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Home My WebLink AboutCC Reso No 2004-28RESOLUTION NO. 2004-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFOI2NIA, CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT NO. 2004-03 WHEREAS, Don Howells, Diamond Development LLC. has submitted application(s) far a General Plan Amendment No. 2004-01; Tentative Pazcel Map No. 32369; Commercial Design Review No. 2003-13; and Conditional Use Permit No(s). 2004-04 through 2004-11 and 2004-17 through 2004-19; for the Lake Elsinore Market Place, whose project consists of the ultimate development of a 50.08 site for the construction of 454,085 square feet of retail commercial buildings which includes a Costco and a Lowe's Building as well as various shops, pads and related improvements, located north-northeast of Interstate 15 (I-15), north-northwest of State Route 74 (SR-74) and east of and contiguous to Dexter Avenue within the County of Riverside, City of Lake Elsinore and Assessor Parcel Number 377-040-027. WHEREAS, General Plan Amendment No. 2004-01; Tentative Pazcel Map No. 32369; Commercial Design Review No. 2003-13; and Conditional Use Permit No(s). 2004-04 tluough 2004-11 and 2004-17 through 2004 together comprise the "project" as defined by Section 21065 of the California 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 Eisinore at a regulaz meeting held on May 18, 2004 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. 2004-67 recommending to the City Council certification of the Final Environmental Impact Report No. 2004-03; 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 May 25, 2004; WHEREAS, Section 21081.6 of CEQA requires that where an EIR has been prepared for a project for which mitigation measures aze adopted, that a mitigation monitoring or reporting program be adopted for said project, and pwsuant 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 No. 2004-03; (Final EIR 2004-03) consists of: a. Draft Environmental Impact Report (DEIR) No. 2004-03 with Technical Appendices (Volume 2), prepazed in March 2004; b. Final Environmental Impact Report (FEIR) No. 2004-03 including Additional Analyses, and Response on DEIR Comments, prepared in May 2004; CITY COUNCIL RESOLUTION NO. 2004-28 PAGE TWO c. Statement of Fact and Findings for FEIR No. 2004-03; prepared May 2004; d. Statement of Overriding Considerations for FEIR No. 2004-03; prepared Januazy 2004; e. Mitigation Monitoring Program for FEIR No. 2004-03, prepared January 2004. 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 2004-03 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 2004-03 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 2004-03 has identified all significant environmental effects of General Plan Amendment No. 2004-01; Tentative Pazcel Map No. 32369; Commercial Design Review No. 2003-13; and Conditional Use Permit No(s). 2004-04 through 2004-11 and 2004-17 through 2004-19 and adopts fmdings 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 2004-03, and each alternative considered in Fina1 EIR 2004-03, and the explanation of its reasoning with respect to each such fmding set forth in the document entitled, Statement of Findings and Facts in Support. 4. This City Council finds that although Final EIR 2004-03 identifies certain significant environmental effects that may occur if General Plan Amendment No. 2004-O1; Tentative Pazcel Map No. 32369; Commercial Design Review No. 2003-13; and Conditional Use Permit No(s). 2004-04 through 2004-11 and 2004-17 through 2004-19, 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, standazd conditions or mitigation measures, all of which haue been identified and set forth in Final EIR 2004-03, and all of which aze hereby specifically adopted by this Planning Commission to mitigate the environmental impacts of the proposed project, except those impacts related to air quality. 5. This City Council finds that the unavoidable significant environmental effects identified in Final EIR 2004-03, 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, technological and CITY COUNCIL RESOLUTION NO. 2004-28 PAGE THREE 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-O1; Tentative Parcel Map No. 32369; Commercial Design Review No. 2003-13; and Conditional Use Permit No(s). 2004-04 through 2004-11 and 2004-17 through 2004-19 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 2004-03 serves as adequate and appropriate environmental documentation for the General Plan Amendment No. 2004-01; Tentative Parcel Map No. 32369; Commercial Design Review No. 2003-13; and Conditional Use Permit No(s). 2004-04 through 2004-11 and 2004-17 through 2004-19 and hereby recommends that the City Council certify Final EIR 2004-03 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 2004-03 serves as adequate and appropriate environmental documentation for General Plan Amendment No. 2004-O1; Tentative Parcel Map No. 32369; Commercial Design Review No. 2003-13; and Conditional Use Permit No(s). 2004-04 through 2004-11 and 2004-17 through 2004-19 and hereby certifies Final EIR 2004-03 as complete and adequate, and fully complies with the requirements of CEQA, the State CEQA Guidelines, and the City's environmental analysis procedures. PASSED, APPROVED AND ADOPTED this 25th day of May 2004, by the following vote: AYES: COLTNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE CITY COUNCIL RESOLUTION NO. 2004-28 PAGEFOUR Th~mas Buc ey, Mayor City of e Elsinore ATTEST: Vicki Lynne sad, City Cler1 APPROVED AS TO B~r6ara Zeid Le~old, Cify Attorney City of Lake Elsmore (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICHI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, CALIFORrTIA, 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 25~h of May, 2004, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER,BUCKLEY NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABS AIN: COUNCILMEMBERS: ~5J 1C{~~~A , C, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) NONE NONE 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. 2004-28 of said Council, and that the same has not been amended or repealed. DA E: June 2, 2004 r ~~~~ C SAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL)