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HomeMy WebLinkAbout102-Initiation of Annexation Report.pdf SARATOGA CITY COUNCIL MEETING DATE: June 2, 2010 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Cynthia McCormick, AICP DIRECTOR: John Livingstone, AICP SUBJECT: Initiation of Annexation of an approximately 2.68 (gross) square foot parcel (APN 503-80-004) located at 22480 Mount Eden Road. Subsequent annexation proceedings will consider a pre-annexation agreement, lot merger, Williamson Act agreement, zoning amendment (AP-OS overlay), and a use permit with variation from standards for the owner’s adjacent 35 acre parcel. RECOMMENDED ACTION: Staff recommends the City Council approve the attached Resolution thereby initiating annexation proceedings for 22480 Mount Eden Road. REPORT SUMMARY: The applicant, GP Farms (c/o Jack Bauer, property manager) has filed an application with the City of Saratoga for annexation approval. The parcel is located in Santa Clara County and is approximately 2.68 (gross) acres. The property (hereinafter referred to as ‘the annexation parcel’) is contiguous with the western limits of the City of Saratoga and is within the City’s Sphere of Influence and Urban Service Boundary. The applicant owns an adjacent parcel of land approximately 35 acres in size that is within the City of Saratoga. (See attachment 3.) The annexation is being proposed to facilitate comprehensive planning for the two parcels together. Prior to the City’s final action on the annexation the applicant has proposed that the City consider a series of proposed actions related to the two parcels. These actions would include a preannexation agreement, a merger of the two parcels, adoption of an Agricultural Preserve/Open Space Zoning Overlay, and approval of a Williamson Act contract for agricultural land preservation, a conditional use permit and variation from standards for the merged parcels, and design review for a remodel of the existing home on the 35 acre parcel. These applications would be considered by the Planning Commission prior to the City Council’s final consideration of the annexation proposal. The remainder of this report provides background information on the annexation parcel and the parcel already within City limits and then describes the various actions that would be considered during the annexation review process. DISCUSSION: Annexation Parcel The 2.68 acre annexation parcel is currently developed with a driveway and a sand equestrian arena which is surrounded by an approximately five foot (5’) high open wood fence. The parcel has public water (San Jose Water) and sanitary sewer service (Cupertino Sanitary District). The annexation parcel is not directly adjacent to Mt. Eden Road but is accessed via a private road that is connected to Mt. Eden Road. The private road is shared among five (5) parcels including the annexation parcel. No structures are proposed for the 2.68 acre parcel and the applicant would reduce the development potential of the lot by merging the lot with the adjacent parcel as described below. Under City of Saratoga standards the development potential of the annexation parcel if not merged is approximately 6,560 square feet of floor area (based on size of 1.55 acre net with 24% average slope). If the parcel is not annexed, Santa Clara County development standards would apply; the applicable County RHS zoning district allows a maximum height of 35-feet and 3-stories, with setbacks of 30 feet in the front, 25 feet in the back, and 20 feet on the sides. Adjacent Parcel The applicant owns a parcel adjacent to the annexation parcel known as “Lindy Farms.” The adjacent parcel is 35.13 acres and was annexed to the City in 2006. Access to this parcel is from an easement across the 2.68 annexation parcel and three other County parcels. The parcel contains a residence, accessory structures, and community stable facilities that existed at the time it was annexed to the City. The main structures include the 5,330 square foot two-story single-family residence with basement, 1,121 square foot detached four-car garage, and 895 square foot detached pool house. The community stable structures include a 13,068 square foot Stable, 791 square foot Workshop, 4,150 square foot Hay Barn, 3,308 square foot Utility Barn, and a 1,492 square foot apartment above the utility barn. The total existing floor area including all living spaces, accessory structures, and community facility structures (enclosed by three or more walls and a roof) is 30,155 square feet. (The foregoing square footage calculations reflect the City Code requirement that any space with an interior height of fifteen feet or greater is double counted1. The stable, hay barn, and utility barn all have ceiling heights over 15 feet. The calculations are summarized in the attached table (attachment 5).) The total existing impervious area is 103,450 square feet. The applicant has provided County permits for the existing stable, accessory structures, and apartment. The applicant has indicated that the existing house was built prior to the need for County permits. While the existing structures appear to have been built legally in the County (either with permits or prior to the need for permits), the total floor area and site coverage exceeds the maximum allowed for new development in the City of Saratoga. Trail Easement A dedicated trail easement through both the annexation parcel and and the adjacent 35.13 acre parcel was recorded in the Santa Clara County Recorder’s Office on July 16, 2007 (Attachment 4). Pre-Annexation Agreement 1 City Code Section 15-45.030 Because of the various actions contemplated in connection with the annexation, staff and the applicant believe that pre-annexation agreement will be valuable to facilitate rational comprehensive planning and foster predictability, certainty, economy and efficiency in future land use planning. The pre-annexation agreement will include requirements for the proposed annexation, lot merger, overlay zoning, Williamson Act contract, conditional use permit and variation from standards, and design review/building permit. Parcel Merger The applicant proposes to merge the annexation parcel with the Lindy Farms parcel. The merger will make the two lots into a single lot. This will extinguish the development potential of the annexation parcel for a separate single family home. The merger would take effect upon completion of the annexation. Williamson Act Contract The applicant would also include the entire merged property under a Williamson Act contract. This would require rescinding the existing Williamson Act city contract on the 35.13 acre parcel and simultaneously re-entering a Williamson Act contract for the entire merged property. The Williamson Act contract would include the stables and all other existing uses. The Williamson Act contract would be considered by the Council as part of the final annexation. Agricultural Preserve/Open Space Overlay (AP-OS) The entire merged property would be made subject to the Agricultural Preserve/Open Space Overlay zoning. The AP-OS overlay promotes agricultural uses and is necessary to satisfy legal requirements for land on which Williamson Act contracts are executed and renewed. The overlay zone thereby encourages and preserves such contracts in accordance with the policies set forth in the General Plan. Accordingly, staff will process a Zoning Map amendment application to be made by the applicant for Planning Commission and Council consideration with the annexation approval. Conditional Uses and Variation from Standards City Code Section 15-13.040 allows community stables and associated accessory structures in the Hillside Residential zoning district with a Conditional Use Permit. City Code Section 15-55.030 allows a variation from site area standards for conditional uses. Under this provision, policy has been to include floor area in the site area variation. As part of the annexation process the applicant is requesting a conditional use permit and variation from standards in order to bring the uses on the site into conformity with City requirements. This will be considered by the Planning Commission as part of its review of the annexation and any Planning Commission action will be contingent on the City Council’s final approval of the annexation. The applicant intends to remodel the existing 5,330 square foot home as shown on the attached plans (Attachment 6). The applicant would add 3,236 square feet of floor area to the first story (including those areas that are double counted due to ceiling height) and reduce the second story by 379 square feet. The new home would be 7,207 square feet with a new 1,682 square foot basement that is excluded from the floor area maximum allowance (which is 8,000 square feet in the HR zoning district). No changes are proposed for the garage or any of the other structures on the property. The remodel would require design review approval by the Planning Commission. Annexation Procedures The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (the Act) provides that cities in Santa Clara County may proceed independently of LAFCO in processing annexation applications within the City’s Urban Service Area (Government Code Section 56757). Where, as here, an annexation applies only to land owned by the person requesting annexation, the City is allowed to initiate annexation proceedings without a formal public hearing. The Act requires that cities follow the procedures used by LAFCO to the extent practicable. The Act establishes a three-part process for annexations: (1) Initiation of Annexation; (2) Protest Proceedings which may be waived by the City Council; and (3) Approval of Annexation. Furthermore, the City Council is required to make findings pursuant to Government Code Section 56757 prior to adopting the resolution approving the annexation. After the resolution is adopted, a certified copy of the resolution and paperwork is submitted to LAFCO. The Act and other state laws require the preparation of a number of documents as part of the annexation process. These documents fall into three categories: a service plan, LAFCO materials, and the California Environmental Quality Act (CEQA) materials. These are described below: Service Plan All annexations are to begin with a proposed service plan for the area to be annexed. This plan includes a description of the parcel to be annexed; the reasons for the proposal; and a listing and description including the level, range, any change to, and financing of services to be provided to the annexed parcel (see attachment 2). The service plan should also include an indication of any improvement or upgrading of structures, roads, sewer or water facilities, or other conditions that the City would impose or require on the annexed lands. No inhabited territory will be annexed as part of this proposal and all services will be consistent with the current conditions. LAFCO Materials – Cities in Santa Clara County proceeding independently of LAFCO are required to make the findings listed below before approving an annexation. The formal findings need not be made until the end of the process. Each finding is followed by a brief description of Staff’s review. 􀁸 That the unincorporated territory is within the urban service area of the city as adopted by Commission. Staff had confirmed that the property to be annexed is within the City’s Urban Service Area. 􀁸 That the County Surveyor has determined the boundaries of the proposal to be definite and certain, and in compliance with LAFCO’s road annexation policies. The City will be providing a map prepared by the applicant to the County Surveyor once initiation of annexation has been approved by the City Council. Council.􀁸 That the proposal does not split lines of assessment or ownership. Staff has determined that the property to be annexed does not split lines of assessment or ownership. 􀁸 That the proposal does not create islands or areas in which it would be difficult to provide municipal services. Staff has reviewed the geography of the proposed annexation and concluded that it would not create an island or present difficulties in providing municipal services since the majority of the services will remain unchanged. 􀁸 That the proposal is consistent with the adopted General Plan of the City. The land use designation for the annexation parcel is RHC (Residential Hillside Conservation). The land has been pre-zoned HR (Hillside Residential) which is consistent with the General Plan Designation and the surrounding zoning. The General Plan provides that lands in the hillsides should be considered for annexation if they meet the following Policy: Policy LU 14 – Land shall not be annexed to Saratoga unless it is contiguous to the existing city limits, within the Sphere of Influence, and it is determined by the city that public services can be provided without unreasonable cost to the City and dilution of services to existing residents. As discussed throughout this document, the annexation parcel is contiguous to the existing city limits, is within the Sphere of Influence, and has existing public services that would not unreasonably change the cost to the City or dilute services to existing residents. California Environmental Quality Act Annexations such as this one are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to the Guidelines for Implementation of CEQA (14 Cal Code §15319). The Category 19 Exemption includes annexations of individual small parcels of the minimum size for facilities exempted by Section 15303 which exempts up to three single-family residences. CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This annexation would not have the potential to cause a significant effect on the environment because the area contains existing public utilities. FISCAL IMPACTS: No impact. The applicant is responsible for all City review fees and LAFCO processing fees. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Future development of the annexation parcel would be subject to requirements of Santa Clara County in lieu of City of Saratoga development standards. ALTERNATIVE ACTION: Deny the proposed resolution initiating annexation and provide Staff with direction. FOLLOW UP ACTION: At the direction of Council, Staff will proceed with the annexation approval procedure. The proposal for the addition, conditional use permit, and variation from standards will require Planning Commission review and approval. The zoning amendment, Williamson Act, Pre-Annexation Agreement, and final annexation approval will require final approval by the City Council at a future meeting. ADVERTISING, NOTICING AND PUBLIC CONTACT: This item was posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting and residents may subscribe to the agenda on-line by opting in at www.saratoga.ca.us. Noticing is not required. ATTACHMENTS: 1. Resolution approving Initiation of the Annexation 2. List of Services Report 3. Proposed Lot Merger and Annexation Map 4. Trail Easement Map 5. Floor Area and Lot Coverage Table 6. Proposed Plans for addition to existing home (separate attachment)