RESOLUTION NO. R-2022-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, MAKING APPLICATION TO
AND REQUESTING THE LOCAL AGENCY FORMATION
COMMISSION OF ORANGE COUNTY TAKE
PROCEEDINGS PURSUANT TO THE CORTESE-KNOX-
HERTZBERG LOCAL GOVERNMENT REORGANIZATION
ACT OF 2000 FOR THE CITY OF PLACENTIA FOR THE
ANNEXATION OF COUNTY ISLAND DESIGNATED AS
"HAMER ISLAND" CONSISTING OF APPROXIMATELY 76
ACRES OF PROPERTY WITHIN ITS SPHERE OF
INFLUENCE
A. Recitals
(i). The City of Placentia ("City") desires to initiate proceedings pursuant to the Cortese -Knox -Hertzberg Local government Reorganization Act of 2000, Division 3, commencing with Section 56000 of the California Government Code, for the annexation of unincorporated territory known as "Hamer Island" to the City; and (11). The City will file an application with the Local Agency Formation Commission of Orange County ("LAFCO") to annex unincorporated territory referred as the Hamer Island (Exhibit 1) attached hereto and by this reference incorporated herein; and (iii). Hamer Island is approximately 76 acres of unincorporated territory with 346 single family homes and approximately 1,045 County residents; and (iv). Hamer Island is located within the City's Sphere of Influence and entirely within the City's municipal boundaries, and City already provides or subsidizes certain municipal services to Island residents; and
(v). The County of Orange's stated policy is to highly encourage and facilitate the process for municipalities to annex unincorporated County territories within their spheres of influence and the City has determined that it can provide more efficient municipal services, including public safety, building, planning and community recreational services; and improve and simplify service delivery and governance to Hamer Island; and (vi). On August 18, 2021 and August 25, 2021 the City of Placentia, County of Orange and LAFCO held community meetings for residents and property owners to address any concerns about the proposed annexation. The major questions of the residents and property owners were how the proposed annexation would affect their property and delivery of services. The City, County and LAFCO addressed the questions about the annexation process and the impact of delivery of municipal services; and Resolution R-2022-07 ATTACHMENT 3
(vii). Pursuant to Government Code Section 56654(a), the City must approve a resolution of application in order to initiate annexation proceedings; and (viii). The Hamer Island is not subject to a contract executed pursuant to the Williamson Act set forth in Government Code Section 51200 et. seq.; and (ix). The proposed annexation is subject to the following terms and conditions: the annexation shall be consistent with the Cortese -Knox -Herzberg Local Government Reorganization Act of 2000, terms and conditions established by the Local Agency Formation Commission of Orange County (OC LAFCO), and other applicable law(s) existing as of the date of the filing of this Resolution.
B. Resolution
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. In all respects as set forth in the Recitals, Part A., above.
2. The City Council of the City of Placentia, California, does hereby approve and adopt this resolution of application pursuant to California Government Code Section 56554(a) and authorize staff to initiate proceedings with OC LAFCO for the annexation of the Hamer Island, according to the terms and conditions stated above and in the manner provided by OC LAFCO and the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000.
3. CEQA Compliance. In accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, a categorical exemption will be filed for this project pursuant to section 15319. This Class 19 exemption applies to projects involving annexation of existing facilities and lots for exempt facilities such as public and private structures developed to the density allowed by the pre -zoning of the City. The proposed annexation area is developed to the density allowed by the current zoning or pre -zoning, with the extension of utility services having the capacity to serve only the existing facilities.
The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to CEQA, a categorical exemption adequately addresses the expected environmental impacts of this project. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment therefore, it is categorically exempt from the requirement for the preparation of environmental documents.
4. If any section, subsection, sentence, clause, or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, Resolution R-2022-07 ATTACHMENT 3
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
APPROVED and ADOPTED this 15th day of February 2022
Rhonda Shader, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 15th day of February 2022 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Resolution R-2022-07 ATTACHMENT 3
EXHIBIT A
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ATTACHMENT 1
Resolution R-2021-07
Exhibit A
ATTACHMENT3