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Home My WebLink AboutCC Reso No 2004-44RESOLUTION NO. 2004- 44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFOI2NIA, CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT NO. 2004-OS WHEREAS, Frank Coda, Greenberg Farrow Architects, has submitted application(s) for a Tentative Parcel Map No. 31983; Commercial Design Review No(s). 2003-12 and 2004-05; and Conditional Use Permit No(s). 2003-17 and 2004-20 through 2004-23; for the Lake Elsinore Square, whose groject consists of the ultimate development of a 21.2 acre site for the conshuction of 240,148 square feet of retail commercial buildings which includes a Home Depot Home Improvement Warehouse Building and Outdoor Gazden as well as various shops, pads and related improvements, located south-southwest of Interstate 15 (I-15), north-northwest of State Route 74 (SR-74) and east of and contiguous to Collier Avenue within the County of Riverside, City of Lake Elsinore and Assessor Parcel Numbers 377-060-009, 010, 011, and 377-070-004, 005, 006, 007, 008, 011, 012, 019, 020, 021, 022, 023, 024, 025, 026, 027, & 028. WHEREAS, Tentative Parcel Map No. 31983; Commercial Design Review No(s). 2003- 12 and 2004-05; and Conditional Use Permit No(s). 2003-17 and 2004-20 through 2004-23 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 environxnent, or a reasonably foreseeable induect 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. WIIEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on June 15, 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. 2004-87 recommending to the City Council certification of the Final Environmental Impact Report No. 2004-05; 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 July 13, 2004; 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 a Mitigation Monitoring and Reporting Program. WHEREAS, in accordance with Section 15132 of the State CEQA Guidelines, Final Environmental Impact Report No. 2004-05; (Final EIR 200405) consists of: CITY COUNCIL RESOLUTION FOR FINAL ENVIRONMENTAL IMPACT REPORT NO. 2004-OS Page 2 of 4 a. Draft Environmental Impact Report (DEIR) No. 2004-OS with Technical Appendices (Volume 2), prepared in Apri12004; b. Final Environmental Impact Report (FEIR) No. 2004-OS including Additional Analyses, and Response on DEIIt Comments, prepared in July 2004; c. Statement of Fact and Findings for FEIR No. 2004-05; prepared July 2004; d. Statement of Overriding Considerations for FEIR No. 2004-05; prepared July 2004; e. Mitigation Monitoring Program for FEIR No. 2004-05, prepared July 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 EIIZ 2004-OS 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 Councii 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-OS 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 EIIZ 2004-OS has idenrified all significant environmental effects of Tentative Parcel Map No. 31983; Commercial Design Review No(s). 2003-12 and 2004-05; and Conditional Use Permit No(s). 2003-17 and 2004-20 through 2004-23 and adopts findings set forth in Section 21081 of CEQA and Section 15091 of the State CEQA Guidelines with respect to each significant environxnental effect identified in Final EIR 2004- O5, and each altemative considered in Final EIR 2004-05, 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 2004-OS identifies certain significant environmental effects that may occur if Tentative Pazcel Map No. 31983; Commercial Design Review No(s). 2003-12 and 2004-05; and Conditional Use Permit No(s). 2003-17 and 2004-20 through 2004-23, are approved, most significant effects that can feasibly be mirigated 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 2004-05, 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. CITY COUNCIL RESOLUTION FOR FINAL ENVIRONMENTAL IMPACT REPORT NO. 2004-05 Page 3 of 4 5. This City Council finds that the unavoidable significant environmental effects identified in Final EIlZ 2004-05, 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 aze cleazly outweighed by specific economic, legal, social, technological and other project benefits which offset these unavoidable impacts, and which aze set forth in the Statement of Overriding Considerations, and adopts the Statement of Overriding Considerations, which support and justify approval of Tentative Pazcel Map No. 31983; Commercial Design Review No(s). 2003-12 and 2004-05; and Conditional Use Pernut No(s). 2003-17 and 2004-20 through 2004-23 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-OS serves as adequate and appropriate environxnental documentation for Tentative Parcel Map No. 31983; Commercial Design Review No(s). 2003-12 and 2004-05; and Conditional Use Permit No(s). 2003-17 and 2004- 20 through 2004-23 and hereby recommends that the City Council certify Final EIR 2004-OS 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-OS serves as adequate and appropriate environmental documentation for Tentative Parcel Map No. 31983; Commercial Design Review No(s). 2003-12 and 2004-05; and Conditional Use Permit No(s). 2003-17 and 2004-20 through 2004-23 and hereby certifies Final EIR 2004-OS 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 13th day of July 2004, by the following vote: AYES: COIJNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COLTNCILMEMBERS: NONE ABSENT: COLJNCILMEMBERS: ' NONE ABSTAIN: COUNCILMEMBERS: NONE CITY COUNCIL RESOLUTION FOR FINAL ENVIRONMENTAL IMPACT REPORT NO. 2004-OS Page 4 of 4 Thomas~Buc ey, Mayor City of L e Elsinore ATTEST: Vicki Lynne ad, City Clerk City of (SEAL) STATE OF CALIFOIiNIA ) 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 13`h of July, 2004, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: ffiCKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AB AIN: COUNCILMEMBERS: ~1.~- ~~'~""~'°~ VICHI KASAD, CMC, 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. 2004-44 of said Council, and that the same has not been amended or repealed. DA E: August 24, 2004 ~ l~-fJ~x~n' ICHI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL)