CC Resolution 10706
RESOLUTION NO. 10706
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
APPROVING THE ANNEXATION OF THE AREA DESIGNATED "CAMPBELL
ANNEXATION 2004-01" (CLASSICS AT EAST MOZART AVENUE) INTO THE CITY
OF CAMPBELL'S MUNICIPAL LIGHTING DISTRICT (CMLD) AND LIGHTING AND
LANDSCAPING ASSESSMENT DISTRICT (LLA-1)
WHEREAS, on January 18, 2005, the City Council of the City of Campbell adopted
Resolution No. 10442 approving the annexation of the area designated as "Campbell
Annexation 2004-01" (Classics at East Mozart Avenue); and
WHEREAS, in conjunction with the annexing of the territory into the City of Campbell, said
Resolution No. 10442 additionally detached the territory from the County Lighting District
(313), but neglected to simultaneously attach the area into the City of Campbell Municipal
Lighting District (CMLD) and the City of Campbell Lighting and Landscaping Assessment
District (LLA-1); and
WHEREAS, on January 18, 2005, the City Council of the City of Campbell granted
conditional approval of a Tentative Parcel Map and Planned Development Permit for the
area referred to above as the "Campbell Annexation 2004-01" ; and
WHEREAS, pursuant to the conditions of approval for the Tentative Parcel Map and
Planned Development Permit, the Property Owner (Kilmer Park L.P.) entered into a Street
Improvement Agreement on May 11,2005 with the City of Campbell, which provided, among
other things, that Owner shall become part of any special assessment district; and
WHEREAS, the former property owner of the Classics at East Mozart Avenue (Kilmer Park
L.P.) has executed a ballot in favor of the annexation of the area designated as the
"Campbell Annexation 2004-01" into the CMLD and into the LLA-1 and has waived any rights
that the property owner may have to any notices and hearings regarding the annexation to
the CMLD and the LLA-1 ; and
WHEREAS, notices regarding the public hearings for the proposed annexations were
published in the Campbell Express; and
WHEREAS, public hearings were held at the regularly scheduled City Council meeting on
October 3,2006 and on November 6,2006;
WHEREAS, owners owning more than 50% of the assessable land within the proposed
district have not filed written protests;
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, and ORDERED as follows:
1. Findings: The City Council finds:
a. The territory does not exceed 150 acres in area, and that area constitutes the entire
island;
b. The territory constitutes an island located wholly within the limits of the City of
Campbell;
d. The territory is substantially developed, in that:
(1) Public utility services are available;
(2) Public improvements have been installed; and
(3) Physical improvements are located upon the parcels within the area.
e. The territory is not prime agricultural land, as defined by Section 56064.
f. The territory will benefit from the annexation or is receiving benefits from the
annexing city.
g. The owner of a majority of the land by value as of the time that these proceedings
were commenced has submitted a ballot in favor of the annexation;
h. The territory is within the urban service area of the city as adopted by LAFCO;
J. The proposal does not split lines of assessment or ownership;
k. The proposal does not create islands or areas in which it would be difficult to
provide municipal services;
I. The proposal is consistent with the adopted general plan of the City;
m. The territory is contiguous to existing boundaries of the Campbell Municipal Lighting
District (CMLD) and the Campbell Landscaping and Lighting District (LLA-1);
2. Annexation: That the area designated "Campbell Annexation 2004-01" (Classics at East
Mozart Avenue) is hereby annexed into the City of Campbell's Municipal Lighting District
(CMLD) and the Lighting and Landscaping Assessment District (LLA-1).
PASSED AND ADOPTED this 6th day of November, 2006, by the following roll call vote:
AYES:
NOES:
ABSENT:
Councilmembers:
Councilmembers:
Councilmembers:
Kennedy, Hernandez, Burr, Furtado, Watson
None
None
AZ2L~
Anne Bybee, City Clerk
APPROVED:
V -
~~atson, Mayor