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
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