Loading...
HomeMy WebLinkAbout107-Annexation Resolution .pdf Resolution Approving Annexation of APN 503-09-004 (22480 Mount Eden Road) Page 1 RESOLUTION NO __________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING ANNEXATION TO THE CITY OF SARATOGA OF A PROPERTY LOCATED AT 22480 MOUNT EDEN ROAD AND ITS CONCURRENT MERGER WITH ADJOINING PROPERTY LOCATED AT 22490 MOUNT EDEN ROAD AND A CONCURRENT LAND CONSERVATION (WILLIAMSON ACT) CONTRACT FOR THE ENTIRE MERGED PROPERTY South Thunder LLC -APN 503-09-004 WHEREAS, the City Council is considering the annexation of an approximately 2.68-acre property, hereinafter referred to as 'the territory', APN 503-09-004, contiguous to the City of Saratoga and described in Exhibits "A" (legal description) and "B" (plat map) hereto; and WHEREAS, concurrent with annexation, the territory shall be merged with the adjoining approximately 35.13-acre property and the entire Merged Property shall become restricted by a Land Conservation (Williamson Act) Contract and made subject to an amended General Plan Land Use Designation of Hillside Residential Conservation (HRC), an Agricultural Preserve/Open Space (AP/OS) Overlay Zoning District, and a Conditional Use Permit (collectively the “integrated annexation proceedings”); and WHEREAS, the City Council has determined these integrated annexation proceedings to be exempt from the California Environmental Quality Act (CEQA) under CEQA Guideline 15319 which exempts annexations to a city of areas containing existing private structures developed to the density allowed by the current zoning or pre-zoning of either the gaining or losing governmental agency whichever is more restrictive, provided, however, that the extension of utility services to the existing facilities would have a capacity to serve only the existing facilities; and CEQA further exempts these integrated annexation proceedings because they will all impose greater land use restrictions on the Merged Property than currently exist (including by imposing parameters and use permit conditions on the Merged Property for the first time), will involve no physical change to the environment, will assure the maintenance, restoration, enhancement, or protection of the environment, and it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment (see CEQA Guidelines Sections 15308 and 15061(b)(3)); 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 22480 Mount Eden Road is in the City of Saratoga’s Urban Service Area and Sphere of Influence, has a Pre-General Plan designation of H-OS (Hillside-Open Space) which is being amended to RHC (Residential Hillside Conservation) concurrent with this annexation, and is pre-zoned as HR (Hillside Residential) to Resolution Approving Annexation of APN 503-09-004 (22480 Mount Eden Road) Page 2 which AP/OS (Agricultural Preserve-Open Space) Overlay Zoning is being added concurrent with this annexation; and WHEREAS, upon approval of initiation of annexation on June 2, 2010, these integrated annexation proceedings were referred to the Planning Commission which gave favorable recommendations thereon after public hearing on March 23, 2011, and are now being returned to the City Council for final action on the actual Annexation Approval, a Preannexation Agreement, a Land Conservation (Williamson Act) Contract, a General Plan Amendment, a Zoning Amendment, a Use Permit with Variation from Standards, and a Design Review Approval; and WHEREAS, the proposed annexation is consistent with the West Valley Hillsides Preservation Strategies, Strategy #2, Action 1 and 2; and WHEREAS, because there is one hundred percent (100%) owner consent for 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. NOW, THEREFORE, BE IT RESOLVED that 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 sections 15319, 15308 and 15061(b)(3) of the CEQA Guidelines. B. That the unincorporated territory to be annexed is within the Sphere of Influence and the Urban Service Area of the City as adopted by the Santa Clara County Local Agency Formation Commission. C. That the Santa Clara County Surveyor has made a preliminary determination that the boundaries of the area proposed to be annexed are definite and certain, and in compliance with LAFCO's road annexation policies and that this resolution shall become effective only upon receipt by the City Clerk of the City of Saratoga of a final determination by the County Surveyor that the boundaries of the proposal are definite and certain and in compliance with LAFCO's road annexation policies. D. That the proposal does not split 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. Resolution Approving Annexation of APN 503-09-004 (22480 Mount Eden Road) Page 3 F. That the proposal will consistent with the General Plan and Zoning of the City in that the property proposed for annexation has a Pre-General Plan designation of H-OS (Hillside-Open Space) which is being amended to RHC (Residential Hillside Conservation) concurrent with this annexation, and is pre-zoned as HR (Hillside Residential) to which AP/OS (Agricultural Preserve-Open Space) Overlay Zoning is being added concurrent with this annexation. 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 annexation area have been informed of these proceedings and no opposition has been received. J. That concurrent with annexation, the territory will be merged with the adjoining approximately 35.13 acre property and the entire Merged Property will become restricted by a Land Conservation (Williamson Act) Contract and that such merger shall constitute a material basis of support for the integrated annexation proceedings and each element thereof and any required findings therefor. BE IT FURTHER RESOLVED that the City Council of the City of Saratoga hereby approves and requires, concurrent with the annexation approved below: the voluntary merger of territory consisting of an approximately 2.68-acre property, APN 503-09-004, with APN 503-09-003 (in the Notice and Deed of Voluntary Merger form attached hereto as Exhibit C), the Land Conservation (Williamson Act) Contract (in the form attached hereto as Exhibit D), the mutual execution of the Preannexation Agreement (in the form attached hereto as Exhibit E); the General Plan Amendment to Hillside Residential Conservation (HRC), the Zoning Amendment adding Agricultural Preserve/Open Space (AP/OS) Overlay Zoning, the Use Permit with Variation from Standards, and the Design Review Approval. BE IT FURTHER RESOLVED that upon receipt by the City Clerk of the above-referenced determination by the County Surveyor, the annexation of the parcel is hereby ordered without any further protest proceedings and that upon completion of these proceedings the territory will be annexed to the City of Saratoga and pursuant to said annexation receiving a Certificate of Completion from LAFCO the City will receive taxes upon in accordance with the previously approved tax exchange agreement with the County of Santa Clara. BE IT FURTHER RESOLVED that the City Council of the City of Saratoga hereby amends the City boundary to include a territory consisting of an approximately 2.68-acre property, hereinafter referred to as 'the territory', APN 503-09-004, into the City of Saratoga effective upon LAFCO issuance of a Certificate of Completion for these proceedings, and effective upon concurrent recordation the above-described Notice and Deed of Voluntary Merger, the Land Conservation (Williamson Act) Contract, and the Preannexation Agreement. Agreement.Resolution Approving Annexation of APN 503-09-004 (22480 Mount Eden Road) Page 4 PASSED AND ADOPTED by the Saratoga City Council, State of California, the 20th day of April, 2011 by the following roll call vote: AYES: Councilmembers NOES: ABSENT: ABSTAIN: SIGNED: ATTEST: _________________________________ _____________________________ Howard Miller, Ann Sullivan, MAYOR CITY CLERK Saratoga, California Saratoga, California APPROVED AS TO FORM: __________________________________ Richard Taylor, CITY ATTORNEY City of Saratoga, California