 1 1 053 as complete and adequate, and fully complies with the requirements of CEQA, the State CEQA Guidelines, and the City's environmental analysis procedures. PURSUANT TO THE ABOVE FINDINGS This City Council of the City of Lake Elsinore resolves that Final EIR SCH No. 20041 1 1 05 3 seFVes as adequate and appropriate environmental documentation for General Plan Amendment No. 2004-02; Zone Change No. 2004-02; Tentative Parcel Map No. 33056; and Commercial Design Review No. 2004-12 and hereby certifies Final EIR SCH No. 20041 1 1 05 3 as complete and adeyuate, and fully complies with the requirements of CEQA, the State CEQA Guidelines, and the City's environmental analysis procedures. PASSED, APPROVED AND ADOPTED this 22ND day of March, by the following vote: AYES: COLTNCILMEMBERS: HiCKi~1FlN, KELLEY, MAGEE, SCHIFfNER NOES: COUNCILMEMBERS: NOfdE ABSENT: COIJNCILMEMBERS: BUCKLEY ABSTAIN: COUNCILMEMBERS: NONE CTI'Y COUNCIL RESOLUTION FINAL ENVIRONMENTAL IMPACT REPORT PAGE FOUR ATTEST: ~ ~` Vic•r:i i.ynn~ - sad, City Clerk AS TO City of Lake Attorney City of (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) 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: ffiCKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AB TAIN: COUNCILMEMBERS ~ ~~1 VFCHI If:ASAD, C*~iC, CITY CLERK/ HUMAi~T RESOURCES DIRECTOR CiT~? OF k.AKE ELSINORE (SEAL j STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) NONE BUCKLEY NONE I, VICKI 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. 2005-35 of said Council, and that the same has not been amended or repealed. DF.'T a Apri114, 2005 9 ~ ~`~°~' ~'f~KI ~ASAD, CMC, CITY CLERK/ H73i~'iAN RESOURCES DIRECTOR CITY ~F LAKE ELSINORE (SEAL)