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HomeMy WebLinkAboutCC Reso No 2007-191RESOLUTION NO. 2007- 191 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION (LAFCO) TO COMMENCE PROCEEDINGS TO ANNEX THE TERRITORY DESIGNATED AS ANNEXATION NO. 82 INTO THE CORPORATE BOUNDARIES OF THE CITY OF LAKE ELSINORE WHEREAS, the City of Lake Elsinore (the "City") has initiated proceedings to annex into the City's corporate boundaries approximately five hundred and eighty nine (589) acres of land which is currently within the City's Sphere of Influence and which is bound to the south and east by the City of Lake Elsinore, to the west by the Cleveland National Forest and to the north by the eonditionally approved Pacific Clay Annexation (the "Running Deer Territory") into the corporate boundaries of the City of Lake Elsinore; and WHEREAS, Annexation No. 82 is being requested pursuant to that certain condition of approval imposed upon the Pacific Clay Annexation requiring that the City of Lake Elsinore submit an application to commence annexation proceedings for the Running Deer Territory and pursuant to the Cortese-Knax-Hertzberg Local Government Reorganization Act of 2000 (Government Code Section 56000-56001); and WHEREAS, the Planning Commission of the City of Lake Elsinore held a public hearing on Annexation No. 82 at a duly noticed public hearing on October 16, 2007; and WHEREAS, public notice of said application has been given, and the City Council has considered the Planning Commission's recommendation, and evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on November 13, 2007. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the request for Annexation No. 82, prior to making a decision to commence proceedings to annex the Running Deer Territory. The City Council finds and determines that Negative Declaration No. 2007- 03 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) based upon the findings and determinations set forth in the Planning Commission resolution recommending that the City Council adopt Negative Declaration No. 2007-03. SECTION 2. That in accordance with Cortese Knox Act, State Planning and Zoning faw, and the Lake Elsinore Municipal Code, fhe City Council makes the 1 following findings to support the request to commence annexation proceedings for Annexation No. 82: 1. The proposed annexation area 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 Running Deer Territory is contiguous to the western boundaries of the City of Lake Elsinore. Annexation 82 promotes the reasonab/e extension of the City boundary area by eliminating pockets/islands of County jurisdiction. In addition, Riverside LAFCO conditionally approved the Pacific Clay Annexation (City of Lake Elsinore Annexation No. 72, LAFCO Annexation 2005-81-1) on March 23, 2006, by Resolution 21-06 to require that the City submif an application to LAFCO for the annexation of fhe Running Deer Territory. Public services and ufilifies will be provided to this newly annexed area by the City of Lake Elsinore. 2. The proposed annexation will not result in any adverse significant impacts on the environment. The annexafion will not have a significant effect on the environment and is consistent with the City's General Plan. Negative Declaration No. 2007-03 is adequate and prepared in accordance with the requirements of the California Environmental QualityAct (CEQA). 3. The proposed annexation will allow development of a well-designed project in the City. This proposal is limited to the action of Pre-Zoning the Running Deer Territory and commencing annexation proceedings therefor. No development proposal is being considered with this annexation. Furfher, the allowable densities under the City's land use designation and pre-zoning are equivalent to the densities allowable under the Counfy's existing land use and zoning. SECTION 3. Based upon all of the evidence presented, both written and testimonial, and the above findings, the City Council hereby commences annexation proceedings for Annexation No. 82. SECTION 4. That LAFCO take proceedings for the annexation of the territory identified as Running Deer (Annexation No. 82), according to the terms and conditions stated above and in the manner provided by the Cortese-Knox Act. SECTION 5. This resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 13th day of November 2007. ROBERT E.MAG ,MAYOR CITY OF LAKE INORE P;TT/E`ST: V /~ ~ ~- .YIA ~/~-~+ VIVIAN MUNSON CITY CLERK APPROVED AS TO FORM: ~ 1/\/1.~~- BARBARA ZEID LEIBOLD; CITY ATTORNEY CITY OF LAKE ELSINORE STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ) ss. ) i, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2007-191 was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 13th day of November 2007, and that the same was adopted by the following vote: AYES: Mayor Magee, Mayor Pro Tem Hickman, Councilmember Buckley, Councilmember Kelley, Councilmember Schiffner NOES: None ABSTAIN: None ABSENT: None ti.____ rin.. ~ q.- VIVIAN M. MUNSON CITY CLERK RESOLUTION NO. 2007- 192 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 2007-05 WHEREAS, the City of Lake Elsinore is considering an amendment to the General Plan Land Use Map, General Plan Amendment No. 2007-05, which will change the City's boundary (the "General Plan AmendmenY') to incorporate 589 acres of land that is bound by the City of Lake Elsinore to the south and east, by the Cleveland National Forest to the west, and the conditionally approved Pacific Clay Annexation to the north (the "Running Deer Territory"); and WHEREAS, Government Code Section 65358 empowers the legislative body to amend ail or part of an adopted General Plan if to do so wouid be in the public interest and so long as no mandatory element of the General Plan is amended more frequently than four times during any ealendar year; and WHERE/AS, this General Plan Amendment is part of the City's Third (3`d) cycle of amendments to the Lake Elsinore General Plan Land Use Map for the 2007 calendar year; and WHEREAS, after considering the General Plan Amendment at a regular meeting held on October 16, 2007, the Pianning Commission of the City of Lake Elsinore recommended that the City Council approve General Plan Amendment No. 2007-05; and WHEREAS, public notice of the General Plan Amendment has been given and the City Council has considered the Planning Commission's recommendation and evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on November 13, 2007. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFONIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed Generai Plan Amendment prior to making a decision. The City Council finds and determines that the General Plan Amendment comports with the goals and policies of the Lake Elsinore G~neral Plan and the Lake Elsinore Municipal Code. Moreover, the General Plan Amendment comports with the requirements of the California Planning and Zoning Law. Lastly, the City Council finds and determines that Negative Declaration No. 2007-03 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA). SECTION 2. That in accordance with the California Planning and Zoning Law and the Lake Elsinore Municipal Code, the City Council hereby makes the following findings for the approval of General Plan Amendment No. 2007-05: 1 1. The proposed Generai Plan Amendment wili 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 General Plan Amendment has been analyzed relative to its potential to be detrimenfal to the health, safety, comfort and welfare of fhe persons residing or working within the neighborhood of the proposed amendment. The proposed land use designations of Very Low Density Residential; Mountainous, and Open Space are consistent with the County's General Plan Land Use designations. 2. The proposed General Plan Amendment will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. The proposed land use designations of Very Low Density Residential, Mountainous, and Open Space are consistent with the Counfy's General Plan Land Use designations. Therefore, there is little or no change to the anticipated land use for the site. 3. The proposed General Plan Amendment would establish a land use density and usage more in character with the subject property's location, access, and constraints. The General Plan Amendment proposes a boundary adjustment and the proposed land use designations of Very Low Density Residential, Mountainous, and Open Space are consistent with the County's General Plan Land Use designations. 4. The proposed General Plan Amendment will not have a significant effect on the environment. , The General Plan Amendment does not propose any significanf change to existing land use designafions and will not result in any significant environmental impacts as explained in Negative Declaration No. 2007-03. SECTION 3. Based upon all of the evidence presented, both written and testimonial, and the above findings, the City Council hereby approves General Plan Amendment No. 2007-05. SECTION 4. This resolution shall take effect from and after the date of its passage and adoption. 2 PASSED, APPROVED AND ADOPTED on this 13th ~ay of November 2007. I~BERT ~. MAGEE~AYOR CITY OF LAKE ELSTf~l~ORE ATTEST: ~ V~ VIVIAN MUNSON CITY CLERK APPROVED AS TO FORM: ~~. ~a_ BARBARA ZEID LEIBOLD, CITY ATTORNEY CITY OF LAKE ELSINORE 3 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ) ss. ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2007-192 was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 13th day of November 2007, and that the same was adopted by the following vote: AYES: Mayor Magee, Mayor Pro Tem Hickman, Councilmember Buckley, Councilmember Kelley, Councilmember Schiffner NOES: None ABSTAIN: None ABSENT: None M....~,Q,~J VIVIAN M. MUNSON CITY CLERK 4