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HomeMy WebLinkAboutPC Reso No 2010-030RESOLUTION NO. 2010-30 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTION OF FINDINGS TO CERTIFY ADDENDUM NO. 3 TO THE FINAL SUPLEMENTAL ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NO. 87111606) WHEREAS, an application has been filed with the City of Lake Elsinore by Pardee Homes, for the Canyon Hills Specific Plan Amendment No. 3 ("the Project'), located within the Canyon Hills Specific Plan Project Area (the "Site"); and WHEREAS, the requirements of the California Environmental Quality Act (Cal. Pub. Res. Code 21000 et seq.: "CEQA") and the State Guidelines for Implementation of CEQA (title 14, Cal. Code Regs. 15000 et seq.: the "CEQA Guidelines") are applicable to discretionary projects, which are defined in CEQA Guidelines Section 15357 as "a project which requires the exercise of judgment or deliberation when the public agency or body decides to approve or disapprove a particular activity, as distinguished from situations where the public agency or body merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations"; and WHEREAS, in January 1989, the City of Lake Elsinore (the "City") certified Final Environmental Impact Report, State Clearinghouse No. 87111606 (the "FEIR") for the Cottonwood Hills Specific Plan; and WHEREAS, in March 2003, and March, 2007, the City approved the First and Second Amendments to the Specific Plan, which, among other things, changed the name of the Specific Plan to the Canyon Hills Estates Specific Plan; and WHEREAS, a modified Environmental Checklist was prepared to evaluate whether this Entitlement would result in any new significant impacts or new information necessitating preparation of a subsequent environmental document; and WHEREAS, Section 15164 (a) of the CEQA Guidelines provides that "The lead 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"; and WHEREAS, CEQA Guidelines Section 15162(a) states that "When an EIR has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: 1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; PLANNING COMMISION RESOLUTION 2010-30 PAGE 2OF4 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration 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 certified as complete or the negative declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more sever than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not the 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"; and WHEREAS, public notice of the Entitlement has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on June 15. 2010. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered Addendum No. 3 prepared for the Entitlement. The Planning Commission determines that, based upon the following findings, Addendum No. 3 was prepared in conformance with CEQA and is the appropriate environmental document for the Entitlements: 1. Addendum No. 3 to the FEIR is complete, contains all required information, and has been completed in compliance with CEQA, utilizing criteria set forth in Section 15164 of the CEQA Guidelines. 2. Addendum No. 3 is the appropriate document because changes and PLANNING COMMISION RESOLUTION 2010-30 PAGE 3OF4 modifications proposed by the Entitlements are necessary but do not trigger any of the conditions set forth in CQEA Guidelines Section 15162 (see below). 3. The Entitlement does not introduce any new significant environmental effects, nor will they result in any new significant unavoidable project impacts beyond those previously identified in the FEIR. 4. The Entitlement does not propose substantial changes to the project as analyzed under the FEIR, which will require major revisions to the FEIR due to new significant environmental effects or a substantial increase in the severity of previously identified significant environmental effects. 5. No new information of substantial importance exists, which was either unknown or could not have been known at the time that the FEIR was certified, to show that the Entitlement will have significant effects that were not described in the FEIR, that significant effects that were examined in the FEIR will be more severe as a result of the Entitlement, that mitigation measures or alternatives previously found infeasible would in fact be feasible, or that new mitigation measures are necessary for the Entitlements. SECTION 2. Based upon the foregoing, and based upon all oral and written testimony and other evidence presented, the Planning Commission hereby recommends that the City Council of the City of Lake Elsinore adopt Addendum No. 3 to the FEIR. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 15th day of June 2010, by the following vote: ny Flores, Chairman of Lake Elsinore ATTEST: bert A. Brady ity Manager PLANNING COMMISION RESOLUTION 2010-30 PAGE 4 OF 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, ROBERT A. BRADY, City Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2010-30 was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 15th day of June 2010, and that the same was adopted by the following vote: AYES: CHAIRMAN FLORES, VICE-CHAIRMAN GONZALES, COMMISSIONER MENDOZA, COMMISSIONER O'NEAL, COMMISSIONER ZANELLI NOES: NONE ABSENT: NONE ABSTAIN: NONE Robert A. Bra City Manager CONDITIONS OF APPROVAL SPECIFIC PLAN NO. 2010-01 FOR CANYON HILLS SPECIFIC PLAN AMENDMENT NO. 3 GENERAL The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning Specific Plan No. 2010-01 regarding Canyon Hills Specific Plan Amendment No. 3 2. The Draft Canyon Hills Specific Plan Amendment No. 3 shall be revised to incorporate any corrections and changes required by the Planning Commission and/or City Council. A Final Canyon Hills Specific Plan Amendment No. 3 document shall be submitted for review and approval by the Community Development Director or designee within 30 days of approval by the City Council. No permit shall be issued until the Canyon Hills Specific Plan Amendment No. 3 document and any required revisions are administratively approved by the Community Development Director or designee. 3. Future development shall comply with those standards and guidelines contained in the Canyon Hills Specific Plan Amendment No. 3 document. 4. Those issues, standards, guidelines, etc. not addressed in the Canyon Hills Specific Plan Amendment No. 3 will revert to the City Municipal Code and/or Zoning Code in effect at the time future projects are proposed. ENGINEERING GENERAL 5. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards and hydrology manual. 6. Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. 7. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC). 8. Roadway width for streets designated as "Local" shall be 40-feet of pavement on 60- feet of right-of-way. Deviations to the "Local" street section standard shall be approved by the Engineering Division and Fire Department. 9. Development phasing plans shall be submitted to and approved by the Engineering Division. Phasing plans shall identify construction traffic control and circulation, temporary traffic control and circulation plans for phased occupants. CONDITIONS OF APPROVAL SPECIFIC PLAN NO. 2010-01 FOR CANYON HILLS SPECIFIC PLAN AMENDMENT NO. 3 PAGE 2OF2 RIVERSIDE COUNTY FIRE DEPARTMENT 10.The applicant shall comply with all Riverside County Fire Departments requirements and standards. Provide fire protection facilities as required in writing by the Riverside County Fire Department.