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Exhibit Q - City Council Resolution for Annexation Application No. P22-00411

Fresno City Council
November 3, 2022

Document
Exhibit Q - City Council Resolution for Annexation Application No. P22-00411
Meeting
November 3, 2022
Body
Fresno City Council
Original file
373 KB
Text extracted from the city's file for reading and search. Open the original on legistar2.granicus.com. That file is the official record.

Exhibit Q
RESOLUTION NO.

A RESOLUTION OF THE COUNCIL OF THE CITY OF

FRESNO, CALIFORNIA, AUTHORIZING THE CITY

MANAGER OR HIS/HER DESIGNEE TO INITIATE THE
PREZONING AND ANNEXATION OF THE “CALIFORNIA-
WILLOW NO. 4 REORGANIZATION” WITH THE FRESNO
LOCAL AGENCY FORMATION COMMISSION (“LAFCO”)
WHEREAS, Annexation Application No. P22-00411 has been filed with the City of Fresno by D. R. Horton pertaining to approximately 123.74 acres of property located at the southeast corner of the East California Avenue alignment and South Willow Avenue within the unincorporated portion of the City’s Sphere of Influence boundary; and WHEREAS, Annexation Application No. P22-00411 proposes to initiate annexation proceedings to request a change of organization (“California-Willow No. 4 Reorganization”) resulting in an annexation to the City of Fresno and detachment from the Kings River Conservation District and the Fresno County Fire Protection District, of certain property consisting of approximately 123.74 acres and hereinafter called “subject territory”; and
WHEREAS, LAFCO requires that the subject territory be pre-zoned consistent with the City of Fresno General Plan (“General Plan”) prior to the initiation of annexation proceeding; and
WHEREAS, it has been determined that pre-zoning the subject territory with the City of Fresno RS-5 (Residential Single-Family, Medium Density), City of Fresno RS- 5/ANX (Residential Single-Family, Medium Density/Annexed Rural Residential Transitional Overlay), and City of Fresno RM-2/ANX (Multi-Family Residential, Urban 1 of 5
Date Adopted:

Date Approved:

Effective Date:

City Attorney Approval: Resolution No.

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Neighborhood/Annexed Rural Residential Transitional Overlay ) zone districts is consistent with the General Plan; and
WHEREAS, the annexation will be made pursuant to Part 3 of the Cortese- Knox- Hertzberg Local Government Reorganization Act of 2000 contained in Division 3 of Title 5 commencing with Section 56000 of the California Government Code; and WHEREAS, this proposal is within the established sphere of influence of the City of Fresno; and
WHEREAS, the proposed reorganization is uninhabited under the definition of Section 56046 of the California Government Code; and
WHEREAS, municipal services for the subject territory will be provided in a manner described in the Service Delivery Plan pursuant to the requirements set forth in Government Code Section 56653; and
WHEREAS, this proposed reorganization will result in logical growth, the provision of municipal services, and the application of appropriate development standards and controls wit hin the City of Fresno, and implements the Council’s policy to unify the metropolitan area.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows:

1. The Council initiates a pre- zone of the subject territory from the Fresno County AL20 ( Limited Agriculture) zone district to the City of Fresno RS -5 (Residential Single-Family, Medium Density ), City of Fresno RS -5/ANX (Residential Single-Family, Medium Density/Annexed Rural Residential Transitional Overlay), and City of Fresno RM- 2/ANX ( Multi-Family Residential, Urban Neighborhood/Annexed Rural Residential

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Transitional Overlay ) zone districts, as depicted in Exhibit “A”, and including the necessary environmental review pursuant to the California Environmental Quality Act.

2. Subject to approval of a Revenue and Taxation Code Section 99 tax sharing agreement between the City of Fresno and the County of Fresno evidencing revenue neutrality to the City of Fresno as required by Fresno Municipal Code Section 15-6104(C), the Council authorizes the City Manager or his/her designeeto sign and submit a complete application to LAFCo for the proposed Reorganization requesting the annexation take place in the manner provided by the Cortese- Knox-Flertzberg Local Government Reorganization Act of 2000. Council directs staff to take all necessary steps to submit a complete application for the proposed annexation, including preparation and submittal of all LAFCo required forms, documents, and studies and payment of all required fees, including a Fire Transition fee, determined in accordance with the Transition Agreement between the City of Fresno and the Fresno County Fire Protection District Regarding the Transfer of Certain General Ad Valorem Real Property Tax Revenue Generated by Annexations.

3. This resolution shall be effective upon final approval. * * * * * * * * * * * * * *

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STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.

CITY OF FRESNO )
I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2022.

AYES :

NOES :

ABSENT :

ABSTAIN :

Mayor Approval: , 2022
Mayor Approval/No Return: , 2022
Mayor Veto: , 2022
Council Override Vote: , 2022

TODD STERMER, CMC
City Clerk

By:

Deputy Date
APPROVED AS TO FORM:

RINA M. GONZALES
Interim City Attorney

By:

Kristi M. Costa D ate
Senior Deputy City Attorney

Attachment: Exhibit A (if applicable)

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Exhibit “A”

Pre-zone Application No. P22-00442
APNs: 481-020-01, 481-060-02S, 473-030-63, 473-030-10

City Limits
AL20 to RS-5
AL20 to RS-5/ANX
Proposes to pre-zone approx. 38.37 acres of property from the Fresno County AL20 (Limited Agriculture) zone district to the City of Fresno RS-5 (Single-Family Residential, Medium Density) zone district.

Proposes to pre-zone approx. 37.90 acres from the Fresno County AL20 (Limited Agriculture) zone district to the City of Fresno RS-5/ANX (Single-Family Residential, Medium Density/Annexed Rural Residential Transitional Overlay) zone district.

AL20 to RM-2/ANX
Proposes to pre-zone approx. 41.70 acres from the Fresno County AL20 (Limited Agriculture) zone district to the City of Fresno RM-2/ANX (Multi-Family Residential, Urban Neighborhood/Annexed Rural Residential Transitional Overlay) zone district. -
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