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. 1989100207) FOR MENIFEE NORTH SPECIFIC PLAN AMENDMENT NO. 5 (PLN21-0276), TENTATIVE TRACT MAP NO. 38132 (PLN21-0274) AND TENTATIVE TRACT MAP NO. 38133 (PLN21-0272)
WHEREAS, on August 5, 2021, the applicant, Richland Ventures, Inc., filed a formal application with the City of Menifee for the approval of the Menifee North Specific Plan Amendment (SPA) No. 5 (PLN21-0276), Tentative Tract Map (TTM) No. 38132 (PLN21-0274) and TTM No. 38133 (PLN21-0272); 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, in December of 1994, the County certified a Final Environmental Impact Report (FEIR), Technical Studies, and Mitigation Monitoring and Reporting Plan (MMRP) (attached as Exhibit “B”) (State Clearinghouse No. 1989100207) for the Menifee North Specific Plan No. 260 (SP 260) to analyze and mitigate the Project's potentially significant environmental impacts; and
WHEREAS, a previous addendum was prepared and approved by Riverside County in 2004; and
WHEREAS, in connection with the proposed Project, Addendum No. 2 to SP 260 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 SP 260 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 Project was originally scheduled to be heard by the Planning Commission on February 14, 2024; and
WHEREAS, on February 14, 2024 the Planning Commission voted to continue the project to a future Planning Commission Hearing; and
WHEREAS, on March 13, 2024, the Planning Commission of the City of Menifee held a public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for the Project including the consideration of the Addendum to the SP 260 FEIR, which hearing was publicly noticed by a publication in The Press Enterprise, a newspaper of general circulation, an agenda posting, notices placed on the project site, notice Menifee North SPA - EIR Addendum
April 17, 2024
4 8
2 7
1 to property owners and non-owner residents within 300 feet of the Project boundaries, notice to all relevant agencies and to persons requesting notification; and WHEREAS, the Planning Commission has carefully considered all comments received from the public as well as the information provided by City staff regarding environmental review; and
WHEREAS, at the April 3, 2024, City Council voted to continue the project to the April 17, 2024 City Council Hearing; and
WHEREAS, on April 17, 2024, the City Council held a duly noticed public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for the Project, which hearing was publicly noticed in The Press Enterprise, a newspaper of general circulation, an agenda posting, on-site posting, notice to property owners within 300 feet of the Project boundaries, and to persons requesting public notice; and
NOW, THEREFORE, the City Council of the City of Menifee hereby make the following findings as established by CEQA:
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 SP 260 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 SP 260 FEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and
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 SP 260 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 SP 260 FEIR;
(b) Significant effects previously examined will be substantially more severe than shown in the SP 260 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 Menifee North SPA - EIR Addendum
April 17, 2024
4 8
2 7
1 the proposed Project, but the project proponent declines to adopt the mitigation measures or alternatives; or
(d) Mitigation measures or alternatives which are considerably different from those analyzed in the SP 260 FEIR would substantially reduce one or more significant effects on the environment, but the Project proponent declines to adopt the mitigation measures or alternatives.
Section 3. In connection with the proposed Project and this City Council’s review of the Addendum to SP 260 FEIR, this City Council has independently reviewed the Addendum and has exercised its independent judgment in making the findings and determinations set forth herein.
Section 4. Pursuant to the above findings, this City Council determines that the SP 260 FEIR, together with the Addendum, satisfy all of the requirements of CEQA and are adequate to serve as the required environmental documentation for the proposed Project and, therefore, hereby approves and adopts the Addendum to the SP 260 FEIR for the proposed Project.
PASSED, APPROVED AND ADOPTED this 17th day of April, 2024.
Bill Zimmerman, Mayor
Attest:
Stephanie Roseen, Acting City Clerk
Approved as to form:
Jeffrey T. Melching, City Attorney