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Home My Public Portal AboutOrdinance 924ORDINANCE 924 RESCINDED BY ORDINANCE 1140 ORDINANCE NO. 924 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF 1'HE CITY OF BEAUMONT, CALIFORNIA, ADOPTING A ZONE CHANGE TO PRE -ZONE 1,616.89 ACRES OF LAND FROM COUNTY OF RIVERSIDE W-2 (CONTROLLED DEVELOPMENT) TO CITY OF BEAUMONT SP -A (SPECIFIC PLAN AREA) AND R R (RURAL RESIDENTIAL) (ANNEXATION NO. 07-ANX-02, LEGACY HIGHLANDS SPECIFIC PLAN) WHEREAS, The Preserve LLC has requested that the City of Beaumont ("City") initiate the annexation of a 1,616.89 acre unincorporated area pursuant to the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000, as amended, and said Act requires that properties which are to be annexed to a City shall be pre -zoned prior to annexation; and WHEREAS, the property is located south of State Route 60 and west of State Route 79 in the City of Beaumont sphere of influence ("Subject Site") as described in Exhibit "A" attached hereto and by this reference incorporated, and is presently uninhabited as defined in State law related to annexations with a current zoning designation of W-2 (Controlled Development) by the County of Riverside; and WHEREAS, duly noticed public hearings were conducted on this matter as required by law by the Planning Commission on November 13 and December 11, 2007 and the City Council on January 15, 2008, and the Planning Commission was unable to take action to make recommendations to the City Council with respect to the proposed pre -zoning at its December 11, 2007 public hearing due to the lack of a quorum; and WHEREAS, the City Council has approved Resolution No. 2008-05 certifying that an Environment Impact Report, Findings of Fact, Statement of Overriding Considerations, and Mitigating Monitoring and Reporting Plan were prepared for the proposed pre -zoning and associated proceedings, and that these documents adequately address the potential impacts of the project in accordance with the provisions of the California Environmental Quality Act. THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE NO. 924 PAGE 2 SECTION 1: Upon the effective date of the annexation to the City, the Official Zoning Map of the City is hereby amended to designate the Subject Site legally described in attached Exhibit "A" with the following zoning designation: SP -A (SPECIFIC PLAN AREA) and R -R (RURAL RESIDENTIAL) SECTION 2: Based upon the entire record before the City Council, including all written and oral evidence presented to the City Council, the City Council hereby makes and adopts the following findings: A. This Ordinance is in conformance with the City's General Plan because: (i) a plan of services has been prepared and provides operation and maintenance of community activities and events, public safety, transit, maintenance of public works, sanitary sewers and trash collections to insure that adequate public services and facilities are provided in a timely manner; (ii) it will provide a mix of housing opportunities affordable to the City's labor force; (iii) it will accommodate travel demand with traffic mitigation measures; and (iv) is compatible with surrounding land uses and provides for an overall density of less than two housing units per acre. B. This Ordinance is in conformance with the Legacy Highlands Specific Plan because: (i) the SPA Specific Planning Area Zone is intended to accommodate properties for which a specific plan has been adopted; (ii) the Legacy Highlands Specific Plan is being adopted in conjunction with this change of zone; and (iii) all uses comply with the Legacy Highlands Specific Plan. SECTION 3: The City Council has approved Resolution No. 2008-05certifying the Legacy Highlands Specific Plan Environmental Impact Report and has adopted Findings of Fact, Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Plan for the change of zone pursuant to the provisions and requirements of the California Environmental Quality Act and the City Council finds that all documentation prepared complies therewith. The City Council hereby incorporates by reference, as if fully set forth herein, Resolution No. 2008- 05. SECTION 4: Said prezoning designation is approved in anticipation of annexation of the Subject Site and shall become effective on the effective date of the annexation of the Subject Site to the City by the Riverside County Local Agency Formation Commission. SECTION 5: This Ordinance shall take effect thirty (30) days after its final passage and within fifteen (15) days after its passage the City Clerk shall cause a summary to be published in a newspaper of general circulation, printed and published in the City of Beaumont, in a manner prescribed by law for publishing of ordinances of said City. ORDINANCE NO. 924 PAGE 3 MOVED AND PASSED upon first reading this 15t day of January, 2008 by the following roll call vote: AYES: Mayor Pro Tem Killough, Council Members Berg, and Dressel NOES: Mayor DeForge and Council Member Fox ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 5th day of February, 2008 by the following roll call vote: AYES: Mayor DeForge, Council Members Killough, Berg, Fox and Dressel. NOES: None ABSTAIN: None ABSENT: None Mayor DeForge EXHIBIT "A" LEGAL DESCRIPTION Order Number: NHRV-2687043 (tc) Page Number: 29 LEGAL DESCRIPTION Real property in the City of Riverside , County of Riverside, State of California, described as follows: PARCEL 1: (APN 421-070-004 AND 421-070-005, 421-070-007) LOTS 6, 7 AND 8 IN SECTION 8, TOWNSHIP 3 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN; EXCEPTING FROM LOTS 7 AND 8 THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 8; THENCE WESTERLY ON THE NORTH UNE OF SAID GOVERNMENT LOT 8, 400 FEET; THENCE SOUTHERLY AT RIGHT ANGLES TO SAID NORTHERLY UNE 900 FEET; THENCE EASTERLY PARALLEL WITH THE NORTHERLY LINE OF SAID LOTS 7 AND 8, 1000 FEET TO A POINT IN SAID LOT 7; THENCE NORTHERLY AT RIGHT ANGLES 900 FEET TO A POINT ON THE NORTH UNE OF SAID LOT 7; THENCE WESTERLY ON SAID NORTH UNE 600 FEET TO THE POINT OF BEGINNING, DESCRIBED IN THE DEED RECORDED JANUARY 22, 1963 AS INSTRUMENT NO. 7083 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; ALSO EXCEPTING FROM LOT 7 A RESERVATION OF 1/20 SHARE IN ALL OIL AND MINERAL RIGHTS AND DEPOSITS AS RESERVED IN DEED TO ED C. MARTIN AND BIRDIE F. MARTIN FROM JAMES E. THOMPSON, A WIDOWER, RECORDED JUNE 15, 1946 IN BOOK 756 PAGE 217 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL 2: (APN 421-080-002) SECTION 17, TOWNSHIP 3 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY: EXCEPTING THEREFROM THAT PORTION OF THE NORTHEAST 1/4 OF SAID SECTION, PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FROM WHICH THE NORTHEAST CORNER OF SAID SECTION BEARS NORTH 14 DEGREES 58' EAST, 1073.0 FEET; THENCE SOUTH 88 DEGREES 42' WEST, 660 FEET; THENCE SOUTH 01 DEGREES 18' EAST, 660 FEET; THENCE NORTH 88 DEGREES 42' EAST, 660 FEET; THENCE NORTH 01 DEGREES 18' WEST, 660 FEET TO THE POINT OF BEGINNING. PARCEL 3: (421-190-002) THE NORTH 1/2 OF THE NORTHWEST 1/4 AND SOUTHWEST 1/4 OF NORTHWEST 1/4 OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY; EXCEPTING THEREFROM ALL THE OIL AND GAS TOGETHER WITH THE RIGHT TO PROSPECT FOR, MINE AND REMOVE SUCH DEPOSITS FROM SAME UPON COMPLIANCE WITH THE CONDITIONS AND SUBJECT TO THE PROVISIONS AND LIMITATIONS OF ACT OF JULY 17, 1914, AS RESERVED IN THE PATENT FROM THE UNITED STATES OF AMERICA, RECORDED MARCH 15, 1949 IN BOOK 1059 PAGE 170 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. Order Number: NHRV-2687043 (tc) Page Number: 30 PARCEL 4: (APN 421-190-003) THE NORTH 1/2 OF THE NORTHEAST 1/4 AND THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 AND THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN. PARCEL 5: (APN 421-190-006) THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF. PARCEL 6: (APN 421-190-004; 421-190-005 AND 421-190-011) THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20; THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 20; THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20; EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20; ALL IN TOWNSHIP 3 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF; EXCEPTING THEREFROM THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 20 AS CONVEYED TO THE SOUTHERN CALIFORNIA EDISON COMPANY BY DEED RECORDED JUNE 12, 1970 AS INSTRUMENT NO. 55231 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL 6A: AN EASEMENT AND RIGHT OF WAY TO CONSTRUCT, USE, MAINTAIN AND REPAIR ONE ROAD, 20 FEET WIDE, EXTENDING IN A GENERALLY NORTHWESTERLY AND SOUTHEASTERLY DIRECTION IN, ON, OVER AND ACROSS THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF AS DESCRIBED IN THE DEED TO THE SOUTHERN CALIFORNIA EDISON COMPANY AND UPON THE TERMS AND CONDITIONS SET FORTH IN SAID DEED RECORDED JUNE 12, 1970 AS INSTRUMENT NO. 55231 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL 7: (APN 421-070-006) THAT PORTION OF GOVERNMENT LOTS 7 AND 8 OF FRACTIONAL SECTION 8 TOWNSHIP 3 SOUTH RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO AN ADDITIONAL PLAT OF SAID LAND AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 8; THENCE WESTERLY 400 FEET ON THE NORTHERLY UNE OF SAID GOVERNMENT LOT 8; THENCE SOUTHERLY 900 FEET AT RIGHT ANGLES TO SAID NORTHERLY UNE; THENCE EASTERLY 1000 FEET PARALLEL WITH THE NORTHERLY UNE OF SAID LOTS TO A POINT IN SAID LOT 7; THENCE NORTHERLY 900 FEET AT RIGHT ANGLES TO A POINT OF THE NORTHERLY UNE OF SAID LOT 7; THENCE WESTERLY 600 FEET ON SAID NORTHERLY LINE TO THE POINT OF BEGINNING; ALSO EXCEPTING FROM LOT 7 A RESERVATION OF 1/20 SHARE IN ALL OIL AND MINERAL RIGHTS AND DEPOSITS AS RESERVED IN DEED TO ED C. MARTIN AND BIRDIE F. MARTIN FROM JAMES E. THOMPSON, A WIDOWER, RECORDED JUNE 15, 1946 IN BOOK 756 PAGE 217 OF OFFICIAL RECORDS Order Number: NHRV-2687043 (tc) Page Number: 31 OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL 8: (APN 421-070-001) LOTS 1 AND 2 IN SECTION 8, TOWNSHIP 3 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA; EXCEPT THE PORTION INCLUDED IN PUBUC HIGHWAY ON THE NORTH. PARCEL 8A: AN EASEMENT FOR INGRESS AND EGRESS OVER AND ACROSS THE NORTHERLY 40 FEET OF GOVERNMENT LOT 3, SECTION 8, TOWNSHIP 3 SOUTH, SAN BERNARDINO BASE AND MERIDIAN, AS RESERVED IN DOCUMENT RECORDED OCTOBER 23, 1970 AS INSTRUMENT NO. 106752 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL 9: (APN 421-060-003 AND 421-060-004) THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 3 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN; EXCEPTING THEREFROM THOSE PORTIONS THEREOF CONVEYED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED OCTOBER 29, 1915 IN BOOK 433 PAGE 7 OF DEEDS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; ALSO EXCEPTING THEREFROM THOSE PORTIONS CONVEYED TO THE STATE OF CALIFORNIA BY DEEDS RECORDED MAY 20, 1936 IN BOOK 274 PAGE 577, OCTOBER 11, 1957 IN BOOK 2161 PAGE 442, AND AUGUST 19, 1959 AS INSTRUMENT NO. 72258, ALL OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL 9A: AN EASEMENT IN GROSS FOR INGRESS AND EGRESS, UTILITIES AND ROAD PURPOSES OVER THE NORTHERLY 80 FEET OF LOTS 1 AND 2 IN SECTION 8, TOWNSHIP 3 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA; EXCEPT THE PORTION INCLUDED IN PUBUC HIGHWAY ON THE NORTH, AS SET FORTH IN THAT CERTAIN DEED RECORDED AUGUST 19, 1988 AS INSTRUMENT NO. 88-236100 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL 10: (APN 421-100-002) GOVERNMENT LOT 2 IN FRACTIONAL SECTION 16, TOWNSHIP 3 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO GOVERNMENT SURVEY. PARCEL 11: (APN 421-100-005) GOVERNMENT LOT 3 IN FRACTIONAL SECTION 16, TOWNSHIP 3 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN. PARCEL 12: (APN 421-100-010) THE NORTH HALF OF GOVERNMENT LOT 6 IN FRACTIONAL SECTION 16, TOWNSHIP 3 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN. Order Number: NHRV-2687043 (tc) Page Number: 32 PARCEL 12A: A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND ROAD PURPOSES OVER AND ACROSS THE FOLLOWING DESCRIBED PROPERTY: THE NORTHERLY 30 FEET AND THE EASTERLY 30 FEET OF GOVERNMENT LOT 6; THE WESTERLY 30 FEET OF GOVERNMENT LOT 5; AND THE SOUTHERLY 60 FEET OF GOVERNMENT LOT 5, LYING WESTERLY OF THE WESTERLY LINE OF LAMB CANYON ROAD ALL IN FRACTIONAL SECTION 16, TOWNSHIP 3 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN; EXCEPTING THAT PORTION IN THE NORTH HALF OF GOVERNMENT LOT 6. APN: 421-060-003 and 421-060-004 and 421-070-001 and 421-070-004 and 421-070-005 and 421-070- 006 and 421-070-007 and 421-080-002 and 421-100-002 and 421-100-005 and 421-100-010 and 421- 190-002 and 421-190-002 and 421-190-004 and 421-190-003 and 421-190-005 and 421-190-011 and 421-190-001 --v 421-060-003 r 421-060-004. APN WILLOW SPRINGS 421-070-001 421-070-006 421-070-007 421-070-005 421-070-004 421-080-002 17 421-190-002 421-190-003 20 0 421-190-005 421-190-004 N. T. S. 16 421-100-002 se_ 421-100-005 A- 421-100-010 z a O Z y0 M 14 - CL< I0 3W O • N W CO N cc Z Z a� �Z �2 CIO O< °0 U J Z U < W O m Q co cccc w 0 a < w OO zZUJ CCCO GGA 1:19:04 pm EST M O (0 0 z a I in (0 N F- m w v) z a 0 J J (0 to