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HomeMy WebLinkAbout2008-05-15 - Resolution No. 08-03 RESOLUTION NO. 08-03 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT OF APPLICATION TO INITIATE PROCEEDINGS FOR ANNEXATION OF APPROXIMATELY 176 ACRES TO THE YORBA LINDA WATER DISTRICT WHEREAS, Shapell Industries, (hereinafter referred to as "S&S") the owner of approximately 176 acres of undeveloped land adjacent to the boundaries of Yorba Linda Water District, (hereinafter referred to as the "S&S tract'), has requested annexation to the District in order to obtain water and sewer service for proposed development of said land; and, WHEREAS, S&S has entered into a Pre-annexation Agreement with Yorba Linda Water District, under which S&S has agreed to certain obligations, conditions and responsibilities, which are necessary for the orderly development of water and sewer facilities to serve the S&S tract; and, WHEREAS, the S&S tract is within the sphere of influence of Yorba Linda Water District, and the District is prepared to provide water and sewer service to said land upon the terms and conditions set forth in the Pre-annexation Agreement; and, WHEREAS, the S&S tract is within the City of Yorba Linda, and the City of Yorba Linda, as lead agency has reviewed and certified an environmental impact report (EIR) for the proposed development which contemplated that water and sewer services will be provided to the development by Yorba Linda Water District and, WHEREAS, as a responsible agency, Yorba Linda Water District reviewed the Draft EIR, including the supplemental materials prepared and certified by the City of Yorba Linda for the revised 356 Dwelling Unit Project, and provided comments which were addressed in the final EIR, and, WHEREAS, the Board of Directors finds that the final EIR certified by the City of Yorba Linda adequately addresses the environmental impacts associated with the proposed development which include any impacts which would result from the annexation of the S&S tract to Yorba Linda Water District, and, WHEREAS, the Board of Directors finds that it is in the best interests of the District that the S&S tract be annexed to the Yorba Linda Water District on the terms and conditions set forth in this resolution of application; NOW THEREFORE, the Board of Directors of Yorba Linda Water District does hereby resolve as follows: Section 1: Application is hereby made to the Local Agency Formation Commission of Orange County, (hereinafter LAFCO) to initiate, conduct and complete proceedings for the annexation of the S&S tract to the Yorba Linda Water District on the terms and conditions set forth in this Resolution and such other terms and conditions as may be approved by the Board during these proceedings. Section 2: This proposal is made pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Section 56650 et seq. of the Government Code of the State of California. Section 3: The proposed change of organization consists of the annexation of approximately 176 acres of undeveloped and uninhabited territory, ' (the "S&S tract'), to the Yorba Linda Water District, for purposes of extending water and sewer services to said lands for development. Shapell has sold approximately 50 acres of this property to the Placentia-Yorba Linda Unified School District for use as a high school. The proposed annexation now consists of two owners. Section 4: A description of the boundaries of the land to be annexed, and a map of the S&S tract are attached hereto and incorporated herein by this reference. Section 5: Yorba Linda Water District proposes that the annexation be made subject to the condition that the annexation be subject to the terms and conditions set forth in the Pre-annexation Agreement. Section 6: The reason for the proposed annexation is to provide water and sanitary sewer service for planned development of the S&S tract. Section 7: All of the owners of land within the S&S tract have consented in writing to the proposed annexation of the S&S tract to the Yorba Linda Water District, and to the terms and conditions set forth herein. Section 8: The Yorba Linda Water District is the chief proponent of this proposed annexation and has designated the following persons as the District's representatives for purposes of this application: Mr. Ken Vecchiarelli and Mr. Scott Moulton. Section 9: The annexation proposed by this application is consistent with the sphere of influence for the Yorba Linda Water District adopted by LAFCO. Section 10: A plan for provision of services to the S&S tract is submitted with this application and incorporated herein by this reference. Section 11: Other than Yorba Linda Water District there are no affected agencies that will gain or lose territory as a result of the change of organization proposed herein. The Pre-annexation Agreement contemplates the annexation of the S&S tract to the Orange County Water District at a future date. Section 12: There are no registered voters within the subject territory and S&S and PYLUSD are the only owners of land within the subject territory. ' Section 13: The Board of Directors of Yorba Linda Water District hereby requests that LAFCO approve the proposed annexation without notice, hearing or an election, as authorized by Section 56663 (a) of the Government Code, and that LAFCO waive protest proceedings as authorized by Section 56663 (c) of the Government Code. Section 14: Yorba Linda Water District waives any exchange of property tax revenues. Section 15: The Board of Directors finds that the environmental impacts of the proposed development including the annexation of the S&S tract to the District have been adequately addressed in the EIR certified by the City of Yorba Linda as lead agency, and that no additional environmental review is required. Section 16: The Secretary of the Yorba Linda Water District is hereby authorized and directed to file a certified copy of this Resolution with the Executive Officer of the Orange County Local Agency Formation Commission and make all other filings and pay such fees as are necessary to effect the purposes of this Resolution. Adopted this 1 Stir clay of May by the following roll call vote: AYES: Armstrong, Beverage Mills, Summerfield, NOES: None ; ABSENT: None ABSTAIN: Collett < ;John W. 51merfleld, President )ATTEST. i del A. l5byffe, Secretary