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HomeMy WebLinkAboutCC Reso No 2000-06RESOLUTION NO. 2000-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CERTIFYING ENVIRONMENTAL IMPACT REPORT NO. 98-1. WHEREAS, Lusk Elsinore, Inc. has submitted applications for Annexation No. 69 and Sphere of Influence Amendment, General Plan Amendment No. 98-3, Zone Change No. 98-3, and Tentative Tract Map No. 28751. The project consists of the ultimate development of a 64.52 acre site far construction of 133 residential lots. The project site located outside the eastern boundaries of the City of Lake Elsinore within the unincorporated boundaries of Riverside County. The site is bounded by the City Lake Elsinore to the south and west, adj acent to an area commonly known as Tuscany Hills. The site is also bounded by the City of Canyon Lake to the north and east. WHEREAS, Annexation 69 and Sphere of Influence Amendment, General Plan Amendment No. 98-3, Zone Change No. 98-3, and Tentative Tract Map No. 28751 together comprise the "project" as defined by Section 21065 of the California Environmental Quality Act (CEQA), Cal. 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 chauge 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 mare public agencies. WHEREAS, the Planning Commission of the City of Lake Elsinare at a regular meeting held on January 19, 2000 made its report upon the desirability of the proposed project and made its recommendations in favor of certifying the proposed EIR by adopting Planning Commission Resolution No. 00-01 recommending to the City Council certification of Environmental Impact Report No. 98-1; 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 February 8, 2000; WHEREAS, Section 21081.6 of CEQA requires that where an EIR has been prepared for a project far 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 Environxnental Impact Report No. 98-1 (Final EIR 98-1) consists of: a. Draft Environmental Impact Report (DEIR) No. 98-1 with Technical Appendices (A-J), prepared in June 1999; b. Final Environmental Impact Report (FEIR) No. 98-1 including Additional Analyses, and Response on DEIR Comments, prepared in January 2000; c. Statement of Fact and Findings for FEIR No. 98-1, prepared January 2000; d. Statement of Overriding Considerations for FEIR No. 98-1, prepued January 2000; e. Mitigation Monitoring Program far FEIR No. 98-1, prepared January 2000. 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 98-1 and finds that it is complete, contains all required information, and has been completed in compliance with CEQA; the Final EIR was presented to the Planning Commission and the Planning Commission reviewed and considered the information contained in the Final 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. CITY COUNCIL RESOLUTION NO. 2000-6 PAGE TWO 2. In compliance with Section 15074 of the CEQA Guidelines, Final EIR 98-1 and the recards 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 Elsinare, California 92530. 3. This City Council finds that Final EIR 98-1 has identified all significant environmental effects of Annexation 69 and Sphere of Influence Amendment, General Plan Amendment No. 98-3, Zone Change No. 98-3, and Tentative Tract Map No. 28751 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 98-1, and each alternative considered in Final EIR 98-1, 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 98-1 identifies certain significant environmental effects that may occur if Annexation 69 and Sphere of Influence Amendment, General Plan Amendment No. 98-3, Zone Change No. 98-3, and Tentative Tract Map No. 28751, 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 98-1, 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 traffic, air quality, and noise. 5. This City Council finds that the unavoidable significant environmental effects identified in Final EIR 98-1, related to traffic, air quality, and noise, that 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 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 Annexation 69 and Sphere of Influence Amendment, General Plan Amendment No. 98-3, Zone Change No. 98- 3, and Tentative Tract Map No. 28751 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 far implementing and verifying the implementation of and compliance with the project design features, and mitigation measures pwsuant to Public Resources Code Section 21081.6, and adopts the Mitigation Monitoring and Reporting Program. 7. This City Council finds that Final EIR 98-1 serves as adequate and appropriate environmental documentation for the Annexation 69 and Sphere of Influence Amendment, General Plan Amendment No. 98-3, Zone Change No. 98-3, and Tentative Tract Map No. 28751and hereby recommends that the City Council certify Final EIR 98-1 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 98-1 serves as adequate and appropriate environmental documentation for Annexation No. 69 and Sphere of Influence Amendment, General Plan Amendment No. 98-3, Zone Change No. 98-3, and Tentative Tract Map No. 28751 and hereby certifies Final EIR 98-1 as complete and adequate, and fully complies with the requirements of CEQA, the State CEQA Guidelines, and the City's environmental analysis procedures. CITY COUNCIL RESOLUTION NO. 2000-6 PAGE THREE PASSED, APPROVED AND ADO following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: PTED this 8th day of February 2000, by the KELLEY, PAPE, SCHIFFNER, BRINLEY NONE METZE ~LONE ,__ ~---~_, , _._.., . of Lake Elsinore ATTEST: ~~ ~ Vicki Lynne asad, City Clerk APPROVED AS TO B'~rbaza Zeid~ibold,-City Attorney City of Lake sinore (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 8`n day of February, 2000, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BRINLEY, PAPE, SCHIFFNER, KELLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: METZE ABSTAIN: COUNCILMEMBERS: NONE ~ ~(~f%v'Tr-~" VICHI KASAD, CITY CLERK ' CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) 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. 2000-6 of said Council, and that the same has not been amended or repealed. DATE: February 23, 2000 ~ ~~ ~~ VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL)