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PC15-218Resolution PC 15-218 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA FINDING THAT NO ADDITIONAL ENVIRONMENTAL REVIEW IS REQUIRED FOR MINOR CHANGE NO. 2014-204 Whereas, on September 17, 2014, Strata McCall, LLC applied to the City of Menifee for the approval of a (second) Minor Change to an approved Tentative Tract Map (TR31098) which consisted of a subdivision of 85.7 gross acres into 264 total single-family lots; and Whereas, the second Minor Change to TR 31098 would consolidate two (2) separate "park" lots (formerly Lot 269 and 270) which measured 2.06 and 1.80 acres (for a total of 3.86 acres) into one (1) 6.52-acre park site (Lot 'E') and decrease the residential unit count which would lessen impacts to air quality, traffic, and noise impacts, within the vicinity of the project site, compared to what was previously approved; and Whereas, on March 30, 2005, the County of Riverside Planning Commission adopted Environmental Assessment (EA) / Mitigated Negative Declaration (MND) No. 39078 (EA 39078), which analyzed the environmental impacts which would result from the development of TR 31098 and which was prepared in full compliance with CEQA and CEQA Guidelines; and Whereas, on May 3, 2006, the County of Riverside Planning Commission approved the first Minor Change to TR 31098 and no new environmental impacts, resulting from the implementation of Minor Change No. 1, were identified and, therefore, no Environmental Assessment or Mitigated Negative Declaration was needed and no further environmental review was required pursuant to CEQA and the CEQA Guidelines; and Whereas, the Minor Change will not intensify or otherwise substantially 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, the project analyzed in the original EA consisted of a total of 264 residential units on 85.7 gross acres and the project approved under the first minor change also consisted of 264 residential units on 85.7 gross acres; and Whereas, the project as currently proposed with the second Minor Change would decrease the residential unit count to 258 and thus would likely lessen impacts to air quality, traffic, and noise impacts, within the vicinity of the project site compared to those previously analyzed in EA 39078; and Whereas, the Planning Commission conducted a duly noticed public hearing on September 23, 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 15-218 Minor Change No. 2014-204 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. EA 39078 fully analyzed the environmental impacts of the project as it was originally approved in 2005 and amended in 2006. Section 2. The Project will result in similar impacts as those analyzed in the previous EA. 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 Mitigated Negative Declaration (MND) pursuant to Section 15162 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 previously adopted MND. The proposed modifications would entail adjustments to grading, the lot layout, open space lot configurations, 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 previous Resolution PC 15-218 Minor Change No. 2014-204 MND 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 previous MND; 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 previous MND was adopted; 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 previous EA. PASSED, APPROVED AND ADOPTED this the 23'd day f September, 2015. Chris Thomas, Chairman Attest: J nni er Allen, Deputy City Clerk Approved as to form: Ajit Thind, Assistant City Attorney Scott A. Mann Mayor John V. Denver Mayor Pro Tem Greg August Councilmember Matthew Liesemeyer Councilmember Vacant Councilmember District 3 29714 Haun Road Menifee, CA 92586 Phone 951.672.6777 Fax 951.679.3843 vww.cityofinen ifee. 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. PC15-218 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 23`d day of September, 2015 by the following vote: Ayes: Doty, Phillips, Karwin, Sobek, Thomas Noes: None Absent: None Abstain: None Jeyrfiife`r Allen, Deputy City Clerk