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RES-9865 Annexation Del Rio AreaRESOLUTION NO. 9865 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 CORTESE- KNOX-HERTZBERG REORGANIZATION ACT OF 2000 FOR ANNEXATION TO THE CITY OF ORANGE OF A PORTION OF UNINCORPORATED TERRITORY,KNOWN AS DEL RIO AREA, LOCATED WITHIN ITS SPHERE OF INFLUENCE TOTALING 73.22 ACRES;AND INDEMNIFYING THE LOCAL AGENCY FORMATION COMMISSION.WHEREAS, the City Council of the City of Orange (City Council) desires to have the Local Agency Formation Commission of the County 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 annexation of the Del Rio Project Area (73.22 acres) to the City of Orange (City); and WHEREAS, Section 56375 of the Act permits LAFCO to approve the annexation to the City of unincorporated territory in response to a request by the landowner and in the form of a resolution adopted by the City provided the annexation proposal meets certain requirements; and WHEREAS, this City Council desires to annex that certain unincorporated territory identified as the Del Rio Project Area, consisting of approximately 73.22 acres, and identified by the County of Orange in its Inventory of Unincorporated Areas, which tenritory is generally depicted on the map attached to this Resolution and incorporation herein by this reference; and WHEREAS, in connection with its consideration of Zone Change No. 1222-03 to allow the pre-zoning of this territory, this City Council has heretofore considered the proposed annexation of this territory to the City of Orange and Environmental hnpact Report No. 1720-03,including an Initial Study and comments received during the public review process, and found no substantial evidence that the pre-zoning and annexation of this territory would have a significant impact on the environment; and WHEREAS, the territory is located within and is consistent with the sphere of influence of the City of Orange; and WHEREAS, this City Council finds and determines that the territory's eastern boundary is contiguous with the jurisdictional boundaries of the City of Orange; and WHEREAS, based upon the facts that public utility services are available to the territory to be annexed, public improvements, on an approved development, this City Council finds and determines that the territory is 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 annexation; and WHEREAS, this City Council desires to annex the territory to the City of Orange for the following reasons: 1. The territory, when annexed to the City of Orange, will constitute a logical extension of this City's boundaries and will eliminate a portion of unincorporated territory within the City's sphere of influence; 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 ofland 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. Environmental Impact Report No. 1720-03 was presented to this City Council in connection with its consideration of Zone Change No. 1222-03 to allow the pre-zoning of this territory. The members of this City Council have independently reviewed and considered the information contained in Environmental Impact Report No. 1720-03 prior to taking any action to approve or conditionally approve said pre-zoning, the authorization 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 Environmental Impact Report No. 1720-03 will have no significant effect on the environment.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 acknowledges the property owner's consent to annexation and authorizes the City Manager to make and submit an application to LAFCO for the annexation of the area described in this Resolution and requests that LAFCO approve the annexation of this territory to the City of Orange after notice and hearing, and order annexation ofthis territory without an election, or waive the protest hearing 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 annexation of the territories contemplated by this Resolution to the following persons, as agents ofthe City: John Sibley, Assistant City Manager CITY OF ORANGE 300 E. Chapman Avenue Orange, CA 92866 Chris Carnes, Senior Planner 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 territory, 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 annexation of this area. ADOPTED this II th day of May, 2004. Y}1I Mark A. Murphy, Mayo , ATTEST: 3. MaryM 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 11th day of May, 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Coontz, Cavecche COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None 3