HomeMy WebLinkAboutCC Reso No 2007-062RESOLUTION NO. 2007-62
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING ADDENDUM
NO. 2 TO THE FINAL SUPPLEMENTAL ENVIRONMENTAL
IMPACT REPORT (STATE CLEARINGHOUSE NO. 8711160~
WHEREAS, Pardee Homes has submitted applicarions for Canyon Hills
Specific Plan Amendment No. 2, Tentative Parcel Map No. 34442, Conditional
Use Pernut No. 2005-29, and Residential Design Review No. 2005-28 (the
"Entitlements"), for the development of the Parkside Terrace Condominium
Community within the Canyon Hills Specific Plan on the north side of Canyon
Hills Road, west of Hillside Drive; 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 confornuty with applicable
statutes, ordinances, or regulations"; and
WHEREAS, the Entitlements qualify as a discretionary project because the
Planning Commission and the City Council are required to exercise judgment and
deliberation when deciding whether the Entitlements satisfy the requirements of
State Law and the Lake Elsinore Municipal Code; and
WHEREAS, in January 1989, the City of Lake Elsinore (the "City")
certified Final Environmental Impact Report, State Clearinghouse No. 87111606
(the "FEIR") for the Cottonwood Hills Specific Plan; and
WHEREAS, in March 2003, the City approved the First Amendment to the
Specific Plan, which, among other things, changed the name of the Specific Plan to
the Canyon Hills Estates Specific Plan; and
WHEREAS, a modified Environmental Checklist was prepared to evaluate
whether the Entitlements would result in any new significant impacts or new
information necessitating preparation of a subsequent environmental document;
and
CITY COLTNCIL RESOLUTION NO. 2007-62
PAGE 2 OF 5
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 ar 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;
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 ar a substantial increase
in the severity of previously identified significant effects; ar
3. New information of substantial importance, which was not lrnown
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 wi11 be substantially
more severe than shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to
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
CITY COUNCIL RESOLUTION NO. 2007-62
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(D) Mitigation measures ar alternatives which are considerably
different from those analyzed in the previous EIR would
substantially reduce one ar more significant effects on the
environment, but the project proponents decline to adopt the
mitigation measure or alternative"; and
WHEREAS, after considering the Entitlements at a duly noticed public
hearing on March 20, 2007, the Planning Commission recommended that the City
Council approve the Addendum to the FEIR; and
WHEREAS, pursuant to CEQA and the CEQA Guidelines, the City
Council of the City of Lake Elsinore is the lead agency for purposes of the
Entitlements and is responsible for adopting environmental documents
appertaining thereto; and
WHEREAS, public notice of the Entitlements has been given, and the City
Council has considered the recommendation of the Planning Commission and
evidence presented by the Community Development Department and other
interested parties at a public hearing held with respect to this item on April 24,
2007.
NOW, THEREFORE, THE CITY COUNCIL OF THE CTTY OF
LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
SECTION 1. The City Council has considered Addendum No. 2 prepared
for the Entitlements. The City Council determines that, based upon the following
findings, Addendum No. 2 was prepared in conformance with CEQA and is the
appropriate environmental document for the Entitlements:
1. Addendum No. 2 to the FEIR is complete, contains a11 required
information, and has been completed in compliance with CEQA, utilizing
criteria set forth in Section 15164 of the CEQA Guidelines.
2. Addendum No. 2 is the appropriate document because changes and
modifications proposed by the Entitlements are necessary but do not
trigger any of the conditions set forth in CQEA Guidelines Section 15162
(see below).
CITY COiTNCIL RESOLUTION NO. 2007-62
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3. The Entitlements do not introduce any new significant environmental
effects, nor will they result in any new significant una~oidable project
impacts beyond those previously identified in the FEIR.
4. The Entitlements do 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 FEIR was
certified, to show that the Entitlements 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 Entitlements,
that mitigation measures or alternatives previously found infeasible
would in fact be feasible, ar that new mitigation measures are necessary
for the Entitlements.
SECTION 2. Based upon the foregoing, and based upon all oral and written
testimony and other evidence presented, the City Council hereby adopts
Addendum No. 2 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 24th day of April, 2007, by
the following vote:
AYES: COiJNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER,
MAGEE
NQES: COiJNCILMEMBERS: NONE
ABSENT: COiTNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NON
obert E. Mag , Mayor
City of Lake E sinare
CITY COiTNCIL RESOLUTION NO. 2007-62
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ATTEST:
~~~ ~s~t~l~d a t' il~~1 ~
Michelle Soto, Interim City Clerk
AP ROVED AS~' FO
, ~ ,,
I ,GL'~I,~ d ar~ r. ~ _-
~arbara Ze}~'d Leibold, City Attomey
City of Lake Elsinore