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HomeMy WebLinkAboutPC Reso No 2017-18 (AVSP EIR)RESOLUTION NO.2017.18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENOING THAT THE CITY COUNCIL APPROVE THE ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE AMENDED AND RESTATED ALBERHILL VILLAGES SPECIFIC PLAN (SCH NO. 201206,I046) AND RELATED OEVELOPMENT AGREEMENT Whereas, On June 14,2016, after public hearing and consideration of all written and oral staff reports, recommendation from the Planning Commission (Commission), comments and responses to comments to the Environmental lmpact Report (hereinafter defined), public testimony and such other matters as are reflected in the record of the Public Hearing, the City Council (Council) of the City of Lake Elsinore (City) approved the following which are collectively referred to herein as the Project; and, (i) Resolution No. 2016-076 certifying the Finat Environmental lmpact Report (SCH No 2012061046) for the Alberhill Villages Specific Plan (AVSP) No. 2010-02 (Finat EtR), General Plan Amendment (GPA) No. 2012-01 and Zone Change (ZC) 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; and, (ii) Resolution No. 2016-77 approving General Plan Amendment No. 2012-01 which amended the Lake Elsinore General Plan (GP) Land Use Designation for the Project site's to "AVSP" the property to AVSP; and, (iii) Ordinance No. 2016-1 361 , effective July 28, 2016, adopting the AVSP No 20'12 and ZC 2012-02 which amended the ProJect site's zoning from a mix of Zoning Designations to AVSP; and, Whereas, the Project consists of a 1,375-acre site located south of lnterstate 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; and, Whereas, following the June 14,2016 adoption of the Project, the property owner, Pacific Clay Products, lnc. and the City engaged in discussions and have mutually proposed an Amended and Restated AVSP and related Development Agreement in an effort lo 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; and, Whereas, the requirements of the California Environmental Quality Act (Cal. Pub. Res. Code gg 21000 et seq.. "CEQA") and the State Guidelines for lmplementation of CEQA (title 14, Cal. Code Regs. SS 15000 ef 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 Regulatrons; and, Reso No. 2017 -18 Page 2 of 4 Whereas, Section 1 5164 (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 certifred 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; and, 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 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 lo adopt the mitigation measure or alternative; and, Whereas, in accordance with the CEQA Guidelines, the City has prepared an Addendum to the Final ElR, attached hereto as Exhibit 'A," for the proposed Amended and Restated AVSP and the related Development Agreement (collectively, the Entitlements"); and, Whereas, the Commission has been delegated with the responsibility of making recommendations to the Council for approving environmental documents and Publjc notice of the Addendum to the Final EIR and the proposed Amended and Restated AVSP and related Development Agreement has been given; and, Reso No. 2017 -18 Page 3 of 4 Whereas, on February 7, 2017, the 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, the Amended and Restated AVSP and related Development Agreement. NOW, THEREFORE, THE PLANNING COMMISSION 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 Commission has considered and evaluated the Addendum to the Final EIR prepared for the Entitlements with the previously certified Final ElR. The Commission 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 1 51 64 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 ElR. 3. The Entitlements do not propose substantial changes to the Project as analyzed under the Final ElR, that would require major revisions to the Final EIR due to new significant environmental effects or a substantial ancrease 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 ElR, 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 modifjcations proposed by the Entitlements are necessary but do not trigger any of the conditions set forth in CEQA Guidelines Section 1 5162. Section 3. The Commrssion 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 Commission has reviewed and considered the information contained in the Final EIR and the Addendum thereto and finds that they represent the independent .iudgment of the City. Section 4. Based upon all of the evidence presented and the above findings, the Commission of the City recommends that the Council of the City, consider the Addendum along with the Final EIR for the Project and approve the Addendum. [- _-l l Reso No. 2017-18 Page 4 of 4 Section 5. lf 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. adoption. This Resolution shall take effect from and after the date of its passage and Passed and Adopted this 7rh day of Fe*uary, 2017 . /h;'Z---- Adam Armit, Chairman ss STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE l, Justin Kirk, Principal Planner of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2017-18 was adopted by the Planning Commission of the City of Lake Elsinore, California at a Regular meeting held on February 7 ,2017, by the following vote. AYES: Commissioner's Ross, Carroll and Klaarenbeek, Vice-Chair Gray and Chairman Armit NOES: None ABSTAIN: None ABSENT: None