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PC15-240Resolution PC 15-240 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA FINDING THAT NO ADDITIONAL ENVIRONMENTAL REVIEW IS REQUIRED FOR MINOR CHANGE NO. 2015-059 (MINOR CHANGE TO TENTATIVE TRACT MAP NO. 29777) TALAVERA Whereas, on March 16, 2015, TTLC Talavera applied to the City of Menifee for the approval of a Minor Change to an approved tentative tract map (TR29777) which consisted of a subdivision of 63.48 acres into 173 total single-family lots; and Whereas, the Minor Change would entail adjustments to phasing, minor layout changes and changes to the conditions of approval for TR29777 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 17, 2005, the County of Riverside Board of Supervisors adopted a Mitigated Negative Declaration (Environmental Assessment No. 38589), which analyzed the environmental impacts which would result from the development of the project, and which had been prepared in full compliance with CEQA (the "MND"); and Whereas, the project analyzed in the original MND consisted of a total of 173 residential units on the entire 63.48 acres; and Whereas, the project as currently proposed with the Minor Change would entail adjustments to phasing, minor layout changes and changes to the conditions of approval and; therefore, the proposed project is consistent with the project previously analyzed and thus likely result in similar impacts compared to those previously analyzed in the original MND; and Whereas, the Planning Commission conducted a duly noticed public hearing on November 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. 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 documents fully analyzed th e Section 2. The Project will result in similar impacts as those analyzed in the MND. Resolution PC 15-240 Minor Change No. 2015-059 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 MND 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 MND for the original project. The proposed modifications would entail adjustments to phasing, minor layout changes and changes to the conditions of approval. 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 MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; Resolution PC 15-240 Minor Change No. 2015-059 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 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 MND or 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 MND. PASSED, APPROVED AND ADOPTED this the; da f November, 2015. Chris Thomas, Chairman Attest: ZWN Allen, Deputy City Clerk Approved as to form: Ajit Thind, Assistant City Attorney ,MENIFEE, L 1 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.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. PC15-240 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 23rd day of November, 2015 by the following vote: Ayes: Doty, Phillips, Karwin, Sobek, Thomas Noes: None Absent: None Abstain: done ifer Allen, Deputy City Clerk