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HomeMy WebLinkAboutCC Reso No 1998-03RESOLUTION NO. 98- 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFO1tNIA CERTIFYING THE ADDENDUM TO THE FINAL ENVIl20NMENTAL IlVIPACT REPORT FOR THE EAST LAKE SPECIFIC PLAN - LIBERTY (T`MC COMMUNITIES) The Ciry Council of the City of Lake Elsinore does resolve as follows: WHEREAS, by Ordinance No. 955, dated May 25, 1993, the City Council of the City of Lake Elsinore ("City") adopted the East Lake Specific Plan in accordance with California Government Code Section 65450 et seq.; WHEREAS, the East Lake Specific Plan area consists of approximately 3,000 acres and is generally located at the southwest corner of Malaga Street and Mission Trail; WHEREAS, the East Lake Specific Plan serves as the primazy planning document to guide and regulate development within the East Lake Specific Plan area; WHEREAS, an application for an amendment to the East Lake Specific Plan has been filed with the City by Liberty Founders, LLC, the developer of the East Lake Specific Plan area ("Applicant"); - WHEREAS, the proposed East Lake Specific Plan Amendment One ("SPA No. 1") affects approximately 784 acres in the southwesterly portion of the East Lake Specific Plan Area, and proposes the redistribution and reconfiguration of land uses within the area previously identified as Phase I in the East Lake Specific Plan; WHEREAS, the East Lake Specific Plan area is also referred to as the Liberty Plan azea; WHEREAS, in connection with the adoption of the East Lake Specific Plan in 1993, the City prepared the "Final Environmental Impact Report for the East Lake Specific Pian° ("Final EIR") which analyzed the potential environmental impacts of the East Lake Specific Plan and recommended mitigation measures to reduce significant environmental impacts; WHEREAS, on May 25, 1993, by Resolution No. 93-28, the City Councii certified the Final EIR, and adopted findings pursuant to Section 21081 of the California Environmental Quality Act ("CEQA"), adopted mitigation measures to reduce, where feasible, significant nnpact to less than significant, and determined that certain environmental impacts would remain adverse even with the implementation of mitigation measures and adopted a Statement of Overriding Considerations pursuant to Section 15093 of the CEQA Guidelines; WHEREAS, the City prepared a"Comprehensive Environmental Analysis, East Lake Specific Plan, Proposed Phase 1, " dated November 7, 1997, which evaluated the potential impacts of the East Lake Specific Plan as amended by SPA No. 1 against the impacts of the East Lake Specific Plan as analyzed in the Final EIR, and determined to prepaze an Addendum to the Final EIR because: (1) No substantial changes are proposed by SPA No. 1, which will require major revisions of the Final EIR due to the imolvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) No substantial changes have occurred under which SPA No. 1 will be implemented which requires major revisions of the Final EIR due to the involvement of new -1- significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (3) There is no new information of substantial importance, wluch was not known and could not have been known at the time the Final EIR was certified, that shows that: SPA No. 1 will have one or more significant effects not discussed in the Final EIR; significant effects previously examined will be substautially more severe than shown in the Final EIR; mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, and the Applicant declines to adopt the measure or alternative; or, mitigation measures or alternatives which are considerably different from those analyzed in the Final EIR would substantially reduce one or more significant effects on the environment, and the Applicant declines to adopt the measure or alternative. WHEREAS, on December 18, 1997, the City Council and the City Planning Commission held a duly noticed, joint public workshop on SPA No. 1 to receive input from the public on SPA No. 1; WHEREAS, SPA No. 1 and the Addendum have been made auailable for public review; WHEREAS, on January 21, 1998, the Planning Commission held a duly noticed public hearing to consider SPA No. 1 and the Addendum, and following such public hearing, voted unanimously to recommend that the City Council certify the Final EIR and Addendum for SPA No. 1 as meeting the requirements of CEQA and the CEQA Guidelines, and adopt SPA No. 1; WHEREAS, the City has provided public notice pursuant to Section 65090 of the California Government Code and local ordinance of a heazing before this City Council on SPA No. 1; and WHEREAS, the City Council held a duly noticed public hearing on February 10, 1998, for the purposes of considering the Addendum and SPA No. 1; and WHEREAS, this City Council has considered SPA No. 1 and the Addendum and Final EIR. NOW, THEREFORE, BE IT RESOLVED by the City Council that: 1. The Addendum has been completed in compliance with CEQA, the State and City CEQA Guidelines. 2. The Addendum and Final EIR have been presented to the Planning Commission and the City Council and the Planning Commission and City Council have reviewed and considered the information in the Addendum and Final EIR prior to taking action on SPA No. 1. 3. Together, the Final EIR and Addendum adequately analyze the potential effects of SPA No. 1 in accordance with the requirements of CEQA and the CEQA Guidelines. The Addendum does not raise important new issues about the significant effects on the environment, but clarifies, refines, makes minor modifications and updates the information in the Final EIR as it pertains to SPA No. 1, and makes appropriate minor modifications to the mitigation measures contained in the Final EIR to reflect the revisions to the previously approved East Lake Specific Plan proposed by SPA No. l. 4. The Addendum and Final EIR reflects the independent judgement of the City Council. 5. The City Council hereby certifies the Final EIR and Addendum for SPA No. 1 and re- adopts the "Facts, Findings, and Statement of Overriding Considerations Regarding the -2- Environmental Effects of the East Lake Specific Plan" ("Findings") adopted by the City pursuant to Resolution No. 93-28, as modified by the Addendum, the specific modifications to which are attached to this Resolution as E~chibit "A." PASSED AND ADOPTED by the City Council of the City of Lake Elsinore at a regular meeting held on February 10, 1998, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBER A'T' EST: ~ > ~"3C'KI KASP.D. CITY CLERK APPROVED AS TO FORM AND LEGALITY: BA ARA LEIBOLD, CITY ATTORNEY -3- ALONGI, BRINLEY, KELLEY, METZE, PAPE NONE NONE / ~' , STATE OF CALIFORN7A ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICHI KASAD, CITY CLERK OF THE CiTY OF LAKE ELSINORE, CALIFORNIA, DO HEREBY CERTII'Y that the foregoing Resolution duly adopted by t6e City Council of the City of Lake Elsinore at a Regular Meeting of said Council on the lOth day of February, 1998, and that it was so adopted by the following vote: AYES: COiTNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: CLERK ~I7'I' OF i~?ii~: ELSINORE (aE~1:,) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) NONE NONE NONE I, VICHI KASAD, CTTY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY C~RTIF'Y that the above and foregoing is a full, true and correct copy of Resolution No. 9&3 of said Council, and that the same has not been amended or repealed. DATE: March 9, 1998 ~ ,~~~A~,~/I ~ K~~S ,I:, (;.'. CLERIT ~'~"TY OF y~:'~-~ i:LSINORE (~T..4i,)