Loading...
HomeMy WebLinkAboutPH 2 ANNEXATION 149 02-20-90DATE: TO: FROM: SUBJECT: FEBRUARY 20, 199 WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT PUBLIC HEARING N0. 2 2-20-90 Inter - Com ANNEXATION 149 NEWPORT AVENUE/WARREN TO THE CITY OF TUSTIN RECOMMENDATION It is recommended that the City Council: 1. Open protest hearing. 2. Summarize the determination made by LAFCO's Resolution No. 89- 63. 3. Receive and file written protests from property owners. 4. Accept public testimony. 5. Inquire if anyone else wishes to submit a written protest or to withdraw a protest previously filed. 6. Close the public hearing (or continue the public hearing to the next meeting if the Council desires). 7. Direct staff to certify the value of written protests on February 20th or report back at the City Council's March 5, 1990 meeting. 8. Either adopt Resolution 90-25 approving Annexation 149, or direct staff to return on March 5, 1990 with an appropriate resolution. BACKGROUND Annexation No. 149 was initiated by the Tustin City Council on September 5, 1989 (Resolution No. 89-127) in response to property owners in the subject area. Shortly thereafter, the Community Development Department transmitted the annexation proposal to the Local Agency Formation Commission (LAFCO). After conducting a public hearing on November 1, 1989, LAFCO approved the subject annexation. LAFCO Is action was appealed and an appeal hearing was held on January 10, 1990. The nature of the appeal was that the proposed annexation failed to meet the test of contiguity as defined in Government Code Section 56031 (b). However, County City Council Report Annexation 149 February 20, 1990 Page 2 Counsel had previously established that Annexation 149 meets the contiguity requirement. Consequently, LAFCO reconfirmed their initial decision approving Annexation 149 by the adoption of Resolution No. 89-63 subject to the following terms and conditions. 1. LAFCO of the County of Orange does hereby resolve, determine and order as follows: A. Subject to the terms and conditions hereinafter specified, this proposal is approved. B. The boundaries of the territory proposed to be annexed to the City of Tustin are specifically described in the legal description attached hereto and by this reference made a part hereof. Said territory is found to be uninhabited and is assigned the following short -form designation: Annexation No. 149 to the City of Tustin. C. The City of Tustin is designated as the conducting authority and the legislative body thereof is hereby directed to initiate annexation proceedings in compliance with this Resolution. Said City Council of the City of Tustin shall by resolution either: 1. Terminate proceedings if written protests have been filed and not withdrawn by owners owning 50% or more of the assessed value of the land within the affected territory; or 2. Order the territory annexed without an election unless a petition requesting that the proposal be submitted to confirmation by the voters has been signed by at least 25 percent of the number of landowners within the territory owning at least 25 percent of the assessed value of land within the district. D. The City of Tustin, as applicant, shall be liable for and pay all proper expenses incurred in conducting proceedings in compliance with this resolution. Community Development Department City Council Report Annexation No. 149 February 20, 1990 Page 3 ANALYSIS The subject annexation is 7.826 acres in size and is located on the west side of Newport Avenue. The area is bounded by unincorporated residential properties on the west and north, the northern border of Tustin on the south, and Newport Avenue on the east. The annexation area is shown on Exhibit B of LAFCO Resolution 89-63 attached hereto. The area includes 6 residences, 2 vacant lots, and 8 office buildings. The area is designated for single family residential use, with a Garden Office overlay incentive under provisions of the North Tustin Specific Plan. The Garden Office overlay provides a method whereby property may be classified and used for garden professional office and administrative use if uses and structures are in compliance with specific site development provisions and requirements. Section 9213(e) of the City Code states that any territory included within the City, which, at the time of its annexation does not have a zone designated by prezoning, shall be designated by the zone which the territory bore under the County Zoning Ordinance, provided there is a district bearing the same designation. Any land which does not bear a designation which is also contained in the City Code, shall be designated as being in the "U" - Unclassified District. All properties with the zoning designation of Unclassified shall first secure a use permit prior to any new uses being established. As soon as is practical, staff will develop a PC- Planned Community district in accordance with the existing zoning regulations in order to maintain consistency with the North Tustin Specific Plan because there is not a similar zoning designation in the Tustin City Code. (See February 20, 1990 City Council staff report under new business requesting initiation of Zone Change procedures). A full range of municipal services would be extended upon annexation and would include refuse collection, police patrol, park and recreation services, street sweeping, street maintenance and general governmental administration. Service levels would be equal to other developed areas of the City and would be provided immediately upon annexation. The annexation area is within the City of Tustin's sphere of influence which presumes eventual annexation to the City. This Community Development Department City Council Report Annexation No. 149 February 20, 1990 Page 4 annexation will advance community facilities and consolidate jurisdictional responsibilities which is consistent with State, County and LAFCO policies. The City Council of the City of Tustin is the conducting authority to initiate annexation proceedings in compliance with LAFCO's resolution dated November 1, 1989. The merits of the project have already been determined by LAFCO. Therefore, the Council has no authority at this time to make decisions other than conducting a protest hearing and determining the value of written protests. Upon conclusion of the hearing, the City Council should instruct staff to review and determine the value of the written protests filed and not withdrawn. Not more than 30 days after the protest hearing is closed the City Council will have to adopt a resolution making a finding regarding the value of written protests filed and not withdrawn. To verify the value of written the persons shown as owner assessment roll of the County 1. The total number of the total assessed affected territory. protests, staff must have names of s of land on the last equalized and ascertain the following: landowners within the territory and valuation of all land within the 2. The total number of landowners represented by qualified signatures and the total assessed valuation of land owned by qualified signatures. A summary of this information is included as Attachment I. If the validity of written protests can be determined the evening of February 20th, the City Council should take one of the following actions: 1. Terminate proceedings if written protests have been filed and not withdrawn by land owners owning 50% or more of the assessed value of the land within the territory; or 2. Order the change of organization if written protests have been filed and not withdrawn by owners of land who own less than 50% of the total assessed .value of land within affected territory. Community Development Department City Council Report Annexation No. 149 February 20, 1990 Page 5 CONCLUSION If the value of written protests can be determined, staff recommends that the City Council adopt Resolution No. 90-25. If adopted this Resolution will be transmitted to LAFCO for submittal to the Secretary of State. Acceptance of the Resolution by the Secretary of State will then formalize the annexation. The Council may also continue a determination on written protests until March 5, 1990. Beth Schoemann Christine A. Shingle Associate Planner Director of Communi Development Attachments: LAFCO Resolution No. 89-63 Resolution No. 90-25 Community Development Department 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 90-25 A RESOLUTION OF THE CITY COUNCIL ORDERING TERRITORY DESIGNATED AS "ANNEXATION 149 - NEWPORT/ WARREN" ANNEXED TO THE CITY OF TUSTIN. Whereas the Local Agency Formation Commission of the County of Orange adopted Resolution No. 89-63 on November 11 1989, making determinations and approving the proposed annexation to the City of Tustin as described in Exhibit A attached hereto and by this reference incorporated herein; and Whereas, the terms and conditions of annexation as approved by the Local Agency Formation Commission are as follows: 1. Subject to the terms and conditions hereinafter specified, said proposal is approved. 2. The boundaries of the territory proposed to be annexed to the City of Tustin are specifically described in the legal description attached hereto and by this reference made a part hereof. Said territory is found to be uninhabited and is assigned the following short -form designation: Annexation No. 149 to the City of Tustin. 3. The City of Tustin is designated as the conducting authority and the legislative body thereof is hereby directed to initiate annexation proceedings in compliance with this resolution. Said City Council of the City of Tustin shall by resolution either: a. Terminate proceedings if written protests have been filed and not withdrawn by land owners owning 50% or more of the assessed value of the land within the affected territory; or b. Order the change of organization if written protests have been filed and not withdrawn by owners of land who own less than 50% of the total assessed value of land within the affected territory. 4. The City of Tustin, as applicant, shall be liable for and pay all proper expenses incurred in conducting proceedings in compliance with this resolution. Whereas, the reasons for this annexation are: to provide a more efficient delivery of municipal type services; and Whereas, the regular County assessment roll is utilized by this City; and 1 2 3 4 5 6 7 8 9 10 11' 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 90-25 February 20, 1990 Page 2 Whereas, the affected territory will not be taxed for existing general bonded indebtedness of this City; and Whereas, the Local Agency Formation Commission has authorized this Council to approve this annexation. Whereas, the City Council of the City of Tustin finds 11 that written protests filed and not withdrawn by owners of, land amounted to less than 50% of the total assessed value of land within the affected territory. Now, therefore, be it resolved that the City Council of the City of Tustin hereby orders the territory described in Exhibit A annexed, and directs the City Clerk of the City of Tustin to transmit a certified copy of this resolution with applicable fees required by Section 54902.5 of the Government Code to the executive officer of the Local Agency Formation Commission of Orange County. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the 20th day of February, 1990. MARY E. WYNN City Clerk RICHARD B. EDGAR Mayor 2 3 4 5 6 7 8 9 10 11 1' 13 W H oz� 15 �o W 0 v - Y W 16 � u OZa 'o 0 17 18 19 20 '1 2? 23 24 25 i RESOLUTION OF THE LOCAL AGENCY FORMATION COMMISSION OF ORANGE COUNTY, CALIFORNIA November 1, 1989 RECEIVE1, , NOV 1 319& ADMINISTR On motion of Commissioner Boran, duly seconded and carried, the following resolution was adopted: WHEREAS, a resolution for the proposed annexation designated Annexation No. 149 to the City of Tustin in the County of Orange was heretofore filed by the City of Tustin and accepted for filing September 15, 1989, by the Executive Officer of this Local Agency Formation Commission pursuant to Part 3 of Title 5, Division 3, commencing with Section 56000 et seq of the Government Code; WHEREAS, the Executive Officer, pursuant to Government Code Section 56828 set November 1, 1989, as the hearing date of this proposal and gave the required notice of hearing; and WHEREAS, the Executive Officer, pursuant to Government Code Section 56833, has reviewed this proposal and prepared a report including his recommendation thereon, and has furnished a copy of this report to each person entitled to a copy; and WHEREAS, this Commission called this proposal for public hearing on November 1, 1989, heard from the interested parties, considered the proposal and the report of the Executive Officer, and considered the factors determined by the Commission to be relevant to this proposal, including, but not limited to, factors specified in Government Code Section 56841; and WHEREAS, the proposed annexation has been determined to be categorically exempt from the requirements of the California Environmental Quality Act of 1970. NOW, THEREFORE, the Local Agency Formation Commission of the County of Orange DOES HEREBY RESOLVE, DETERMINE and ORDER as follows: Section 1. Subject to the terms and conditions hereinafter specified, said proposal is approved. Section 2. The boundaries of the territory proposed to be annexed to the City of Tustin are specifically described in the legal description attached hereto and by this reference made a part hereof. Said territory is found to be uninhabited and is assigned the following short -form designation: ANNEXATION NO. 149 TO THE CIT`( OF TUSTIN. Resolution No. 89-63 2 3 4 5 6 7 8 9 10 11 12 13 J W f oZ; 15 �o W O u _�W 16 4 u p Z z Z 'o 0 17 18 19 20 21 2 .7. '3 24 lection 3. The City of Tustin is designated as the conducting authority and the legislative body thereof is hereby directed to initiate annexation proceedings in compliance with this resolution. Section 4. Any election called upon the question of confirming an order for annexation shall be called, held and conducted upon such annexation only within the territory ordered to be annexed. Section 5. The City of Tustin, as applicant, shall be liable for and pay all proper expenses incurred in conducting proceedings in compliance with this resolution. Section 6. The Executive Officer is hereby authorized and directed to mail certified copies of this resolution in the manner as provided in Section 56853 of the Government Code. AYES: COMMISSIONERS DAVID BORAN, JAMES H. FLORA, GA.DDI H. VASQUEZ and EVELYN HART NOES: COMMISSIONERS NONE ABSENT: COMMISSIONERS DON R. ROTH STATE OF CALIFORNIA AR COUNTY OF ORANGE I. JAMES J. COLANGELO, Executive Officer of the Local Agency Formation Commission of Orange County, California hereby certify that the above and foregoing resolution was duly and regularly adopted by said Commission at a regular meeting thereof, held on the lst day of November, 1989. 1989. IN WITNESS WHEREOF, I have hereunto set my hand this 1st day of November, 25 26 N N T Resolution No. 89-63 ® 28 JAMES J. COLANGELO Executive Officer of the Local Agency Formation Commission of Orange County, California flx;elle/� lee By _qx Secretly ' 2. M1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 1111O('f• riuuui.1; 5752 96 5852 06,16,17 EXHIBIT "A" NEWPORT - WARREN AN14EXATION NO. 149 TO THE CITY OF TUSTIN That portion of Lot 11 of the Vanderlip and Rowan Tract, in Unincorporated Territory of the County of Orange, State of California, as shown on a map recorded in Book 5, page 160 of Miscellaneous Records of Los Angeles County, California, together with those portions of Lots 15, 17 and 28 of the Supplementary Map of the Vanderlip and Rowan Tract, also in Unincorporated Territory of said County of Orange, said Supplementary Map being recorded in Book 17, page 73 of Miscellaneous Records of Los Angeles County, California, described as a whole as follows: BEGINNING at the most Easterly corner of the "Warren -Newport Annexation No. 115" to the City of Tustin, California, being a point on the centerline of Newport Avenue; Thence along the existing boundary line of the City of Tustin as established by said "Warren -Newport Annexation No. 115," 11. 310 19' 30" W., 353.16 feet to an angle point in said existing boundary line,.said angle point also being the most Westerly corner of that certain parcel of land described under Exhibit "A" in Assignment of Lessor's Interest in Lease recorded October 5, 1979, in Book 13340, page 897 of Official Records, in the office of the County Recorder of said Orange County, California; Thence leaving said existing City boundary line, and along the Northerly boundary line of said parcel -of land described in Assignment recorded in Book 13340, page 897 of Page 1 of 4 5 G 7 4 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 EXHIBIT "A" NEWPORT - WARREN ANNEXATION NO. 149 TO THE CITY OF TUSTIN Official Records, N. 89° 46' 30" E., 224.72 feet to the Southwesterly corner of that certain parcel of land described in Grant Deed to Raymond F. Braun and Betty I. Braun recorded December 29, 1945, in Book 1375, page 301 of Official Records of said Orange County; Thence leaving the boundary line of said parcel described in Assignment recorded in Book 13340, page 897 of Official Records, and along the boundary line of said land described in grant Deed to Braun, the following courses and distances: N. 00 14' 20" W., 156.81 feet; Thence East, 27.41 feet; Thence N. 390 50' 00" E., 445.2G feet to a point on the Southerly right-of-way line of Warren Avenue, 66.00 feet wide; Thence lenving the boundary line of enid land described in Grant Deed to Braun, and along a course perpendicular to said Southerly right-of-way line of Warren Avenue, N. 50 54' 30" E., 33.00 feet to the centerline of Warren Avenue; Thence along said centerline, S. 840 05' 30" E., 182.02 feet to the Southerly prolongation of the Westerly line of Parcel 2 as shown on Parcel Map No. 79-103 recorded in Book 133, pages 49 and 50 of Parcel Mapo, in the office of said Orange County Recorder; Thence along said Southerly prolongation and along Page 2 of 4 BLOCK M6011LE ,EXHIeir ,tB 5757 q6 �- 595206�16�17 I LA GOLINA DRIVE • s e�•lo'm"r 1 ,V r ISI II .. I ( i' • 'i�'I/ 2 v I--4-- WINDSORNv ,...• I— LANE $• rY. too /00 Jo O JO /00 ZOO • . �1 LE V •. ?4 / I;•I � SCALE IN FEET �"-+ ` , ,� � �': � ;. NCS: Z � • LQ VI 1 _ pal t;t• ''I1, L•/ / !,' , � . ` G 111;•1 pp/ I TN/J PRO POJAl1 00!5 ^Irtr TNf a p. ., APPROVAL OC TI •111 L ,. ,� ISE I j•�At i 1. ! ORAN COUNT !" / SURIefro, J Off E. ✓ON_ N rCANAS CX/ -//©/r PRfPARCO BY: /1 ° Oo 1 COUNT'y SURVz OR / sit .31600 Si DATC Of APr/10V / �O �►Mn lV gip;7�i� 4: GARY R. S/CCL v /S t �j /ao' [.s. 4/25 / ti�i0` > ! '" e" pt �� Jo 1 so,nr I/M lucrNef rxe,/rts -'� r; liy: ^ ��I l.: •T• �16 PJ Ur 7/)N1t 7•• 11:3 %• \\ \ �. �� 1.1 I 1 ,/r 01 Co`+�+•• Ilk ri 4 n 'YfP r1r r/OF FAU/1R,Nr N.7Y tOP f •1 /' 'r I '_ TORT �✓AR ,N: PARCr[ 'r -- RLN ,vrtt Si r, •�\ ..I t v, h I /'[R -r USr,N wATLR trr/Lir'Y ANNEAAr/ON NO, !j/ - 1 t n tots LEGCN 0p 1 aI — It ✓pyt7t5 Ell' A' ofvCX/ST/N6 jr.�,0(O"eAT,ON s'trC/TY BOUNDARY er )R JUIP(IMLNIARYANNEXAT/0N BOVNOARY\ ANO[Ra,P AND ROWAN TRACT" AREA n/SCR/ALO /N GRANT O!!O 7A ORAUN RLC. 7.826 /N �" O.F. /l73 • j0/ 11 s1cRES /N C r� Ids � POr OF 0.0/22 SO. M/. ^ / I�L1 BE611VAIM& g t 1' It , nfOJT fAJr[/7[r rORNfR oP 11 t� 11'•iHr "wARRfN - /vlwPORr �fnj,RlrfrrR/r LneNLa I;Y 1 111• AN /[ nr.tcR,nrn ,N _ / °[ ,Ao• i Ntx.er/ON NO. u6' A�s,G n•n •rNr As trn s[ / •n.t�!• l% .50' Arc ,N oR. /JJoo • tai• .,, \•/v I C/rCirr 1 -Cl BOUNDARY l/Nr Oi Oe ruf r/N PrR ^^,rw/ORT - / _O{ •• /TJ / /• WA3J ANNE A . / X T/ON NO. - /1',(.`,^ARTrANNCX Ar/UN 'J T I C�JPArte\ISIY � Land Surveying, Mapping, and NEWPORT- W R-•I(11cd Load L�ovclopntent Scrvi,e, I A R R EN I(l7 160 C..-I.^.del W.V. Lnll^. CnI'J._i. 77690 -- I ANP,."EXATION NO: 149 UJ P11-- 17141731-4510 Stel. I -- '_ .IULY 14. -•°p AJ JNewN "'N r TO THE CITY OF TUSTIN, CALIFORNIA. '1'^: 1t-ntt JSIA9 I 1 2 3 4 5 G 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 EXHIBIT "A" 14EWPORT - WARREN ANNEXATION NO. 149 TO THE CITY OF TUSTI14 said Westerly line, N. 8° 31' 52" E., 130.00 feet to the Northerly terminus of said Westerly line, being a point on the Southerly line of Lot 22 of Tract No. 3793 as shown on a map thereof recorded in Book 134, pages 15 and 1G of Miscellaneous Maps, in the office of said Orange County Recorder; Thence along said Southerly line of Lot 22, S. 840 05' 30" E., 10.00 feet to the most Southerly corner of Lot 22; Thence continuing along the boundary line of said Tract No. 3793, the following courses and distances: N. 440 42' 07" E., 170.09 feet; Thence N. 5G° 36' 30" E., 99.92 feet; Thence N. 780 51' 30" E., 77.G7 feet; Thence N. 0" 14' 59" W., 192.87 feet to the most Westerly corner of Lot 11 of Trnct No. 1743 per map recorded in Book 51, page 2 of Miscellaneous Maps, in the office of said Orange County Recorder; Thence leaving the boundary line of said Tract No. 3793, and along the boundary line of said lot 11 of Tract No. 1743, the following courses and distances: S. 490 10' 10" E., 9G.79 feet; Thence 11. 390 50' 00" E., 148.59 feet to the most Northerly corner of Lot 9 of said Tract No. 1743; Thence along the Northeasterly line of said Lot 9 and its Southeasterly prolongation, S. 490 10' 10" E., 130.00 Page 3 of 4 1 2 3 4' 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 EXHIBIT "A" NEWPORT - WARREN ANNEXATION NO. 149 TO THE CITY OF TUSTIN feet to the centerline of Newport Avenue; Thence along said centerline, S. 39° 50' 00" W., 1747.53 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM that certain parcel of land previously annexed to the City of Tustin as "PARCEL F; 14EWPORT-WARREN WELL SITE" as a part of the "TUSTIN WATER UTILITY ANNEXATION NO. 131." All as more particularly shown on a map, EXHIBIT "B," attached hereto and by this reference made a part hereof. CONTAINING: 7.1326 acres = 0.0122 sq. mi. ND C� �,( (i,SyF. �G� Legal deocription prepared by: 1 C) `' No. 4125 -)J' Up. 6-30- 9? GARY R. IEJPk. Licen -d Land Sury or No. 4125 (License expiration date 6-30-92) This p pporal docs moet tho approval of tho oranno Count urvoyor's 0111co John Canas County Su veyor ��tAND S(/,�` / C l Fk un Date 1 i> > r n! t t��}_[T''1 -' No. 4403 \ -- EXP 9/30/93 V JtA lF OF C�1.�E� Page 4 of 4 ATTACHMENT I VALUATION ASSESSOR ASSESSEE LAND IMPROVEMENT PARCEL # 401-131-22 ortese Properties 401-181-51 Donald Kline 476540 464285 401-181-52 Ronald Douglas 68347 255462 401-191-29 Cortese Properties 392600 0 401-191-30 Lloyd Polson 18646 24373 401-191-31 Cortese Properties 210000 0 401-211-35 Howard Stroupe 10423 11389 401-211-36 George Wi 1 fest 129659 24021 401-211-53 Cleo Key Trust 114084 120700 401-211-57 Cleo Key Trust 40069 20757 401-211-59 Cleo Key Trust 27033 4966 401-211-64 Tustin Water Works 5828 505 401-211-65 John Jackson 23507 23023 401-211-69 George Wil fert 231142 233076 401-221-15 North American Life 233868 770421 401-221-21 Clarence Vandruff Trust 30315 64351 938-45-011 Laurentz Marsters 30177 82500 938-45-012 Carol Holub 94950 57410 938-45-013 Carol Holub 101574 60723 938-45-014 Big West Developers 27035 67057 938-45-015 Robert W. Dapper 81182 75769 938-45-016 James M. Carr 57936 86904 938-45-017 Big West Developers 23855 63292 938-45-018 Big West Developers 29077 78862 280532247 2589846