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Home My WebLink AboutCC Reso No 1999-14_\ RESOLUTION NO. 99- 14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CERTIFYING ENVIRONMENTAL IMPACT REPORT NO. 98-2 THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORIVIA, DOES ORDAIN AS FOLLOWS: . WHEREAS, TMC Communities has submitted on behalf of North Peak Partners, LLP, the North Peak Specific Plan Amendment No. 2(Specific Plan Amendment No. 2). The Specific Pian Amendment No. 2 azea consists of i,'779 acres and is within the northeastern portion of the City of Lake Elsinore (City), within the foothills of the Santa Ana Mountains. The project site is generally bounded by Highway 74 on the south, Steele Valley on the north, and Bull Canyon on the west. Steele Peak is located just outside the project site boundary at the northeast corner. I-15 passes approacimately one mile southwest of the project site. WHEREAS, the Specific Plan Amendment No. 2 proposes a maximum of 1,200 total residential units, 23 acres of commercial development, two golf courses, 199 acres of natural open space, and a 782-acre conservation bank. WHEREAS, in connection with the Specific Plan Amendment No. 2, the City is also considering General Plan Amendment No. 98-2 which proposes the amendment of the City's Circulation Element of the General Plan to ensure consistency between the proposed project-related circulation system, including the proposed Nichols Road improvements, the County's General Pian, and the City's Circulation Element. WHEREAS, the City is also considering the "A" Tentative Tract Map No. 28888 which proposes the subdivision of the entire Specific Plan Amendment No. 2 site into lazge lots for financing purposes only. WHEREAS, General Plan Amendment No. 98-2, the Specific Plan Amendment No. 2, and the "A" Tentative Tract Map together comprise the "project" as defined by Section 21065 of the Califomia Environmental Qualiry Act (CEQA), Cal. Public Resources Code § 21000 et seq., which means an activity which may cause either a direct physicai 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. WIIEREAS, pursuant to CEQA, the City prepared Draft Environmental Impact Report No. 98-2, State Clearinghouse No. 97101005, to consider the potential environmental impacts of the North Peak project, and in compliance with CEQA and the State CEQA Guidelines, 14 Cal. Code of Reg. § 15000 et seq., the City published the required notices, circulated Draft Environmentai Impact Report No. 98-2 for public review, and responded to comments received on the Draft Environmental Impact Report No. 98-2. WHEREAS, in accordance with Section 15132 of the State CEQA Guidelines, Final Environmental Impact Report No. 98-2 (Final EIR 98-2) consists of: a. The Draft EIR No. 98-2; b. Comments and recommendations received on the Draft EIR; c. A list of persons, organizations, and public agencies commenting on the Draft EIR; d. The responses of the City to significant environmental points raised in the review and consultation process; and e. Any other information added by the City. WHEREAS, pursuant to Section 21081 of CEQA and Section 15091 of the CEQA Guidelines, the City has prepazed the required findings, together with a statement of facts in support of each finding (Statement of Findings and Facts in Support). 032399-0959 / T382'/1-001 / 101904.1 _1_ \ WHEREAS, pursuant to Section 15093(a) of the CEQA Guidelines, the City is required to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project, and where the decision of the City allows the occunence of significant effects which aze identified in an EIR, but aze not at least substantialiy mitigated, the City must state in writing the reasons to support its actions based on the Final EIR or other information in the record and pursuant to Section 15093 of the CEQA Guidelines, the City has prepazed a Statement of Overriding Considerations; WHEREAS, Section 21081.6 of CEQA requires that where an EIR has been prepazed for a project for which mitigation measures aze 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, on March 3, 1999, the City Planning Commission held a duly noticed public hearing to consider General Plan Amendment No. 98-2, Specific Plan Amendment No. 2, "A" Tentative Tract Map No. 28888, and the Final EIR, and following such public heazing, voted unanimously to recommend that the CiTy Council certify the Fina1 EIR as meeting the requirements of the CEQA and the CEQA Guidelines. WI-IEREAS, the City Council held a duly noticed public hearing on Mazch 23, 1999, for the purposes of certifying the Final EIR, and considering General Plan Amendment No. 98-2, Specific Plan Amendment No. 2, and "A" Tentative Tract Map. NOW, THEREFORE, BE IT.RESOLVED BY THE CITY COUNCIL FOR THE CITY OF LAKE ELSINORE THAT: 1. The City Council has reviewed and considered Final EIR 98-2 and finds that it is compiete, contains all required information, and has been completed in compliance with CEQA; the Final EIR was presented to the City Councii and the City Council reviewed and considered the information contained in the Final EIR prior to approving the project; and the Final EIR reflects the lead agency's independent judgment and analysis. 2. In compliance with Setion 15074 of the CEQA Guidelines, Finai EIR 98-2 and the records of the proceedings upon which tlus decision is based aze 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 98-2 has identified all significant environmental effects of General Plan Amendment No. 98-2, "A" Tentative Tract Map No. 28888, and North Peak Specific Plan Amendment No. 2, and adopts the 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 98-2, and each altemative considered in Final EIR 98-2, 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 98-2 identifies certain significant environmental effects that may occur if General Plan Amendment No. 98-2, North Peak Specific Plan Amendment No. 2, and "A" Tentative Tract Map No. 28888, aze approved, all 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 have been identified and set forth in Fina1 EIR 98-2, and all of which are hereby specifically adopted by this City Council to mitigate the environmental impacts of the proposed project. 5. This City Council finds that the unavoidable significant environxnental effects identified in Final EIR 98-2 that have not been reduced to a level of insignificance have been substantially lessened in their severity by the imposition of the mitigation measures, and aze clearly 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 the General Plan Amendment No. 98-2, "A" Tentative Tract Map No. 28888, and North Peak Specific 032399-0959 / T382']1-001 / 101904.1 _2_ _ _ _ _ _. \ Plan Amendment No. 2 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 nnplementation 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 fmds that Final EIR 98-2 serves as adequate and appropriate environmental documentation for the General Plan Amendment No. 98-2, "A" Tentative Tract Map No. 28888, and North Peak Specific Plan Amendment No. 2 and hereby certifies Fina1 EIR 98-2 as complete and adequate, and fully complies with the requirements of CEQA, the State CEQA Guidelines, and the City's environxnental analysis procedures. PASSED AND ADOPTED by the City Council of the City of Lake Elsinore at a regulaz meeting held on the 23rd day of Mazch, 1999, by the following vote: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: COiJNCILMEMBERS: BRINLEY, METZE, PAPE, SCHIFFNER, KELLEY COLTNCILMEMBERS NONE COUNCILMEMBERS: NONE COLTNCILMEMBERS: NONE ~~ ~ ~~~~~ 'JICKI Iu'~SAD, CITY CLERK AFPr i1 i'i,D AS TO FORM LEGALITY: , ARA LEIBOLD, CITY ATTORNEY 032399-0959 / T3B2'/1-001 / 101904.1 -3- STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICHI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, CALIFORPiIA, 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 23rd day of March, 1999, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBER5: ABSTAIN: COUNCILMEMBERS: ~ ~~'~()`! V~CHI I~ASAD, CITY CLERK ~ITY Ol~ LAKE ELSINORE (S~ti` L) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) BRINLEY, METZE, PAPE SCHIFFNER, KELLEY 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. 99-14 of said Council, and that the same has not been amended or repealed. DATE: March 24, 1999 ~ ~~ ~ VICKI iitASAD, CiTY CLERK K~'ITY OF LAKE ELSINORE (~E ~iL ) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICKI 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 23rd day of March, 1999, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BRINLEY, METZE, PAPE SCHIFFNER, KELLEY NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ~ ~~~ VfLKI KASAD, CITY CLERK CI"i ~ QF I.AI{E ELSINORE (SEALj 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. 99-15 of said Council, and that the same has not been amended or repealed. DATE: March 24,1999 ~~ ~-CX~- (~~'~/~C'i..F/' ~ , ~']KI KP.SAD, CITY CLERK Cl'T'~' ~;1i~ LAKE ELSINORE (SEAL)