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Home My WebLink AboutCC Reso No 2015-046 City Council Reso.RESOLUTION NO. 2015 -046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTING ADDENDUM #1 TO GENERAL PLAN UPDATE RECIRCULATED PROGRAM ENVIRONMENTAL IMPACT REPORT FOR ANNEXATION NO. 83 AND ZONE CHANGE NO. 2014 -02 WHEREAS, Eric Werner, Nichols Road Partners, LLC has submitted an application to annex 666.66 acres of land within the City's Sphere of Influence generally located north and south of Nichols Road and generally bounded by Interstate 15 to the west and south and El Toro Road to the east into the corporate boundaries of the City of Lake Elsinore; and WHEREAS, the proposed annexation consists of properties owned by Nichols Road Partner's LLC (APN 389 - 210 -008, 389 - 210 -032, 389 -210 -036, 389 - 210 -034 and 390 - 230 -005); the Western Riverside County Regional Conservation Authority (RCA) (APN 390 - 270 -007 and 390 - 270 -009); the Bureau of Land Management (APN 390 -230- 008; and, Elsinore Valley Unified School District (APN 389 - 210 -037, 389 - 210 -039); and WHEREAS, the Project is subject to the provisions of the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.: "CEQA ") and the State Implementation Guidelines for CEQA (14 California Code of Regulations Sections 15000, et seq.: "CEQA Guidelines ") because the Project involves an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and involves the issuance of a lease, permit license, certificate, or other entitlement for use by one or more public agencies (Public Resources Code Section 21065); and WHEREAS, the City prepared a Recirculated Program Environmental Impact Report (State Clearinghouse No. 2005121019: the "RP -EIR ") to address the potential environmental impacts of a comprehensive update of its General Plan pursuant to the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.: "CEQA "), the State Guidelines for Implementation of the California Environmental Quality Act (California Code of Regulations, Sections 15000 et seq.: the "State CEQA Guidelines "), and the City's Procedures for Implementing the State CEQA Guidelines and its other procedures relating to environmental evaluation of public and private projects; and WHEREAS, on December 13, 2011 the City Council of the City of Lake Elsinore certified the RP -EIR with Errata and Responses to Comments, the Findings of Fact and Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program; and WHEREAS, the potential environmental impacts of the General Plan's land use designations for property within the City limits and within the City of Lake Elsinore's Sphere of Influence were evaluated in the certified RP -EIR; and City Council Resolution No. 2015 -046 Page 2 of 4 WHEREAS, an Initial Study /Addendum to the General Plan Update Recirculated Program Environmental Impact Report (GPU EIR) (SCH No. 2015121019) was prepared to provide an evaluation of potential site- specific environmental effects that could result from the proposed Project, compared those effects to what was disclosed by the GPU EIR and concluded that the significant effects that would result from the Project have been addressed in the earlier certified GPU EIR; and WHEREAS, pursuant to CEQA Guidelines Section 15164, the Initial Study /Addendum provides some changes and additions to the certified EIR and therefore constitutes Addendum #1 to Environmental Impact Report No. 2007 -01; and WHEREAS, pursuant to Section 17.188.040 of the Lake Elsinore Municipal Code ( "LEMC ") the Planning Commission has been delegated with the responsibility of making recommendations to the City Council for changes to the official zoning map; and WHEREAS, on April 21, 2015 at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item; and adopted Planning Commission Resolution No. 2015 -34 recommending that the City Council adopt Addendum #1 to the General Plan Update Recirculated Program Environmental Impact Report for Annexation No. 83 and Zone Change No. 2014 -02; and WHEREAS, pursuant to Section 17.188.050 of the Lake Elsinore Municipal Code, the City Council has the authority to approve, modify or disapprove the recommendation of the Planning Commission regarding zone changes; and WHEREAS, on May 26, 2015, at a duly noticed public meeting, the City Council has considered the recommendation of the Planning Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council, based upon a thorough review of the proposed Addendum #1 to the General Plan Update Recirculated Program Environmental Impact Report, the CEQA documents, and the evidence received to date, does determine as follows: 1. In accordance with Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, the proposed annexation and zone change do not present substantial changes or reveal new information that would require Subsequent or Supplemental EIR analysis. However, some changes or additions to the information contained in the certified EIR is necessary in order to approve the proposed project. For this reason, pursuant to Section 15164 of the CEQA Guidelines, an Initial Study /Addendum to the General City Council Resolution No. 2015 -046 Page 3 of 4 Plan Update Recirculated Program Environmental Impact Report (GPU EIR)(SCH No. 2015121019) was prepared to provide an evaluation of potential site - specific environmental effects that could result from the proposed Project, compared those effects to what was disclosed by the GPU EIR and concluded that the significant effects that would result from the Project have been addressed in the earlier certified GPU EIR. The Initial Study /Addendum constitutes Addendum # 1 to the General Plan Update Recirculated Program Environmental Impact Report (SCH No. 2015121019). 2. That Addendum #1 was prepared in compliance with the requirements of the California Environmental Quality Act and the State CEQA Guidelines. 3. That, based upon the evidence submitted and as demonstrated by the analysis included in the Addendum #1, none of the conditions described in Sections 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent or supplemental Environmental Impact Report have occurred; specifically: a. There have not been any changes to the General Plan land use designations that require major revisions of the CEQA documents because of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; b. There have not been any substantial changes with respect to the circumstances under which the Proposed Project is undertaken that require major revisions of the CEQA documents due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and c. 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 General Plan Update Recirculated Program Environmental Impact Report was adopted, that shows any of the following: (a) the project will have one or more significant effects not discussed in the General Plan Update Recirculated Program Environmental Impact Report; (b) significant effects previously examined will be substantially more severe than shown in General Plan Update Recirculated Program Environmental Impact Report; (c) mitigation measures or alternatives which are considerably different from those analyzed in the General Plan Update Recirculated Program Environmental Impact Report would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. City Council Resolution No. 2015 -046 Page 4 of 4 SECTION 2. The City Council has evaluated all comments, written and oral, received from persons who have reviewed Addendum #1 to the General Plan Update Recirculated Program Environmental Impact Report. The City Council hereby finds and determines that all public comments have been addressed. SECTION 3. The City Council hereby finds that Addendum #1 to the General Plan Update Recirculated Program Environmental Impact Report for the Project is adequate and has been completed in accordance with CEQA, the State CEQA Guidelines, and the City's procedures for implementation of CEQA; and recommends to the City Council that it make the same finding. The City Council has reviewed and considered the information contained in the General Plan Update Recirculated Program Environmental Impact Report and Addendum #1 and finds that the General Plan Update Recirculated Program Environmental Impact Report and Addendum #1 represent the independent judgment of the City. SECTION 4. Based upon the evidence presented, the above findings, the City Council of the City of Lake Elsinore hereby adopts Addendum #1 to the General Plan Update Recirculated Program Environmental Impact Report for Annexation No. 83 and Zone Change No. 2014 -02. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 26th day of May 2015, by the following vote: AV TTEST: �- .. 1�� M Virginia 4. Blo , City Clerk APPROVED AS TO ORM: 1,, Barbara Leibold, City Attorney STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Virginia Bloom, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2015 -046 was adopted by the City Council of the City of Lake Elsinore, California, at a Regular meeting held on the 261' day of May 2015, and that the same was adopted by the following vote: AYES: Council Member Magee, Council Member Hickman, Council Member Johnson, Mayor Pro Tern Tisdale and Mayor Manos NOES: None ABSENT: None ABSTAIN: None Virginia . Boo City Clerk U