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PC15-216Resolution PC 15-216 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA FINDING THAT NO ADDITIONAL ENVIRONMENTAL REVIEW IS REQUIRED FOR MINOR CHANGE NO. 2015-028 (MINOR CHANGE TO TENTATIVE TRACT MAP NO. 32025) Whereas, on February 9, 2015, Brookfield Residential applied to the City of Menifee for the approval of a Minor Change to an approved tentative tract map (TR32025) which consisted of a subdivision of 130 acres into 198 total single-family lots; and Whereas, the Minor Change would reduce the grading, specifically, reducing the amount of cut and impacts to the hillside along with reduction in air quality impacts and noise impacts resulting from blasting, within TR32025 as originally approved; and Whereas, the Minor Change does not intensify or otherwise change the Project; and 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 Minor Change 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 May 11, 1999, the County of Riverside Board of Supervisors certified that Environmental Impact Report (SCH 93082011), which analyzed the environmental impacts which would result from the development of the Canyon Cove Specific Plan, had been prepared in full compliance with CEQA (the "EIR"); and Whereas, on April 4, 2006, the County of Riverside Board of Supervisors approved an Addendum to an Environmental Impact Report (EA 39396), which analyzed the environmental impacts which would result from the development of the Substantial Conformance to the Canyon Cove Specific Plan and TR32025 project, had been prepared in full compliance with CEQA (the "EIR"); and Whereas, the project analyzed in the original EIR consisted of a total of 495 residential units on the entire 130 acres and the project analyzed in the subsequent Addendum consisted of a total of 198 residential units on 130 acres; and Whereas, the project as currently proposed with the Minor Change would reduce the grading from what was previously analyzed and thus likely result in reduced impacts compared to those previously analyzed in the original EIR and subsequent Addendum; and Whereas, the Planning Commission conducted a duly noticed public hearing on June 10, 2015, where the public was allowed to comment on the absence of any need for additional environmental review: and Whereas, the Planning Commission has carefully considered all of the comments received from the public as well as the information provided by the City's staff regarding environmental review. Resolution PC 15-216 Minor Change No. 2015-028 NOW, THEREFORE, the Planning Commission of the City of Menifee hereby makes the following findings as established by the California Environmental Quality Act (CEQA): Section 1. The Planning Commission has reviewed the EIR and Addendum and finds that those documents fully analyzed the environmental impacts of the project as it was originally approved in 1999 and subsequently analyzed and amended in 2006. Section 2. The Project will result in similar impacts as those analyzed in the EIR and Addendum. Section 3, A. Substantial evidence supports the conclusion that no further environmental review is required. The proposed modifications would not prompt the need for a subsequent EIR pursuant to Section 15162 of the CEQA Guidelines which mandates the preparation of the same, when: 1) Substantial changes are proposed in the project which will require major revisions of the previous MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3) 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 previous MND was adopted, shows any of the following: a. The project will have one or more significant effects not discussed in the previous MND; b. Significant effects previously examined will be substantially more severe than shown in the previous MND; c. Mitigation measures or alternative previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous MND would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. B. The modified project's overall development is essentially equivalent to what was evaluated in the adopted EIR and Addendum to the EIR for the original project. The proposed modifications would entail adjustments to grading, Resolution PC 15-216 Minor Change No. 2015-028 elevations and interior circulation. These modifications would not entail substantial changes to the original project. C. The proposed approval of the Minor Change contains no substantial changes in the project as originally analyzed requiring major revisions of the EIR, including the Addendum to the EIR, due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; D. No substantial changes have occurred with respect to the circumstances under which the project as originally analyzed is undertaken which will require major revisions of the EIR, including the Addendum to the EIR; E. 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 or Addendum to the EIR was certified; and F. There are no newly feasible, or considerably different, mitigation measures or alternatives which would substantially reduce one or more significant effects of the project as originally analyzed but which the Project proponent declines to adopt. Section 4. No further environmental review of the Project is required under CEQA and that the approval of the Minor Change is sufficiently analyzed by the EIR and subsequent Addendum. PASSED, APPROVED AND ADOPTED this the 10'" day of June, 2015. Chairman Attest: nnifer Allen, Deputy City Clerk Approved as to form: Ajit Thind, Assistant City Attorney Scott A. Mann Mayor John V. Denver Mayor Pro Tern Wallace W. Edgerton Councilmember 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. PC15-216 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 10'h day of June, 2015 by the following vote: Ayes: Doty, Phillips, Karwin, Sobek, Thomas Noes: None Absent: None Abstain: None JeOifeFAllen, Deputy City Clerk