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Home My WebLink AboutCC Reso No 2016-042 Annexation 84RESOLUTION NO. 2016 -042 ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING OF PRE - ANNEXATION ZONE CHANGE NO. 2014 -02 SUBJECT TO COMPLETION 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, 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, 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 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 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 RP -EIR and concluded that the significant effects that would result from the Project have been addressed in the earlier certified GPU RP -EIR; and, WHEREAS, pursuant to Section 17.188.040 of the Lake Elsinore Municipal Code ( "LEMC ") the Planning Commission has been delegated with the responsibility of making recommendations to the City Council for changes to the official zoning map; and, CITY COUNCIL RESOLUTION NO. 2016 -042 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, pursuant to Section 17.188.050 of the LEMC, the City Council has the authority to approve, modify or disapprove the recommendation of the Planning Commission regarding zone changes; and, WHEREAS, on April 12, 2016, at a duly noticed public hearing the City Council has considered the recommendation made by the Planning Commission and 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. Prior to making a recommendation to the City Council, the Planning Commission has reviewed and analyzed Zone Change No. 2014 -02 pursuant to the Planning and Zoning Laws (Cal. Gov. Code §§ 65000 et seq.) and Chapter 17.188 of the LEMC. SECTION 2. That in accordance with the Cortese -Knox Hertzberg Local Government Reorganization Act of 2000, State Planning and Zoning law and LEMC, the Planning Commission makes the following findings for the approval of Pre - Annexation Zone Change No. 2014 -02: 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 and open space uses to be established within the Annexation Area consistent with the General Plan and providing for future improvement and development of infrastructure 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 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 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." b. The proposed pre- annexation zoning designations conform to and are consistent with the City of Lake Elsinore's General Plan Land Use Map. CITY COUNCIL RESOLUTION NO. 2016 -042 PAGE 3OF4 The proposed pre - annexation zoning designations are consistent with those land use designations contained in General Plan Amendment 2014 -03. 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 No. 2 to the GPU RP -EIR. SECTION 3. The City Council has considered the proposed Pre - Annexation Zone Change No. 2014 -02 and based upon the evidence presented recommends to the City Council approval of the proposed Pre - Annexation Zone Change No. 2014 -02 and amendment to the Zoning Map to conform to the proposed Pre - Annexation Zone Change No. 2014 -02 by adopting the proposed pre- zoning map attached to this Resolution as Exhibit "A ". 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. r �j D Brian Tisdale, Mayor ATTEST: Sus M. Domen, MMC, City Clerk APPROVE AS TO FCHW ara Leibold, City Attorney CITY COUNCIL RESOLUTION NO. 2016 -042 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 -042 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 a Susan M. bcmen, MMC, City Clerk L�J C-4 r� 0 d7 U'). Ci O O N Z Exhibit "A" i _ - N 89 °3,0 2 "E 2689.69' I APN: 349 - 250 -013 APN: 349 - 250 -014 LAND USE: ZONING: LAND USE: ZONING: EXISTING: LDR EXISTING: NONE EXISTING: LDR EXISTING: NONE PROPOSED: LDR PROPOSED: R —H PROPOSED: MDR PROPOSED: R -2 l� I i JI I APN: 349 - 250 -015 J LAND USE: ZONING: P EXISTING: HR EXISTING: NONE I PROPOSED: LDR PROPOSED: R —H 1 f� 1 N89- 14'55 "E 265 .30' 10602 Trademark Pkwy Suite 509 Rancho Cucamonga, CA 91764 Phone: (909) 466 -9240 united engineering group www.unitedeng.com APN: 349 - 250 -016 LAND USE: ZONING: EXISTING. LDR EXISTING: NONE PROPOSED: MDR PROPOSED: R -2 LEGEND LDR LOW DENSITY RESIDENTIAL MDR MEDIUM DENSITY RESIDENTIAL HR HILLSIDE RESIDENTIAL R —H HILLSIDE SINGLE FAMILY RESIDENTIAL R -2 MEDIUM DENSITY RESIDENTIAL w 00 p N Z I N.T.S.