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HomeMy WebLinkAboutCC Reso No 2005-173RESOLUTION N0.2005-173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT, SCH # 2005061033. FOR GENERAL PLAN AMENDMENT NO. 2005-07 AND AMENDMENT NO. 8 TO THE EAST LAKE SPECIFIC PLAN NO. 93-3 WHEREAS, Lumos Communities has submitted applications for General Plan Amendment No. 2005-07 and Amendment No. 8 to the East Lake Specific Plan No. 93-3. The project consists of the development of 396.4+ acres into 1,796 single family residential lots, a five-acre lake, neighborhood parks, a recreational center, and approximately 194.1 acres of natural open space. The project site is located on the southeaster edge of the East Lake Specific Plan, south of Mission Trail, west of Corydon Street, north of Como Street, and east of the proposed John Laing Homes project; and WHEREAS, these applications together comprise the "project" as defined by Section 21065 of the California Environmental Quality Act (CEQA), Cal. Public Resources Code § 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, the Final Supplemental Environmental Impact Report for the project has been prepared to evaluate environmental impacts resulting with the project; 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 and updated a Mitigation Monitoring and Reporting Program; and RESOLUTION N0.2005-173 PAGE 2 of 5 WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on December 6, 2005, considered the project. However, the Commission failed to make its recommendation in favor or against the certification of the Final Supplemental Environmental Impact Report, adoption of the Mitigation Monitoring and Reporting Program thereto, and the Findings of Fact and Statement of Overriding Considerations; 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 public hearings held with respect to this item on December 13, 2005. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the Final Supplemental Environmental Impact Report, the proposed Mitigation Monitoring and Reporting Program thereto, the Findings of Fact and Statement of Overriding Considerations prior to making a decision. Pursuant to Section 15063 of the California Environmental Quality Act (CEQA), it has been determined that: 1. The City Council has reviewed and considered the Final Supplemental EIR for Amendment No. 8 to the East Lake Specific Plan No. 93-3 and General Plan Amendment No. 2005-07 and finds that it is complete, adequate in its evaluation of all environmental 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. 8 to the East Lake Specific Plan No. 93-3 and General Plan Amendment No. 2005-07 will result in significant unavoidable air quality impacts regardless of mitigation measures. A Statement of Overriding Considerations has been prepared in accordance with Section 15093 of the CEQA Guidelines. The RESOLUTION N0.2005-173 Page 3 of 5 Statement of Overriding Considerations "balances" the proposed project against it unavoidable environmental effects. 3. The Final Supplemental 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 Final Supplemental 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 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, construction and post-construction periods. 6. One environmental effect cannot be reduced to less than significant levels by the adoption of feasible mitigation measures or feasible environmentally superior alternatives. Short and long-term impacts to air quality has 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 FSEIR prior to its certification of the FSEIR; and the FSEIR reflects the City Council's independent judgment and analysis. In recommending approval, the Planning Commission 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 Planning Commission hereby determines that benefits of the project outweigh the unmitigated adverse impacts and that the project should be approved. RESOLUTION N0.2005-173 Page 4 of 5 8. The City Council finds that to the extent that the identified significant or potentially significant adverse impact has not been avoided 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 impacts: a. Social (1) To facilitate the orderly and timely completion of the East Lake Specific Plan. (2) To provide housing for the City of Lake Elsinore's growing population consistent with the City's General Plan. (3) To provide a range of housing alternatives. (4) To provide a variety of recreation opportunities in the Back Basin. (5) To provide neighborhood park space. (6) To provide adequate flood storage. b. Economic (1) Construction of the project will generate its fair share of property tax revenues to the City of Lake Elsinore 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 toward traffic improvements, school facilities, park facilities, fire services, police services, water facilities and sewer facilities. (4) The project applicant will either provide affordable housing or 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. Based upon the findings set forth in Section 1, above, the City Council of the City of Lake Elsinore does hereby certify that Final Supplemental Environmental Impact Report SCH # 2005061033 for Amendment No. 8 to the East Lake RESOLUTION N0.2005-173 Page 5 of 5 Specific Plan No. 93-3 and General Plan Amendment No. 2005-07, Exhibits B, C and D, are complete, adequate, and fully complies with the requirements of CEQA, the State CEQA Guidelines, and the City's environmental analysis procedures. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED, the 13~' day of December, 2005 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS AT T: Frederick Ra ,City Clerk City of Lake Elsinore BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE NONE NONE i~obert E. Magee, City of Lake Elsir