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HomeMy WebLinkAbout1997-04-22 - AGENDA REPORTS - PROTEST HEARING (2)City. Mans Item to be PUBLIC HEARING DATE: April 22, 1997 SUBJECT: PROTEST HEARING: DETERMINE IF SUFFICIENT PROTEST EXISTS AND MAKE FINDINGS ON WRITTEN PROTEST AND APPROVE AND ORDER ANNEXATION NO. 1990-11(A) (VISTA DEL CANON) RESOLUTION NO. 97-43 DEPARTMENT: Community Development The purpose of a protest hearing is to offer property owners and registered voters within an area proposed for annexation, a final opportunity to protest the annexation. This annexation is termed an "inhabited" annexation, meaning that 12 or more registered voters reside within its boundary. Therefore, by State law, the City Council must approve the annexation unless (1) written protests are received by 15% or more of the area property owners, who also must own at least 15% of the assessed valuation of the property proposed for annexation, or (2) if the number of protests range between 15% and less than 50%, an election must be held, or (3) if the percentage of opposition of either group is greater than 50%, the City Council must deny the annexation. In this event, a minimum of one year must lapse before the annexation could resume. The action before the Council is a resolution to approve findings on written protests and to approve and order Annexation No. 1990-11(A) (Vista Del Canon). The annexation consists solely of a 362 -unit condominium development (Vista Del Canon Condominiums) located on approximately 22 acres in Newhall, southeast of Sierra Highway, southwest of Via Princessa, and south of Vista Del Canon Drive. This annexation was initiated in 1990 by the City as part of the Price Club annexation. The condominium site was detached prior to the completion. Property owners of the condominium complex requested annexation by petition in 1996 seeking the benefits, representation, and services of cityhood. In addition, the City wished to form a more logical City boundary. This annexation is presently a County island. The City Council adopted a Resolution of Application (No. 96-39) for this proposal on March 26, 1996, requesting that the Local Agency Formation Commission (LAFCO) initiate annexation proceedings. The attached resolution states the direction given to Council by the LAFCO to proceed with a duly noticed public hearing and sets forth the reasons for the annexation and the terms and conditions established for the annexation by the LAFCO. If the annexation proceeds as scheduled, it will be complete within the next 10 days. Adopted: 4--1-Z- C Agenda Report April 22, .1997 page 2 RECOMMENDATION 1. Accept public testimony, close the public hearing and the protest period, and 2. Adopt Resolution No. 97-43, or 2. If the hearing results in a sufficient number of written protests, continue the hearing to a date certain to take appropriate action. Resolution No. 97-43 (map included) s:\cd\annex\9011aro.mar CITY OF SANTA CLARITA NOTICE OF PUBLIC HEARING TO CONSIDER ANNEXATION TO THE CITY OF SANTA CLARITA OF 21.72 ACRES OF INHABITED TERRITORY IDENTIFIED AS ANNEXATION NO. 1990-11(A) VISTA DEL CANON ANNEXATION, LOCATED IN THE NEWHALL AREA SOUTHEAST OF SIERRA HWY., SOUTHWEST OF VIA PRINCESSA, AND SOUTH OF VISTA DEL CANON DRIVE PUBLIC NOTICE IS HEREBY GIVEN: Pursuant to Section 57025 of the Government Code, that the City Council of the City of Santa Clarita will hold a Public Hearing to consider annexation to the City of Santa Clarita that inhabited territory identified as Annexation No. 1990-11(A). The purpose of the hearing will be to receive and consider written protest from registered voters and/or owners of land within the proposed annexation area. The hearing will be held by the City Council in the City Hall Chambers, located at 23920 Valencia Boulevard, First Floor, Santa Clarita, California, at or after 6:30 p.m. on April 22, 1997. Proponents, opponents, and any interested persons may appear and be heard on this matter at that time. Proceedings for the referenced proposal were initiated by the City of Santa Clarita and submitted to the Local Agency Formation Commission for Los Angeles County on April 25, 1996. The proposal shall be subject to all terms and conditions as specified by Resolution No. 1997-14, adopted on March 12,1997, by the Local Agency Formation Commission for Los Angeles County and reference is hereby made to said resolution for a full and complete description of the annexation and the terms and conditions. The reasons for the proposed annexation are to respond to property owners' requests for municipal services from the City of Santa Clarita, for local government representation and review, to promote sound planning and land use in the area, and to annex property within the City's Sphere of Influence. Any owner of land located within the territory, and/or registered voter residing within the territory, who wishes to file a written protest against Annexation No. 1990-11(A) must do so by Written Communication filed with the City Clerk, which must be filed at any time prior to the conclusion of this hearing at the hour specified in this notice for commencement of the hearing. Each written protest must state whether it is made by a landowner or registered voter residing in the area and must indicate the name and address of the owner of land affected and the street address or other description sufficient to identify the location of the land. Ifyou wish to challenge this matter in court, you may be limited to raising those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council, at or prior to the public hearing. The proposal may be reviewed by the public at the City of Santa Clarita Department of Community Development prior to the Public Hearing ofApri122,1997. For more information contact Michael Rubin, Associate Planner, at (805) 255-4949. By order of the City Council of the City of Santa Clarita, County of Los Angeles, State of California. Sharon L. Dawson, CMC City Clerk City of Santa Clarita s:\cd\annex\9011ntcpr.mar Dated: April 2, 1997 Publish Date: April 7, 1997 RESOLUTION NO. 97-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, MAKING FINDINGS THAT INSUFFICIENT WRITTEN PROTESTS HAVE BEEN FILED AND APPROVING AND ORDERING THE ANNEXATION OF CERTAIN INHABITED TERRITORY DESIGNATED AS "ANNEXATION NO. 1990-1l(A) (VISTA DEL CANON)" TO THE CITY OF SANTA CLARITA WHEREAS, the Local Agency Formation Commission of the County of Los Angeles adopted its resolution, making determinations and approving the proposed annexation to the City of Santa Clarita of territory described in Exhibit A and mapped in Exhibit B attached hereto and by this reference incorporated; and WHEREAS, the Local Agency Formation Commission of the County of Los Angeles has directed the City of Santa Clarita to proceed with the annexation following a duly noticed public hearing; and WHEREAS, the City Clerk set Tuesday, April 22, 1997, at 6:30 p.m. in the Council Chambers of the City Hall, 23920 Valencia Blvd., 1st Floor, Santa Clarita, California, as the date, time, and place for said hearing on the proposed annexation and the property owners in the said territory were duly informed of their right to file a written protest against the annexation with the City Clerk at any time prior to the conclusion of the hearing on the proposed annexation; and WHEREAS, the reason for this annexation is to promote sound planning and land use practicesin the affected territory; and WHEREAS, the regular County assessment roll is utilized; and WHEREAS, the affected territory will not be taxed for existing bond indebtedness of the City of Santa Clarita; and WHEREAS, the public hearing was duly and regularly conducted by and before the City Council at its meeting of April 22, 1997. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Clarita, California, as follows: SECTION 1. The City Council hereby declares said territory is found to be inhabited and a legal description of the boundaries of the annexation is set forth in Exhibit A and a map of the boundaries is set forth in Exhibit B, attached hereto and made a part hereof. SECTION 2. In accordance with Section 57075.5 of the Government Code, it is hereby found that written protests, if any, have been filed and not withdrawn by less than 15% of the property owners owning less than 15% of the total assessed value of land within the territory. Resolution No. 97-43 page 2 SECTION 3. The Local Agency Formation Commission approved this proposed annexation subject to the following condition: The affected territory is withdrawn from County Road District No. 5. SECTION 4. The City Council hereby orders the territory. described in Exhibits A and B annexed and directs the. City Clerk to transmit one orgininal and seven (7) certified copies of this resolution with applicable fees required by Section 54902.5 of the Government Code to the Executive Officer of the Local Agency Formation Commission of Los Angeles County. SECTION 5. The City Clerk shall certify to the adoption of this resolution and certify this record to be a full, true, correct copy of the action taken. PASSED, APPROVED AND ADOPTED this day of , 1997. Mayor ATTEST: City Clerk Resolution No. 97-43 page 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF SANTA CLARITA ) I, Sharon L. Dawson, City Clerk, DO HEREBY CERTIFY that the above and foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the day of 1997 by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk sAcd\annex\9011reo.mar EXHIBIT W ANNEXATION NO. 1990-11(A) TO THE CITY OF SANTA CLARITA Revised Description Approved by the Local Agency Formation Commission Beginning at the southeasterly corner of Lot 14 of Tract No. 44328 as shown on map filed in book 1129, pages 81 through 86 of Maps in the office of the Recorder of the County of Los Angeles, said corner being an angle point in the Boundary of the City of Santa Clarita as same existed on January 1, 1996; thence northerly along said boundary and following the same in all its various courses and curves to the point of beginning. Containing: 21.72 0.034 sq. mi. CHS:Ids sc90.11 aJd 5; OFFICE CI= THE CITY ENGINEEF CITY OF SANTA CLARITA NECKED BY. SCALE: l%200, M1. r2842.34 1258•H•145 WITHThE CO. RECORDER \1 W LEGEND. w -ZZ-ZZ-ZZZ LL ANNEXATION BDRY. -- EXIST CITY BDRY. ANNEXATION NO. 1990-I1(A) TO THE CITY OF SANTA CLARITA