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Home My WebLink AboutCC Reso No 2106-043 Annexation 84RESOLUTION NO. 2016 -043 ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PRE ANNEXATION AGREEMENT AND COMMENCEMENT OF ANNEXATION NO. 84 WHEREAS, Bruce Vinci, RHW, LLC has submitted an application to annex 160 acres of land under his ownership, within the City's Sphere of Influence ( "Annexation Area ") generally located north of Greenwald Avenue on Dowling Street extension and specifically referred to as Assessor Parcel Numbers 349 - 250 -013, 349 - 250 -014, 349 - 250 -015 and 349 - 250 -016; 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, Bruce Vinci, RHW, 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 CEQA (California Public Resources Code Sections 21000 et seq.: "CEQA "), the State Guidelines for Implementation of the CEQA (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, 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 RP -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, CITY COUNCIL RESOLUTION NO. 2016 -043 PAGE 2OF4 WHEREAS, on March 15, 2016, at a duly noticed public hearing the Planning Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item; and, WHEREAS, on April 12, 2016, 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 (LEMC). 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 LEMC, the Planning Commission 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. The Annexation Area borders the City of Lake Elsinore and is within the City of Lake Elsinore's Sphere of Influence. The annexation proposes a reasonable and desirable extension of the city boundary area and includes public property, owned by the applicant 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, recreatlbnat, 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 proposed project consists of a General Plan Amendment which would modify the existing the Land Use designations in manner which would permit the transfer of densities. The proposed pre annexation agreement restricts the intensity of development which will retain the intensity of development identified in the current General Plan Land Use designations. CITY COUNCIL RESOLUTION NO. 2016 -043 PAGE 3OF4 3. In accordance with the requirements of the 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 RP -EIR 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 CEQA Guidelines, the proposed amendments to previously approved projects do not present substantial changes or reveal new information that would require Subsequent or Supplemental RP -EIR analysis. However, some changes or additions to the information contained in the certified RP- EIR is necessary in order to approve the proposed project. For this reason, pursuant to Section 15164 of the CEQA Guidelines, an Initial Study /Addendum to the GPU RP- EIR 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 RP -EIR and concluded that the significant effects that would result from the Project have been addressed in the earlier certified GPU RP -EIR. The Initial Study /Addendum constitutes Addendum # 1 to the GPU RP -EIR. SECTION 3. The City Council has considered the proposed Annexation No. 84 and based upon the evidence presented and hereby commences annexation proceedings for the Annexation Area of Annexation No. 84. 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 the 12th day of April, 2016. ATTEST: a asan M. Domen, MMC, City Clerk Bria isdale, mayor APPROVE AS TO F ME tiara Leibold, City Attorney CITY COUNCIL RESOLUTION NO. 2016 -043 PAGE 4OF4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2016 -043 was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 12th day of April, 2016 by the following vote: AYES: Council Members Manos, Johnson and Hickman, Mayor Pro Tern Magee, and Mayor Tisdale NOES: None ABSTAIN: None ABSENT: None Sus M. Domen, MMC, City Clerk