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Resolution Number 86-11-18-46'7 RESOLUTION NO. 86-11-18-4 AS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ORDERING TERRITORY DESIGNATED AS "GREAT WESTERN SAVINGS" ANNEXED TO THE CITY OF SAN JUAN CAPISTRANO WHEREAS, the Local Agency Formation Commission of the County of Orange adopted its Resolution No. 86-51 on September 10, 1986, making determinations and approving the proposed annexation to the City of San Juan Capistrano of territory described in Exhibit A, attached hereto, and by this reference incorporated herein; and, WHEREAS, the terms and conditions of annexation as approved by the Local Agency Formation Commission per its Resolution No. 86-51, are as follows: The boundaries of the territory proposed to be annexed to the City of San Juan Capistrano are specifically described in the legal description attached hereto and by this reference made a part hereof. Said territory is found to be uninhabited and is assigned the following short -form designation: GREAT WESTERN ANNEXATION TO THE CITY OF SAN JUAN CAPISTRANO. 2. LAFCO certifies it has considered the Negative Declaration by the City of San Juan Capistrano. The San Juan Capistrano City Council is designated as the conducting authority and is directed to initiate proceedings in compliance with this resolution. 4. The City is authorized to annex said territory without notice and hearing and without election in view of the unanimous consent of the landowners to annexation and pursuant to Section 56837 of the Government Code. 5. Upon completion of this annexation proposal, the City of San Juan Capistrano shall follow up with application to the Local Agency Formation Commission to detach the property from any special district where there would be a duplication of City services. 6. Great Western, as applicant, shall be liable for 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. -1- -71 • Lab] 7. 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; and, WHEREAS, the City Council is conducting the annexation proceeding pursuant to Government Code Section 57002(b); and, WHEREAS, the City Council finds and determines that it has received no written or oral protests from landowners within the proposed territory; and, WHEREAS, a negative declaration has been prepared for the project; and, WHEREAS, it is the desire of the property owner to consolidate the two parcels owned by Great Western Savings into one to allow for comprehensive planning and development; and, WHEREAS, the property is already within the City's Capistrano Valley Water District -- the Agency which will provide water service for any new development; and, WHEREAS, the City of San Juan Capistrano has a redevelopment agency, which could assist in the provision of infrastructure improvements for the property; and, WHEREAS, the regular county assessment roll is utilized by this City; and, WHEREAS, the affected territory will be taxed for existing general bonded indebtedness of this City; and, WHEREAS, the Local Agency Formation Commission has authorized this Council to approve this annexation without notice and hearing and without an election. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Juan Capistrano as follows. 1. The City Council finds that on the basis of the initial study and comments received that there is no substantial evidence that the project will have a significant effect on the environment; therefore, based on the Council's consideration of the negative declaration, the Council hereby approves the negative declaration. 2. Pursuant to Government Code Section 57000 et seq., the City Council hereby orders the annexation of the territory described in Exhibit A, attached and incorporated herein by reference, and directs -2- the City Clerk to transmit a certified copy of this Resolution, with applicable fees as required by Government Code Section 54902.5, to the Executive Officer of the Local Agency Formation Commission. PASSED, APPROVED, AND ADOPTED this Of. NmrPmhPr , 1986. KENNETH E. FRIESS, MAYOR ATTEST: CITY CLF < STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 18th day I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 86-11-18-4 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 18th day of November , 1986, by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, and Mayor Friess NOES: None ABSENT: Councilman Hausdorfer (SEAL) MARY AN ANOVER, CITY CLERK -3- a 3j MARIMA ®a �nmu E� v/ ings Annexation site 14,W