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HomeMy WebLinkAboutPH 1 ANNEXATION 137 12-15-86DATE: December 15, 1986 PUBLIC HEARING NO. 1 12-15-86 Inter- Com TO: FROM: SUBJECT: HONORABLE MAYOR & IqENBERS OF THE CITY COUNCIL COIqlqUNITY DEVELOPfqENT DEPARTHENT PROPOSED DIANOND HEAD/GARLAND ANNEXATION NO. 137 PROTEST HEARING RECOI~qENDATION: Direct staff to prepare a resolution making one of the following findings regarding the value of written protests: Terminate the proceedings if written protests have been filed and not withdrawn by 50% or more of the registened voters within the affected territory; or B. Order the territory annexed without election. PROJECT ANALYSIS: The proposed annexation was initiated by the Tustin City Council on August 4, 1986 with the adoption of Resolution No. 86-87. The proposal was submitted to the Local Agency Formation Commission (LAFCO) as an "island" annexation (which contains less than 75 acres in size). The annexation territory contains approximately 26.9 acres consisting of two parcels located in the central Tusttn area. Parcel I is approximately 22.4 acres and is located north of Bryan Avenue and east of Red Hill Avenue. Parcel 2 is approximately 4.5 acres and located west of Red Hill Avenue and north and south of Garland Avenue. The site is fully developed with a population of approximately 243 persons. Annexation is proposed for the purpose of increasing the economy and efficiency of government services by incorporating an unincorporated island within the city's sphere of influence. Section 56375(d) of the Government Code empowers LAFCO to approve a city annexation after notice and hearing, and to authorize the conducting authority to order annexation of territory without election if the commission finds the territory contained in the annexation proposal meets all the requirements of the Government Code. On September 23, 1986 the Local Agency Formation Commission held a public hearing and authorized that the annexation be completed consistent with the following provisions: ~1. The Tusttn City Council shall be the conducting authority for completing the annexation proceedings in compliance with said resolution. City Council Report Annexation No. 137 page two The Tustin City Council shall conduct a public hearing on the proposed annexation and not more than 30 days after the conclusion of the hearing, make a finding regarding the value of written protests filed and not withdrawn and shall either: (a) terminate proceedings if written protests have been filed and not withdrawn by 50 percent or more of the registered voters within the affected territory; or (b) order the territory annexed without election. The City of Tustin~ as applicant, shall be liable and pay the applicable State Board of Equalization filing and processing fee prior to the issuance of the final statement of boundary change by the Executive officer of the Local Agency Formation Commission. Associate Planner MAC:do Attachments OHRISTINE SHINGLETON ~/ Director of Community Development Community Development Department 5 6 7 8 9 10 11 13 14 15 16 17 18 19 2O 21 22 23 24 26 27 28 RESOLUTION OF THE LOCAL AGENCY FORMATION COMMISSION OF ORANGE COUNTY, CALIFORNIA October l, 1986 On motion of Commissioner Riley, duly seconded and unanimously carried, the following resolution was adopted: WHEREAS, a proposal for the proposed annexation of territory to the City of Tustin in the County of Orange, State of California, was heretofore filed by the City of Tustin and accepted for filing on September 4, 1986 by the Executive Officer of the Local Agency Formation Commission pursuant to Title 5, Division 3, commencing with Section 56000 et seq. of the Government Code, State of California; and WHEREAS, the Executive Officer, pursuant to Government Code Section 56828 set October l, 1986, as the hearing date of this proposal designated as Diamond Head/Garland Annexation No. 137 and gave the required notice and 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 October l, 1986, 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 Sections 56841 and 56375(d) of the Government Code; 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, DE~ERMINE and ORDER as follows: Section 1. This Commission finds that the territory contained in this proposal: (a) Does not exceed 75 acres in area and such territory is substantially surrounded by the City limits of Tustin. (b) The site is fully developed with 105 single-family residential units in accordance with the existing Orange County R1 zoning. Resolution No. 86-55 4 5 6 7 8 9 10 11 · 13 14 15 16 17 18 19 20 21 23 26 27 Section 2. Section 3. Section 4. Section 5. Section 6. AYES: COMMISSIONERS NOES: ABSENT: COMMISSIONERS COMMISSIONERS Resolution No. 86- 55 (c) Is not prime agricultural land as defined in Section 56046 of the Government Code. (d) Will benefit from annexation to the City of Tustin. Subject to the terms and conditions hereafter specified, said proposal is approved. The boundaries of the territory proposed to be included in and 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 inhabited and said territory is assigned the following designation: DIAMOND HEAD/GARLAND ANNEXATION NO. 137 TO THE CITY OF TUSTIN, CALIFORNIA. Any resolution orderipg such annexation shall provide that such annexation shall be made subject to the following specified terms and conditions: (a) That the City of Tustin, as applicant, shall be liable for and pay all proper expenses incurred in conducting proceedings for the subject change of organization. The City Council of Tustin is designated as the conducting authority and is hereby directed to initiate annexation proceedings in compliance with this resolution. Said Council shall by resolution either: (a) terminate proceedings if written protests have been filed and not withdrawn by 50 percent or more of the registered voters within the affected territory; or (b) order the territory annexed without an election. The Executive Officer is hereby authorized and directed to mail certified copies of this resolution in the manner and as provided in Section 56853 of the Government Code, THOMAS F. RILEY, PHILLIP R. SCHWARTZE, DONALD A. HOLT, JR., DONALD J. SALTARELLI AND ROGER R. STANTON NONE NONE 8 9 lO 11 12 16 17 18 19 20 21 22 2~ 24 ~ 27 STATE OF CALIFORNIA COUNTY OF ORANGE I, RICHARD T. ) TURNER, 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 1st day of October, 1986. IN WITNESS WHEREOF, I have hereunto set my hand this 1st day of October, 1986. RICHARD T. TURNER Executive Officer of the Local Agency Formation Commissiion of Orange County, California By ///~-~/~ ~retary Resolution No. 86-55 ! 2 3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 20 21 22 23 24 26 27 28 29 30 32 PARCEL l: EXHIBIT "A" DIAMOND HEAD/GARLAND ANNEXATION NO. 137 TO THE CITY OF TUSTIN THOSE portions o~ Lot 14 in Block 12 and of Lot 3 in Block 12 of Irvine's Subdivision, in the Unincorporated Territory, County of Orange, State of California, per map thereof recorded in Book l, Page 88 of Miscellaneous Maps, in the Office of the County Recorder of Orange County, California, described as follows: BEGINNING at an angle point in the existing boundary line of the City of Tustin as established by the "Red Hill-Melvin Annexation No. 100," said point being the Northeasterly terminus of that certain course described in said annexation as "S. 39°54'15'' W., 165.00 feet," said point also being on the centerline of Melvin Way, distant N. 50°00'15'' W., 125.40 feet from the Southeasterly terminus of said centerline as shown on the map of Tract No. 3715 recorded in Book 130, Pages 49 and 50 of Miscellaneous Maps, in the Office of said County Recorder; THENCE along said existing boundary line as established by said "Red Hill- Melvin Annexation No. 100," the following courses and distances: S. 39°54'15'' W., 165.00 feet to an angle point; THENCE S. 50°00'15'' E., 125.40 feet to an angle point; THENCE S. 39°54'18'' W., 330.25 feet to the most Westerly corner of Tract No. 3857 per map thereof recorded in Book 136, Pages 6 and 7 of Miscellaneous Maps, in the Office of said County Recorder; THENCE continuing along said existing boundary line as established by the "Red Hill-Melvin Annexation No. 100," the following courses and distances: S. 29°54'18'' W., 105.00 feet to an angle point; THENCE N. 50°00'12" W., 660.38 feet to an angle point in said annexation boundary, said point being on the centerline of Red Hill Avenue at the most Northerly corner of Tract No. 4203, per map thereof recorded in Book 147, Pages 39 and 40 of Miscellaneous Maps, in the Office of said County Recorder; THENCE continuing along said existing boundary line as extablished by the Page 1 of S 5 6 ? 8 9 10 11 2 11~ 14 15 16 17 18 19 20 21 24 ~5 26 27 aO EXHIBIT "A" DIAMOND HEAD/GARLAND ANNEXATION NO. 137 TO THE CITY OF TUSTIN "Red Hill-Melvin Annexation No. 100", and along said centerline of Red Hill Avenue, S. 39°54'15'' W., 242.95 feet to an angle point on the existing boundary line of the City of Tustin as established by the "Bryan-Red Hill Annexation No.2", said angle point being S. 50000'40'' E., 210.00 feet from the Northerly terminus of that certain course shown as "N. 50000'40'' W., 210.00 feet" on the map of said annexation; THENCE continuing along said existing boundary line as established by said "Bryan-Red Hill Annexation No.2", the following courses and distances: S. 50°00'55" E., 50.00 feet to an angle point; THENCE S. 39°54'15'' W., 312.52 feet to an angle point; THENCE S. 50° 00'15" E., 610.33 feet to an angle point; THENCE S. 39054'30'' W., 700.51 feet to an angle point,'said point also being in said existing boundary line as established by the "Bryan-Red Hill Annexation", said angle 'point being at the intersection of a line parallel with and 40.00 feet South- westerly of the centerline of Bryan Avenue with the Southwesterly prologation of the Northwesterly line of Tract No. 1737, per map recorded in Book 49, Page 43 of Miscellan- eous Maps, in the Office of said County Recorder; THENCE continuing along said existing boundary line as established by said "Bryan-Red Hill Annexation", and along said parallel line, S. 50o00'00'' E., 330.18 feet to an angle point in the existing boundary line per the "Bryan Annexation", said angle point being the most Westerly corner of said annexation, said point being at the intersection of said parallel line with the Southwesterly prolongation of the South- easterly line of said Tract No. 1737;. THENCE continuing along said existing boundary line as established by said "Bryan Avenue Annexation", N. 39054'37'' E., 1360.98 feet to an angle point in said existing boundary per said "Bryan Avenue Annexation", said point being on the South- westerly line of Tract No. 3858 per map recorded in Book 142, Pages 44 and 45 of Miscellaneous Maps, in the Office of County Recorder; Page 2 of 5 6 ,./ 8 9 10 11 13 I6 18 19 20 21 22 2~ 2~ 28 2~ EXHIBIT "A" DIAMOND HEAD/GARLAND ANNEXATION NO. 137 TO THE CITY OF TUSTIN THENCE leaving said existing boundary line following along said Southwesterly line of Tract No. 3858, N. 50°00'12'' W., 27.22 feet to the most Southerly corner of Tract No. 3857, per map recorded in Book 136, Pages 6 and 7 of Miscellaneous Maps, in the Office of said County Recorder; THENCE along the Southeasterly line of said Tract No. 3857, N. 39°54'18" E., 513.49 feet to the centerline of Melvin Way as shown on the map of said Tract No. 3857; THENCE along said· centerline of Melvin Way the following courses and distances: N. 50°05'42" W., 116.00 feet to the beginning of a tangent curve, concave Southwesterly and having a radius of 496.99 feet; THENCE Northwesterly 94.06 feet along said curve through a central angle of 10°50'38'' to a reverse curve, concave Northeasterly and having a radius of 496.99 feet (a radial to said point bears N. 29°03'40" E.); THENCE Northwesterly 94.06 feet along said curve through a central angle of 10°50'38" to a point of the intersection of said centerline of Melvin Way with the Northwesterly line of said Tract No. 3857, said point also being the intersection of said centerline of Melvin Way with the Southeasterly line of said Tract No. 3715; THENCE continuing along said centerline of Melvin Way and along a course which is nontangent to the last-mentioned curve in said centerline, N. 50°00'15" W~ 125.40 feet to the POINT OF BEGINNING. PARCEL 2: THAT portion of Lot 2 in Block 12 of Irvine's Subdivision, in the Unincor- porated Territory, County of Orange, State of California, per map thereof recorded in Book ·l, Page 88 of Miscellaneous Haps, in the Office of the County Recorder of Orange County, California, described as follows: BEGINNING at an angle point in the existing boundary line of the City of Tustin as established by the "Red Hill-Irvine Annexation No. 70", said angle point being on the centerline of Red Hill Avenue at the Southwesterly terminus of that Page 3 of 5 5 $ 7 8 10 11 14 15 16 17 ~0 24 26 27 28 29 3O 81 32 EXHIBIT "A" DIAMOND HEAD/GARLAND ANNEXATION NO. 137 TO THE CITY OF TUSTIN certain course described in said annexation as "S. 39°54'33'~ W., 360.45 feet", said angle point also being the intersection of said centerline of Red Hill Avenue with the Southeasterly prolongation of the Northeasterly line of Tract No. 4238, per map thereof recorded in Book 148, Pages 5 and 6 of Miscellaneous Maps, in the Office of said County Recorder; THENCE along said existing boundary line as established by the "Red Hill- Irvine Annexation No. 70", and along said Southeasterly prolongation and the North- easterly boundary line of said Tract No. 4238, N. 50°00'08'' W., 660.78 feet to the most Northerly corner of said Tract No. 4238, said corner being also at a point in the existing boundary line per the "Bryan-Red Hill Annexation" to said City, said point being N. 39°59'20'' E., 300.00 feet from the Southwesterly terminus of that course shown as "S. 39°59'20'' W., 605.00 feet more or less", in said annexation; THENCE continuing along the boundary line of Tract No. 4238 and along said existing City boundary line as established by said "Bryan-Red Hill Annexation" the following courses and distances: S. 39°54'56'' W., 300.00 feet to an angle point; THENCE S. 50°00'08'' E., 610.81 feet to an angle point, said point also being at the most Northerly corner of said "Red Hill-Melvin Annexation No. 100" to said City; THENCE continuing along the boundary line of said Tract No. 4238 and its Southeasterly prolongation, and along said existing City boundary line as established by the "Red Hill-Melvin Annexation No. 100", S. 50°00'08" E., 50.00 feet to an angle point in said existing City boundary line at the most Northerly Northeast corner of said annexation, said angle point also being on the centerline of Red Hill Avenue; THENCE leaving said existing boundary line following along said centerline of Red Hill Avenue, N. 39°54'33'' E., 300.00 feet to the POINT OF BEGINNING. All as more particularly shown on a map, EXHIBIT "B", attached hereto and by this Page 4 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 EXHIBIT "A" DIAMOND HEAD/GARLAND reference made a part hereof.. CONTAINING the following areas: PARCEL 1: PARCEL 2: ANNEXATION NO. 137 TO THE CITY OF TUSTIN 22.385 acres = 0.0350 sq. mi. 4.551 acres : 0.0071 sq. mi. COMBINED total area of PARCELS i and 2, Diamond Head-Garland Annexation No. 137: 26.936 acres = 0.0421 sq. mi. Legal Description prepared by: Licensed Land Surveyor No. 4125 This proposal does meet the approval of the Orange County Sur_veypr's O~fice. C. R. NelS~.~Co~t~SKrye~or ~Dep~,i;~ Cou~t~ur~e~.For JG/BA:mk Page 5 of 5 EXHIBIT "~" J S : ~". zoo' 80UI..~=VARD '?'i('/~ ::, 7 AVE. GARY SIEGEL & COMPANY Land Surveying, Mapping, and Related Land Development Services .... ".° Z'%_,_w.7;,:m?- ::::7"'° "?_ ....... ---.-,,."I"'","-'-' 1'"'~,:~.,, 1'°'"=, DIAMOND HEAD- GARLAND ANNEXATION NO. 1:37 TO THE CITY OF TUSTIN, CALIFORNIA.