File #: 07-1113    Version: 2
Type: Agenda Item Status: Adopted
File created: 6/15/2007 In control: Board of Supervisors
On agenda: 7/17/2007 Final action: 7/17/2007
Title: Hearing to consider adoption of Resolution 195-2007 for the annexation of APN 118-130-19 to the West Valley Village Zone of Benefit No. 95612 to be included in the boundaries of County Service Area 9, consistent with the County's Policy and Procedure Guidelines for Creation and Administration of Zones of Benefit within a County Service Area.
Attachments: 1. 07-2635 Reso 07-900 Contract Routing Sheet, 2. 07-2635 Resolution 07-900, 3. 07-2635 Exhibit A to Resolution, 4. 07-2635 Exhibit B to Resolution, 5. 07-2635 Exhibit C to Resoluton

Title

Hearing to consider adoption of Resolution 195-2007  for the annexation of APN 118-130-19 to the West Valley Village Zone of Benefit No. 95612 to be included in the boundaries of County Service Area 9, consistent with the County's Policy and Procedure Guidelines for Creation and Administration of Zones of Benefit within a County Service Area.

 

Body

BUDGET SUMMARY:

 

 

Total Estimated Cost

 

$  800.00

 

 

 

     Funding

 

 

          Budgeted

$

 

          New Funding

$

 

          Savings

$

 

          Other

$   800.00

 

     Total Funding Available

$   800.00

 

Change To Net County Cost

 

$    0.00

                     

Fiscal Impact/Change to Net County Cost:

The minimal costs associated with the reorganization of the zone will be paid by the applicant, and funding for extended services will be provided by a special tax that was approved through a mailed ballot landowner election and ratified by your Board on August 29, 2006 through Resolution 273-2006.  The special tax amount is $141.00 per parcel. The proposed subdivision will included 160 parcels, which will ultimately result in $22,560.00 annual additional revnue for the zone.  Because the lands proposed for detachment from the zone are not taxable, there is no fiscal impact associated with detaching territory from the zone. There is no Net County Cost.

 

Background:

Your Board formed the West Valley Village Zone of Benefit #98612 on July 18, 2006 by Resolution 233-2006 for the purpose of providing road and drainage facility improvement and maintenance services upon the primary collector roads and associated drainage facilities within the zone boundaries, specifically portions of Valley View Parkway, Blackstone Parkway, Cornerstone Drive and Royal Oaks Drive, and the entrance to the subdivision from Latrobe Road to Blackstone Parkway. Maintenance of all other road and drainage facilities within the zone boundaries is the responsibility of a homeowners’ association or other entity acceptable to the Board.

 

Lesarra Attached Homes has submitted an application to annex APN 118-130-19 into the West Valley Village Zone of Benefit. Through the annexation, property owners in the new Lesarra development will contribute funds for maintenance of the collector roads in the West Valley Village Zone of Benefit.  The special tax for the zone was previously approved by the electorate in the mailed ballot landowner election that was conducted as part of the formation proceedings for the West Valley Village Zone of Benefit.

 

Several transactions are in process or have taken place which impact the boundaries as they were proposed upon formation of the zone.  Currently, the boundaries except out of the zone  Assessor's Parcel Numbers 118-020-06 and 118-020-07 which are owned by El Dorado Irrigation District. A boundary line adjustment is currently in process where a portion of Assessor's Parcel Number 118-160-24 will be deeded to El Dorado Irrigation District and connect parcels 118-020-06 and 118-020-07. The proposed zone boundary revisions include detaching that portion of parcel 118-160-24 from the West Valley Village Zone of Benefit.

 

On December 5, 2006, thirthy-three Irrevocable Offers of Dedication were processed for County right-of-way acquisition along Latrobe Road. Offers of Dedication were accepted by Resolutions 372-2006, 373-2006, 374-2006, 374-2006, 375-2006, 376-2006, 378-2006, 379-2006, 380-2006, 381-2006, 382-2006, 409-2006, 410-2006, and 417-2006 and acknowledges, but rejected by Resolutions 377-2006, 397-2006, 398-2006, 399-2006, 400-2006, 401-2006, 402-2006, 403-2006, 404-2006, 405-2006, 406-2006, 407-2006, 408-2006, 411-2006, 412-2006, 413-2006, 414-2006, 415-2006, 416-2006, and 418-2006.  The proposed zone boundary revisions include detaching the right of way that was accepted by the County from the zone.

 

On September 20, 2006 a boundary line adjustment was processed that resulted in the zone boundary bisecting Assessor's Parcel Number 118-130-34. East Ridge Investors, LLC representing Valley View Investors, Incorporated granted a portion of parcel 108-490-26, which was included within the original boundaries of the West Valley Village Zone of Benefit, to the owners of Assessor's Parcel Number 108-490-27, which was outside of the zone boundaries. The action created Assessor's Parcel Number 118-130-34. The proposed zone boundary revisions include detaching the portion of Assessor's Parcel Number 118-130-34 that currently lies within the zone.

 

The original applicants for the West Valley Village Zone of Benefit in conjunction with Lesarra Attached Homes have requested revisions to the zone boundaries through the submission of a revised boundary map. In addition to the annexation of Assessor's Parcel Number 118-130-19, the map reflects detachment of the County accepted right of way along Latrobe Road, and reconciles the zone boundaries with parcel boundaries resulting from the boundary line adjustments to Assessors' Parcel Numbers 118-02-06, 118-02-07, 118-160-24 and 118-130-34.

 

Reason for Recommendation:

An application has been submitted and reviewed by staff for the annexation of Assessor’s Parcel Number 118-130-19 to the West Valley Village Zone of Benefit #98612. The parcel consists of approximately 14.24 acres located south of White Rock Road and adjacently west of Valley View Parkway, south of US Highway 50 in the El Dorado Hills consisting of one parcel owned by a single landowner. There are no registered voters residing within the boundaries of the parcel. By signing the Petition, the single landowner indicates a desire to have the parcel listed on the proposed annexation parcel list annexed to the West Valley Village Zone of Benefit, and acknowledges the understanding that the parcel will be subject to the special tax established for the Zone.

 

As required by the County's Policy and Procedure Guidelines for Creation and Administration of Zones of Benefit Within a County Service Area ("Guidelines"), as amended and adopted by your Board June 2, 1987, this public hearing has been scheduled and noticed pursuant to Government Code §6061 to accept comment regarding the annexation of territory to the zone of benefit and other revisions to the boundaries.

 

The Guidelines require that the following findings be made at the hearing:

 

                     that the road and drainage facility improvement and maintenance services, as described in the application, are extended County services as defined in the County Service Area Law (Government Code §25210.1 et seq.);

                     that the services to be provided within the zone are road and drainage facility improvement and maintenance services;

                     that the extent of any protest against revising the zone or the furnishing of a specified type or types of extended services within the zone has been noted;

                     that the revised boundaries of the zone have been determined and shall be as described in Exhibits A and B hereto;

                     that the estimated annual cost of the services within the zone for the first year will be $141.00 per parcel;

                     that the annexation of territory to the zone shall be accomplished without a confirmation election;

                     that the revised boundaries of the zone include no land devoted primarily to agricultural or livestock uses and being used for the commercial production of agricultural or livestock products;

                     that an Advisory Committee will not be appointed for the zone; and

                     that a special tax to be levied within the zone and an election to authorize the levy of the special tax has been considered and ratified under Resolution 273-2006.

 

A copy of the application to annex territory to the zone is on file with the Board Clerk.  The Policy and Procedure Guidelines for Creation and Administrationof Zones of Benefit Within a County Service Area require dedication of the road and drainage easements with a formation application, but are silent with respect to the respect to annexation of territory.  Lesarra Attached Homes does not own the Valley View Parkway easement, and therefore is unable to make an Offer of Dedication. Because dedication of the easements is also required as a condition of approval of the final subdivision map for the West Valley Village Subdivision (Items 3 and 22 of the Conditions of Approval for TM 99-1359),  the requirement is deemed satisfied for the purposes of this annexation. This is consistent with prior practice.

 

Action to be taken following Board approval:

 

 

1.                     The Board of Supervisors will approve and the Chair will sign the Resolution annexing Assessor's Parcel Number 118-130-19 to and detaching additional territory as described from the West Valley Village Zone of Benefit #98612, and revising the boundaries thereof.

 

2.                     The Clerk of the Board will have the Resolution recorded upon signature by the Chair.  Two certified copies will be sent to the Department of Transportation.

 

3.                     The Department of Transportation will file the Resolution approving the Annexation and the revisions to the zone boundaries, the legal description and map with the State Board of Equalization.

 

Contact: Tom Celio

 

Concurrences: County Counsel