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Item 19 - Annexation into LMD 86-3 Duane W. Pudgil - - AGENDA REPORT [ This report is included on the Consent Calendar. There :I~ ~ ~ se~r:e d~~S: :th:'eport prior to approval by the City Council unless members of the Council. staff or public ~eque~t it to be removed fr?n:' ~e ~onsent Calendar and discussed separately. If you wish to have this report pulled fOf diSCUSSion, please fill out a slip Indicating the report number and give it to the City Clerk prior to the beginning of the City Council meeting. TO: Honorable Mayor and Members of the city council FROM: James L. Bowersox, cit~ager INITIATED BY: Alan D. Archibald, Director of Public servic~~ Daniel W, Cannon, Parks and Landscape Manager patricia S. Nelson, Department Aide~ DATE: October 1, 1991 SUBJECT: Annexation into Landscape Maintenance District 86-3: APN 317-472-19, Duane W. Pudgil (Automotive Towing and storage) ABSTRACT conditional Use Permit 90-18, Duane W. Pudgil (Automotive Towing and storage Yard), was approved on January 30, 1991 by the Planning Services Department and amended in March, 1991. The project lies within the boundaries of Landscape Maintenance District 86-3. Staff recommends that Council adopt the attached resolution annexing CUP 90-18 into Landscape Maintenance District 86-3. BACKGROUND Under the State Landscape and Lighting Act of 1972, Landscape Maintenance District 86-3 was formed on May 20, 1986. Under the current city annexation policy, all new development construction shall be annexed. FINDINGS The parcel (APN 317-472-19) is located within Landscape Maintenance District 86-3. As a condition of approval for the development, the landscaping is to be maintained by the landscape maintenance district. The landscape improvements are not immediately adjacent to the development. Therefore, the property will be subject to a 50 percent assessment rate per City LMD policy. ACTION: L . 1 of 6 OCT 1 1991 ITEM 19 .- Agenda Report October 1, 1991 Page 2 On September 3, 1991, correspondence was received from Duane Pudgil, property owner, consenting to the annexation into Landscape Maintenance District 86-3 (see Attachment 2). FISCAL IMPACT Assessments will be levied annually on the property tax roll against the property at a rate of 50 percent beginning fiscal year 1991-92. The assessment at this rate for fiscal year 1991-92 is $68.64, The rate and the annual assessment are subject to change each fiscal year, .. RECOMMENDATION It is recommended that the City Council approve the attached resolution for annexation of APN 317-472-19 (CUP 90-18) into Landscape Maintenance District 86-3. Attachments: 1- Resolution for Annexation 2. Consent to Annexation into Landscape Maintenance District 86-3 JLB:ADA: DWC: PSN A:\pudgil.anx .. OCT 1 1991 ITEM 19 2 of 6 - - RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA ORDERING THE EXPANSION OF POWAY LANDSCAPE MAINTENANCE DISTRICT 86-3 WITH THE ANNEXATION OF CUP 90-18 INTO LANDSCAPE MAINTENANCE DISTRICT 86-3 WITH WRITTEN CONSENT OF PROPERTY OWNER APN 317-472-19 WHEREAS, the City Council of the city of poway desires to expand poway landscape Maintenance District 86-3 for the purposes of maintaining, servicing, and operating said district as shown in Exhibit "A" pursuant to the Landscape and Lighting Act of 1972; and WHEREAS, the record owner of all the real property within said expansion area has given written consent to the formation and annexation into poway Landscape Maintenance District 86-3 pursuant to California Streets and Highway Code, section 22608.1; and WHEREAS, the public interest and convenience require the - require the maintenance, service, and operation of public landscape facilities within said territory. NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of poway does hereby resolve as follows: 1- The foregoing recitals are true and correct, and the city Council so finds and determines. 2. All of that certain territory shown in Exhibit "A", attached hereto, is hereby added by annexation into poway Landscape Maintenance District 86-3. PASSED, ADOPTED, and APPROVED by the city Council of the City of Poway, California, at a regular meeting this 1st day of October, 1991- Jan Goldsmith, Mayor ATTEST: Marjorie K. Wahlsten, City Clerk OCT 1 1991 ITEM 19 3 of 6 Resolution '91- Page 2 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) I, Marjorie K, Wahlsten, City Clerk of the City of Poway, do hereby certify under the penalty of perjury, that the foregoing Resolution No. 91- , was duly adopted by the City Council at a meeting of said City Council held on the 1st day of October, 1991, and that it was so adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: , . Marjorie K. Wahlsten, City Clerk City of poway , OCT 1 1991 ITEM 19 4 of 6 - - - CONSENT TO ANNEXATXON XNTO LANDSCAPB MAXNTBNANCB DXSTRXCT NO. R'h-3 The undersigned, as owner of the property shown in Exhibit A, attached hereto, generally described as County Assessor Parcel No. ~/'1- ~/}~ -1'1 which property is proposed to be annexed into poway Landscape Maintenance District k>h - 3 , hereby consents to the annexation into said district pursuant to California streets and Highways - Code section 22608.1 EXECUTED ON S' - .:2. , , 199..L, at 5.4/01 DII~~o ,. itJ..1.../ r- , California. ~~.. u) f?4i Applicant g72.5 M II?~M.4-fI.. PL-.. Address SJ4.ftJ D //::%..-0 r!.-A- &f:2. 1 .;2. I ~ OCT 1 1991 ITEM 19 5 of 6 -' /7 . @ TARASCAN SHT 2 WI/4COR -p OW DR:---,. i ' -'r-' . - .... ---A-Y._- . .. J - -.-.- R.S. 9-1 4 - ~ '" t ". . -!, 8!' OA' 30' E . ... , ~ ""--.,t -) 71'.,;' ~/.!I.'/ ~.-:-. f" .-.7S.S~ <-/. .. . '.: .5 /.".; . . . . . 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