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.