HomeMy WebLinkAboutPH 2 ANNEXATION 149 09-05-89 PUBLIC HEARING NO. 2 ~ATE: SEPTE]qBER 5, 1989 ~ TO: FROM: SUBJECT: HOIIORABLE PAYOR AND NElqBERS OF THE CITY COUNCIL COIqlqUIIITY DE*VELOPIqENT DEPARTIqEIIT NE'~PORT MENUEI#ARREII ANNEXAT]:ON I10. 149 RECOMMENDED ACTION It is recommended that the City Council conduct a public hearing to receive testimony from affected residents and adopt Resolution No. 89-127 making application for Annexation No. 149 to the Local Agency Formation Commission (LAFCO). BACKGROUND AND DZSCUSS]:ON The Cortese-Knox Government Reorganization Act of 1985 authorizes the City Council to make appllcatton for the annexation of territory after adoption of a Resolution. It has been Councll poltcy to initiate annexations when residents or property owners of an unincorporated area have filed a petition with the City. In this case, an annexation petition has been signed by 8 persons or 68% of the property owners in the area. The area also qualifies as an "uninhabited" annexation since there are less than 12 registered voters. 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 (Baptist Church) on the south, and Newport Avenue on the east. The annexation area is shown on Exhibit B of the attached resolution and on the location map in Exhibit No. i attached hereto. The area includes 6 residences, 2 vacant lots and garden office buildings. There are an estimated 18 residents in the area and a total of 8 regl stered voters. The area is designated for single family residential use, with a Garden Office Overlay incentive under provisions of the North Tustin Specific Plan. Exhibit 2 attached to this report is an excerpt of the North Tustin Specific Plan which identifies the zoning in the area. The zoning permits single family residential uses or garden office uses subject to a conditional use permit. Apparently certain property owners of the subject annexation intend to develop currently vacant or residential sites into garden offices in the future. Since there is no similar zoning designation in the Tustin City Code and to maintain consistency with the North Tustin Specific Plan, a zoning ordinance amendment would have to be processed concurrently in the event LAFCO transmits the annexation back to the City as conducting authority so that 'the area can maintain its current zoning. Ci ty Council Report Annexation 149 September 5, 1989 Page t~o The heartng before the City Counctl Is an Informational hearing to provtde an opportunity for the residents of the area to express thetr concerns and vtews on the resolution of application. Thts ts not a protest heartng and the filtng of a protest at thts heartng has no valtdtty as to the status of the annexation proposal. Followlng the heartng, Ctty Counctl has the discretion to table the resolution of application or to adopt the resolution. If Ctty Counctl adopts Resolution No. 89-[27 the Local Agency Formation Commission conducts a fact flndlng heartng to determine tf the subject proposal meets the requirements of the Government Code and processes the annexation accordingly. Upon LAFCO's determination of the status of the application, the matter is referred. to the City Council as the "conducting authority" for a protest hearing. If less than fifty (50~) percent of the landowners owning 50% or more of the assessed value of land within the area file a protest, the City Council orders the annexation without an election. CONCLUSION In order to address the request of the petitioning property owners, staff suggests that the City Council adopt Resolution 89-127. If approved, staff will complete the annexation application and submit it to LAFCO. Senl or P1 anner ~hristlne A. Shln~leton ~ Director of Community Development LCK:kbc Exhibits: Map Legal Descri pti on Resolution No. 89-127 Community Development Departmen-t ANNEXATI. ON~ 14'~ NAPA ST Wi NORTH O~ 200' 100' 400' 800' 08/29/89 Exhibit 1 L LAND USE DISTRICTS Exhibit 2 ! 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 RESOLUTION NO. 89-127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, MAKING: APPLICATIONFOR THE UNINHABITED ANNEXATION OF TERRITORY KNOWN AS NEWPORT AVENUE/WARREN ANNEXATION NO. 149 WHEREAS, the City Council of the City of Tustln on its own motion has initiated preliminary proceedings for the annexation of certain uninhabited territory; and WHEREAS, 'the City of Tusttn 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 September 5, 1989 did adopt a resolution of application for annexation of the subject territory to the City of Tustin; 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 Tusttn, Call fornta that': 1. The proposal for the Newport Avenue/Warren Annexation No. 149 to the City of Tustin is made pursuant to Part 3, Chapter I of the Cortese-Knox Local Government Reorganization Act of 1985. 2. The proposed change of organization consists of the annexation of 7.826 acres of uninhabited territory, surrounded by the Incorporated limits of the City of Tusttn and unincorporated territory of 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 Newport Avenue on the east, existing county ~ territory on the north and east and the northerly border of the property at 12811 Newport Avenue on the South. 4. The proposed annexation is made for the purpose of increasing the economy and efftciency of government servtces by incorporating territory within the'City's sphere of influence. The application for annexation is submitted by the City Council of the City of Tustin on its own motion along with requests from 68% of the property owners. 6 7 9 10 11 12 13 14 15 17 18 19 20 23 25 26 ~7 28 Resolution No. 89-127 Page two 6. The Local Agency Formation Commission ts hereby requested to undertake annexation proceedings pursuant to Part 3, Sectton 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 Tusttn, California on the ____ day of __~=___, 1989. Mayor City Clerk EXHIBIT 'A' .. , 2 NEWPORT - WARREN 3 ANHEXATXON NO. 4 TO THE 5 CITY OF TUSTIN $ 7 That portion o~ Lot 1! o~ the"¥anderlip and Rowan 8 Tract, in Unincorporated Territory o~ the County o~ Orange, 9 State o~ Cali~ornia, ae shown on a map recorded in Book 10 p~ge A60 o~ Hlscellaneous Records o~ Los Angeles County, 11 .... Cali~rnia,.-t~et~r' wi~h-~those portions-o~ L0-~a 15, 17 and 12 28 o~ the Supplementary Hap o~ the Vanderlip and Rowan 13 Trac~, also in Unincorporated Territory 14 Orange, said Supplementary Hap being recorded in Book 17, 15 page 73 o~ Hiecellaneous Records o~ Los Angeles County, 16 .. Cali~ornia, described ae & whole as ~oll0~s~ 17 BEGINNING at the most Easterly corner o~ the . 18 'Warren-Newport Annexation No. liS"" to the City o~ Tustin, 19 Cali~ornia, being a point on the centerline o~ Newport 20 Avenue; 21 Thence along the existing boundary 22 Tustin as established by said 'Warren-Newport Annexation 23 No. ALS," N. ~l° Ag' ~0" ~., 353. ZS ~eet to an angle point 24 in said existing boundary line,.said angle point also being 25 the moat Westerly corner o~ that certain parcel o~ land 26 described under Exhibit 'A' in Assignment o~ Leesor's 27 Interest. in Lease recorded October 5, 1979, 'in Book ~340, 28 page 897 o~ O~icial Records, in the o~ice o~ the County 29 Reco~der. O~ said Orange County,'Cali~ornial 30 Thence leaving said existing City boundary line, and 31 along the Northerly boundary line o~ said parcel o~ land 32 described in Assignment recorded in Book A3340, page Page ! o~ 4 .1 2 3 4 $ 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 26 29 3O 31 32 EXHZBZT..'A" NEWPORT - WARREN ANNEXATZON HO. 149 TO THE CITY OF TUSTIN Offlotal Records, N. 89° 46' 30' ~,,., 224.72 feet to the Southwesterly corner of that certaln parcel of land described in Grant Deed to Raymond F. Braun and Betty I. B~aun 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 Official Records, and along the boundary line of said land described in grant Deed'to Braun, the following courses and dtstances~ N. 0° 14' 20' W., 156.81 feet; Thence East, 27.41 feet; Thence N. 39° 50' 00' E., 445.26 feet to a point on the Southerly right-of-way line of Warren Avenue, 66.00 feet wide; Thence leaving the boundary line of said land described in Grant Deed to Braun, and along a course perpendicular to said Southerly right-of-way line of Warren Avenue, ... N. 5° 54' 30' E., 33.00 feet to the centerline of Warren Avenue; . , . Thence along said centerline, S. 84° feet to the Southerly prolongation of the Westerly line of Parcel 2 as shown on Parcel Hap No. 79-103 recorded in Book 133, pages 49 and 50 of Parcel Haps, in the Off,ce of sa~d Orange County Recorder; Thence along said Southerly prolongation and along Page 2 of 4 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 31 32 EXHIBIT NEWPORT - WARREN ANNEXATION NO. 149 TO THE CITY OF TUSTZH ... BaLd Westerly 1She, H. 8° 31' 52' ~., 180. O0.feet to ~he Northerly tern~nus of saSd Westerly line, belng a poln~ on · . · he Southerly ~$ne of Lot 22 of Trac~ No. 3793 as aborn on a map thereof recorded Sn Book ~34, pages H~ece~aneous Haps, ~n the off,ce of BaLd Orange County Recorder~ Thence a~ong BaLd Southerly l~ne of Lot 22, S. 84° 05' 30' E., 10.00 feet to the most SoUtherly corner of Lot 22~ Thence cont~nuSng a~ong %he boundary 1She o~ BaLd Tract No. 3793, the ~c~ov~ng courses and H' 44° 42' 07' E., 170.09 ~ee~; Thence N. 56° 36' 30' E., 99.92 Thence H. 7B° 51' 30' E., 77.67 ~eet; Thence N. 0° 14' 59' W., 192.87 ~eet*to the most Westerly corner of Lot 11 of Tract No. 1743 per map ..reccrded..$n Book 31, page2 of ~$sce~aneous ~aps,. ~$n. the o~ce o~ eaSd Orange County Recorder; Thence ~eavSng ~he boundary ~n.e o~ sa~d Tract No. 3793, and a~ong the boundary ~$ne o~ saSd ~ot 1~ o~ Tract Ho. 1743, the ~c~ov~ng courses and dSs~ancee: S. 49° 10' 10' E., 96.79 ~eet; Thence N. 39° 50' 00' E., ~48.59 ~eet to/the most Northerly corner o~ Lo~ 9 o~ sa~d Tract No. ~743; Thence a~ong the Northe&ster~¥ ~ne o~ aaSd Lot 9 and Page 3 o~ 4 3 4 5 . 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 NEWPORT - WARREN ANNEXATION NO. Z49 TO THE CITY OF TUSTIN · eet to the centerltne o~ Nevport'Avenue; .. "'ThenCe along Bald center~tne, S. 39° 50' 00' W., 1747.53 ~eet to the POINT OF BEGINNING. '; EXCEPTING TNEREFRON that certaln paroe~ o~ land .previously annexed to the C$t¥ o~ TuetSn aa 'PARCEL F; NEWPORT-WARREN WELL SITE' aa a part o~ the 'TUSTIN WATER UTILITY ANNEXATION NO. A~ ae more particularly ehovn on a map, EXHIBIT 'B,' attached hereto and by th1B re~erence made a part hereo~. CONTAININGz ., 7.826 acres'.'O, o122*'Bq' 'mt. Legal description prepared ~ ,L~cenaed Land Surveyor/No. 4~25 (L~oenae expiration da~e Page 4 o~ 4 c°'~o,f -- -- N~, #dl,& NEWPORT- WARREN' ._. _ANNEXATION~ NO.. 14.9 TO THE CITY OF' TUSTIN, CALIFORNIA.