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HomeMy WebLinkAboutCC Reso No 1991-66RESOLUTION NO. 91'66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, REQUESTING THE RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION AMEND THE SPHERE OF INFLUENCE OF THE CITY OF LAKE ELSINORE. WHEREAS, Section 56428 of the Government Code provides that a local agency may file a written request with the Executive Officer of a Commission requesting amendments to a sphere of influence adopted by the Commission; and WHEREAS, the City has conducted a study to determine logical and orderly future physical boundaries and service area of the City, and said study entitled "Report Accompanying a Request for Amendment of the Sphere of Influence of the City of Lake Elsinore" has indicated an area where change is appropriate to the existing sphere of the City of Lake Elsinore; and WHEREAS, a number of property owners whose property extends into said area have indicated interest in annexing to the City of Lake Elsinore; and WHEREAS, a map and legal description describing the proposed change in the sphere of influence of the City of Lake Elsinore is attached hereto as Exhibit "A" and made a part hereof by reference; and WHEREAS, the City of Lake Elsinore has oonducted an environmental review of the proposed amendment to the sphere of influence of the City as provided for by the California Environmental Quality Act and determined that the project would have no significant effect on the environment and the City has, therefore, adopted a negative declaration. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT: This Resolution Requesting an Amendment to the Sphere of Influence of the City of Lake Elsinore is hereby adopted and approved by the City Council of the City of Lake Elsinore, and the City Clerk is hereby directed to file certified copies of this Resolution and the accompanying Report with the Executive Officer of the Riverside Local Agency Formation Commission. Page two Resolution No. 91- 66 PASSED, APPROVED AND ADOPTED this 27th day of August, 1991, upon the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, 41INKLER, WASHBURN NOES: COUNCILMEP16ERS: NONE ABSENT: COUNCILME~IBERS: NONE ABSTAIN: COUNCILMEMBERS: NO~IE APYRUVEil AS TO FORM AND LEGALITY: ~.t~d~ JOHN HARPE , ITY ATTORNEY REPORT ACCOMPANYING A REQUEST FOR AMENDMENT OF THE SPHERE OF INFLUENCE OF THE CITY OF LAKE ELSINORE TABLE OF CONTENTS Introduction Present and Planned Land Use Present and Probable Need for Public Facilities and Services i~n the Area Present Capacity of Public Facilities and adequacy of Public Services The existence of Social or Economic Communities of Interest 1 3 4 7 8 i REPORT ACCOMPANYING A REQUEST FOR AMENDMENT OF THE SPHERE OF INFLUENCE OF THE CITY OF LAKE ELSINORE INTRODUCTION LEGISLATIVE BACKGROUND: Local Agency Formation Commissions, established under the Knox-Nesbet Act in 1963, are county wide regulatory agencies directed by State law to discourage urban sprawl. A 1971 amendment instructed commissions to "Develop and determine the Sphere of Influence of each local government agency within the County." Such spheres are intended to provide a long-range plan to assist the expansion and organization of local government boundaries. Section 56076 of the Government Code defines a sphere of influence as "a plan for the probable ultimate physical boundaries and service of a local agency." Until January 1, 1985, the spheres were a discretionary tool for the Commissions in reviewing proposals for the formation of new local agencies, or the annexation of territory to and detachment of territory from the local agencies. A 1984 amendment, however, changed spheres from discretionary planning tools to mandatory actions by the Commission. FACTORS TO BE CONSIDERED: In determining spheres of influence, Section 56425 of the Government Code requires that a commission "consider, and prepare a written statement of its determinations~~ with respect to four factors. these factors are: 1. The present and planned land uses in the area, including agriculture and open space lands. 2. the present and probable need for public facilities and services in the area. 3. the present capacity public services which to provide. 4. The existence of any interest in the area they are relevant to of public facilities and adequacy of the agency provides or is authorized social or economic communities of if the commission determines that the agency. BACKGROUND OF THIS PROPOSAL: Following the legislative decision to require that annexations would be allowed only for territory within the sphere of the annexinq agency, five cities situated in eastern Riverside County cooperated in working out proposed sphere extensions. During the early months of 1985, the cities of Moreno Valley, Perris, Corona and Lake Elsinore of ineetings which culminated in proposed sphere which were jointly reviewed by the Local Agency Commission in the summer of 1985. Riverside, held a series extensions Formation 1. Most of the proposed sphere extensions were approved. However, six sections of land lying between the approved spheres for the Cities of Lake Elsinore and Riverside were left in a"no man's land." With the exception of some relatively minor adjustments or extensions relating to specific annexation proposals (such as the Cottonwood Canyon annexation which extended the sphere of Lake Elsinore to the east), the sphere established in 1985 for the City has remained in place. During 1989, the Commission discussed the request for a review of the spheres of the various cities from time to time, finally directing staff in December, 1989, to conduct such reviews, including one for the City of Lake Elsinore. The scope of the reviews, however, was narrowed, so that staff was asked to review only the southwestern boundary of the sphere which included the unincorporated community of Sedco Hills. This review ended with action by the Commission on June 20, 1991 keeping the City's sphere boundary as established in 1986. With the narrower scope therefore, the "no man's land" between Lake Elsinore, Riverside and Perris was not addressed. Recently, the North Peak Specific Plan, which has been approved by the City of Lake Elsinore, was submitted to the Commission's Executive Officer for filing as a reorganization including annexation of the territory to the City of Lake Elsinore and detachment of that portion of the Ortega Trails Recreation and Park District within the subject territory. The northeasternmost portion of the Specific Plan lies within the "no man's land° in question. Additionally owners of several parcels of land within this six square mile area have indicated an interest in annexing to the City. As a result, the City of Lake Elsinore has retained Christensen & Wallace, Inc. to prepare this study into the extension of the City's current sphere boundary to include the subject territory, which is identified on the map on Page 9. 2. REPORT ACCOMPANYING A REQUEST FOR AMENDMENT OF THE SPHERE OF INFLUENCE OF THE CITY OF LAKE ELSINORE PRESENT AND PLANNED LAND USES The area proposed for inclusion within the sphere of influence of the City of Lake Elsinore encompasses a portion of the Lake Mathews land use planning areas. The proposed sphere area to the north of the City's existing sphere are amenable to Category II and III land uses. These categories are defined as: CATEGORY II (URBAN) - The category is characterized by a broad mix of land uses including many types of commercial and industrial uses and residential uses with a density of two to eight dwelling units per acre. CATEGORY III (RURAL) - Characterized by rural land uses including lower densities and fewer public facilities and improvements, These may include a variety of different uses, including agricultural, small-scale commercial, residential densities of one dwelling unit per acre to one dwelling unit per five acres, and industrial uses such as manufacturing, service commercial, and medium industrial uses. The North Peak Spec3fic Plan approved by the City proposes 50 acres of rural residential (0-2 du/a), 108 acres of estate residential (2-4 du/a) and 104 acres of single family residential (4-7 du/a), as well as 15 acres allocated to village commercial. The remaining land uses are open space, park, and nature park. Existing County zoning in the subject area R-A (residential- agricultural). At this point, the North Peak development is the only specific development proposal in the subject area. However, the City has been contacted by several property owners interested in exploring annexation within the six square miles. 3. REPORT ACCOMPANYING A REQUEST FOR AMENDMENT OF THE SPHERE OF INFLUENCE OF THE CITY OF LAKE ELSINORE PRESENT AND PROBABLE NEED FOR PUBLIC FACILITIES AND SERVICES IN THE AREA The proposed sphere area is currently uniricorporated and served with the necessary public facilities and services through the County of Riverside or appropriate public agencies or private utilities. Should any portions of the subject area annex to the City of Lake Elsinore, service levels would be upgraded as required. The following paragraphs will review present and probable future facilities and services in the area. POLICE PROTECTION: Police protection to the proposed sphere area is currently provided by the Riverside County Sheriff's Department from a Sheriff's substation located in the City of Lake Elsinore at the level of 0.7 officers per 1,000 population. This substation serves an area of approximately 700 square miles. In addition to providing police protection to the unincorporated areas of the County, the Sheriff's Department provides protection to incorporated areas on a contractual basis. This contractual arrangement is currently utilized by the City of Lake Elsinore, at the rate of 1 officer per 1,000 population. As areas are annexed and service requirements increase, the existing contract would be amended to reflect the increased area of responsibility. FIRE PROTECTION: Fire protection to the proposed sphere area as well as the City of Lake Elsinore is currently provided by the California Division of Forestry/Riverside County Department of Fire. As listed below, two stations currently serve the proposed sphere area: Station #9 (Goodmeadow), 21565 Steel Peak Road; one engine, one attack, one water tender. Station #60 (Canyon Lake), 28730 Vacation Drive; one engine, one squad. Revenues to fund fire protection services to the City of Lake Elsinore currently accrue directly to the County from a dedicated portion of property taxes collected within the City. Inasmuch as this is the same funding mechanism utilized in the proposed sphere area, annexation would not result in changes to the level of service of funding arrangements. 4. STREETS: Maintenance of dedicated roads or streets in the proposed sphere area is currently the responsibility of the County of Riverside Department of Transportation. Street maintenance and construction within the City of Lake Elsinore is the responsibility of the City's Public Works Department. As development occurs in the sphere area, street construction is the responsibility of the developers with the County assuming responsibility for maintenance. In the event areas are annexed, construction responsibility would still rest with the developers while the City's Public Works Department would assume maintenance responsibilities. PARKS AND RECREATION: At the present time, no agency is responsible for park and reoreation services within the proposed sphere area. After annexation, parks and recreation services would be the responsibility of the City of Lake Elsinore. The City park program is funded out of the City~s general fund with no additional cost to residents. DOMESTIC WATER AND SEWAGE DISPOSAL: Currently, no water or sewer agency has jurisdiction within the subject area. The sphere of influence of Eastern Municipal Water District extends to Section 8, T5S, R4W, the easternmost Section within the subject area. No water or sewer agency has either jurisdiction or a sphere of influence designation in the other five seotions lying west of Section 8; namely Section 7, T5S, R4W and Section 9, 10, 11 and 12 T55, R5W. Water and sewer service within the City of Lake Elsinore is provided by the Elsinore Valley Municipal Water District, and it can be anticipated that as part of any annexation within the subject area, a concurrent proposal to extend the sphere of influence (if required) and annex the territory to EVMWD will be filed. SOLID WASTE: Refuse collection for the City is performed by a private disposal company by contract, with the City performing billing functions and retaining approximately 20~ of the revenues collected. Refuse collection is not required in unincorporated areas of Riverside County and is, therefore, not provided to the proposed sphere area. In the event of annexations, refuse collection services would be extended to the annexed area as development occurred and the service was required. STREET LIGHTS: Street lights are currently provided within the City limits by the City of Lake Elsinore. No agency provides street lights in the subject territory. As development occurs, both in the City and the proposed sphere area, developers are required to provide street lights and dedicate these lights to either the City or, in the case of the unincorporated area, annex to a County Service Area. For street lights within City limits, energy costs are funded through a City-wide landscape and lighting assessment district. As development occurs in the proposed sphere area, energy costs are funded through the assessment district by lot fees levied against lots within each development. 5. STORM DRAINS: The proposed sphere area is now provided with storm drains through the Riverside County Flood Control District. On-site drainage is provided by developers, while the storm drain system is funded through fees collected by the District. No change is anticipated in this service. PLANNING AND LAND USE REGULATION: Planning and land use regulation in the proposed sphere is currently provided by the Riverside County Planning Department. As areas are annexed, planning responsibilities would be assumed by the City of Lake Elsinore Planning Department. Current County policy provides that cities be informed of any land use requests being processed within their spheres. As already noted, such coordination is both appropriate and beneficial to an orderly and effective planning process as these areas urbanize. 6. REPORT ACCOMPANYING A REQUEST FOR AMENDMENT OF THE SPHERE OF INFLUENCE OF THE CITY OF LAKE ELSINORE PRESENT CAPACITY OF PUBLIC FACILITIES AND ADEQUACY OF PUBLIC SERVICES WHICH THE AGENCY PROVIDES OR IS AUTHORIZED TO PROVIDE Given the varied nature of municipal services and the precarious nature of local revenues, the City of Lake Elsinore has proven more than capable of providing a high level of service in an innovative and cost-effective manner. In oases of capital intensive services, i.e., any proposal for annexation would be accompanied by a concurrent reorganization which would annex the territory to the appropriate water and sewer agency and, if required, extend that agency's sphere of influence. Likewise, fire protection services or funding would not be altered by the City's expansion into the proposed sphere area. Given the primarily rural nature of the area in question, other city services such as police protection, roads, and park and recreation could be extended to the area with minimal impact on existing City services. A major annexation (the North Peak Specific Plan) has been processed through the City and is currently on file with the Local Agency Formation Commission. As part of the processing, a fiscal impact report was completed which details the cost/benefit relationship and the City's ability to fund required services at municipal levels. As other major developments or large tracts of land are proposed for annexation, fiscal impact reports will be required of the proponents. 7. REPORT ACCOMPANYING A REQUEST FOR AMENDMENT OF THE SPHERE OF INFLUENCE OF THE CITY OF LAKE ELSINORE THE EXISTENCE OF SOCIAL OR ECONOMIC COMMUNITIES OF INTEREST The area proposed for inclusion in the City's sphere of influence by this report is sparsely inhabited. It lies some distance from any existing City, or, for that matter, from any existing urbanized development. Situated as it is on the northeastern rim of the Elsinore Valley, it would appear logical that the City which serves the major portion of the valley, and whose sphere of influence extends throughout the Valley, would be the logical focus of social and economic activity for this area. That the Elsinore Valley is considered a cohesive community may be evidenced by the local newspaper, the Lake Elsinore Sun-Tribune, which identifies all of the communities in the existing and proposed sphere as within a common circulation area. The City of Lake Elsinore constitutes the economic and commercial heart of the Elsinore Valley. As such, there exists a community of interest in more than a geographic sense. All communities in the Valley share a common interest in future growth and the most loqical agency to coordinate this growth is the City of Lake Elsinore. 8. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, , 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 27th day of August, 1991, and that it was so adopted by the followirig vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE TZI LYNN KAu ("~~~=~-KF% I~D, CITY CLERK CITY U~ LA ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) 2, Vicki Lynne 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. 91-66 of said Council, and that the same has not been amended or repealed. DAT : August 28, 1991 CKI LYNNE SAD, CITY CLER CITY' OF LAKE LSINORE (SEAL)