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No. 2012-1301ORDINANCE NO. 2012 -1301 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PRE - ANNEXATION ZONE CHANGE NO. 2012 -01 CHANGING THE OFFICIAL ZONING MAP OF THE CITY OF LAKE ELSINORE, SUBJECT TO THE COMPLETION OF ANNEXATION NO. 81 WHEREAS, the City of Lake Elsinore (the "City ") has commenced proceedings to annex approximately three hundred twenty (320) acres of land within the City's Sphere of Influence generally located southwest of State Route 74 (Central Avenue), west of Waterford Street, and northeast of Dexter Avenue-and Interstate 15 into the corporate boundaries of the City of Lake Elsinore (also referred to as the "3rd Street Annexation "); and WHEREAS, Government Code Section 56375 requires that as a condition to annexation, a city shall pre -zone the territory to be annexed or present evidence satisfactory to the Local Agency Formation Commission ( "LAFCO ") that the existing development entitlements on the territory are vested or built out, and are consistent with the City's general plan; and WHEREAS, on August 14, 2007, the City Council of the City of Lake Elsinore adopted Ordinance No. 1229 approving the pre- annexation zoning designation of "Ramsgate SP" for approximately 75.1 acres of the 3rd Street Annexation area located south of State Route 74 (Central Avenue), north of Wasson Canyon, west of Rosetta Canyon Drive, and east of Cambern and Conard Avenues; and WHEREAS, the City is initiating proceedings to change the zoning designation on the remaining 244.9 acres of land within the 3rd Street Annexation area from the County of Riverside's zoning designations to City's pre- annexation zoning designations; and WHEREAS, the City prepared a Recirculated Program Environmental Impact Report (State Clearinghouse No. 2005121019: the "RP -EIR ") to address the potential environmental impacts of a comprehensive update of its General Plan and of Annexation No. 81 pursuant to the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.: "CEQA "), the State Guidelines for Implementation of the California Environmental Quality Act (California Code of Regulations, Sections 15000 et seq.: the "State CEQA Guidelines "), and the City's Procedures for Implementing the State CEQA Guidelines and its other procedures relating to environmental evaluation of public and private projects; and WHEREAS, on December 13, 2011 the City Council of the City of Lake Elsinore certified the RP -EIR with Errata and Responses to Comments, the Findings of Fact and Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program; and CITY COUNCIL ORDINANCE NO, 2012 -1301 PAGE 2 OF 5 WHEREAS, both the General Plan and proposed Annexation No. 81 were evaluated in the certified RP -EIR and as described above the proposed pre- annexation zoning is consistent with the General Plan's land use designations applicable to the annexation area; and WHEREAS, pursuant to the provisions of Section 15183 of the State CEQA Guidelines where the prior EIR relied upon by the lead agency was prepared for a general plan or community plan, any rezoning action consistent with the general plan or community plan shall not require additional environmental review; and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on March 20, 2012, made its report regarding the proposed pre - annexation zoning and made its recommendations in favor of Pre - Annexation Zone Change No. 2012 -01 by adopting Planning Commission Resolution No. 2012 -16 recommending to the City Council approval of the Pre - Annexation Zone Change No. 2012-01: and WHEREAS, at a duly noticed public hearing on April 10, 2012, the City Council considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. Recirculated Program Environmental Impact Report (State Clearinghouse No. 2005121019: the "RP- EIR ") evaluated the potential environmental impacts of a comprehensive update of its General Plan and of Annexation No. 81 and pursuant to Section 15183 of the State CEQA Guidelines no additional environmental review is required for the proposed Pre - Annexation Zone Change No. 2012 -01. SECTION 2. That in accordance with the Cortese -Knox Hertzberg Local Government Reorganization Act of 2000, State Planning and Zoning law and the City of Lake Elsinore Municipal Code ( "LEMC "), the Planning Commission makes the following findings for the approval of Pre - Annexation Zone Change No. 2012 -01: 1. The proposed zone change will not be: a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. The proposed pre- annexation zoning will not be detrimental, but will be beneficial to the public health, safety, comfort and welfare and will improve the property in the neighborhood and the City by allowing a variety of residential, commercial and open space uses to be established within the 3'd Street Annexation area compatible with the surrounding uses and consistent with the General Plan and providing for future improvement and development of infrastructure CITY COUNCIL ORDINANCE NO. 2012 -1301 PAGE 3 OF 5 improvements such as water and sewer lines, lighting and paving of existing dirt right of ways. 2. The proposed action will be consistent with the Goals, Policies and Implementation Programs of the General Plan and the development standards established with the LEMC. The pre- annexation zoning is consistent with Goal 1 of Chapter 2.0 (Community Form) of the General Plan in that this pre- annexation zoning will assist in achieving the City's goal to "create a diverse and integrated balance of residential, commercial, industrial, recreational, public and open space land uses" and the related Implementation Program to update the Official Zoning Map "to provide consistency between zoning requirements and General Plan land use designations. " 3. The proposed pre- annexation zoning designations conform to and are consistent with the City of Lake Elsinore's General Plan Land Use Map. The proposed R -M -R (Rural Mountainous Residential), R -E (Estate Single - Family Residential), R -1 (Single Family Residential), R -2 (Medium Density Residential), CMU (Commercial Mixed -Use), C -2 (General Commercial), C -O (Commercial Office), C -M (Commercial Manufacturing), OS (Open Space) and Ramsgate SP zoning districts are consistent with the City of Lake Elsinore General Plan's Hillside Residential, Low Density Residential, Low - Medium Density Residential, Medium Density Residential, High Density Residential, Commercial Mixed Use, General Commercial, Business Professional, Public Institutional and Ramsgate Specific Plan land use designations adopted for the annexation area by the Lake Elsinore City Council on December 13, 2011. SECTION 3. Based upon all written reports and comments and oral testimony presented by the Community Development Department, property owners, residents and other interested parties and such other matters are reflected in the record, the City Council of the City of Lake Elsinore hereby approves Pre - Annexation Zone Change No. 2012 -01 with the City's pre- zoning designations shown on the pre- annexation zoning map attached to this Ordinance as Exhibit "A ". SECTION 4. If any provision, clause, sentence or paragraph of the Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 5. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. CITY COUNCIL ORDINANCE NO. 2012 -1301 PAGE 4 OF 5 PASSED, APPROVED, AND INTRODUCED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 10th day of April, 2012, and adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 24th day of April, 2012. Brian Tisdale, Mayor City of Lake Elsinore City Council Virginia Bloo-lgi, City APPR ED AS TO RIM Barb' a Leibold,- City Attorney CITY COUNCIL ORDINANCE NO. 2012 -1301 PAGE 5 OF 5 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF LAKE ELSINORE ) I, VIRGINIA BLOOM, City Clerk of the City of Lake Elsinore, California, hereby certify that Ordinance No. 2012 -1301 was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the 10th day of April, 2012, and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 24th day of April, 2012, by the following roll call vote: AYES: Mayor Pro Tern Hickman, Council Member Weber, Council Member Magee, Council Member Melendez and Mayor Tisdale NOES: None ABSENT: None ABSTAIN: None S H WY -74 rm CITY BOUNDARY CITY PRE - ZONING C -2 - GENERAL COMMERCIAL C -M - COMMERCIAL MANUFACTURING CMU - COMMERCIAL MIXED USE C -O - COMMERCIAL OFFICE OS - OPEN SPACE R -1 - SINGLE FAMILY RESIDENTIAL R -2 - MEDIUM DENSITY RESIDENTIAL R -E - ESTATE SINGLE FAMILY RESIDENTIAL R -M -R- RURAL MOUNTAINOUS RESIDENT E SP - RAMSGATE SPECIFIC PLAN Crry �r LAKE L LSINOKE W. DREAM Q6 RFME ERSIDE PRE - ANNEXATION ZONE CHANGE 2012 -01 3RD STREET ANNEXATION - PRE- ZONING