18-692 RESOLUTION NO. 18-692 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA ADOPTING AN INIITIAL STUDY/MITIGATED NEGATIVE DECLARATION FOR TENTATIVE TRACT MAP NO. 2015-250, PLOT PLAN NO. 2015-251, AND CHANGE OF ZONE NO. 2015-252 FOR THE DEVELOPMENT OF 126 TOWNHOME UNITS LOCATED AT THE SOUTHEAST CORNER OF MCLAUGHLIN ROAD AND BARNETT ROAD Whereas, on November 13, 2015, the applicant, McLaughlin Apartments, LLC, filed a formal application with the City of Menifee for the approval of a Tentative Tract Map, Plot Plan and Change of Zone application for the development of a 126 dwelling unit townhouse project (the "Project"), located at the southeast corner of McLaughlin Road and Barnett Road, and immediately west of Interstate 215 (1-215); and Whereas, pursuant to the requirements of the California Environmental Quality Act (CEQA), an Initial Study/Mitigated Negative Declaration ("IS/MND") was prepared to analyze and mitigate the project's potentially significant environmental impacts; and Whereas, between February 23, 2018 and March 28, 2018, the public review period for the Draft IS/MND took effect, which was publicly noticed by a publication in a newspaper of general circulation, notice to owners within 300 feet of the Project site boundaries and to a development directly south of the property, and notice to related agencies and government agencies; and Whereas, on March 14, 2018, the Planning Commission of the City of Menifee held a duly noticed public hearing on the Project, considered all public testimony, and continued the project to March 28, 2018 in order for staff to re-notice and extend the public review period for the Draft IS/MND due to a noticing error; and, Whereas, during the public review period, comments on the Draft IS/MND were received from the South Coast Air Quality Management District (SCAQMD) which required a "substantial revision" to the Draft IS/MND, pursuant to Article 6, Section 15073.5 of the CEQA Guidelines; and Whereas, on March 28, 2018, the Planning Commission of the City of Menifee held a duly noticed public hearing on the Project, considered all public testimony and continued the hearing date off calendar so that staff could revise the Draft IS/MND, re- notice and recirculate the IS/MND; and Whereas, between April 5, 2018 and April 25, 2018, the public review period for the Revised and Recirculated Draft IS/MND took effect, which was publicly noticed by a publication in a newspaper of general circulation, notice to owners within 300 feet of the Project site boundaries and to a development directly south of the property, and notice to related agencies and government agencies; and Whereas, on April 25, 2018, the Planning Commission of the City of Menifee held a duly noticed public hearing on the Project, considered all public testimony, and continued the project to May 9, 2018 at the request of the applicant, in order for the entire Planning Commission to be present; and, Whereas, on May 9, 2018, the Planning Commission of the City of Menifee held a duly noticed public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for the IS/MND, which IS/MND for TR 2015-250, PP 2015-251, and CZ 2015-252 June 20, 2018 hearing was publicly noticed by a publication in The Press Enterprise (a newspaper of general circulation), an agenda posting, and notice to property owners within 300 feet of the Project boundaries, and to persons requesting public notice; and Whereas, at the May 9, 2018 Planning Commission public hearing, based upon the materials in the staff report and accompanying documents, public comment, and Planning Commission discussion, the City of Menifee Planning Commission unanimously recommended that the City Council approve the IS/MND; and, Whereas, on June 20, 2018, the City Council of the City of Menifee held a duly noticed public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for the IS/MND, which hearing was publicly noticed by a publication in The Press Enterprise (a newspaper of general circulation), an agenda posting, and notice to property owners within 300 feet of the Project boundaries, and to persons requesting public notice; and Whereas, the City has complied with CEQA and the IS/MND is an accurate and objective statement that fully complies with CEQA, the CEQA Guidelines and represents the independent judgment of the City; and Whereas, no evidence of new significant impacts, as defined by CEQA Guidelines Section 15088.5, have been received by the City after circulation of the Revised and Recirculated Draft IS/MND which would require additional re-circulation. NOW, THEREFORE, the City Council of the City of Menifee hereby resolves as follows: Section 1: The City Council finds on the basis of the evidence presented and the whole record before it, including the IS/MND, and any comments received, that there is no substantial evidence that the project, as mitigated, will have a significant effect on the environment. Section 2: The City Council finds that the Mitigation Monitoring Plan ("MMP"), which is incorporated into the project's Conditions of Approval, and a copy of which is attached hereto as Exhibit I" and incorporated herein by reference, will assure compliance with the mitigation measures identified in the IS/MND during project implementation. Section 3: The City Council further finds that the adoption of the IS/MND reflects the City Council's independent judgment and analysis. Section 4: The IS/MND, all documents referenced in the IS/MND, and the record of proceedings on which the City Council's adoption is based are located at City of Menifee City Hall at 29714 Haun Road, Menifee, CA 92586 and the custodian of record of proceedings is the City of Menifee City Clerk. Section 5: The City Council herby adopts an IS/MND for the project including, but not limited to the Mitigation and Monitoring Plan, as attached to the IS/MND. IS/MND for TR 2015-250, PP 2015-251, and CZ 2015-252 June 20, 2018 PASSED, APPROVED AND ADOPTED this the 20th day of June, 2018, c ".'I �//)''601 Lesa A. bek, Mayor Pro Tem Attest: r paa4 ZI ra A. Manwari jg, City Clerk Approved as to form: Jeff T.'M elching, City Attorney O�Top. ENIFE • `� f Sk- /. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) I, Sarah A. Manwaring, City Clerk of the City of Menifee, do hereby certify that the foregoing Resolution No. 18-692 was duly adopted by the City Council of the City of Menifee at a meeting thereof held on the 201h day of June, 2018 by the following vote: Ayes: August, Denver, Liesemeyer, Sobek Noes: None Absent: None Abstain: None Sar h A. Manwaring, City Clerk