RES-10153 Manchester Walk Reorganization Annexation Indemnification AgreementRESOLUTION NO. 10153
A RESOLUTION OF APPLICATION OF THE CITY
COUNCIL OF THE CITY OF ORANGE
REQUESTING THE LOCAL AGENCY FORMATION
COMMISSION TO TAKE PROCEEDINGS
PURSUANT TO THE CALIFORNIA GOVERNMENT
CODE SECTION 5668 TO MANCHESTER WALK
REORGANIZATION/ANNEXATION RO-06-43)
AND INDEMNIFYING THE LOCAL AGENCY
FORMATION COMMISSION.
WHEREAS, the City Council of the City of Orange (City Council) desires to have
the Loca] Agency Formation Commission of the Counhj of Orange, State of California
LAFCO) initiate proceedings pursuant to the Cortese-Knox-Hertzberg Local Government
Reorganization Act of 2000 (commencing with Section 56000 of the California Government
Code; herein the Act) for the reorganization/annexation of the Manchester Walk located at
tbe intersection of Manchester Place and Compton Avenue ; and
WHEREAS, Section 56375.3 of the Act permits LAFCO to approve the
reorganization/annexation of any changes within organizations in response to a proposal in
the form of a resolution adopted by the City provided the reorganization/annexation proposal
meets certain requirements; and
WHEREAS, this Ciry Council desires to reorganize/annex that certain territory
identified as the Manchester Walk reorganization (RO 06-43) boundary which is generally
depicted on the attached map to this Resolution and incorporated herein by this reference;
and
WHEREAS, in connection with its consideration of a General Plan Land Use
Amendment No. 2006-003 and Pre-zoning No. 1241-06 and Addendum No. 1779-06 to MND
1736-04 to allow the pre-zoning of this territory, this City Council has heretofore considered the
proposed reorganization/annexaYion of this territory to the City of Orange and an Addendum to
Mitigated Negative Declaration No. 1736-04, including an Initial Study and comments
received during the public review process, and found no substantial evidence that the pre-
zoning and reorganization/annexation of this tenitory would have a significant impact on the
environment; and
WHEREAS, if approved by LAFCO, this City Council finds and determines that the
reorganization/annexation of tbis territory would constitute a reorganization of the
boundaries between the City of Orange and the City of Anaheim; and
WHEREAS, this City Council finds and determines that tbe territory is surrounded
by the jurisdictional boundaries of the City of Orange; and
WHEREAS, based upon the facts that public utility services are available to the
tenitory to be reorganized/annexed, public improvements, and physical improvements will
be made based on an approved development, this City Council finds and determines that the
territories are substantially undeveloped; and
WHEREAS, this City Council finds and determines that none of the territory is
prime agricultural land" (as that term is defined in Section 56064 of the Act); and
WHEREAS, this City Council finds and determines that the territory will benefit
from the reorganization/annexation; and
WHEREAS, this City Council desires to reorganize/annex the territory to the City of
Orange far the following reasons:
1.The territory, when reorganized/annexed to the City of Orange, will
constitute a logical extension of this City's boundaries and will
provide appropriate city limits; and
2.The City of Orange can and will extend the full range of municipal
services to this territory in order to better serve the needs of the parcels
of land comprising the territory and their respective owners; and
3.The annexation of this territory to the City will increase the efficiency
of government services, as well as the coordination of urban planning
efforts and enhancement of community identity; and
NOW, THEREFORE, BE iT RESOLVED by the City Council of the City of
Orange as follows:
Section 1. The foregoing recitals are true and correct.
Section 2. Addendum No. 1779-06 to Mitigated Negative Declaration No. 1736-04
was presented to this City Council in connection with its consideration of General Plan
Amendment No.2006-0003 and Pre-zone Change No. 1241-06 to allow the pre-zoning of this
territory. The members of this City Council have independently reviewed and considered the
information contained in Addendum No. 1779-06 to Mitigated Negative Declaration No. 1736-
04 prior to taking any action to approve or conditionally approve said general plan amendment
and pre-zoning, the auYhorization to make application to LAFCO for the annexation of the
territories described in this Resolution, and any other actions, proceedings and matters related
thereto.
Section 3. That the project described in Addendum No. 1779-06 to Mitigated
Negative Declaration No. 1736-04 will have no significant effect on the environment.
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Section 4. Accordingly, the City Clerk is hereby authorized and directed on behalf
of the City to file with the Clerk of Orange County a Notice of Determination in accordance with
Section 15096(i) of the State CEQA Guidelines.
Section 5. The City Council hereby authorizes the City Manager to make and
submit an application to LAFCO for the reorganization/annexation of the area described in
this Resolution and requests that LAFCO approve the reorganization/annexation of this
territory to the City of Orange afrer notice and hearing, and order annexation of fhis tenitory
without an election, or waive the protest hearing proceedings pursuant to Part 4 of the Act
commencing with Section 57000), as the case may be, and otherwise in the manner provided
by the Act.
Section 6. The City Council hereby requests that LAFCO deliver any and all
notices, reports, and documents relating to the annexarion of the territories contemplated by
this Resolution to the following persons, as agents of the City:
Irma Hernandez, Sr. Assistant to the City Manager
CITY OF ORANGE
300 E. Chapman Avenue
Orange, CA 92866
Alice Angus, Director of Community Development
CITY OF ORANGE
300 E. Chapman Avenue
Orange, CA 92866
Section 7 The Indemnification Agreement, in the form attached to the
application for the annexation of the territories, is hereby approved. The City Manager is
hereby authorized and directed to execute and deliver the Indemnification Agreement to
LAFCO, together with the application for the reorganization/annexation of this area.
ADOPTED this 9t} day of January 2007.
Carolyn . a vecc e, Mayor, City of range
t
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AT"TEST:
Mary E. ur City Clerk, ;a Orange
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Resolution was duly and regularly adopted by the City Council of
the City of Orange at a regular meeting thereof held on the 9`
h
day of January, 2007, by the
following vote:
AYES: COLTNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COiJNCILMEMBERS: None
L "
C
Mary Myr , ity Clerk, y ge
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NOTICE OF DETERMINATION
TO: Office of Planning and Research FROM: City of Orange
1400 Tenth StreeY, Room 121
Community Development Deparhnent
Sacramento, Calif 95814 300 East Chapman Avenue
Orange County Clerk-Recorder Orange, CA 92866
12 Civic Center Plaza, Room#106 714)744-7220
P.O. Box 238
Santa Ana, CA 92702
Subject:
Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code.
Manchester Walk General Plan Amendment No. 2006-0003; Pre-Zonine No. 1241-06; and Addendum No. ]779-06
Project Title
Citv of Oranee, Contact Person: Ed Kni¢ht, 300 East Chanman Avenue, Oran¢e, CA 92866 (714) 744-7236
Project Applicant: Contact Name,Address and Telephone Number
Ed KniQht Assistant Plannine Director(714) 744-7236, Citv of OranQe, 300 East Chaoman Avenue, Oranee, CA 92866
Lead Agency: Contact Name,Address and Telephone Number
N/A
State Clearinghouse Number (If submitted to Clearinghouse)
Project Location (inclnde County)
0.08-acres located at the intersection of Manchester Pl. and Compton Ave., Citv of Oran e and Citv of Anaheim, County
of Oranee, Califomia
Project Description:
The proposed project consists of a General Plan Land Use Amendment and a Pre-Zoning to facilitate a boundary line
adjustment between the City of Orange and the City of Anaheim, whereby approximately 332-square feet of property is to
be de-annexed from the City of Anaheim and annexed into the City of Orange (with concurrent annexation to the
Municipal Water Dish-ict of Orange county from the City of Anaheim Public Utility.) In order for the annexation to
occur, the property is proposed for a General Plan Amendment from Medium Density ResidenYial (in the City of
Anaheim) to Low Medium Density Residential (6-15 dwelling units per acres) in the City of Orange, and a Transitional
Zoning(0-36 dwelling units per acre) in the City of Anaheim, to R-3 Pre-Zoning in the City of Orange.
This is to advise that the Citv of Oran¢e has approved the above-described project on
Lead Agency Responsible Agency
ianuary 9, 2007 and has made the following determinations regarding the above described project.
Date
L The project [ wil] will not] have a significant effect on the environment.
2.An Addendum to an Environmental Impact Report was prepared and considered pursuant to the provisions of
CEQA.
A Negative Declaration was prepared and adopted for this project pursuant to the provisions of CEQA.
3.Mirigation Measures [Q were were not] made a condition of the approval of the project.
4.A Statement of Oveniding Considerations [ was was not] adopted for this project.
5.Findings [0 were were not] made pwsuant to the provisions of CEQA Guidelines Section 15091.
This is to certify that the environmental document and record of project approval is available to the General Public at:
Orange City Hall,Department o Communi v opm 0 East Chapman Avenue, Orange, CA.
Lead Agency Signature:Date: ZZ d
S[ate of California -The Resources Aaencv ARNOLD SCHWARZENEGGER Governor
DEPARTMENT OF FISH AND GAME
http://www.dfg.ca.gov
Environmental Review and Permitting
1416 Ninth Street, Suite 1260
Sacramento, California 95814
CEQA Filing Fee N E_ffect Determination Form
Applicant Name: City of Ora e, Ed Knight Date Submit: /2 0`% '
Applicant Address: 300 E. Chapman Avenue, Orange, CA. 92866
Project Name: Manchester Walk GPA 2006-0003; Pre Zone 1241-06
CEQA Lead Agency: City of Orange
CEQA Document Type: Addendum to an EIR
SCH Number and/or local agency ID number: Addendum No. 1778-06
Project Location: .08 acres located at the intersection of Manchester PI and
Compton Ave City of Orange and City of Anaheim, County of Orange
Brief Project Description: The proposed project consists of a General Plan
Amendment and a Pre-Zoning to facilitate a boundary line adjustment between
the City of Orange and the City of Anaheim, whereby approximately 332 square
feet of property is to be de-annexed from the City of Anaheim and annexed into
the City of Orange. This action results in changes to the Zoning Map for the City,
but no development will occur as a result of this action.
Determination: Based on a review of the Project as proposed, the Department of Fish
and Game has determined that for purposes of the assessment of CEQA filing fees
F&G Code 711.4(c)] the project has no potential effect on fish, wildlife and habitat and
the project as described does not require payment of a CEQA filing fee. This
determination does not in any way imply that the project is exempt from CEQA and
does not determine the significance of any potential project effects evaluated pursuant
to CEQA.
Please retain this original determination for your records; you are required to file a copy
of this determination with the County Clerk after your project is approved and at the time
of filing of the CEQA lead agency's Notice of Determination (NOD). If you do not file a
copy of this determination with the County Clerk at the time of filing of the NOD, the
appropriate CEQA filing fee will be due and payable.
Without a valid No Effect Determination Form or proof of fee payment, the project will
not be operative, vested, or final and any local permits issued for the project will be
invalid, pursuant to Fish and Game Code Section 711.4(c)(3).
DFG Approval By: `'lvi.7 leo i wlu,-E2e Date: 'Z-21-2'I
Title: Fhu m mtnl-c l SGtnivsF-
Conserving CaC'forr ia's NiCdCife Since 1870