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PC15-194Resolution No. 15-194 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA ADOPTING AN ADDENDUM TO ENVIRONMENTAL IMPACT REPORT NO. 264 FOR THE MENIFEE UNION SCHOOL DISTRICT — DISTRICT EDUCATION CENTER Whereas, on June 13, 2014, the applicant, WLC Architects, Inc., filed a formal application with the City of Menifee for a Plot Plan for the construction and operation of a two-story 44,932-square-foot (first floor: 30,790 sq. ft.; second floor: 14,143 sq. ft.) concrete tilt -up office building for the Menifee Union School District to serve as the District Education Center, including parking lot, landscaping and irrigation on 6.1 acres and bounded to the south and west by New Hub Drive and to the north and east by Haun Road (APNs 336-380-033 through 336-380-040) within the City of Menifee; and Whereas, pursuant to the requirements of the California Environmental Quality Act (CEQA) an Addendum to a previously certified Environmental Impact Report has been prepared to analyze the project's potentially significant environmental impacts; and Whereas, none of the conditions described in Section 15162 of the CEQA Guidelines calling for preparation of a Subsequent EIR or negative declaration have occurred; and Whereas, pursuant to the requirements of the California Environmental Quality Act (CEQA) an Addendum need not be circulated for public review; and Whereas, the City has complied with CEQA and the Addendum is an accurate and objective statement that fully complies with CEQA, the CEQA Guidelines and represents the independent judgment of the City; and Whereas, on January 14, 2015, the Planning Commission of the City of Menifee held a public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for Plot Plan No. 2014-146, 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, on January 14, 2015, the Planning Commission opened the public hearing and continued the public hearing for Plot Plan No. 2014-146 to January 28, 2015; and Whereas, on January 28, 2015, the Planning Commission held the continued hearing on Plot Plan No. 2014-146, which hearing was not required to be re -noticed, because the project was continued to a date certain (i.e., January 28, 2015) at the January 14, 2015 hearing, considered all public testimony as well as all materials in the staff report and accompanying Addendum to Environment Impact Report No. 264; and Whereas, on January 28, 2015, the City of Menifee Planning Commission made the following Findings for the Addendum to Environmental Impact Report No. 264 for Plot Plan No. 2014-146: 1. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. Resolution No PC 15-194 Addendum to EIR 264 for PP 2014-146 January 28, 2015 The environmental impacts associated with development of the project site were addressed in the previously certified Environmental Impact Report (EIR 264) for Specific Plan No. 248. The proposed Plot Plan No. 2014-146 would not result in any new significant impacts and would not increase the severity of the previously identified significant impacts. Thus, the proposed Plot Plan does not constitute "substantial changes" that would require "major revisions" to the EIR due to new or increased impacts (refer to Section 15162)[a][1]). Additionally, the "circumstances under which the project" would be undertaken are not substantially different than described in the EIR (refer to Section 15162[a][2]). Further, the proposed Plot Plan does not represent new information of substantial importance" that would result in new or greater impacts not discussed in the EIR. For these reasons, a Subsequent EA to address this new information is not required. Section 15164 of the CEQA Statute and Guidelines provides the authority for preparing an Addendum to a previously certified EIR. Specifically, Section 15164 states the following: a) The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. b) An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred. c) An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration. d) The decision making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project. e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence. Because the proposed Plot Plan does not meet the conditions described in Section 15162 of the CEQA Statute and Guidelines, the City determined that an addendum to the previously certified EIR is the appropriate documentation to address the proposed Plot Plan. The environmental analysis presented in the Addendum to the EIR demonstrates that the proposed Plot Plan will not create new or greater significant environmental impacts than those identified in the previously certified EIR. NOW, THEREFORE, the Planning Commission of the City of Menifee resolves as follows: 1. The Planning Commission finds on the basis of the evidence presented and the whole record before it, including the Addendum to Environmental Impact Report No. 264, and any comments received, that there is no substantial evidence that the project will have an effect on the environment that significant increases, as compared to the effects studied in Environmental Impact Report No. 264. Resolution No PC 15-194 Addendum to EIR 264 for PP 2014-146 January 28, 2015 2. The Planning Commission further finds that the adoption of the Addendum reflects the Planning Commission's independent judgment and analysis. 3. The Addendum, all documents referenced in the Addendum, and the record of proceedings on which the Planning Commission's decision 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. 4. The City of Menifee Planning Commission adopts the Addendum to Environmental Impact Report No. 264 for the project. PASSED, APPROVED AND ADOPTED this the 28th day of January, 2015. Zl� Chris Thomas Chairman Attest: nnifer Allen, Deputy City Clerk Approved as to form: Ajitt Fn� Assistant City Scott A. Mann Mayor John V. Denver Mayor Pro Tern Wallace W. Edgerton Counciimember Greg August Councilmember Matthew Liesemeyer Councilmember 29714 Haun Road Menifee, CA 92586 Phone 951.672.6777 Fax 951.679.3843 www.cityofinenifee.us STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) I, Jennifer Allen, Planning Commission Secretary of the City of Menifee, do hereby certify that the foregoing Resolution No. PC15-194 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 28i" day of January, 2015 by the following vote: Ayes: Folsom, Karwin, Phillips, Sobek, Thomas Noes: None Absent: None Abstain: None enni er Allen, Deputy City Clerk