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Home My WebLink AboutCC Reso No 2015-047 City Council Reso.RESOLUTION NO. 2015 -047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE COMMENCING PROCEEDINGS TO ANNEX THE TERRITORY DESIGNATED AS ANNEXATION NO. 83 INTO THE CORPORATE BOUNDARIES OF THE CITY OF LAKE ELSINORE WHEREAS, Eric Werner, Nichols Road Partners, LLC has submitted an application to annex 666.66 acres of land within the City's Sphere of Influence ( "Annexation Area ") generally located north and south of Nichols Road and generally bounded by Interstate 15 to the west and south and El Toro Road to the east into the corporate boundaries of the City of Lake Elsinore; and WHEREAS, the proposed annexation consists of properties owned by Nichols Road Partner's LLC (APN 389 - 210 -008, 389 - 210 -032, 389 -210 -036, 389 - 210 -034 and 390 - 230 -005); the Western Riverside County Regional Conservation Authority (RCA) (APN 390 - 270 -007 and 390 - 270 -009); the Bureau of Land Management (APN 390 -230- 008; and, Elsinore Valley Unified School District (APN 389 -210 -037, 389 - 210 -039); and WHEREAS, the annexation proposal is made pursuant to the Cortese -Knox- Hertzberg Local Government Reorganization Act of 2000 (Government Code Sections 56000 et seq.); and WHEREAS, consistent with the requirements of Government Code Sections 56375 and 65859, Eric Werner, Nichols Road Partners, LLC, has initiated Pre - Annexation Zone Change No. 2014 -02 to determine the zoning that will apply to the Property upon annexation into the City; and WHEREAS, the Project is subject to the provisions of the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.: "CEQA ") and the State Implementation Guidelines for CEQA (14 California Code of Regulations Sections 15000, et seq.: "CEQA Guidelines ") because the Project involves an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and involves the issuance of a lease, permit license, certificate, or other entitlement for use by one or more public agencies (Public Resources Code Section 21065); 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 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 City Council Resolution No. 2015 -047 Page 2 of 4 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 WHEREAS, the potential environmental impacts of the General Plan's land use designations for property within the City limits and within the City of Lake Elsinore's Sphere of Influence were evaluated in the certified RP -EIR; and WHEREAS, an Initial Study /Addendum to the General Plan Update Recirculated Program Environmental Impact Report (GPU EIR) (SCH No. 2015121019) was prepared to provide an evaluation of potential site - specific environmental effects that could result from the proposed Project, compared those effects to what was disclosed by the GPU EIR and concluded that the significant effects that would result from the Project have been addressed in the earlier certified GPU EIR; and WHEREAS, the Planning Commission has been delegated with the responsibility of making recommendations to the City Council pertaining to annexations; and WHEREAS, on April 21, 2015 at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item; and adopted Planning Commission Resolution No. 2015 -36 recommending that the City Council commence annexation proceedings for the Annexation Area of Annexation No. 83; and WHEREAS, on May 26, 2015, at a duly noticed public meeting, the City Council has considered the recommendation of the Planning Commission as well as 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 HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has reviewed and analyzed the request for annexation pursuant to the Planning and Zoning Laws (Cal. Gov. Code §§ 65000 et seq.), the City of Lake Elsinore General Plan and the Lake Elsinore Municipal Code. SECTION 2. That in accordance with the Cortese -Knox Hertzberg Local Government Reorganization Act of 2000, State Planning and Zoning law, the City of Lake Elsinore General Plan and the City of Lake Elsinore Municipal Code ( "LEMC "), the City Council makes the following findings for the approval of Annexation No. 83: 1. The proposed annexation is contiguous to the City of Lake Elsinore, is within the City of Lake Elsinore Sphere of Influence, and will not create pockets or islands. City Council Resolution No. 2015 -047 Page 3 of 4 The Annexation Area borders the City of Lake Elsinore, is within the City of Lake Elsinore's Sphere of Influence and is adjacent to the Alberhill Ranch Specific Plan. The annexation proposes a reasonable and desirable extension of the city boundary area and includes public property, owned by the Western Riverside County Regional Conservation Authority (RCA), the Lake Elsinore Unified School District and the Bureau of Land Management in order to avoid creating pockets of County property adjacent to the City limits. 2. The proposed action will be consistent with the latest General Plan. a. 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 annexation 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." b. The proposed annexation will retain the land use designations shown on the City of Lake Elsinore's General Plan Land Use Map. The Annexation Area is designated for General Commercial, Open Space, Hillside Residential, and Public Institutional land uses as adopted for the annexation area by the Lake Elsinore City Council on December 13, 2011. 3. In accordance with the requirements of the California Environmental Quality Act (CEQA), impacts have been reduced to a less than significant level, or in the case where impacts remain, a statement of overriding considerations must be adopted to justify the merits of project implementation. On December 11, 2011, the City Council approved and certified a Recirculated Program Environmental Impact Report which analyzed the environmental impacts associated with the development of the General Plan land use designations for the City and its Sphere of Influence (State Clearinghouse No. 2005121019). In accordance with Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, the proposed amendments to previously approved projects do not present substantial changes or reveal new information that would require Subsequent or Supplemental EIR analysis. However, some changes or additions to the information contained in the certified EIR is necessary in order to approve the proposed project. For this reason, pursuant to Section 15164 of the CEQA Guidelines, an Initial City Council Resolution No. 2015 -047 Page 4 of 4 Study /Addendum to the General Plan Update Recirculated Program Environmental Impact Report (GPU EIR)(SCH No. 2015121019) was prepared to provide an evaluation of potential site - specific environmental effects that could result from the proposed Project, compared those effects to what was disclosed by the GPU EIR and concluded that the significant effects that would result from the Project have been addressed in the earlier certified GPU EIR. The Initial Study /Addendum constitutes Addendum 91 to the General Plan Update Recirculated Program Environmental Impact Report (SCH No. 2015121019). SECTION 3. The City Council has considered the proposed Annexation No. 83 and based upon the evidence presented and the attached conditions of approval, the City Council hereby commences annexation proceedings for the Annexation Area of Annexation No. 83. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 26thday of May 2015, by the following vote: Mayor APPROVED AS TO FORM B bars Leibold, City Attorney CONDITIONS OF APPROVAL FOR ANNEXATION NO. 83 (NICHOLS ROAD) GENERAL 1. The proposed project (Annexation No. 83) is a proposal to annex 666.66 acres of land within the City's Sphere of Influence properties [owned by Nichols Road Partner's LLC (APN 389 -210 -008, 389 - 210 -032, 389 - 210 -036, 389 - 210 -034 and 390 - 230 -005); the Western Riverside County Regional Conservation Authority (RCA) (APN 390 - 270 -007 and 390 - 270 -009); the Bureau of Land Management (APN 390 - 230 -008; and, Elsinore Valley Unified School District (APN 389 -210 -037, 389 - 210 -039)) generally located north and south of Nichols Road and generally bounded by Interstate 15 to the west and south and El Toro Road to the east into the corporate boundaries of the City of Lake Elsinore. 2. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning Annexation No. 83. 3. Within 30 days of project approval, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 4. The applicant shall submit a check in the amount of $50.00 made payable to the County of Riverside for the filing of a Notice of Determination. The check shall be submitted to the Planning Division for processing within 48 hours of the City Council commencement of annexation proceedings for the Annexation Area of Annexation No. 83. 5. The applicant shall be responsible for payment of all application fees required at the time of annexation application submittal to LAFCO, as well as any and all fees that might be required subsequent to LAFCO approval of the annexation. 6. The applicant shall cooperate with the City and shall prepare at its own expense any and all documents required by LAFCO for completion of Annexation No. 83, including but not limited to Maps and Legal descriptions prepared in accordance with LAFCO requirements. Page 1 of 1 City Council May 26, 2015 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Virginia Bloom, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2015 -047 was adopted by the City Council of the City of Lake Elsinore, California, at a Regular meeting held on the 26th day of May 2015, and that the same was adopted by the following vote: AYES: Council Johnson NOES: None ABSENT: None ABSTAIN: None Member Magee, Council Member Hickman, Council Member Mayor Pro Tern Tisdale and Mayor Manos l� VirginiajJ. Blodffi, City Clerk