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Home My WebLink AboutCC Reso No 2004-50RESOLUTION NO. 2004-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CERTIFYING SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR EAST LAKE SPECIFIC PLAN AMENDMENT NO. 6 AND ASSOCIATED APPLICATIONS WHEREAS, Laing - CP Lake Elsinore LLC (Laing) has submitted applications for the East Lake Specific Plan Amendment No. 6, General Plan Amendment No. 2003-04, Tentative Tract Map No. 31920, and the Amended Development Agreement for East Lake Specific Plan Amendment No. 6. The approximate 707-acre East Lake Specific Plan Amendment No. 6 area is located within the central portion of the East Lake area and is generally bounded by Malaga Road to the north, Mission Trail Road on the east, and future Bundy Canyon Road on the south; WHEREAS, the East Lake Specific Plan Amendment No. 6, General Plan Amendment No. 2003-04, Tentative Tract Map No. 31920, and Amended Development Agreement for East Lake Specific Plan Amendment No. 6 together comprise the "project" as defined by Section 21065 of the California Environmental Quality Act (CEQA), Cal. Public Resources Code Section 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 environxnent and which includes the issuance to a person of a lease; pernut, license, certificate, or other entitlement for use by one or more public agencies; WHEREAS, the Supplemental Environmental Impact Report for East Lake Specific Plan Amendment No. 6 has been prepazed to evaluate environmental impacts resulting with the project. WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on April 6, 2004 made its report upon the desirability of the proposed project and made its recommendations in favor of certifying the Supplemental Environxnental Impact Report by adopting Planning Commission Resolution No. 2004-35 recommending to the City Council approval of Supplemental Environmental Impact Report for East Lake Specific Plan Amendment No. 6 and Associated Applications; and WIIEREAS, the City Council of the City of Lake Elsinare convened at a regular meeting held on Apri127, 2004. Public testimony was received and discussed. The matter was defened to a City Council Study Session on June 10, 2004. Public testimony was teceived and discussed. The City Council held a duly noticed public heazing on July 27, 2004, for the purposes of considering the East Lake Specific Plan No. 6; 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 2?, 2004; and NOW THEREFORE, the City Council of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: RESOLUTION NO. 2004-50 PAGE2 SECTION 1. Findinss. The City Council makes the following findings: 1. The Supplemental EIR has been prepared, submitted and reviewed in accordance with requirements of the California Environmental Quality Act and the City's CEQA requirements, and is complete and adequate in its evaluation of all environmental effects of the East Lake Specific Plan Amendment No. 6 and associated discretionary approvals. The East Lake Specific Plan Amendment No. 6 and associated discretionary approvals will result in significant unavoidable air quality and noise impacts regazdless of the adoption of feasible mitigation measures. A Statement of Overriding Considerations has been prepazed in accordance with Section 15093 of the CEQA Guidelines. This Statement of Overriding Considerations "balances" the proposed project against its unavoidable environmental effects. The Supplemental EIR, which was prepazed in accordance with Section 15163 of the State CEQA Guidelines, includes the Drafr EIR, Response to Comments document, Mitigation Monitorit~g Program, Statement of Findings and Facts, and Statement of Overriding Considerations. The Supplemental EIR concluded that unavoidable adverse impacts related to air quality and noise will result with the proposed project regazdless of implementation of those mitigation measures approved with the original 1993 Final East Lake EIR and those mitigation measures contained in the Supplemental EIR. The Statement of Overriding Considerations has been prepared in accordance with Section 15093 of the CEQA Guidelines. This Statement of Overriding Considerations "balances" the proposed project against its unavoidable environmental effects. 2. The proposed applications will result in significant unavoidable cumulative air quality and noise impacts, regardless of mitigation measures. A Statement of Overriding Considerations has been prepared in accordance with Section 15093 of the CEQA Guidelines. This Statement of Oveniding Considerations "balances" the proposed project against its unavoidable environmental effects. The Supplemental EIR concludes that air quality and noise impacts resulting with the proposed applications will be significant and unavoidable, regazdless of the adoption of feasible mitigation measures. The prepared Statement of Overriding Considerations "balances" the proposed project against its unavoidable environmental effects. 3. The proposed applications may result in a signification efFect on the environment, either directly or indirectly, as a result of significant unavoidable air quality and noise impacts, regardless of mitigation measures. A Statement of Overriding Considerations has been prepared in accordance with Section 15093 of the CEQA Guidelines. This Statement of Overriding Considerations "balances" the proposed project against its unavoidable environmental effects. 2 RESOLUT[ON NO. 2004-50 PAGE3 The Supplemental EIR concludes that air quality and noise impacts resulting with the proposed applications will be significant and unavoidable, regardless of the adoption of feasible mitigation measures. These impacts may result in a signification effect on the environment. The prepared Statement of Overriding Considerations "balances" the proposed project against its unavoidable environxnental effects. 4. The City Council finds the Supplemental Environmental Impact Report for East Lake Specific Plan Amendment No. 6 to be 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 Supplemental EIR, which was prepared in accordance with Section 15163 ofthe State CEQA Guidelines, includes the Draft EIR, Response to Comments document, Mitigation Monitoring Program, Statement of Findings and Facts, and Statement of Overriding Considerations. The Supplemental EIR concluded that unavoidable adverse impacts related to air quality and noise will result with the proposed project regazdless of implementation of those mitigation measures approved with the original 1993 Final East Lake EIR and those mitigation measures contained in the Supplemental EIR. The Statement of Oveniding Considerations has been prepared in accordance with Section 15093 of the CEQA Guidelines. This Statement of Overriding Considerations "balances" the proposed project against its unavoidable environmental effects. 5. In accardance with Section 15091 of the CEQA Guidelines, the Statement of Findings included within the Supplemental EIR makes written findings for each significant environment effect associated with the proposed applications. 6. The City Council finds that all significant effects on the environment associated with the approval of the proposed applications have been eliminated or substantially lessened where feasible and that the remaining air quality and noise impacts found to be unavoidable, aze acceptable due to overriding concerns. 7. The City Council finds that the Supplemental EIR reflects the City's independent judgment and analysis. SECTION 2. Certification of Suoulemental EIR. Pursuant to the above findings, the City Council of the City of Lake Elsinore resolves that the Supplemental Environmental Impact Report serves as adequate and appropriate environmental documentation for the East Lake Specific Plan Amendment No. 6, General Plan Amendment No. 2003-04, Tentative Tract Map No. 31920, and Amended Development Agreement and hereby certifies the Supplemental Environmental Impact Report as complete and adequate, and fully complies with the requirements of CEQA, the State CEQA Guidelines, and the City's environmental analysis procedures. 3 RESOLUTION NO. 2004-50 PAGE4 PASSED, APPROVED AND ADOPTED this 27~' day of July, 2004, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS KELLEY, MAGEE, SCHIFFNER HICKMAN, BUCKLEY NONE NONE Thomas Buckley, Mayor City of Lake Elsinore A TEST: Vicki Kasad, City Clerk (SEAL) 4 STATE OF CALIFORNIA ) i', COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICHI KASAD, CITY CLERK OF TFIE 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 2~rn of July, 2004, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: KELLEY, MAGEE, NOES: COUNCILMEMBERS: HICKMAN, BUCKLEY ABSENT: COUNCILMEMBERS: NONE AIN: COUNCILMEMBERS: NONE ~~~,Q,p~,/~-,~,~.o'r^ VICKIKASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF ffiVERSIDE ) SS: CITY OF LAKE ELSINORE) 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. 2004-50 of said Council, and that the same has not been amended or repealed. D TE: August 24, 2004 ~ ~~ °~l VICHI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL)