HomeMy WebLinkAboutCity Council Resolution 11-028 RESOLUTION NO: 11— 028
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.
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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.
The General Plan Amendment changing the General Plan Land Use Designation for the
2.68 acre Annexation Property from Hillside Open Space (OS -H) to Residential Hillside
Conservation (RHC) is hereby approved in concept and directed to be bundled for final
adoption with the next City- initiated General Plan Amendment.
APPROVED by the City of Saratoga City Council this 20th day of April 2011 by the following
vote:
AYES: Councilmember Manny Cappello, Emily Lo, Jill Hunter,
Vice Mayor Chuck Page, Mayor Howard Miller
NAYS: None
ABSENT: None •
ABSTAIN: None
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SIGNED: ATTEST:
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Howard A. Miller, Ann Su ivan,
MAYOR OF THE CITY OF SARATOGA CLERK OF THE CITY OF SARATOGA
APPROVED AS TO FORM:
Richard Taylor, City Attorney
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