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09-133 RESOLUTION NO. 09-133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE FINDING THAT NO ADDITIONAL ENVIRONMENTAL REVIEW IS REQUIRED FOR APPROVAL OF A DEVELOPMENT AGREEMENT WITH KB HOME COASTAL INC. WHEREAS, KB HOME Coastal Inc. has applied to the City of Menifee for the approval of a development agreement for its Hidden Hills project, which now consists of 511 single- family homes, an improved park containing approximately 5.3 acres, 10 open space/regional trail/paseo lots, 3 storm drain flood control lots and accompanying infrastructure and other improvements (the "Project") on approximately 116.2 gross acres within the City; and WHEREAS, the development agreement provides for dedication of approximately 20 acres of property to the City for public purposes in exchange for certain vested development rights such as a freeze on development fees and zoning changes; WHEREAS, the development agreement does not intensify or otherwise change the Project; WHEREAS, the City is the Lead Agency under the California Environmental Quality Act, Public Resources Code § 21000 et seq. ("CEQA"); and WHEREAS, the approval of the development agreement constitutes a discretionary approval which is part of a "project," as that term is defined in CEQA Guidelines § 15378} and which itself requires review under CEQA; and WHEREAS, on October 26, 2004, prior to the City's incorporation, the Board of Supervisors of Riverside County certified that Environmental Impact Report No. 445, which analyzed the environmental impacts which would result from the development of the Hidden Hills project, had been prepared in full compliance with CEQA(the "EIR"); and WHEREAS;-th-e EIR found that short- and long- term air quality impacts of the Hidden Hills project could not be mitigated into insignificance; and WHEREAS, the Board of Supervisors adopted a statement of overriding considerations in connection with its approval of the Hidden Hills project; and WHEREAS, the Hidden Hills project analyzed in the EIR dealt with a tentative subdivision map which authorized the construction of 523 single-family homes, 12 more single- family homes than are now part of the Project; and WHEREAS, the staff has confirmed to the Planning Commission and to the City Council that staff carefully and independently reviewed the EIR in light of the Project and that there is no need for additional environmental review; and Resolution No. 09-133 KB CEQA Resolution WHEREAS, the Planning Commission conducted a duly noticed public hearing on February 9, 2010, which considered the need for additional environmental review; and WHEREAS, after carefully considering all comments received from the public as well as the information provided by the staff, the Planning Commission adopted its Resolution PC10-35, which recommends to the City Council that the development agreement proceed without further environmental review; and WHEREAS, the City Council as the lead agency has independently reviewed and analyzed the reports required by CEQA; and WHEREAS, on February 16, 2010, the City Council conducted a duly noticed public hearing on the issue of the need for additional environmental review (among other issues regarding approval of the development agreement); NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Menifee, California, that: 1. The Recitals set out above are true and correct. 2. The EIR fully analyzed the environmental impacts of the Hidden Hills project as it was approved in 2004; and 3. The Project will result in fewer environmental impacts than those which would have resulted from the Hidden Hills project analyzed in the EIR; and 4. Based upon the information in the record, and as recommended by the Planning Commission, neither a subsequent nor supplemental EIR is required because the review of the Project, the development agreement and the EIR shows that A. The proposed approval of the development agreement contains no substantial changes in the Hidden Hills project requiring major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; B. No substantial changes have occurred with respect to the circumstances under which the Hidden Hills project is undertaken which will require major revisions of the EIR; C. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence, at the time the EIR was certified; and D. There are no newly feasible, or considerably different, mitigation measures or alternatives which would substantially reduce one or more significant effects of the Hidden Hills project but which the Project proponent declines to adopt. 2 Resolution No. 09-133 KB CEQA Resolution 5. No further environmental review of the Project is required under CEQA and that the environmental impacts which will result from the approval-of the development agreement are sufficiently analyzed by EIR No. 445. 6. The City Council's decision that no additional review is required under CEQA reflects its independent judgment based on its independent review as the lead agency and analysis of the report required by CEQA. PASSED, APPROVED AND ADOPTED this 16th day of February, 2010, by the following vote: AYES: Denver, Kuenzi, Mann NOES: Twyman ABSENT: Edgerton ABSTAIN: None Fred Twyman, Vice Mayor Attest: vfu� Kathy Bennett, City Clerk 3