HomeMy WebLinkAboutN.B. 5 HOLT AVE ANNEX 02-06-89TO:
FROM:
SUBJECT:
HONORABLE MAYOR & HF. IqBERS OF THE CZTY COU#C]:L
COPqHUNTTY DEVELOPHENT DEPARTHENT
PROPOSED HOLT AVENUE/NORTH OF WARREN ANNEXAT'[ON NO. 147
RECOlUI, IENDATTON
It is recommended that the City Council adopt'
1) Resolution No. 89-6 which petitions the Local Agency Formation Commission
(LAFCO) to proceed with proposed Holt Avenue/North of Warren Annexation
No. 147; and
2) Resolution No. 89-7 which confirms the application of the Master Property
Tax Transfer Agreement to the proposed Holt Avenue/North of Warren
Annexation No. 147.
BACKGROUND
ii
The Cortese-Knox Local Government Reorganization Act of 1985 authorizes the City
Council to make application to LAFCO for the annexation of territory after the
adoption of a resolution. In the past it has been City Council policy to
initiate annexations when citizens of the area have filed a petition with the
City. In the case of proposed Annexation No. 147 a 'petition was filed by 100~
of the landowners in the area. When a petition is filed for an annexation with
100% consent of the property owners, LAFCO and the conducting authority ray
conduct the annexation proceedings without notice and hearing and without an
election.
The purpose of this public hearing before the City Council is to determine
whether the City.Council wishes to transmit the proposed annexation request to
LAFCO and to pay all filing fees. It also provides residents in the area with
an opportunity to express their concerns and views on the subject. This is not_._
aI pr.ot.e.s, t heari.n~ and the filing of a protest at this hearing has no validity as
to the status of the annexation proposal.
The proposed annexation area is bounded on the west by Holt Avenue, on the south
by Warren Avenue, on the east by the Orange County Flood Control Channel and on
the north by the northerly property line of 14332 Holt Avenue (see map). The
area consists of six (6) single-family homes which are zoned residential
single-family (RSF),'and are part of the North Tustin Specific Plan. According
to the Orange County Registrar of Voters, there are 14 registered voters with a
total population of 1.4.
Ctty Council Report.
Annexation No. 147
February 6, 1989
Page two
ANALYSIS
Staff has reviewed the proposed annexation and has provided a brief review of
the major issues related to the annexation and tax transfer agreement.
.
Annexation Proposal: It is our understanding that owner's affected by the
~roPosed annexation might have signed the annexation petition with an
expectation that the zoning of the subject property will be changed to a
higher density. The properties to the south of this proposal were annexed
into the City in 1981 and were, pre-zoned from E-4 (RSF) to f~-3
(Multi-family residential). However, the general plan designation for that
area was multi-family. The general plan designation for this proposed
annexation area is single-family and is surrounded by single-family with
the exception of the area on the south side of Warren.
The size of the proposed annexation area is 3.441 acres (.0054 .sq. mile)
which is contiguous to the City limits only on the southerly boundary at
Warren Avenue. The configuration of the annexation extends into the County
and is not substantially surrounded by the City of Tustin. As evidenced on
the attached map (Exhibit B), this proposed annexation further extends an
uneven City boundary.
LAFCO has the power to review annexation proposals and make certain
findings. They could disapprove or conditionally approve this annexation
proposal based on the finding that the area should be substantially
surrounded by the City to which the annexation is proposed or, they could
determine that since l) the area is within our sphere of, influence; 2) is
designated by our general plan; 3) residents would benefit from being
annexed into our City, and 4) there is 100~ property owner consent, that
the proposal should be approved. Depending upon their interpretation'of
this government code section, they could require that the proposal should
include the entire island or surrounding area.
Should the City Council choose to file an application for proposed
Annexation No. 147, LAFCO then schedules the annexation on the next
available agenda as a consent calendar item. In the case of a proposal
with consent of all owners of land, LAFCO may approve and authorize the
conducting authority to conduct proceedings for the change of organization
without notice of hearing or an election.
Corn rnunity Development Depar~rnen~'
City Council Report
Annexatlon No. 147
February 6, 1989
Page three
®
Tax Transfers' Secti6n 99(d) of the Revenue and Taxation Code requires the'
City ~nd County to approve the exchange of property tax revenue prior.-to
consideration of the application by (LAFCO). Attached to this report is
Resolution 89-7 which provides for the initiation of the Master Property
Tax Agreement for this proposed annexation area.
If the City Council choses to file an application for Annexation No. 147,
then the Council should adopt Resolution No. 89-7 which provides for the
required tax confirmation statement. This resolution is then forwarded to
the Orange County Board of Supervisors for their adoption prior to a LAFCO
determination on the proposed annexation.
CONCLUSION
i
Attached to this report is Resolution No. 89-6 which authorizes LAFCO to process
the proposed annexation and Resolution No. 89-7 which initiates the Master
Property Tax Agreement with the County of Orange. If these resolutions are
adopted, staff will proceed with the processing of proposed Annexation No. 147
Holt Avenue/North of Warren.
M~ry A~h Chambehlain
A~soct&te Planner
MAC :CAS 'ts
Attachment: Resolution No. 89-6
Resolution No. 89-7'
Maps
Christine A. Shingleton
Director of Community Development
Corn munity Development Department
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RESOLUTION NO. 89-6
A RESOLUTION OF THE CITY -COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, MAKING APPLICATION FOR THE
INHABITED ANNEXATION OF TERRITORY KNOWN AS HOLT
AVENUE/NORTH OF WARREN ANNEXATION NO. 147
WHEREAS, the City Council of the City of Tustin on its own motion has
initiated preliminary proceedings for the annexation of certain inhabited
territory; and ,
WHEREAS, the City of Tustln has the ability to extend the full range
of municipal services to the subject territory to better serve the needs of
the residents of the area; and
WHEREAS, the City Council on February 6, 1989 did adopt a resolution
of application for annexation of the subject territory to the City Of
Tusti n; and
WHEREAS, the City Council has determined that the proposed annexation
is a Categorical Class 19 exemption from the requirement of CEQA;
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Tustin, California that:
1. The proposal for the Holt Avenue/North of Warreh Annexation No.
147 to.the City of Tustin is made pursuant to Part 3, Chapter 1
of the Cortese-Knox Local Government Reorganization Act of 1985.
2. The proposed change of organization consists of the annexation
of 3.441 acres of inhabited territory, surrounded by the
incorporated limits of the City of Tustin and the County of
Orange, and said territory Will derive benefits of full
municipal services as a result of the annexation.
3. The subject territory is bounded by Holt Avenue on the west,
Warren Avenue on the south, the Orange County Flood Control on
the east and the northerly property line of 14332 Holt Avenue on
the north.
4. The proposed annexation is made for the purpose of increasing
the economy and efficiency of government services by
incorporating territory within the City's sphere of influence.
'5. The application for annexation is submitted by the City Council
of the City of Tustin on its own motion along with requests from
100% of the property owners.
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Resolution No. 8g-6
Page two
6. The Local Agency Formation Commission is hereby requested to
undertake annexation proceedings pursuant to Part 3, Section
56837 of the Cortese-Knox Local Government Reorganization Act of
1985.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin, California on the day of , 1989.
·
(jrlsula £J Kehnedy
Mayor
Mary E. WYnn-"
City Clerk
l?
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EXHIBIT "A"
HOLT AV£NUE, NORTH OF WARR£N
ANNEXATION NO. 147
TO TH£
CITY OF TUSTIN
That portion of Lot 4 of the Vanderl±p and Rowan Tract,
in Unincorporated Territory .~f the County of Orange, ~tate
of California, as shown on a map recorded in Book 5, page
160 of Miscellaneous Records of Los Angeles County,
California, described as follows:
BE~INNIN~ at the northwest corner of the "Holt-Warren
Annexation No. 133" to the City of Tustin, said northwest
corner being also the centerline intersection of Warren
Avenue and Holt Avenue; and being also the southwest corner
of said Lot 4 of the Yanderlip ~nd Rowan Tract;
Thence. along the existing boundary line of the City of
Tustin as established by said "Holt-Warren Annexation No.
133," said boundary line also being the centerline of
Warren Avenue, ~. B3° ~O' .36" E., 249.?0 feet to the
southeast corner of that certain parcel cf land described
in Grant Deed to Dorothy L. Toth, Trustee, recorded
October 26, 1981, in Book 14268, page 1707, of Official
Records, in the office of the County Recorder of said
Orange C~unty, California;
Thence leaving said existing boundary line of the City
of Tustin and leaving said centerline of Warren Avenue, and
along the easterly boundary line of said parcel described
in Grant Deed recorded in Book 14268, page 1?07, of
Official Records, N. 2° 04' 20" W., 160.76 feet to the
northeast corner of said parcel;
Thence along the northerly boundary line of said
~ge 1 of 3
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EXHIBIT "A"
HOLT AVENUE, NORTH OF WARREN
ANNEXATION NO. 147
TO THE
CITY OF TUSTIN
parcel, N. 83° 51' 24" W., 5.65 feet to an angle point in
the bound~ry of the first parcel described in Quitclaim
Deed recorded February 11, 1987, as Document No. BY-O78847
in Official Records, in the office of the County Recorder
of said Orange County, said angle point being at the
easterly terminus of that certain course in the boundary of
said parcel described in said Quitclaim Deed as
"N. 83° 50' W., 65.06 feet, more or less"; said angle point
also being an angle point in the westerly boundary line of
Parcel Nos. F7-603' and F?-603.1 which are described
together as a whole in Grant Deed to the Orange County
Flood Control District recorded August 31, 1960, in Book
5398, page 24, Official Records of said Orange County;
Thence along said westerly boundary line,
N. 0° 00' 21" W., 172.97 feet to the southeast corner of
Parcel No. F7-604.01 described in Grant Deed to the Orange
County Flood Control 'District recorded April 11, 1960, in
Book 5188, page 177, Official Records of said Orange
County;
Thence along the southerly boundary line of said Parcel
No. F?-604.01, H. 83° 50' 36" W., 0.65 feet to the
southwest corner of said parcel;
Thence along the westerly boundary line of said Parcel
No. F?-604.01, and along the westerly boundary lines of
Parcel Nos. F?-605 and F?-606 described in Grant Deeds to
the O~an~e County Flood Control District recorded
Page 2 of 3
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EXHIBIT "A"
HOLT AVENUE, NORTH OF WARREN
AHNEXATION NO. 147
TO THE
CITY OF ~USTIM
-
respectively March 29, 1960, in Book 5167, page 24, and
March 30, 1960, in Book 5169, page 417, both o~ Official
Records of said Orange County, N. 2° 04' 20" W., 303.30
feet to the southeast corner of Lot 1 of Tract No.. 6400 per
map recorded in Book 257, pages 23 and 24 of Miscellaneous
Maps, in the office of the County Recorder of said Orange
County, California;
Thence along the southerly boundary line of said Lot 1
and along the westerly prolongation of said southerly
boundary line, N. 83° 51' 31" W., 226.56 feet to a point on
the centerline of Holt Avenue;
Thence along said centerline of Holt Avenue,
S. 0° 00' 21" E., 634.86 feet to the POINT OF BEGINNING.
All as more particularly shown on a map, EXHIBIT "B",
attached hereto and by this reference made a part hereof.
CONTAINING:
3.441 acres = 0.0054 sq. mi.
Legal description prepared by:
%~/~ , ~_~%~// LiCensed Land ~rveyor No. 4125.
~;~0~.~%%~y (hi%ense expiration date 6-30-92)
Page 3 of 3
EXHIBIT
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GARY SIEGEL & CO~APAI"IY
Land Surveying, Mapping, and
Related Land Development Services
160 Cm~lennial Way, Tuslin. California 92680
Phone ( 7141 731- 4500
Dole Scale Field Book
/Y07'
Sob No.
3.3588
HOLT AVENUE,
NORTH OF WARREN
ANNEXATION NO. 147
TO THE CITY OF TUSTIN, CALIFORNIA.
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RESOLUTION NO. 89-7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
· .
TUSTIN, CALIFORNIA, CONFIRMING THE APPLICATION
OF THE MASTER PROPERTY TAX TRANSFER AGREEMENT TO
THE PROPOSED HOLT AVENUE/NORTH OF WARREN
ANNEXATION NO. I47.
WHEREAS, A MASTER PROPERTY TAX TRANSFER AGREEMENT BETWEEN THE COUNTY
OF ORANGE AND THE CITY OF TUSTIN TO PROVIDE FOR PROPERTY TAX EXCHANGE IN
AREAS ANNEXED BY THE CITY has been executed by the Board of Supervisors of
Orange County and the City Council of the City of Tustin. Effective
November 18, 1980, the agreement provides for division of property taxes
pursuant to Section 99(d) of the Revenue and Taxation Code of the State of
California; and
WHEREAS, the City Council of Tustln has proposed the annexation of
the inhabited and developed area kn~n. as Holt Avenue/North of Warren
Annexation No. 147.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Tustin that the MASTER PROPERTY TAX TRANSFER AGREEMENT BETWEEN THE COUNTY
OF ORANGE AND THE CITY OF TUSTIN TO PROVIDE FOR PROPERTY TAX EXCHANGE IN
AREAS ANNEXED BY THE CITY providing for the allocation of property tax
revenues, as approved by the Board of Supervisors and the City Council and
effective November 18, 1980, shall be applicable to the 'territory within
the proposed Holt Avenue/North of Warren Annexation No. 147 to the City of
Tustln for the annexation of 3.441 acres as substantially developed
property.
PASSED AND.ADOPTED at an adjourned regular ~eting o~ the Tustin City
Counci l, held on the day of , 1989.
m ............
UrSbla )~. K~nnedy, I I
Mayor
Miry W~nn~
City Clerk