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HomeMy WebLinkAboutCC Reso No 1993-52RESOLUTION NO. 93-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CERTIFYING ENVIRONMENTAL IMPACT REPORT 92-1 AND ADOPTING THE FACTS, FINDINGS, AND STATEMENT OF OVER- RIDING CONSIDERATIONS AND THE MITIGATION MONITORING PROGRAM REGARDING THE ENVIRONMENTAL EFFECTS OF THE LAGUNA HEIGHTS SPECIFIC PLAN WHEREAS, the Western Company has prepared the Laguna Heights Specific Plan in accordance with Government Code Section 65450 et sea. providing land use entitlements for approximately 1,202 acres of property to include a mix of residential, golf course, and open space uses along with infrastructure and public service improve- ments. The Laguna Heights Project is located in the County of Riverside unincorporated area for the most part and entirely within the City of Lake Elsinore's Sphere of Influence. The project site is proposed to be annexed entirely into the City of Lake Elsinore. The site is located west of Grand Avenue and the Brookstone Development in the county. Due notice of public hearing concerning the Specific Plan has been given and public hearing conducted thereon pursuant to State Planning and Zoning Law and local ordinances; WHEREAS, the draft Environmental Impact Report and Addendum for the Laguna Heights Plan (State Clearing House No. 90020582) ("EIR") has been prepared to address the environmental effects, mitigation measures and project alternatives associated with the proposed Project pursuant to the requirements of the California Environmental Quality Act ("CEQA"); WHEREAS, written and oral comments on the draft EIR were received from the public during and after the public review period; WHEREAS, the Planning Commission conducted a public hearing on June 30, 1993, to receive all public testimony with respect to the draft EIR and Addendum; WHEREAS, comments and testimony concerning the draft EIR have been responded to through the responses to comments, documents and various staff reports submitted to the Planning Commission and received by the City Council; WHEREAS, the Planning Commission reviewed the environmental documentation comprising the draft EIR and Addendum and found that the draft EIR and Addendum considers all environmental effects of the Project described therein and is complete and adequate and fully complies with all requirements of CEQA and the CEQA Guidelines; WHEREAS, the Planning Commission has previously reviewed the EIR and has recommended that the City Council (1) certify that the EIR has been prepared in accordance with the requirements of the CEQA and the CEQA Guidelines and is complete and adequate; and (2) approve the Specific Plan for the Project; WHEREAS, Section 21081 of CEQA and Section 15091 of the CEQA Guidelines require that the City Council make one or more of the following findings prior to the approval of a Project for which an EIR has been completed, identifying one or more significant effects of the Project, along with statements of facts supporting each finding: FINDING 1. - Changes or alterations which mitigate or avoid the significant environmental effects thereof as identified in the EIR have been required or incorporated into the Project; Page 2 Resolution No. 93-52 FINDING 2. - Such changes or alterations may be within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such findings have been adopted by such other agency or can and should be adopted by such other agency; FINDING 3. - Specific, economic, social or other considerations make infeasible all the mitigation measures or Project alternatives identified in the Project. WHEREAS, Section 15093(a) of the CEQA Guidelines requires that the City Council balance the benefit of a proposed Project against its unavoidable adverse impacts in determining whether to approve the Project; WHEREAS, Section 15093(b) requires that where the decision of the City Council allows the occurrences of significant effects which are identified in the EIR but are not mitigated, the City Council must state in writing the reasons to support its action, based on the EIR and other information in the record; WHEREAS, the City Council by this Resolution adopts the Facts, Findings and Statement of Overriding Considerations regarding the environmental effects of the Laguna Heights Specific Plan ("Facts, Findings and Statement of Overriding Considerations") set forth as Attachment "A" and incorporated herein by this reference as required by Section 15091 and 15093 of the CEQA Guidelines; and WHEREAS, the City Council has reviewed the EIR prepared in accordance with the CEQA, and has considered the information contained therein and in the other documents referred to therein. NOW, THEREFORE, BE IT RESOLVED by the City Council that: 1. The City Council hereby specifically finds that all of the facts set forth above are true and correct. 2. The City Council does hereby certify the Final EIR as complete and adequate in that it addresses all of the environmental effects of the proposed Project described herein and fully complies with the requirements of CEQA and the CEQA Guidelines. The Final EIR is composed of the following elements: a) The draft Environmental Impact Report for the Laguna Heights Project dated November 5, 1992. b) Appendices to the draft Environmental Impact Report for the Laguna Heights Project. c) The draft Environmental Impact Report Addendum for the Laguna Heights Project dated June 24, 1993. d) City Staff Reports dated June 30, 1993 and August 10, 1993. e) Minutes of the Planning Commission meeting of June 30, 1993 and minutes of the City Council meeting of September 14, 1993. f) Comments received on the draft EIR and responses to those comments. g) All attachments, incorporations and references delineated in subparagraph (a) through (f) above. All of the above information has, and will be, on file with the City of Lake Elsinore Planning Department at 130 Page 3 Resolution No. 93-52 South Main Street, Lake Elsinore, California 92530 and with the City Clerk. 3. The City Council makes the findings in the Facts, Findings and Statement of Overriding Considerations set forth as Attachment "A" with respect to significant impacts identified in the Final EIR, together with the finding that each fact in support of the findings is true and is based on substantial evidence in the record, including the Final EIR. 4. The City Council finds that the facts set forth in the Facts, Findings and Statement of Overriding Considerations are true and are supported by substantial evidence in the record, including the Final EIR. The Statement of Overriding Considerations is included in the Facts, Findings and Statement of Overriding Considerations attached as Attachment "A". 5. The City Council finds that the Final EIR has identified all significant environmental effects of the Project and that there are no known potential environmental impacts not addressed in the Final EIR. 6. The City Council finds that all significant effects of the Project are set forth in the Facts, Findings and Statement of Overriding Considerations. 7. The City Council finds that although the Final EIR identifies certain significant environmental effects that will result if the Project is approved, all significant effects that can be feasibly mitigated or avoided have been reduced to an acceptable level by the imposition of mitigation measures on the approved Project. Mitigation measures are incorporated into conditions of approval to the Specific Plan. 8. The City Council finds that potential mitigation measures or project alternatives not incorporated into the Project were rejected as infeasible, based upon specific economic, social or other considerations as set forth in the Facts, Findings and Statement of Overriding Considerations set forth on Attachment "A". 9. The City Council finds that the unavoidable significant impacts of the Project as identified in the Facts, Findings and Statement of Overriding Considerations, which have not been reduced to a level of insignificance have been substantially reduced in their impacts by the imposition of mitigation measures on the approved Project. Mitigation measures are incorporated into conditions of approval. 10. The City Council finds that the remaining unavoidable significant impacts are clearly outweighed by the economic, social and other benefits of the Project as set forth in the Statement of Overriding Considerations. 11. The City Council finds that the Final EIR has described all reasonable alternatives to the Project that could feasibly obtain the basic objectives of the Project, even when these alternatives might impede the attainment of Project objectives and might be more costly. Further, the City Council finds that a good faith effort was made to incorporate alternatives in the preparation of the draft EIR and all reasonable alternatives were considered in the review process of the Final EIR and the ultimate decisions on the Project. Page 4 Resolution No. 93-52 12. The City Council finds that the Final EIR has been prepared, submitted and reviewed in accordance with the requirement of CEQA and the CEQA Guidelines, that the Council has considered the information contained in the Final EIR, that the Final EIR is complete and adequate and that it addresses all environmental effects of the Project and all discretionary approvals required therefor. PASSED, APPROVED AND .ADOPTED this 14th day of September 1993, by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN NONE NONE WINKLER ~!'/ y ~rl/V ~- ~ Washburn, Mayor r of Lake Elsinore T: Vicki L City of (SEAL) Kasai, Ci Elsinore APPROVED AS TO FORM AND LEGALITY: Y ~h John R. Harp , City Attorney City of Lak lsinore STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, 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 28th day of September, 1993, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER VICKI E.F>SAD, CITI CLERK CITY OF LAKE ELINORE (SEA7~) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) 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. 93-52 of said Council, and that the same has not been amended or repealed. DATED: September 29, 1993 VICKI K?_SAD, CI rY CLERK CITY OF LAKE EL:iINORE (SEAT_~)