HomeMy WebLinkAboutCC Reso No 2006-162RESOLUTION NO. 2006-162
[CORRECTED nunc pro tunc]
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA REQUESTING THAT
LAFCO COIVINIENCE PROCEEDINGS TO ANNEX THE
TERRITORY DESIGNATED AS ANNEXATION NO. 77 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 boundaries approximately one hundred fifty-
four (154) acres of land which is located adjacent to State Route 74, East of Trellis
Lane ("Annexation No. 77"), and which is presently within the jurisdiction of the
county of Riverside but within the City's Sphere of Influence; and
WHEREAS, Annexation No. 77 is being processed pursuant to the
provisions of the Cortese-Knox-Hertzberg Local Government Reorganization Act
of 2000 (Cal. Gov. Code §§ 56000 et seq.: "Cortese-Knox AcY'); and
WHEREAS, in accordance with the Cortese-Knox Act, and as a condition
of the proposed annexation, the City of Lake Elsinare has initiated Pre-Zoning No.
2006-04 for Annexation No. 77; and
WHEREAS, pursuant to the Califomia Environmental Quality Act (Cal.
Pub. Res. Code §§ 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R.
§§ 15000 et seq.), Mitigated Negative Declaration No. 2005-12 was prepared to
mitigate to a level of insignificance any potentially significant environmental
effects presented by Annexation No. 77; and
WHEREAS, the Planning Commission opened the public hearing on
Annexation No. 77 at a duly noticed public hearing on August 1, 2006; and
WHEREAS, in response to the public comments shar~d at the August 1,
2006 meeting, the Planning Commission voted to continue the public hearing on
Annexation No. 77 until the regularly scheduled meeting of September 19, 2006;
and
CITY COiJNCIL RESOLUTION NO. 2006-162 [CORRECTED nunc pro tunc].
PAGE 2 OF 4
WHEREAS, on September 19, 2006, the Plam~ing Commission considered
additional evidence presented by the Community Development Department and
other interested parties with regard to the annexation application; and
WHEREAS, public notice of said application has been given, and the City
Council has considered evidence presented by the Community Development
Depariment and other interested parties at a public hearing held with respect to this
item on September 26, 2006; and
WHEREAS, on or about October 30, 2006, the Riverside Local Agency
Formation Commission ("LAFCO") requested that the City of Lake Elsinore
correct its originally adopted version of Resolution No. 2006-162 to include
language directing LAFCO to commence proceedings to annex the subject territory
into the City's boundaries; and
WHEREAS, Resolution No. 2006-162 has been corrected nunc pro tunc to
include language in Section 4 consistent with the City Council's action requesting
that LAFCO commence proceedings to annex the subject territory into the City's
boundaries.
NOW THEREFORE, THE CITY COUNCIL OF THE CTTY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERIVIINE AND ORDER AS
FOLLOWS:
SECTION 1. The City Council has considered the proposed Annexation
prior to making its decision. The City Council adopts Mitigated Negative
Declaration Na 2006-04 prepared for this project as adequate and prepared in
accordance with the requirements of the California Environmental Quality Act
(CEQA) which analyzes environmental effects of the proposed project.
SECTION 2. That in accordance with the Cortese-Knox Act, State
Planning and Zoning law, and the Lake Elsinore Municipal Code, the City Council
makes the following findings for the approval of Annexation No. 77:
CITY COUNCIL RESOLUTION NO. 2006-162 [CORRECTED nunc pro tunc].
PAGE 3 OF 4
l. The proposed annexation area is contiguous to the City of Lake Elsinore
and will not create pockets or islands.
Annexation No. 77 borders the City and is within its Sphere of Influence.
The annexation proposes reasonable extension of the city boundary area
in that the annexation of the proposed parcels will eliminate a pocket
area.
2. The proposed annexation will not result in any adverse significant
impacts on the environment.
Based upon the mitigation measures contained in Mitigated Negative
Declaration No. 2005-12 and the conditions of approval attached to the
Staff Report, all potentially significant environmental impacts presented
by Annexation No. 77 will be mitigated to a level of insignificance in
satisfaction of the requirements of CEQA.
3. The proposed annexation will eliminate an existing undesired pocket of
the county area and will assist in the efficient provision of government
services.
The 154 acres of land proposed for annexation are presently within the
jurisdiction of the County of Riverside. The land which makes-up
Annexation No. 77 is flanked on all sides by the City of Lake Elsinore's
corporate boundaries. The current configuration creates a pocket area
of land which is within the County of Riverside but which would be more
effectively serviced by resources available through the City. Annexation
of the 154 acres of land into the City will eliminate the undesired pocket
area.
SECTION 3. That LAFCO take proceedings for the annexation of territory
described in Exhibit A, according to the terms and conditions stated above and in
the manner provided by the Cortese-Knox Act.
SECTION 4. This Resolution No. 2006-162 [Corrected nunc pro tunc]
shall retain its effective date of September 26, 2006, the date of its original passage
and adoption.
CITY COUNCIL RESOLUTION NO. 2006-162 [CORRECTED nunc pro tunc].
PAGE 4 OF 4
PASSED, APPROVED AND ADOPTED this fourteenth day of November
2006 nunc pro tunc as of the twenty-sixth day of September 2006, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATT ST:
~
Frederick , ity Clerk
City of Lake Elsinore
AP OVED O ORM:
arbara Zei Leibold, City Attorney
City of Lake Elsinore
COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE
COUNCILMEMBERS: NoNE
COUNCILMEMBERS: BUCK~EY
5: NE
.~
lrobert E. M~
City of Lake