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Home My WebLink AboutPC Reso No 2015-36 (Nichols Rd-Annex)RESOLUTION NO. 2015.36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE COMMENCEMENT OF ANNEXATION NO,83 WHEREAS, Eric Werner, Nichols Road Partners, LLC has submitted an application to annex 666.66 acres of land within the City's Sphere of lnfluence ("Annexation Area") generally located north and south of Nichols Road and generally bounded by lnterstate 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 SS 21000, et seq.: "CEQA") and the State lmplementation 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 lmpact 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.: .CEOA'), the State Guidelines for lmplementation of the California Environmental Quality Act (California Code of Regulations, Sections 15000 et seq.: the "State CEQA Guidelines"), and the City's Procedures for lmplementing the State CEQA Guidelines and its other procedures relating to environmental evaluation of public and private projects; and PLANNING COMMISSION RESOLUTION NO. 2015-36 PAGE 2 OF 5 WHEREAS, on December 13,2011 the City Council of the City of Lake Elsinore certified the RP-ElR 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 lnfluence were evaluated in the certified RP-ElR; and WHEREAS, an lnitial Study/Addendum to the General Plan Update Recirculated Program Environmental lmpact 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 has considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW THEREFORE, THE PLANNING COMMISSION 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 the request for annexation pursuant to the Planning and Zoning Laws (Cal. Gov. Code SS 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 Planning Commission makes the following findings for the approval of Annexation No. B3: 1. The proposed annexation is contiguous to the City of Lake Elsinore, is within the City of Lake Elsinore Sphere of lnfluence, and will not create pockets or islands. The Annexation Area borders the City of Lake Elsinore, is within the City of Lake Elsinore's Sphere of lnfluence 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 PLANNING COMMISSION RESOLUTION NO. 2015-36 PAGE 3 OF 5 District and the Bureau of Land Management in order to avoid creating pockets of County properly adjacent to the City limits. The proposed action will be consistent with the latest General Plan. a. The proposed action will be consistent with the Goals, Policies and lmplementation Programs of the General Plan and the development standards established with the LEMC. The pre-annexation zoning is conslstent with Goal 1 of Chapter 2.0 (Community Form) of the General Plan in that this annexation w// asslsi 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 lnstitutional land uses as adopted for the annexation area by the Lake Elsinore City Council on December 13, 201 1 . ln accordance with the requirements of the California Environmental Quality Act (CEOA), impacts have been reduced to a less than significant level, or in the case where impacts remain, a statement of oveniding 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 lmpact Repofi which analyzed the environmental impacts assoclated with the development of the General Plan land use designations for the City and lfs Sphere of lnfluence (State Clearinghouse No. 20051 21 01 9). ln accordance with Section 15162 of the California Environmental Quality Act PEail 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 1 5164 of the CEQA Guidelines, an lnitial Study/Addendum to the General Plan Update Recirculated Program Environmental lmpact Report (GPU EIR)(SCH No. 2015121019) was prepared to provide an evaluation of potential slle-speclfic 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 2 3 PLANNING COMMISSION RESOLUTION NO. 2015-36 PAGE 4 OF 5 GPU ElR. The lnitial Study/Addendum constitutes Addendum # 1 to the General Plan Update Recirculated Program Environmental lmpact Reporl (SCH No. 2015121019). SECTION 3. The Planning Commission has considered the proposed Annexation No. 83 and based upon the evidence presented recommends that the City Council commence annexation proceedings for the Annexation Area. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 21st day of April 2015, by the following vote: ning Commission C ha irma n LEED Green Associate Planning Manager PLANNING COMMISSION PAGE 5 OF 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE RESOLUTION NO.2015.36 l, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2015-36 as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 21st day of April 2015, and that the same was adopted by the following vote: AYES: CHAIRMAN GRAY, VICE CHAIR JORDAN, COMMISSIONER ARMIT, COMMISSIONER FLEMING, COMMISSIONER RAY NOES: NONE ABSTAIN: NONE ABSENT: NONE )'. Richard J.LEED Green Associate Planning Manager