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HomeMy WebLinkAboutCC Reso No 2000-07RESOLUTION NO. 2000-7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONSENTING TO THE COMMENCEMENT OF PROCEEDINGS TO AMEND THE CITY'S SPHERE OF INFLUENCE AND ANNEX CERTAIN TERRITORY DESIGNATED AS ANNEXATION NO. 69 (APN 363-030-002,-003,-004,-005,-006,-007,-008,-009,-010,-011,- 012, -013, AND -014) INTO THE CORPORATE BOUNDARIES OF THE CITY OF LAKE ELSINORE. THE CITY COUNCIL OF THE CITY OF LAI{E ELSINORE, CALIFOI2NIA, DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, an application has been filed with the City of Lake Elsinore by Lusk Elsinore, Inc. to amend the City's Sphere of Influence and to Annex certain property described as APN 363- 030-002, -003, -004, -005, -006, -007, -008, -009, -010, -Ol l, -012, -013, AND -014 (approximately 64.52 acres) into the corporate boundaries of the City of Lake Elsinore; and WHEREAS, this proposal is made pursuant to the Cortese-Knox Local Government Rearganization Act of 1985, commencing with Government Code Section 56000 et. Seq.; and WHEREAS, Lusk Elsinore, Inc. has submitted additional applications for GPA No. 98-3, Zone Change (Pre-Zone) No. 98-3, and Tentative Tract Map No. 28751. The project consists of the ultimate development of a 64.52 acre site For construction of residential lots. The project is site located outside the eastern boundaries of the City of Lake Elsinore within the unincorporated boundaries of Riverside County. The site is bounded by the City Lake Elsinore to the south and west, adjacent to an area commonly lrnown as Tuscany Hills. The site is also bounded by the City of Canyon Lake to the north and east. WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on January 19, 2000 made its report upon the desirability and made its recommendations in favor of said annexation by adopting Planning Commission Resolution No. 00-02 recommending to the City Council approval of Annexation No. 69 and Sphere of Influence Amendment; and WHEREAS, public notice of said application has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on February 8, 2000; 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 Amendment of the City's Sphere of Influence and Annexation (Annexation No. 69), prior to approving commencement proceedings to annex the subject territory. The City Council finds and determines that Environmental Impact Report No. 98-1 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of Annexation No. 69, based upon the following findings and determinations: 1. The City Council has reviewed and considered Final EIR 98-1 and finds that it is complete, contains all required information, and has been completed in compliance with CEQA; the Final EIR was presented to the Planning Commission and the Planning Commission reviewed and considered the information contained in the Final EIR prior to recommending to the City Council certification of the Final E1R; and the Final EIR reflects the Planning Commission's independent judgment and analysis. 2. In compliance with Section 15074 of the CEQA Guidelines, Final EIR 98-1 and the records of the proceedings upon which this decision is based are and will be on file with the City of Lake Elsinore, 130 South Main Street, Lake Elsinore, California 92530. CITY COUNCIL RESOLUTION NO. 2000-7 PAGE TWO 3. This City Council finds that Final EIR 98-1 has identified all significant environmental effects of Annexation 69 and Sphere of Influence Amendment, General Plan Amendment No. 98-3, Zone Change No. 98-3, and Tentative Tract Map No. 28751 and adopts findings set forth in Section 21081 of CEQA and Section 15091 of the State CEQA Guidelines with respect to each significant environmental effect identified in Final EIR 98-1, and each alternative considered in Final EIR 98-1, and the explanation of its reasoning with respect to each such finding set forth in the document entitled, Statement of Findings and Facts in Support. 4. This City Council finds that although Final EIR 98-1 identifies certain significant environmental effects that may occur if Annexation 69 and Sphere of Influence Amendment, General Plan Amendment No. 98-3, Zone Change No. 98-3, and Tentative Tract Map No. 28751, are approved, most sigmficant effects that can feasibly be mitigated or avoided have been reduced to an acceptable level by the imposition of project design features, standard conditions ar mitigation measures, all of which have been identified and set forth in Final EIR 98-1, and all of which are hereby specifically adopted by this Planning Commission to mitigate the environmental impacts of the proposed project, except those impacts related to traffic, air quality, and noise. 5. This City Council fmds that the unavoidable significant environmental effects identified in Final EIR 98-1, related to traffic, air quality, and noise, that have not been reduced to levels of insignificance have been substantially lessened in their severity by the imposition of the mitigation measures, and are clearly outweighed by specific economic, legal, social, technological and other project benefits which offset these unauoidable impacts, and which are set forth in the Statement of Overriding Considerations, and adopts the Statement of Overriding Considerarions, which support and justify approval of the Aiuiexation 69 and Sphere of Influence Amendment, General Plan Amendment No. 98-3, Zone Change No. 98-3, and Tentative Tract Map No. 28751 notwithstanding certain unavoidable significant environmental effects which cannot feasibly be substantially mitigated. 6. This City Council finds that the Mitigation Monitoring and Reporting Program establishes a mechanism and procedures for implementing and verifying the implementation of and compliance with the project design features, and mitigation measures pursuant to Public Resources Code Section 21081.6, and adopts the Mitigation Monitoring and Reporting Program. 7. This City Council finds that Final EIR 98-1 serves as adequate and appropriate environmental documentation for the Annexation 69 and Sphere of Influence Amendment, General Plan Amendment No. 98-3, Zone Change No. 98-3, and Tentative Tract Map No. 28751 and hereby recommends that the City Council certify Final EIR 98-1 as complete and adequate, and fully complies with the requirements of CEQA, the State CEQA Guidelines, and the City's environmental analysis procedures. SECTION 2. That in accordance with the Cortese-Knox Local Government Reorganization Act of 1985, Govemment Code Section 56000, and the City of Lake Elsinore the following findings for the approval of Amiexation No. 69 have been made as follows: 1. The proposed annexation area is contiguous to the City of Lake Elsinore and will not create pockets or islands. 2. The proposed annexation will not result in any adverse significant impacts on the environment. 3. The proposed annexation will eliminate an existing undesired pocket of county area. 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 Amendment to the City's Sphere of Influence and Annexation No. 69 be approved. CITY COUNCIL RESOLUTION NO. 2000-7 PAGE THi2~E PASSED, APPROVED AND ADOPTED this 8th day of Febnxary 2000, by the following vote: AYES: I COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ATTEST: ~ Zv ~~ Vicki Lynne I sad, City Clerk APPROVED AS TO FORM: ~'rbara Z f~d Leibold, City Attorney City of Lake Elsinore (SEAL) KELLEY, PAPE, SCHIFFNER, BRINLEY NONE METZE NONE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICHI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, CALIFORNIA, 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 S`~ day of February, 2000, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BRINLEY, PAPE, SCHIFFNER, KELLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: METZE ABSTAIN: COUNCILMEMBERS: NONE ~~ ~ VICHI KAS D~Y CLERK CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF ffiVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICHI KASAD, CITY CLERK OF THE CITY OF LAK~ ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 2000-7 of said Council, and that the same has not been amended or repealed. DATE: February 23, 2000 . ~e~, ~~~-G VICHI SAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL)