HomeMy WebLinkAbout0015_2_AVSP - Exhibit A Resolution - Addendum to FEIRRESOLUTION NO. 2017-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING THE ADDENDUM TO THE FINAL ENVIRONMENTAL
IMPACT REPORT FOR THE AMENDED AND RESTATED ALBERHILL VILLAGES
SPECIFIC PLAN (SCH NO. 2012061046)AND RELATED DEVELOPMENT
AGREEMENT
Whereas,On June 14, 2016, after public hearing and consideration of all written and oral staff
reports, recommendation from the Planning Commission, comments and responses to
comments to the Environmental Impact Report (hereinafter defined), public testimony and such
other matters as are reflected in the record of the public hearing, the City Council of the City of
Lake Elsinore approved the following which are collectively referred to herein as the “Project”:
(i)Resolution No. 2016-076 certifying the Final Environmental Impact Report (SCH
No. 2012061046) for the Alberhill Villages Specific Plan No. 2010-02 (the “Final EIR”),
General Plan Amendment No. 2012-01 and Zone Change No. 2012-02, Adopting
Findings Pursuant to the California Environmental Quality Act, Adopting a Statement of
Overriding Considerations, and Adopting a Mitigation Monitoring and Reporting
Program,
(ii)Resolution No. 2016-77 approving General Plan Amendment No. 2012-01 which
amended the Lake Elsinore General Plan land use designation for the project site’s to
“Alberhill Villages Specific Plan” the property to “Alberhill Villages Specific Plan,”
(iii)Ordinance No. 2016-1361, effective July 28, 2016, adopting the Alberhill Villages
Specific Plan No. 2012 (“AVSP”) and Zone Change 2012-02 which amended the project
site’s zoning from a mix of zoning designations to “Alberhill Villages Specific Plan”;
Whereas,the Project consists of a 1,375-acre site located south of Interstate 15 and west of
Lake Street and includes approximately 8,024 dwelling units; 3,810,300 square feet of non-
residential uses including civic/institutional, commercial/retail, professional office/medical and
entertainment uses; university or similar education institutional use; and supporting uses
including schools, parks, places of religious assembly, open space and green belt paseos;
Whereas,following the June 14, 2016 adoption of the Project, the property owner, Pacific Clay
Products, Inc. and the City engaged in discussions and have mutually proposed an Amended
and Restated Alberhill Villages Specific Plan and related Development Agreement in an effort to
eliminate certain ambiguities and provide clarification with respect to the implementation of the
AVSP, refine the AVSP land use plan, and identify a financing mechanism for the Regional
Sports Park;
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”;
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Addendum to Final EIR - Amended and Restated AVSP
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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”;
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:
(i)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;
(ii)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
(iii)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 severe
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”;
Whereas,in accordance with the CEQA Guidelines, the City has prepared an Addendum to the
Final EIR, attached hereto as Exhibit “A,” for the proposed Amended and Restated Alberhill
Villages Specific Plan and the related Development Agreement (collectively, the Entitlements”);
Whereas,the Planning Commission has been delegated with the responsibility of making
recommendations to the City Council for approving environmental documents and public notice
of the Addendum to the Final EIR and the proposed Amended and Restated Alberhill Villages
Specific Plan and related Development Agreement has been given; and
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Addendum to Final EIR - Amended and Restated AVSP
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Whereas, on February 7, 2017, the Planning Commission considered evidence presented by
the Community Development Department and other interested parties at a duly noticed public
hearing held with respect to the Final EIR and Addendum thereto and by Resolution No. 2017-
18 recommended that the City Council approve the Addendum to the Final Environmental
Impact Report For The Amended And Restated Alberhill Villages Specific Plan (SCH No.
2012061046) and related Development Agreement.
Whereas, on February 14, 2017 the City Council conducted a duly noticed public hearing and
considered all public oral and written testimony.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1.The foregoing recitals are true and correct and are hereby incorporated into these
findings by this reference.
Section 2.The City Council has considered and evaluated the Addendum to the Final EIR
prepared for the Entitlements with the previously certified Final EIR (http://www.lake-
elsinore.org/city-hall/city-departments/community-development/planning/ceqa-documents-
available-for-public-review/alberhill-villages-specific-plan). The City Council determines that
the Addendum to the Final EIR was prepared in conformance with CEQA, reflects its
independent judgment, and is the appropriate environmental document for the Entitlements
based upon the following findings:
1.The Addendum to the Final EIR 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.The Entitlements do not introduce any new significant environmental effects, nor
will they result in any new significant unavoidable project impacts beyond those previously
identified in the Final EIR.
3.The Entitlements do not propose substantial changes to the project as analyzed
under the Final EIR, that would require major revisions to the Final EIR due to new significant
environmental effects or a substantial increase in the severity of previously identified significant
environmental effects.
4.No new information of substantial importance exists, which was either unknown
or could not have been known at the time that the Final EIR was certified, to show that the
Entitlements will have significant effects that were not described in the Final EIR, that significant
effects that were examined in the Final EIR 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.
5.The Addendum to the Final EIR is, therefore, the appropriate document because
changes and modifications proposed by the Entitlements are necessary but do not trigger any of
the conditions set forth in CEQA Guidelines Section 15162.
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Section 3.The City Council finds that the Addendum to the Final EIR for the Entitlements is
adequate and has been completed in compliance with CEQA, the State CEQA Guidelines, and
local procedures adopted by the City pursuant thereto. The City Council has reviewed and
considered the information contained in the Final EIR (http://www.lake-elsinore.org/city-
hall/city-departments/community-development/planning/ceqa-documents-available-for-public-
review/alberhill-villages-specific-plan) and the Addendum thereto and finds that they represent
the independent judgment of the City.
Section 4.Based upon all of the evidence presented and the above findings, the City Council
of the City of Lake Elsinore approves the Addendum along with the Final EIR for the Project.
Section 5. If any provision of this Resolution or its application is held invalid by a court of
competent jurisdiction, such invalidity shall not affect other provisions, sections, or applications
of the Resolution which can be given effect without the invalid provision or application, and to
this end each phrase, section, sentence, or word is declared to be severable.
Section 6.This Resolution shall take effect from and after the date of its passage and
adoption.
Passed and Adopted this 14th day of February, 2017.
_______
Robert Magee, Mayor
Attest:
___________________________________
Susan Domen, MMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
}SS
I, Susan Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that
Resolution No. 2017-___ was adopted by the City Council of the City of Lake Elsinore,
California at the Regular meeting of February 14, 2017, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Reso No. 2017-___
Addendum to Final EIR - Amended and Restated AVSP
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Susan Domen, MMC, City Clerk