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HomeMy WebLinkAboutReso 1995-17810 RESOLUTION NO. 17810 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING LAFCO PROCESSING OF THE PROPOSED "EASTLAKE GREENS EXPANSION SPHERE AMENDMENT AND ANNEXATION" (SA95-3, CA95-3) PRIOR TO COMPLETION OF THE CITY'S COMPREHENSIVE SPHERE-OF-INFLUENCE UPDATE, AND REQUESTING WAIVER OF CONDUCTING AUTHORITY PROCEEDINGS IN THE MATTER WHEREAS, on November 8, 1994, the San Diego Local Agency Formation Commission (LAFCO) issued a letter to EastLake Development Company authorizing submission of the above referenced sphere amendment an annexation application predicated upon receiving written confirmation of support from the Chula Vista City Council; and, WHEREAS, on December 12, 1994, the City received a letter from EastLake Development Company requesting that the City Council indicate such support; and, WHEREAS, the two subject areas totaling approximately 22.7 acres are an intended part of the EastLake Greens Planned Community already within the City boundary and presently under construction; and, WHEREAS, the subject areas were added to the EastLake Greens project as part of a land exchange with the Baldwin Company to effectuate more logical planning boundaries between the EastLake and Otay Ranch project areas; and, WHEREAS, being a previous part of the Otay Ranch project holdings, the subject areas are not presently within the sphere-of-influence for Chula Vista, and are thereby subject to the City's comprehensive sphere-of-influence update study presently underway with LAFCO; and, WHEREAS, the timetable for consideration of the City's sphere-of-influence update study has become more protracted then originally anticipated, and it has thereby become necessary for EastLake Development Company as a matter of business and marketing conditions to proceed with their LAFCO application at this time; and, WHEREAS, consideration of EastLake's application in advance of completion of the City's comprehensive sphere-of-influence update would represent an exception of LAFCO policy, and for which support of the City Council is necessary; and, WHEREAS, the Cortese/Knox Local Government Reorganization Act, as amended by AB1335 effective July 1, 1994, provides that LAFCO may waive conducting authority (City Council) proceedings for a change of organization or reorganization if all of the following conditions apply: (1) the subject area is uninhabited (less than 12 registered voters), (2) all owners of land within the affected territory have given their written consent, and, (3) all annexing agencies have given their written consent to the waiver; and, WHEREAS, all those conditions are met by the subject proposal; and, Resolution No. 17810 Page 2 WHEREAS, on February 14, 1995, the City Council considered the aforementioned matters. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows: 1, That the City Council supports LAFCO processings of the subject application prior to completing the City's comprehensive sphere-of-influence update since the affected areas are an integral part of the developing EastLake Greens project now split by the adopted sphere-of-influence boundary. 2. That the proposal meets all criteria for waiver of conducting authority proceedings under Government Code §56837(c), and the City Council requests that LAFCO grant such waiver for the proposed "EastLake Greens Expansion Sphere Amendment and Annexation" (SA95-2, CA95~2). 3. That the City Clerk shall provide a certified copy of this resolution to LAFCO and the applicant. "i /r7 orm ,, by! ,~ Presented by App as to/I i"~.~"' Robert A. Leiter e M. Boogaard Director of Planning City Attorney TI T I [ mar Resolution No. 17810 Page 3 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 14th day of February, 1995, by the following vote: YES: Councilmembers: Fox, Moot, Padilia, Rindone, Horton NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Shirl~'y,~rton, Mayor ATTEST: Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 17810 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 14th day of February 1995. Executed this 14th day of February, 1995.