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HomeMy WebLinkAboutCity Council Resolution 10-067 RESOLUTION NO. 10 -067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING ANNEXATION TO THE CITY OF SARATOGA OF A PROPERTY LOCATED AT 22215 MOUNTED EDEN ROAD — APN 503 -13 -138 AND ANNEXATION OF THE ADJACENT MOUNT EDEN ROAD RIGHT -OF -WAY THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: WHEREAS, the City Council is considering the annexation of an approximately 28,331 (gross) square foot property, hereinafter referred to as the "the territory ", APN 503 -13 -138, located at 22215 Mount Eden Road and annexation of the adjacent approximately 4,922 square foot Mount Eden Road right —of -way, both contiguous to the City of Saratoga and described in Exhibits "A" (legal description) and `B" (plat map) incorporated herein in order to provide for use of City services and to apply the terms of the City General Plan and City Code to development proposals initiated after completion of the annexation; and WHEREAS, the City Council initiated annexation proceedings on October 21, 2009; and WHEREAS, the City Council has determined the project to be exempt from the California Environmental Quality Act (CEQA) pursuant to section 15319 of the CEQA Guidelines; and WHEREAS, as provided in Government Code Section 56757, the City Council of the City of Saratoga is the conducting authority for the annexation; and WHEREAS, the territory to be annexed at 22215 Mount Eden Road is in the City of Saratoga's Urban Service Area and Sphere of Influence and is pre -zoned as HR (Hillside Residential); and WHEREAS, the proposed annexation is consistent with the following General Plan policy; and LU 14.1: Land shall not be annexed to Saratoga unless it is contiguous to the existing City limits, within the Sphere of Influence, and is determined by the City that public services can be provided without unreasonable cost to the City and dilution of services to existing residents. The properties northern and eastern property lines are contiguous to existing City limit lines. The property is already served by utilities. The City is required by County roadway policies to annex 107 feet of Mount Eden Road. Fiscal impacts to the City associated with road maintenance and other urban services are minimal. The proposed annexation meets the above General Plan policy. WHEREAS, there is one hundred percent (100 %) owner consent of the annexation proceedings, no notice, public hearing, or election will be required for annexation approval by the City; and WHEREAS, the City has consulted with the Santa Clara County Registrar of Voters and has determined that said territory is considered uninhabited for the purposes of annexation proceedings. WHEREAS, the City Council of the City of Saratoga hereby makes the following findings: A. That the annexation is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15319 of the CEQA guidelines. B. That the unincorporated territory to be annexed is within the urban service area of the City as adopted by the Santa Clara County Local Agency Formation Commission. 1 C. That the Santa Clara County Surveyor has made a determination that the boundaries of the area proposed to be annexed are definite and certain, and in compliance with LAFCO's road annexation policies. D. That the proposal does not split lot lines of assessment or ownership and that this fact has been confirmed by the Santa Clara County Assessor's Office. E. That the proposal does not create islands or areas in which it would be difficult to provide municipal services. F. That the proposal is consistent with the adopted General Plan of the City and that the property has been pre -zoned with the designation Hillside Residential (HR). G. That the territory is contiguous to the existing City limits. H. That the City has complied with all conditions imposed by LAFCO for inclusion of the territory in the urban service area of the City. I. That all property owners within the territory have been informed of these proceedings and no opposition has been received. NOW, THEREFORE, BE IT RESOLVED that annexation of the territory is hereby ordered without protest proceedings and that upon completion of applicable procedures the territory described in Exhibits "A" and "B" will be annexed to the City of Saratoga. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Saratoga held on the 17th day of November 2010 by the following vote AYES: Councilmember Manny Cappello, Chuck Page, Howard Miller, Vice Mayor Jill Hunter, Mayor Kathleen King NAYS: None ABSENT: None ABSTAIN: None SIGNED: i‘ — - �� Kathleen M. King, MAYOR Saratoga, California AT ���� An CITY CLERK Saratoga, California APPROVED AS TO FORM: _ Richard Taylor, CITY ATTORNEY Saratoga, California 2 EXHIBIT A Annexation to the City of Saratoga, California Mount Eden Road, Keenan APN: 503 -13 -138 and a portion of APN: 503 -13 -148 Consisting of all of that real property situate in a portion of Section 3, Township 8 South, Range 2 West, MDM, in the unincorporated area of the County of Santa Clara, State of California described as follows:: BEGINNING at the point of intersection of the original Limits of Incorporation of the City of Saratoga as said limits are shown on Exhibit B for the annexation "Mount Eden Road, Foster" recorded as document number 14500297 in Official Records of the County of Santa Clara and the Southeasterly right of way line of Mount Eden Road as described in the deed recorded in Book D233, Official Records, at page 109, Santa Clara County; thence proceeding along said Limits of Incorporation, (1) S88 °40'00 "E 91.24 feet; Thence, (2) N53 °00'00 "E 137.78 to a point on the existing Saratoga City line as established by the original limits of incorporation; Thence, (3) proceeding Southerly along said Saratoga City line, S02 °32'00 "VV 208.21 feet; Thence, (4) N83 °26'30 "W 271.89 feet; Thence, (5) N 17° 13'30 "E 107.00 feet; Thence, (6) S72 °46'30 "E 20.00 feet; Thence, (7) S88 °40'00 "E 27.22 feet to the point of BEGINNING and containing 33,201 square feet more or less (0.76 acre). For assessment purposes only. This description of land is not a legal property description as defined in the Subdivision Map Act and may not be used as the basis for an offer for sale of the land described. Revised 9-02-2010 i%QFESSip f7. 0,e, . N 205 irm tic l i !Vt. ;� lit, MA' — / i 9,ikOf /04, DEER k`� ck.. E• F ( t 4„� TRAM LN tfe 20592 " SCALE: 60' i A 0 i ' ILL' .A1' L.N. f 1 .A PROJECT iL�' � ..� --- - SITE e' ANNEXATION r MOUNT EDEN ROAD, FOSTER ''' - t. � Q DAItiRON LN . LOCATION MAP DOC #: /4500297 NOT TO SCALE APN: 503- 13 -148 I !t i LEGEND PROPERTY LINE S72 °48'30 'E �, 20.00' r ° � 5 CITY LIMIT LINE AS ®O . . -- CITY LIMIT LINE ESTABLISHED BY THE 868'40'00 "E � � �� 0RIGII�IAL INCORPORATION 27.22' — BOUNDARY OF ANNEXATION ji./ \ 1 P.O B. — - v MOUNT EDEN ROAD, KEENAN lli 4 . 31.24'© ROW LINE MT. EDEN RD. / 88'40'00 "E o , i 1 — � l q APN: 503 -13 -139 = SANTA CLARA CO. RIGHT I '' J BO UNDARY OF e(..1, , ° / ANNEXATION I."') o OF WAY DEDICATED BY 1 ,�� /O i MOUNT EDEN ROAD, Q ' (D233 O.R. 109) / KEENAN /^� ( 5 NORDIC EN INC. { / AREA TO BE ANNEXED 21801 STEVENS CREEK BLVD. 33,253 SQUARE FEET CUPERTINO, CA 95014 t� 0.76 ACRE (408) 257 -6452 `- .�� �APN:503 -13 -138 DATE: AUGUST 6 2010 C7 N83" ._ _ _ ! EXT£mmIT 2 S'30 ., W - 271.8g' T " " PORTION BSR2tA' OF MDh4 SECllON 3 I MOUNT EDEN ROAD, KEEI4AN FOR ASSESSMENT PURPOSES ONLY. THIS DESCRIPTION OF LAND IS NOT A , , LEGAL PROPERTY DESCRIPTION AS DEFINED IN THE SUBDIVISIOI•I ACT AND \ MAY NOT BE USED AS THE BASIS FOR AN OFFER FOR SALE OF THE LAND ..�� [REVSED 9 -02 -2010 DESCRIBED. County of Santa Clara coU,�r office of the County Assessor County Government Center � 70 West Redding Street y , San Jose, CA 95110 -1771 1 7 "4 cv Fax (408) 298 -9446 Lawrence E. Stone, Assessor REPORT OF THE COUNTY ASSESSOR Date Report October 1, 2010 Prepared: , Title of Proposal: 22215 Mt Eden Road Type of Anx/Detach to City Application; Conducting City of Saratoga Authority: 1. Review of Proposal a. Location: 2215 Mt Eden Road, Saratoga, CA 95070 b. Assessor's Parcel Numbers: 503 -13 -138 c. Respective Net value of assessed parcels as of last July 1: and only $18,998 2. Conformity to Lines of Assessment or Ownership O Boundaries of proposal conform. • Boundaries of proposal fail to conform to lines of assessment per attached map. ❑ Upon annexation, lines of assessment will no longer be split by TRA lines within this proposal. 3. Special Districts Special districts within the proposed area include: TRA 60 -010 060.010 111 SARATOGA UNION ELEM. SCHOOL 060.010 137 LOS GATOS UNION JT(43,44) HIGH SCHOOL 060.010 203 WEST VALLEY JT(43,44) COMM. COLLEGE 060.010 206 SARATOGA CEMETERY 060.010 208 GUADALUPE- COYOTE RESOURCE CONSV, 060.010 215 BAY AREA J7(1,7,21,28,38,41,43,48,49,57) AIR QUALITY MGMT. 060-010 222 SARATOGA FIRE PROTECTION 060.010 252 MID - PENINSULA REGIONAL JT(41,43,44) OPEN SPACE 060.010 322 SANTA CLARA VALLEY COUNTY WATER 060.010 323 SANTA CLARA VALLEY ZONE NC-1 COUNTY WATER 060.010 335 SANTA CLARA COUNTY IMPORTATION WATER•MISC 060.010 377 AREA NO. 01, LIBRARY BENEFIT ASSESSMENT COUNTY SERVICE 060.010 378 AREA NO. 01 (LIBRARY SERVICES) COUNTY SERVICE Prepared By: Anita Badger, Property & Title Identification Technician (408) 299-5506 anita.badger@asr.sccgov.org Rev. 6'08.