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Home My WebLink AboutCC Reso No 2004-73RESOLUTION NO. 2004-' ~s ~- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONSENTING TO TAE COMMENCEMENT OF PROCEEDINGS TO ANNEX THE TERRITORY DESIGNATED AS ANNEXATION N0.71 (APN(S) 349-400-005, 349-430-O1 i& 012 AND A PORTION OF 349-430-006) INTO THE CORPORATE BOUNDARIES OF THE CITY OF LAKE ELSINORE. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, an application, authorized by Jack and Betty Luster and Everada Memtt (Property owners), has been filed by Dave Mello, Centex Home-Inland Empire annexing certain properties described as APN(s) 349-400-005, 349-430-011 & 012 and a portion of 349-430-006 (Approximately 15.75 net acres) into the corporate boundaries of the City of Lake Elsinore; and WHEREAS, this proposal is made pursuant to the Cortese-Knoz-Hertzberg Locad Government Reorganization Act of Z000 (Govemment Code Section 56000-56001); and WHEREAS, Dave Mello, Centex Homes-Inland Empire has submitted additional applications for General Plan No. 2004-09, Zone Change No. 2004-04 and Vesting Tentative Tract Map No. 32503 consisting of the ultimate development of 15.75 acres into 60 single-family lots and associated improvements, subject to annexation, located adjacent the Ramsgate Specific Plan within the City's Sphere of Influence and unincorporated boundaries of County of Riverside; and WHEREAS, the Planning Commission of the City of Lake Elsinore at their regular meeting held on December 7, 2004 made its report upon desirability and made its recommendations in favor of said annexation by adopting Planning Commission Resolution No. 2004-158 recommending to the City Council approval of Annexation No. 71; and WHEREAS, public notice of said application has been given and the City Council has considered evidence presented by the Community Development Deparhnent and other interested parties at a public hearing with respect to this item on December 14, 2004; and WHEREAS, it is the desire of the City Council to give its consent to the commencement of annexation proceedings and concurrent sphere of influence amendment. SECTION 1. The City Council has considered the proposed Annexation (Annexation No. 71), prior to approving commencement proceedings to annex the subject territory. The City Council finds and determines that Mitigated Negative Declazation No. 2004-09 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzed the environmental effects of Annexation No. 71, based upon the following findings and determinations: P:UVlerritt Luster Annexation\CC Reso Annexation.doc RESOLUTION NO. 2004- 73 ANNEXATION NO. 71 PAGE NO. 2 1. Revisions in the project plans or proposals made by or agreed to by the applicant before a proposed mitigated negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; and The applicant has made revisions to the project or has agreed to specific conditions, which would avoid the effects or mitigate the effects of the project to a point where no significant effects would occur. 2. There is no substantial evidence, in the light of the whole record before the agency, that the project as revised may have significant effect on the environment. Pursuant to the evidence received in the light of the whole record presented to staff the project wild not have a significant effect on the environment considering the applicable Conditions ofApproval and Mitigation Monitoring Program. SECTION 2. That in accordance with the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Government Code Section 56000-56001) and the City of Lake Elsinore the following findings for the approval of Annexation No. 71 have been made as follows: 1. The proposed annexation area is contiguous to the City of Lake Elsinore and wili not create pockets or islands. The proposed annexation area is contiguous to the Ramsgate Specific Plan area on the easterly boundary of the project and will be a reasonable extension of the city boundary areas in that the annexation of the proposed parcels will not create any pockets or islands. 2. The proposed annexation will not result in any adverse significant impacts on the environment. As defined by Section 15063 of the California Environmental Quality Act (CEQA) Guidelines, an Initial Study was prepared in order to provide the City with information necessary in determining whether an Environmental lmpact Report (EIR), Negative Declaration or Mitigated Negative Declaration would be the appropriate necessary environmental documentation and clearance for the subject project contained herein. According to section 15070(b) of the California Environmental Qualiry Act (CEQA) a Mitigated Negative Declaration was appropriate since it deemed that although the proposal for the Annesation, General Plan Amendment, Zone Change and the subject Yesting Tentative Map of the 15.75 acres could result in significant effects, mitigation measures were available reducing these significant effects to insignificant levels. P:~Ivlenitt Luster Annexation\CC Reso Annexation.doc RESOLUTION NO. 2004= 73 ANNEXATION NO. 71 PAGE NO. 3 3. The proposed annexation will eliminate an existing undesired pocket of the county area. The proposed annexation consists of the removal of 15.75 acres from the County of Riverside's jurisdiction and placement of the same into the ciry limits of Lake Elsinore. The annexation is being initiated by the project applicant, Centex Homes-Inland Empire, which is the authorized agent for the property owners (See attached letters of authorization) and as such is considered an uncontested annexation pursuant to the Riverside Local Agency Formation Commission (LAFCO) regulations. PURSUANT TO THE ABOVE FINDINGS, IT IS RESOLVED by the City Council of the City of Lake Elsinore, California, that the commencement of proceedings for Annexation No. 71 be approved. PASSEI~, APPROVED AND ADOPTED this 14th day of December 2004, by the following vote: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, AUCKLEY NOES: COL7NCILMEMBERS: NoNE ABSENT: COLJNCILMEMBERS: NoNE ABSTAIN: COUNCILMEMBF Kasad, City Clerk A ROVE T M: r ara Zei L ibold, City Attorney City of Lake sinore (SEAL) P:~Nlemtt Luster Annexation\CC Reso Annexation.doc STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICHI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, CALIFORrTIA, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a Regular Meeting of said Council on the 14h of December, 2004, and that it was so adopted by the following vote: AYE5: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: ~--~-~ CMC, CTTY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFO1tNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) NONE NONE NONE I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 2004-73 of said Council, and that the same has not been amended or repealed. DA E: December 22, 2004 ~~ i~~~'~°"~ 'v VI~HI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL)