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HomeMy WebLinkAboutCC Reso No 1999-16__ _ _ . .__ __ _. _ RESOLUTION NO. 99- 16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING "A" TENTATIVE TRACT MAP NO. 28888-TMC COMMi7NITIES WI-IEREAS, the North Peak Specific Plan Amendment No. 2(Specific Plan Amendment No. 2) azea consists of 1,779 acres and is within the northeastern portion of the City of Lake Elsinore, 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 Buil Canyon on the west. Steele Peak is located just outside the project site boundary at the northeast corner. I-15 passes approximately 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, two golf courses, 199 acres of natural open space, and a 782-acre conservation bank. WHEREAS, General Plan Amendment No. 98-2 amends the City's Circulation Element of the General Plan to ensure consistency between the proposed project-related Nichols Road improvements, the County's General Plan, and the City's Circulation Element. WHEREAS "A" Tentative Tract Map No. 28888 subdivides the entire Specific Plan Amendment No. 2 site into large lots for financial purposes only. WHEREAS, on March 3, 1999, the City Planning Commission held a duly noticed public heazing to consider General Plan Amendment No. 98-2, "A° Tentative Tract Map No. 28888, and Environmental Impact Report No. 98-2 ("Final EIR") for General Plan Amendment No. 98-2 and "A" Tentative Tract Map No. 28888, and following such public hearing, voted unanimously to recommend that the City Council: (1) certify the Final EIR as meeting the requirements of the Califomia Environmental Quality Act ("CEQA") and the state CEQA Guidelines, and (2) approve General Plan Amendment No. 98-2 and "A" Tentative Tract Map No. 28888; WIIEREAS, the City Council held a duly noticed public hearing on Mazch 23, 1999, for the purposes of certifying the Final EIR, and considering "A° Tentative Tract Map No. 288888; WHEREAS, pursuant to CEQA and the state CEQA Guidelines, the Final EIR has been prepazed, certified and considered by the City Council and has been found to adequately address the potential environmental impacts of "A" Tentative Tract Map No. 28888. The City Council has considered the information contained in the Final EIR prior to approval of Amendment No. 98-2 and "A" Tentative Tract Map No. 28888;. and the Final EIR represents the fmal independent judgement of the City Council. The City Council has adopted Resolution No. 9~- certifying the Final EIR; WI~REAS, the establishment and implementation of "A" Tentative Tract Map No. 28888 as submitted, under current circumstances, will not be detrnnental to the health, safety, comfort or general welfaze of the persons residing in the area of Specific Plan Amendment No. 2; and WHEREAS, the conditions of approval nnposed on the project will be incorporated into "A" Tentative Tract Map No. 28888 to ensure that the issues identified by the Planning Commission and ; CiTy Council have been resolved. 032399-0911 / T382']1-001 / 101915.2 _ __ _ __ _ _ _ _ _ _ _ ~ RESOLUTION NO. 99-16 PAGE2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COITNCIL FOR THE CITY OF LAKE ELSINORE THAT: SECTION 1. The City Council finds and determines, based upon substantial evidence provided in the record before it: A. Draft EIR No. 98-2, Mitigation Monitoring Program, Response to Comments document, Findings and Fact docuxnent, and Statement of Overriding Considerations have been prepared, submitted and reviewed in accordance with requirements of the CEQA, the CEQA Guidelines and the City's CEQA requirements, and aze complete and adequate in their evaluation of all environmental effects of Specific Plan Amendment No. 2, General Plan Amendment No. 98-2, and "A° Tentative Tract Map No. 28888. Specific Plan Amendment No. 2 will result in unavoidable impacts relating to construction- related air pollution, traffic-generated air pollution, and cumulative air pollution and noise generated by fuiure City-wide tr~c. A Statement of Overriding Considerations was prepazed to set forth the projecYs benefits which offset these unavoidable impacts. The City can approve Specific Plan Amendment No. 2 even though Specific Plan Amendment No. 2 will cause significant effects on the environment, as described in Sections 15043 and 15093 of the CEQA Guidelines and Sections 21002 and 21081 of the California Public Resources Code. B. "A" Tentative Tract Map No. 28888 will not significantly degrade the quality of the environment, substantiaily reduce fish habitat or wildlife species, cause fish or wildlife population to drop, threaten plant or animal communities, reduce or restrict the range of raze or endangered plant or animal species, eliminate important cultural resources, or significandy affect or be affected by land use, energy resources, agriculture, seismicity, water quality, and traffic. C. "A" Tentative Tract Map No. 28888, together with the provisions for its design and improvement, is consistent with the General Plan and the North Peak Specific Plan, as amended. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan and the North Peak Specific Plan, as amended (Government Code Section 66473.5). D. Effects that "A" Tentative Tract Map No. 28888 is likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. E. Design of "A" Tentative Tract Map No. 28888 will provide to the greatest extent possible, for fuhxre passive or natural heating or cooling opportunities in the subdivision. (Governmental Code Section 66412.3). F. None of the conditions set forth in Government Code Section 66477, which would require disapproval of the map, eacist. G. The discharge of waste from the proposed subdivision will not result in a violation of existing requirements prescribed by the California regional water quality control boazd pursuant to Division 7 of the Water Code. SECTION 2. Based on foregoing findings, the City Council hereby approves "A" Tentative Tract Map No. 28888 subject to the conditions attached hereto as Exhibit 1. 032399-0911 / T38271-001 / 101915.2 . _ _ __ _ _ ~ RESOLUTION NO. 99-16 PAGE3 SECTION 3. The City Cierk shall certify to the adoption of this Resolution and shall cause any notice provided for under CEQA Section 21152 and Section 15074 of the CEQA Guidelines to be filed in accordance with the requirements of those Sections. SECTION 4. The effective rlate of this Resolution shail be the date of its adoption. PASSED AND ADOPTED by the City Council of the Ciry of Lake Elsinore at a regulaz meeting held on the 23rd day of March, 1999, by the following vote: AYES: COLTNCILMEMBERS: BRINLEY, METZE, PAPE, SCHIFFNER, KELLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE ie Kelley, MAY A'Y3'~~T: n n ~ ~ I ~e, iJI^KI KASAD, CITY CLERK APPROVED AS TO FORM AN LEGALITY: ARA LE OLD, CITY ATTORNEY 032399-0911 / T38271-001 / 101915.2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICHI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DO I3EREBY 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: / , ~J~~ vIf'HI ~CASAyD, CITY CLERK Ci1'~'-0F Y.A~:E ELSINORE (SEAF:) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) NONE NONE NONE I, VICKI 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. 99-16 of said Council, and that the same has not been amended or repealed. DATE: March 24,1999 ~ ~.,C~-ae'~ ~7L~F:I KASAl), CITY CLERK C;TY O~' LAK~ EI,SINORE (S~"+•AL)