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Home My WebLink About96-153 CC Resolution RESOLUTION NO. 96-153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA FINDING THAT NEITHER A SUBSEQUENT EIR, A SUPPLEMENTAL EIR NOR FURTHER ENVIRONMENTAL REVIEW IS REQU UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WITH RESPECT TO THE APPROVAL OF A DEVELOPMENT AGREEMIENT BETWEEN THE CITY OF TEMIECULA, FOREST CITY DEVELOPMENT CALIFORNIA INC., AND LGA-7, INC., FOR APPROX@TELY 179 ACRES LOCATED AT THE SOUTHEAST CORNER OF WINCHESTER ROAD AND YNEZ ROAD (PLANNING APPLICATION NO. PA96-0333) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City Council hereby finds determines, and declares as follows: a. In accordance with the procedure specified in Section 65864 ra =. of the Government Code of the State of California and Temecula City Resolution No. 91-52, Forest City Development California, Inc. ("Developer") and LGA-7, Inc. ("Owner") have jointly filed with the City of Temecula an application for a Development Agreement ("Development Agreement") for approximately 179 acres located at the southeast comer of Winchester Road and Ynez Road ("Property") for a regional mall and retail commercial uses, which application has been reviewed and accepted for filing by the Community Development Director; b. Notice of the City's intention to consider adoption of the Development Agreement and to consider the findings under the California Environmental Quality Act that an EIR, supplemental EIR or subsequent EIR is not required has been duly given in the form and manner required by law for both the public hearing before the Planning Commission and public hearing before the City Council; (1) Notice of the public hearings before the Planning Commission and City Council was published in a newspaper of general circulation at least ten (10) days before the public hearings, and mailed or delivered at least ten (10) days prior to the hearings to the project applicants and to each agency expected to provide water, sewer, schools, police protection, and fire protection, and to all property owners within six hundred feet (600') of the Property as shown on the latest equalized assessment roll; Resos\96-153 (2) Notice of the public hearings before the Planning Commission and City Council included the date, time, and place of the public hearing, the identity of the hearing body, a general explanation of the matter to be considered, a general description in text or diagram of the location of the real property that is the subject of the hearing, and notice of the need to exhaust administrative remedies; C. The Planning Commission conducted a duly noticed public hearing on the Development Agreement on December 16, 1996 at which time the Planning Commission heard and considered all of the written material and oral comments presented to it on the proposed environmental findings and the proposed Development Agreement; d. The City Council conducted a duly noticed public hearing on the Development Agreement on December 17, 1996 at which time the City Council heard and considered all of the written material and oral comments presented to it on the environmental findings and the proposed Development Agreement; Section 2. The City Council hereby further finds and determines that the Project has been the subject of extensive prior environmental review: a. On July 13, 1993, following a duly noticed public hearing, the City Council of the City of Temecula adopted Resolution No. 93-57 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING ENVIRONMENTAL IMPACT REPORT NO. 340 WITH ADDENDUM, ADOPTION OF THE STATEMENTS OF OVERRIDING CONSIDERATION AND APPROVAL OF THE MITIGATION MONITORING PROGRAM ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF YNEZ AND WINCHESTER ROADS AND KNOWN AS ASSESSOR'S PARCEL NO(S) 910-130-046, 047; 921-090-001, 002, 003, 004, 005, AND 006, " certifying the Environmental Impact Report for Specific Plan No. 263 and Zone Change 5589 for the Property. b. Additionally, on October 11, 1994, following a duly noticed public hearing, the City Council of the City of Temecula adopted Resolution No. 94- 100 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE ADDENDUM TO THE FEIR NO. 340; TO ADOPT AN ADDENDUM TO FEIR NO. 349 INCLUDING A NEW MITIGATION MONITORING PROGRAM AND DETERMINING NO ADDITIONAL IMPACTS AS A RESULT OF CHANGING THE CIRCULATION MITIGATION MEASURES LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF YNEZ ROAD AND WINCHESTER ROAD. " The Council found at this time that the proposed specific plan and zone change did not change any of the impacts identified in Resos\96-lS3 2 FEIR No. 340, none of the conditions described in Section 15162 of the CEQA guidelines calling for preparation of a subsequent EIR had occurred, only minor technical changes or additions were necessary to make FEIR No. 340 adequate under CEQA, and the changes to the EIR by the Addendum did not raise important new issues about the significant effects on the environment. C. The Staff of the Planning Department has prepared an Initial Study of Environmental Impact, dated December 6, 1996 analyzing the proposed Development Agreement and the prior environmental actions on the Project, which Initial Study is incorporated herein by this reference. d. The Development Agreement currently before the Council incorporates the provisions of the City's General Plan, Specific Plan 263, the current zoning regulations for the Property, the Mitigation Plan of Environmental Impact Report No. 340 and such other ordinances, rules, regulations and official policies governing permitted uses, density, design, improvement, development fees, and construction standards applicable to the Property on the effective date of the Development Agreement. The Development Agreement makes minor adjustments to the procedures for Planning Commission determination of adequate parking spaces, minor adjustments in the procedures for approval by the Director of lighting for the Project, allows for a freeway identification sign for the Project, all as provided for by the Specific Plan, and provides for allocation between the City and Developer of responsibility for construction of the off-site improvements required for the Project. All of the provisions of the proposed Development Agreement which might affect the environment were discussed and analyzed in FEIR 340. e. Therefore, no further environmental review is required for the Project unless required by 14 Cal. Admin. Code Sections 15161 or 15163. Section 3. Based on the evidence in the record before it, and after careful consideration of the evidence, the City Council hereby finds and determines that neither a Subsequent EIR, a Supplemental EIR, nor further environmental review is required for the Development Agreement pursuant to Public Resources Code Section 21166, 14 Cal. Admin. Code Sections 15162 or 15163, based on the following findings of the City Council: a. The elements of the Project as described in the Development Agreement were contemplated and fully and properly analyzed in the EIR certified and approved by the City Council on July 13, 1993 and the Addendum thereto approved on October 11, 1994 for the approval of Specific Plan 263 and Zone Change 5589; b. There have been no subsequent changes to the Project since October 11, 1994 which would require major revisions of the previous FEIR and Resos\96-153 3 Addendum due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. C. Substantial changes have not occurred with respect to the circumstances under which the Project is undertaken which will require major revisions of the previous FEIR and Addendum due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. d. There is no new information since the certification of the previous FEIR and Addendum which would show or tend to show that the Project might have one or more significant effects not discussed in the previous FEIR and Addendum. e. There is no new information since the certification of the previous FEIR and Addendum which would show or tend to show that significant effects previously examined might be substantially more severe than shown in the FEIR and Addendum. f. There is no new information since the certification of the FEIR and Addendum which would show or tend to show that 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. 9- There is no new information since the certification of the FEIR and Addendum which would show or tend to show that mitigation measures or alternatives which are considerably different from those analyzed in the previous FEIR and Addendum would substantially reduce one or more significant effects on the environment. Resos\96-153 4 Section 3. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula on December 17, 1996. @indemans, Mayor ATTEST: junk. Greek, CMC City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA 1, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the Resolution No. 96-153 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on December 17, 1996, by the following vote, to wit: AYES: 5 COUNCILMEMBERS: Birdsall, Ford, Roberts, Stone, Lindemans NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None J Greek, CMC City Clerk Resos%96-153 5