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Home My WebLink AboutPC Reso No 2012-34RESOLUTION NO. 2012-34 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. IV TO THE ALBERHILL RANCH SPECIFIC PLAN FINAL ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NO. 88090517) WHEREAS, an application has been filed with the City of Lake Elsinore by Castle & Cooke, Lake Elsinore West, Inc., for Vested Tentative Tract Map No. 35001 and an Amended and Restated Development Agreement Between The City of Lake Elsinore and by Castle & Cooke, Lake Elsinore West, Inc. as the successor in interest to Brighton Alberhill Associates for Alberhill Ranch Development ( "the Project'), located within a +/- 400 acre portion (the "Site ") of the original 998 acre area within the Brighton Alberhill Ranch Specific Plan Amendment #1 ('Brighton ARSP #1 "); 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 June 1989, the City certified Final Environmental Impact Report, State Clearinghouse No. 88090517 (the "FEIR ") for the Alberhill Ranch Specific Plan; and WHEREAS, in September 1991, the City approved the Brighton ARSP #1 and related Addendum to the FEIR, 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 2012 -34 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 Project 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 October 16, 2012. 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. IV prepared for the Project. The Planning Commission determines that, based upon the following findings, Addendum No. IV was prepared in conformance with CEQA and is the appropriate environmental document for the Projects: 1. Addendum No. IV 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. IV is the appropriate document because changes and PLANNING COMMISION RESOLUTION 2012 -34 PAGE 3OF4 modifications proposed by the Project are necessary but do not trigger any of the conditions set forth in CQEA Guidelines Section 15162 (see below). 3. The Project 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 Project 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 FOR was certified, to show that the Project 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 Project, that mitigation measures or alternatives previously found infeasible would in fact be feasible, or that new mitigation measures are necessary for the Project. 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. IV 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 16`h day of October 2012, by the following vote: AYES: CHAIRMAN MORSCH, VICE CHAIRMAN O'NEAL, COMMISSIONER BLAKE, COMMISSIONER JORDAN NOES: NONE ABSENT: COMMISSIONER GRAY ABSTAIN: NONE Rick Morsch, Chairman City of Lake Elsinore ATTEST: Warren Nrorelion. AICP Acting Community Development Director PLANNING COMMISION RESOLUTION 2012 -34 PAGE 4OF4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, WARREN MORELION, Acting Community Development Director of the City of Lake Elsinore, California, hereby certify that Resolution No. 2012 -34 was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 16th day of October 2012: Warren krorelion, AICP Acting Community Development Director