HomeMy WebLinkAboutResolution - 2895STATE OF CALIFORNIA) RESOLUTION NO.2895
COUNTY OF RIVERSIDE)ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO ADOPTING ENVIRONMENTAL FINDINGS PURSUANT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT,
ADOPTING A STATEMENT OF OVERRIDING
CONSIDERATIONS, CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT (SCH# 2001111165),
ADOPTING A MITIGATION MONITORING AND REPORTING
PLAN, AND ADOPTING A GENERAL PLAN.
WHEREAS, Section 65300 of the California Government Code
requires every planning agency to "adopt a comprehensive, long-term general
plan for the physical development of the city, and of any land outside its
boundaries which in the planning agency's judgment bears relation to its
planning"; and
WHEREAS, a city's general plan should be reviewed on a timely
basis and amended when necessary to remain current with the needs and goals
of the community; and
WHEREAS, the existing general plan for the City of San Jacinto
("City") was adopted in June of 1986 and was designed to provide "...direction for
the city's growth and development through the year 2005'; and
WHEREAS, the City's General Plan Update is designed "...to guide
the City for the next ten to twenty years" and represents a comprehensive
revision of the current general plan and, in effect, represents an entirely new
document; and
WHEREAS, the City's general plan update has undergone thorough
public review through public workshops, numerous General Plan Committee
reviews and recommendations, as well as staff review and recommendations;
and
WHEREAS, pursuant to section 21067 of the California
Environmental Quality Act ("CEQA") (Pub. Resources Code, § 21000 et seq.),
and section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, §
15000 et seq.), the City Council ("City") is the lead agency for the purposes of
reviewing the potential environmental impacts resulting from implementation of
the General Plan Update ("Project"); and
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WHEREAS, the City prepared an initial study in November 2001, and
determined that because the Project may have potential environmental impacts,
the City would prepare an environmental impact report ("EIR") for the Project;
- and
WHEREAS, the City distributed a Notice of Preparation ("NOP") to
the State Clearinghouse, potential responsible agencies, trustee agencies,
neighboring cities, Riverside County, and other interested persons and entities,
on November 26, 2001, and thereby solicited input regarding the scope and
content of the environmental information in the EIR as well as potential feasible
mitigation measures and alternatives; and
WHEREAS, the City narrowed the issues and alternatives for
analysis in the Draft EIR following receipt of written responses to the NOP; and
WHEREAS, a Draft EIR was completed and released for public
review on January 27, 2006 and the City initiated a 45-day public comment
period, ending on March 13, 2006, by filing a Notice of Completion and
Availability with the State Office of Planning and Research; and
WHEREAS, pursuant to Public Resources Code section 21092, the
City also provided a Notice of Completion and Availability to all organizations and
individuals who had previously requested such notice, and published the Notice
of Completion on or about January 27, 2006 in a newspaper of general
circulation in the Project area; and
WHEREAS, during the 45-day comment period, the City consulted
with and requested comments from all responsible and trustee agencies, other
regulatory agencies and others pursuant to State CEQA Guidelines section
15086; and
WHEREAS, all potentially significant adverse environmental impacts
were sufficiently analyzed in the Draft EIR; and
WHEREAS, during the official public review period for the Draft EIR,
the City received seven written comments, as well as two written comments
following the close of the public review period; and
WHEREAS, pursuant to State CEQA Guidelines section 15088, the
City evaluated those comments and prepared written responses thereto
providing detailed reasons regarding the disposition of all significant
environmental issues raised in the comments; and
i ] WHEREAS, the responses to comments are included in the Final
EIR; and
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WHEREAS, the City prepared the Final EIR and, pursuant to Public
j Resources Code section 21092.5, the City provided copies of the responses to
f all commenting agencies; and
WHEREAS, on February 23, March 9, and March 23, 2006, the
Planning Commission of the City of San Jacinto ("Planning Commission")
conducted duly noticed public hearings on the updated General Plan, at which
time all persons wishing to testify were heard and the General Plan Update was
fully studied; and
WHEREAS, the Planning Commission has unanimously
recommended that the City Council certify the EIR, adopt a Statement of
Overriding Considerations, adopt the Final EIR, and adopt the General Plan
Update, with the changes as recommended by the Planning Commission; and
WHEREAS, the City Council of the City of San Jacinto ("City
Council") has reviewed and considered the information contained in the Draft EIR
and Final EIR; and
WHEREAS, as contained herein and in the CEQA Findings attached
as Exhibit A hereto and the Statement of Overriding Considerations attached as
Exhibit B hereto, the City has endeavored in good faith to set forth the basis for
its decision on the Project; and
WHEREAS, the City satisfied all the requirements of CEQA, and the
State CEQA Guidelines in the preparation of the Draft and Final EIR, which is
sufficiently detailed so that all of the potentially significant environmental effects
of the Project, as well as feasible mitigation measures and alternatives, have
been adequately evaluated; and
WHEREAS, the EIR prepared in connection with the Project
sufficiently analyzes both the feasible mitigation measures necessary to avoid or
substantially lessen the Project's potential environmental impacts and a range of
feasible alternatives capable of eliminating or reducing these effects in
accordance with CEQA and the State CEQA Guidelines; and
WHEREAS, the Mitigation Monitoring and Reporting Plan sets forth
the mitigation measures to which the City shall bind itself in connection with this
Project and is attached hereto as Exhibit C; and
WHEREAS, all of the findings and conclusions made by the City
Council pursuant to this Resolution are based upon substantial evidence in the
entire record before the City Council, and are not based solely on the information
provided in this Resolution; and
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WHEREAS, environmental impacts, including environmental impacts
identified in the Final EIR as potentially significant but that the City finds can be
substantially lessened through the imposition of feasible mitigation measures
identified in the Final EIR, and significant and unavoidable impacts, and
alternatives to the Project that might eliminate or reduce significant
environmental impacts, are set forth in the CEQA Findings attached as Exhibit A
hereto; and
WHEREAS, because the Final EIR identified significant and
unavoidable impacts that will remain despite the implementation of mitigation
measures, the City Council has balanced the economic, legal, social,
technological, and other benefits of the Project against its significant and
unavoidable impacts, and has determined that the benefits of the Project
outweigh the unavoidable adverse impacts, and therefore render those impacts
"acceptable"; and
WHEREAS, the City Council has documented its determination
regarding significant and unavoidable impacts in the Statement of Overriding
Considerations attached hereto as Exhibit B; and
WHEREAS, prior to taking action, the City Council has heard, been
presented with, reviewed and considered all of the information and data in the
administrative record, including the Final EIR, and all oral and written evidence
presented to it during all meetings and hearings; and
WHEREAS, the Final EIR reflects the independent judgment of the
City Council and is deemed adequate for purposes of making decisions on the
merits of the Project; and
WHEREAS, the City has not received any comments or additional
information that constitutes substantial new information requiring recirculation or
additional environmental review under Public Resources Code sections 21166
and 21092.1 and State CEQA Guidelines section 15088.5; and
WHEREAS, on April 20, 2006, the City Council conducted a duly
noticed public hearing on this Resolution, at which time all persons wishing to
testify were heard and the General Plan Update was fully considered; and
WHEREAS, all other legal prerequisites to the adoption of this
Resolution have occurred.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SAN JACINTO:
SECTION 1. Based on the entire record before City Council, all written
and oral evidence presented, and the findings made in this Resolution, the City
Council of the City of San Jacinto hereby certifies the Final Program EIR, adopts
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a Statement of Overriding Considerations, adopts the Mitigation Monitoring and
Reporting Program, and adopts the updated General Plan with the changes as
recommended by the Planning Commission as enumerated in the staff report to
the City Council dated April 20, 2006 and incorporated herein by reference said
changes to be reflected in the final land use map;
SECTION 2. Based on the entire record before the City Council and all
written and oral evidence presented, the City Council finds the updated General
Plan conforms to the requirements of Government Code Section 65300 et s2g.
SECTION 3: Based on the entire record before the City Council and all
written and oral evidence presented, including the staff reports and the
recommendation of the Planning Commission, the City Council finds the General
Plan promotes the goals and objectives of the City of San Jacinto and is a
compatible, integrated, and internally consistent statement of policies for the
following reasons:
A. Pursuant to Government Code, Section 65300, the General
Plan is comprehensive and long term.
B. Pursuant to Government Code, Section 65300.5 and 65302,
the General Plan and its elements and parts comprise an integrated, internally
consistent statement of policies and addresses all issues required by state law.
Further, the data, assumptions and projections are consistent with one another.
Specifically, among other reasons:
1. The General Plan identifies areas that are subject to
flooding.
2. The General Plan shows noise contours for specific
sources.
3. The General Plan contains standards of population
density and building intensity for the various land
uses.
4. The General Plan's mobility element is fiscally
responsible and correlated with the land use element.
5. The General Plan specifies allowable uses in each
land use district.
6. The General Plan provides density ranges that allow
the making of consistency findings.
7. The General Plan housing element complies with
state law.
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C. Pursuant to Government Code, Section 65302, the General
Plan addresses all of the mandatory elements required by law including the Land
�. Use, Housing and Circulation elements and the Open Space, Conservation,
Safety and Noise elements, as well as other optional elements.
SECTION 4: The City Council also finds that the General Plan is in the
public interest because it provides for additional opportunities for the future
growth and development of San Jacinto in an environmentally sensitive manner.
SECTION 5: In considering this General Plan, the City Council has
considered the housing needs of the region and balanced those needs against
the public service needs of the residents and available fiscal and environmental
resources.
SECTION 6: The City Council directs City staff to correct any
administrative errors contained in the updated General Plan text, maps and
tables to ensure the accuracy of the Plan.
SECTION 7. Based on the entire record before the City Council and all
written and oral evidence presented, the City Council finds the updated General
Plan complies with CEQA for the following reasons:
The Program EIR analyzes the environmental effects of implementing the
General Plan over time, and finds that, if the draft general plan is adopted
and development occurs as proposed by this plan, and with
implementation of proposed mitigation measures, the following impacts
will be still be significant and unavoidable: project -level and cumulative
agricultural resources impacts; project -level and cumulative air quality
impacts; project -level and cumulative population and housing impacts;
project -level and cumulative traffic impacts; and growth inducing impacts.
Therefore, the City Council hereby adopts a Statement of Overriding
Considerations, and adopts the Final Program EIR.
SECTIONS. The location and custodian of the documents and any other
material which constitute the record of proceedings upon which the Planning
Commission based its decision is as follows: Planning Director, City of San
Jacinto Planning Department, 248 E. Main Street, San Jacinto, CA 92583. (951)
487-7330.
SECTION 9. Effective Date. This Resolution shall become effective upon
its adoption.
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APPROVED and ADOPTED, this 41h day of May, 2006, by the following
411 vote:
Ayes: Ayres, Ritchie, Shaw, Stubblefield
Nays: Buydos
Abstain: None
Absent: None
City of San Jacinto
OYAIW�Uly
ale Stubblefield, ayor
ATTEST:
C(oroth-y Cho�inard, City Clerk
APPROVED AS TO FORM:
BEST, BEST & KRIEGER LLP
ity Adomey
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