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CC Resolution 10714 RESOLUTION NO. 10714 BEING AN AMENDED RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING THE REORGANIZATION OF THE AREA DESIGNATED AS THE "CAMPBELL POCKET ANNEXATION 2006" FOR CERTAIN LANDS DESCRIBED AS THE NORTH POCKET (SOUTHEAST OF HAMILTON AND LEIGH AVENUES), THE SOUTH POCKET (BETWEEN BASCOM & HIGHWAY 17, NORTH OF HIGHWAY 85) AND THE SOUTHWEST POCKET (1510 MORE AVENUE); BEING APPROXIMATELY 86.44 ACRES (SEE ATTACHED EXHIBITS "A", "B" and "e") FILE NO. PLN2006-141. WHEREAS, the City Council of the City of Campbell at its study session of June 20, 2006 directed staff to initiate annexation of territory designated as the "Campbell Pocket Annexation 2006" from the County of Santa Clara; and WHEREAS, a Mapping Request for the "Campbell Pocket Annexation 2006" was submitted to the County of Santa Clara on July 27, 2006; and WHEREAS, the County prepared and submitted Surveyors/Assessors Reports and Mapping for the "Campbell Pocket Annexation 2006" to the City of Campbell on August 29, 2006; and WHEREAS, the City Council of the City of Campbell at a noticed public hearing on October 3, 2006, formally initiated the annexation of territory designated as the "Campbell Pocket Annexation 2006" from the County of Santa Clara; and WHEREAS, the North Pocket (31.49 acres) as described in attached Exhibit A; the South Pocket (approximately 53.95 acres) as described in attached Exhibit B; and, the Southwest Pocket (approximately 1 acre) as described in attached Exhibit C, is contiguous to the City of Campbell and are located within its urban service area; and WHEREAS, the following special districts would be affected by the proposed annexation: deannexation from the County Lighting District; and, annexation to the Campbell Lighting and Landscaping Assessment District (LLA-1) and the Campbell Municipal Lighting District (CMLD); and WHEREAS, fire protection service would continue to be provided by Santa Clara County Central Fire Protection District, but upon annexation would be provided under contract with the City of Campbell; and WHEREAS, annexation would provide for use of the City of Campbell services; and WHEREAS, the North Pocket is pre-zoned as the City of Campbell Single Family Residential (R-1-6) and Professional Office (P-O) districts; and WHEREAS, the South Pocket is pre-zoned as the City of Campbell Single Family Residential (R-1-6), Multi-Family Residential (R-M) and Professional Office (P-O) districts; and City Council Report of November 6, 2006 File No. PLN2006-141 - North, South & Southwest Pocket Annexations Page 2 WHEREAS, the Southwest Pocket was pre-zoned on September 11, 2006, to the City of Campbell Single Family Residential (R-1-6) district; and WHEREAS, the City of Campbell, as Lead Agency for environmental review for the reorganization, finds that the project qualifies for a Categorical Exception under the California Environmental Quality Act (CEQA) Section 15319(a) [annexation of developed properties consistent with pre-zoning, and served by adequate facilities]; and WHEREAS, the County Surveyor of Santa Clara County has prepared the maps and descriptions (Exhibits "0", "E" and "F") in accordance with Government Code Section 56757, the boundaries to be definite and certain, and the proposal to be in compliance with LAFCO's road annexation policies; and WHEREAS, as provided in Government Code Section 56757, the City Council of the City of Campbell shall be conducting authority for a reorganization including an annexation to the City; and WHEREAS, said territory is developed and inhabited, each Pocket is less than 150 acres, and each Pocket is located within Sphere of Influence of the City of Campbell; and WHEREAS, California Government Code Section 56375.3 provides for an expedited process for cities to initiate changes of organization or reorganization for pockets of unincorporated territory within specified time frames that meet specified criteria; and WHEREAS, the State legislature has adopted the objective for LAFCO's to promote orderly boundaries and the efficient delivery of services; and WHEREAS, the continuation of unincorporated pocket areas is inconsistent with State, County and local policies that discourage the continuation of unincorporated pocket areas surrounded by cities. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. Findings: The City Council finds as follows: a. The territory does not exceed 150 acres in area, and that area constitutes the entire island; b. The territory constitutes a reorganization containing a number of individual unincorporated islands; c. The territory is substantially surrounded by the city to which annexation is proposed or by the city and a county boundary or adjacent cities; d. The territory is substantially developed, in that: City Council Report of November 6, 2006 File No. PLN2006-141 - North, South & Southwest Pocket Annexations Page 3 (1) Public (2) Public utility services are available; improvements have been installed; and (3) Physical improvements are located upon the parcels within the area. d. The territory is not prime agricultural land, as defined by Section 56064. e. The territory will benefit from the annexation or is receiving benefits from the annexing city. f. 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; g. The territory is within the urban service area of the city as adopted by LAFCO; h. The county surveyor has determined the boundaries of the proposal to be definite and certain, and in compliance with the road annexation policies of LAFCO; i. The proposal does not split lines of assessment or ownership; j. The proposal does not create islands or areas in which it would be difficult to provide municipal services; k. The proposal is consistent with the adopted general plan of the City; I. The territory is contiguous to existing City limits; m. The City has complied with all conditions imposed by the commission for inclusion of the territory in the urban service area of the city; 2. Annexation: that the City Council of the City of Campbell hereby approves the annexation of the territory designated as "Campbell Annexation 2006" into the City of Campbell, the Campbell Lighting and Landscaping Assessment District (LLA-1) and the Campbell Municipal Lighting District (CMLD); and detachment from the County of Santa Clara, the Santa Clara County Central Fire Protection District and the County Lighting District; and that upon completion of these reorganization proceedings the territory reorganized will be taxed on the regular county assessment roll, and including taxes for existing bonded indebtedness. 3. This Resolution amends and supersedes any previous resolutions concerning the actions taken herein. City Council Report of November 6, 2006 File No. PLN2006-141 - North, South & Southwest Pocket Annexations Page 4 PASSED AND ADOPTED this 21st day of November , 2006, by the following roll call vote: AYES: COUNCILMEMBERS: Kennedy, Hernandez, Burr, Furtado, Watson NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None 1 APPROVED: ~~- ,.- JEANETTE WATSON, MAYOR .~ (~tl-\L