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PC20-506RESOLUTION NO. PC 20-____ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA FINDING THAT NO ADDITIONAL ENVIRONMENTAL REVIEW IS REQUIRED FOR EXTENSION OF TIME NOS. 2017-358, 2018-028, AND 2019-012 AND ADOPTING AN ADDENDUM TO ENVIRONMENTAL IMPACT REPORT NO. 463 Whereas, in February, 2006, the County of Riverside Board of Supervisors approved Specific Plan 334 (Cantalena Specific Plan) for a 160-acre master planned community and certified an Environmental Impact Report (EIR 463), which analyzed the environmental impacts which would result from the development of the project, and which had been prepared in full compliance with CEQA; and Whereas, in November of 2007, the County of Riverside Planning Commission approved Tentative Tract Map No. 33732 for the subdivision of 94.3 acres into 296 single-family residential lots, one 13.97 acre park, and 38 open space lots and certified the first addendum to an Environmental Impact Report (EIR 463), 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 “EIR”); and Whereas, on October 27, 2017, Richland Planned Communities applied to the City of Menifee for the approval of an Extension of Time for an approved tentative tract map (TR33732) which would extend the map from November 7, 2017 to November 7, 2018; and Whereas on February 13, 2018 Richland Planned Communities applied to the City of Menifee for the approval of an Extension of Time for an approved tentative tract map (TR33732) which would extend the map from November 7, 2018 to November 7, 2019; and Whereas on January 14, 2019 Richland Planned Communities applied to the City of Menifee for the approval of an Extension of Time for an approved tentative tract map (TR33732) which would extend the map from November 7, 2019 to November 7, 2020; and Whereas, the Project would grant three (3) one-year time extensions and make changes to the conditions of approval for TR33732; and Whereas, the Project does not intensify or otherwise change its scope; 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 Project 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 EIR consisted of a total of 1,079 residential units on 160 acres; and Whereas, Tentative Tract Map No. 33732 was determined to be consistent with the previously analyzed project (Cantalena Specific Plan) and thus likely result in similar or reduced impacts compared to those previously analyzed in the original EIR by way of Addendum No. 1; and DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F 506 Extension of Time No. 2017-358 Extension of Time No. 2018-028 Extension of Time No. 2019-012 2 Whereas, the Project would grant time extensions to the map and revise the conditions of approval, but would not change the lot count, and would not change the overall design layout of the map and, therefore, the Project is consistent with the previously analyzed project and thus would likely result in similar or reduced impacts compared to those previously analyzed in the original EIR and Addendum No. 1; and Whereas, pursuant to the requirements of the CEQA, a subsequent addendum (Addendum No. 2) has been prepared to document the proposed changes from the original EIR; and Whereas, the Planning Commission conducted a duly noticed public hearing on June 10, 2020, 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, BE IT RESOLVED that the Planning Commission of the City of Menifee, California hereby makes the following findings as established by the California Environmental Quality Act (CEQA): Section 1. The Planning Commission has reviewed the EIR and finds that those documents fully analyzed the environmental impacts of the project as it was originally approved in 2006. Section 2. The Project will result in similar or reduced impacts as those analyzed in the EIR and will not result in any new or increased impacts on the environment. Section 3. CEQA authorizes a Lead or Responsible Agency to prepare an Addendum to a previously certified EIR or adopted Mitigated Negative Declaration or Negative Declaration if some changes or additions are necessary to a previously analyzed project and none of the conditions described in CEQA Guidelines Section 15162 requiring the preparation of a Subsequent EIR or CEQA Guidelines Section 15163 requiring the preparation of a Supplement to an EIR are met. 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 or Mitigated Negative Declaration (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 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F Extension of Time No. 2017-358 Extension of Time No. 2018-028 Extension of Time No. 2019-012 3 2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR 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 EIR was adopted, shows any of the following: a. The project will have one or more significant effects not discussed in the previous EIR; b. Significant effects previously examined will be substantially more severe than shown in the previous EIR; 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 EIR 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 or less than what was evaluated in the adopted EIR for the original project. The project, would grant time extensions to the map and revise the conditions of approval. Changes to conditions of approval dealing with biological resources are for clarification purposes and are a continuation of the implementation of regulatory requirements of the Multi-Species Habitat Conservation Plan (MSHCP) as prescribed by the California Department of Fish and Wildlife and U.S. Fish and Wildlife Service. These modifications and changes to conditions would not entail substantial changes to the original project. C. The proposed approval of the extensions of time contain no substantial changes in the project as originally analyzed requiring major revisions of 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; 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 was adopted; and DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F Extension of Time No. 2017-358 Extension of Time No. 2018-028 Extension of Time No. 2019-012 4 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. The City prepared an Addendum to analyze any environmental impacts associated with the extension of time applications. The Addendum concluded that the Project does not involve changes that will result in new or increased environmental effects, new significant impacts, or the need for additional or increased mitigation beyond those identified in the previously approved EIR 463 and Addendum No. 1; thus, none of the conditions identified in CEQA Guidelines Section 15162 or 15163 will be triggered by the revised project. Therefore, in accordance with CEQA Guidelines, the City hereby adopts an Addendum to the EIR to document the changes associated with the extension of time applications. PASSED, APPROVED AND ADOPTED this the 10th day of June, 2020: _________________________ Randy Madrid, Chairman Attest: ___________________________ Stephanie Roseen, Deputy City Clerk Approved as to form: ______________________________ Thai V. Phan, Assistant City Attorney DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F