HomeMy WebLinkAbout109-Zoning and General Plan Amendment Resolution.pdf
RESOLUTION NO: 11-A RESOLUTION OF THE CITY OF SARATOGA CITY COUNCIL APPROVING AGRICULTURAL PRESERVE/OPEN SPACE OVERLAY ZONING AMENDMENT AND GENERAL PLAN AMENDMENT FOR A PROPERTY LOCATED
AT 22480-22490 MT. EDEN RD. The City of Saratoga City Council finds and determines as follows with respect to the above-described application: I. Project Summary The City of Saratoga
received an application for Agricultural Preserve/Open Space Overlay (AP/OS) zoning amendment and General Plan amendment for two adjoining parcels located at 22480 and 22490 Mt. Eden
Road. The 35.13 acre parcel (“Principal Property”) annexed to the City in 2006 has a General Plan designation of Residential Hillside Conservation (RHC) and a zoning designation of Hillside
Residential (HR). The 2.68 acre parcel (“Annexation Property”) which is the subject of a current annexation application has a Pre-General Plan designation of Hillside Open Space (OS-H)
and a Pre-zoning designation of Hillside Residential (HR). The application is part of an integrated annexation package that consists of six additional actions that are being considered
under separate Resolutions. These actions include Final Annexation Approval; Preannexation Agreement, parcel merger; Williamson Act Contract; Conditional Use Permit and Variation from
Standards; and Design Review. Because the two parcels would be merged into a single parcel, the entire 37.81-acre Merged Property should have a post-annexation General Plan designation
of Residential Hillside Conservation (RHC). The AP/OS overlay is required for land on which Williamson Act contracts are executed and renewed and this 37.81-acre Merged Property will
have a Williamson Act Contract covering it. The existing underlying zoning of Hillside Residential (HR) is also being confirmed as applicable to the entire Merged Property. II. Planning
Commission Review State law requires a recommendation from the Planning Commission on General Plan and Zoning Ordinance amendments. On March 23rd, 2011 the Planning Commission held a
noticed Public Hearing on the proposed General plan and Zoning Amendments described above, at which time all interested parties were given a full opportunity to be heard and to present
evidence and argument. The Planning Commission considered the General Plan and Zoning Amendments, the Staff Report thereon, CEQA documentation, correspondence, presentations from the
applicant and the public, and all testimony and other evidence presented at the Public Hearing. The City of Saratoga Planning Commission reviewed and recommended approval of the integrated
annexation package, including a post-annexation General Plan designation for the 37.81-acre Merged Property of Residential Hillside Conservation (RHC) and Agricultural Preserve/Open
Space (AP/OS) overlay zoning for said Merged Property.
2 South Thunder LLC /22480 -22490 Mt. Eden Road -(APN 503-09-003 and 503-09-004) III. Environmental Review The Principal Property was annexed to the City in 2006 under an exemption from
CEQA. The annexation of the Annexation Property qualifies for an exemption from 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. The Annexation Property qualifies for this exemption. CEQA
exempts the Preannexation Agreement, Parcel Merger, Land Conservation (Williamson Act) Contract, General Plan Amendment, and Zoning Amendment because they will all impose greater land
use restrictions on the Merged Property than currently exist, will involve no physical change to the environment, assure the maintenance, restoration, enhancement, or protection of the
environment, and it can be seen with certainty that there is no possibility that the integrated annexation package may have a significant effect on the environment (see CEQA Guidelines
Sections 15308 and 15061(b)(3)). IV. Approval After careful consideration of the application for General Plan Amendment and Zoning Amendment, CEQA documentation, and other materials,
exhibits and evidence submitted to the City in connection with this matter, the City Council does herby amend the Zoning Ordinance and map and General Plan and map of the City of Saratoga
as follows: The entire 37.81 acre Merged Property shall have a post-annexation General Plan designation of Residential Hillside Conservation (RHC) and an Agricultural Preserve/Open Space
(AP/OS) overlay zoning, and the existing underlying zoning of Hillside Residential (HR) is also confirmed as applicable to the entire Merged Property. APPROVED by the City of Saratoga
City Council this 20th day of April 2011 by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN:
3 South Thunder LLC /22480 -22490 Mt. Eden Road -(APN 503-09-003 and 503-09-004) SIGNED: ATTEST: _________________________________ _____________________________ Howard A. Miller, Ann
Sullivan, MAYOR OF THE CITY OF SARATOGA CLERK OF THE CITY OF SARATOGA APPROVED AS TO FORM: __________________________________ Richard Taylor, City Attorney