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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 Page 1 of 7 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 Page 2 of 7 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 Page 3 of 7 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 Page 4 of 7 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. Page 5 of 7 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. Page 6 of 7 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 Page 7 of 7