RESOLUTION NO. 24-_________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA ADOPTING AN ADDENDUM TO THE PREVIOUSLY CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT (SCH NO. 2014051029) FOR CIMARRON RIDGE SPECIFIC PLAN AMENDMENT (PLN23-0060), MAJOR MODIFICATION TO TENTATIVE TRACT MAP NO. 36658 (PLN22-0246) AND DEVELOPMENT AGREEMENT AMENDMENT (PLN 23-0241)
WHEREAS, on October 12, 2022, the applicant, Pulte Home Company LLC, filed a formal application with the City of Menifee for the approval of the Cimarron Ridge Specific Plan Amendment (SPA) No. PLN23-0060, Major Modification (MJMOD) to Tentative Tract Map (TTM) No. 36658 (PLN22-0246) and Development Agreement (DA) Amendment No. PLN23-0241; and WHEREAS, the City is the Lead Agency under the California Environmental Quality Act (CEQA), Public Resources Code §§ 21000 et seq.; and
WHEREAS, collectively, all the applications are referred to as the “Project”; and WHEREAS, the approval of the Project constitutes a discretionary approval, which is part of a “project” as that term is defined in CEQA Guidelines § 15378 and which itself requires review under CEQA; and
WHEREAS, on October 21, 2015, the City certified a Final Environmental Impact Report (FEIR), Technical Studies, and Mitigation Monitoring and Reporting Plan (MMRP) (State Clearinghouse No. 2014051029) for the Cimarron Ridge Specific Plan to analyze and mitigate the project's potentially significant environmental impacts; and WHEREAS, in connection with the proposed Project, an Addendum to the Cimarron Ridge Specific Plan FEIR (herein referred to as the “Addendum”), a copy of which is on file with the Community Development Department and attached as Exhibit “A”, has been prepared pursuant to the provisions of Section 15164 of the CEQA Guidelines in order to determine whether any significant environmental impacts which were not identified in the Cimarron Ridge Specific Plan FEIR would result from the proposed Project or whether previously identified significant impacts would be substantially more severe in connection with the proposed Project; and WHEREAS, the Planning Commission conducted a duly noticed public hearing on February 28, 2024 and recommended the adoption of the Addendum, where the public was allowed to comment on the proposed Project including the Addendum to the FEIR; and WHEREAS, the City Council conducted a duly noticed public hearing on March 20, 2024, where the public was allowed to comment on the proposed Project including the Addendum to the FEIR; and
WHEREAS, the City Council has carefully considered all of the comments received from the public as well as the information provided by City staff regarding environmental review.
NOW, THEREFORE, the City Council of the City of Menifee resolves as follows:
Cimarron Ridge – Addendum to FEIR (SPA, MJMOD & DA Amendment) March 20, 2024
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3 Section 1. That the Addendum was prepared for the proposed Project in compliance with the requirements of CEQA and the CEQA Guidelines.
Section 2. That, based upon the evidence submitted and as demonstrated by the analysis included in the Addendum, none of the conditions described in Sections 15162 or 15163 of the CEQA Guidelines calling for the preparation of a subsequent or supplemental Environmental Impact Report (EIR) or negative declaration have occurred; specifically:
1. There have not been any substantial changes in the Project that require major revisions of the Cimarron Ridge Specific Plan FEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
2. 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 Cimarron Ridge Specific Plan FEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
3. 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 Cimarron Ridge Specific Plan FEIR was certified as complete and adopted, that shows any of the following:
(a) The proposed Project will have one or more significant effects not discussed in the Cimarron Ridge Specific Plan FEIR;
(b) Significant effects previously examined will be substantially more severe than shown in the Cimarron Ridge Specific Plan FEIR;
(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 proposed Project, but the project proponent declines to adopt the mitigation measures or alternatives;
(d) Mitigation measures or alternatives which are considerably different from those analyzed in the Cimarron Ridge Specific Plan FEIR would substantially reduce one or more significant effects on the environment, but the Project proponent declines to adopt the mitigation measures or alternatives.
Therefore, the previous MMRP remains valid, and it is included as Appendix A to the proposed Addendum to the FEIR for Cimarron Ridge Specific Plan.
Section 3. In connection with the proposed Project and this City Council’s review of the Addendum to the Cimarron Ridge Specific Plan FEIR, the City Council has independently reviewed the Addendum and has exercised its independent judgment in making the findings and determinations set forth herein.
Cimarron Ridge – Addendum to FEIR (SPA, MJMOD & DA Amendment) March 20, 2024
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3 Section 4. Pursuant to the above findings, this City Council determines that the Cimarron Ridge Specific Plan FEIR, together with the Addendum, satisfy all the requirements of CEQA and are adequate to serve as the required environmental documentation for the proposed Project and, therefore, adopts the Addendum to the Cimarron Ridge Specific Plan FEIR for the proposed Project.
Section 5: Location and Custodian of Record of Proceedings. The Community Development Department of the City of Menifee, located at 29844 Haun Road, Menifee, CA 92586, is hereby designated as the custodian of the documents and other materials which constitute the record of proceedings upon which the City Council’s resolution is based, which documents and materials shall be available for public inspection and copying in accordance with the provisions of the California Public Records Act (Government Code §§ 6250 et seq.) during normal business hours.
PASSED, APPROVED AND ADOPTED this 20th day of March 2024.
Bill Zimmerman, Mayor
ATTEST:
Stephanie Roseen, Acting City Clerk
APPROVED AS TO FORM:
Jeffrey T. Melching, City Attorney