HomeMy WebLinkAboutCC Reso No 2016-040 CC Reso Annexation 84RESOLUTION NO. 2016 -040
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, ADOPTING ADDENDUM
NO. 2 TO GENERAL PLAN UPDATE RECIRCULATED
PROGRAM ENVIRONMENTAL IMPACT REPORT FOR
ANNEXATION NO. 84, GENERAL PLAN AMENDMENT
2014 -03, AND ZONE CHANGE NO. 2014 -02
WHEREAS, Bruce Vinci, RHW, LLC has submitted an application to annex 160
acres of land under his ownership, within the City's Sphere of Influence ( "Annexation
Area ") generally located north of Greenwald Avenue on Dowling Street extension and
specifically referred to as Assessor Parcel Numbers 349 - 250 -013, 349 - 250 -014, 349-
250 -015 and 349 - 250 -016; 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,
WHEREAS, an Initial Study /Addendum to the General Plan Update Recirculated
Program Environmental Impact Report (GPU RP -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
CITY COUNCIL RESOLUTION NO. 2016 -040
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the GPU RP -EIR and concluded that the significant effects that would result from the
project have been addressed in the earlier certified GPU RP -EIR; and,
WHEREAS, pursuant to CEQA Guidelines Section 15164, the Initial
Study /Addendum provides some changes and additions to the certified RP -EIR and
therefore constitutes Addendum #2 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 March 15, 2016, at a duly noticed public hearing the Planning
Commission has considered evidence presented by the Community Development
Department and other interested parties with respect to this item; 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 April 12, 2016, 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 #2 to the GPU PR -EIR, the CEQA documents, and the evidence received to
date, does determine as follows:
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 RP -EIR analysis. However, some changes or
additions to the information contained in the certified RP -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 GPU RP-
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
RP -EIR and concluded that the significant effects that would result from the
project have been addressed in the earlier certified GPU RP -EIR. The Initial
Study /Addendum constitutes Addendum No. 2 to the GPU RP -EIR (SCH No.
2015121019).
CITY COUNCIL RESOLUTION NO. 2016 -040
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2. That Addendum No. 2 was prepared in compliance with the requirements of
CEQA and the State CEQA Guidelines.
3. That, based upon the evidence submitted and as demonstrated by the
analysis included in the Addendum #2, 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; and,
b. There have not been any substantial changes with respect to the
circumstances under which the proposed project has 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 GPU RP -EIR was adopted, that shows any of
the following: (a) the project will have one or more significant effects not
discussed in the GPU RP -EIR; (b) significant effects previously
examined will be substantially more severe than shown in GPU RP -EIR;
(c) mitigation measures or alternatives which are considerably different
from those analyzed in the GPU RP -EIR would substantially reduce one
or more significant effects on the environment, but the project
proponents decline to adopt the mitigation measure or alternative.
SECTION 2. The City Council has evaluated all comments, written and oral,
received from persons who have reviewed Addendum No. 2 to the GPU RP -EIR. The
Planning Commission hereby finds and determines that all public comments have been
addressed.
SECTION 3. The City Council hereby finds that Addendum #1 to the GPU RP -EIR
for the Project is adequate and has been completed in accordance with CEQA, the State
CEQA Guidelines. The City Council has reviewed and considered the information
contained in the GPU RP -EIR and Addendum No. 2 and finds that the GPU RP -EIR and
Addendum No. 2 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 No. 2 to the GPU RP -EIR
for Annexation No. 84, General Plan Amendment 2014 -03, and Zone Change No. 2014-
02.
CITY COUNCIL RESOLUTION NO. 2016 -040
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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 the 12th day of April, 2016.
Brikji le, Mw6r
ATTEST:
Susan M. Domen, MMC, City Clerk
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE SS
APPROVE AS TO FOR
rbara Leibold, City Attorney
I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, hereby
certify that Resolution No. 2016 -040 was adopted by the City Council of the City of Lake
Elsinore at a regular meeting held on the 12th day of April, 2016 by the following vote:
AYES:
Council Members Manos,
and Mayor Tisdale
NOES:
None
ABSTAIN:
None
ABSENT:
None
Hickman and Johnson, Mayor Pro Tern Magee,
'`Susa M. Domen, MMC,, City Clerk