Loading...
HomeMy WebLinkAbout101-Staff Report.pdf SARATOGA CITY COUNCIL MEETING DATE: November 17, 2010 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Christopher A. Riordan, AICP DIRECTOR: John Livingstone, AICP SUBJECT: Consent Item: Final Annexation of an approximately 33,253 (gross) square foot parcel (APN 503-13-138) located at 22215 Mount Eden Road including the adjacent right-of-way portion of Mount Eden Road. RECOMMENDED ACTION: Approve final annexation of an approximate 28,331 square foot parcel known as APN 503-13- 138 (Lands of Keenan) located at 22215 Mount Eden Road including the approximate 4,922 square feet, 107 foot long adjacent right-of-way portion of Mount Eden Road by adopting the attached Resolution. REPORT SUMMARY: The applicants, John and Cheryl Keenan, have filed an application with the City of Saratoga (City) for annexation approval. On October 21, 2009, the City Council approved a Resolution to initiate the annexation of 22215 Mount Eden Road. The applicant’s parcel is located in the County of Santa Clara (County) and is approximately 28,331 square feet. The vacant property (hereinafter referred to as ‘the county parcel’) is contiguous with the western limits of the City along Mount Eden Road and is within the City’s Sphere of Influence and Urban Service Boundaries. The adjacent 107 foot long portion of Mount Eden Road is presently a County public road and the County has required annexation of this portion of Mount Eden Road to the City along with the subject parcel. The applicant also owns the adjacent 1.9 acre parcel to the West. This parcel is located in the City and is improved with a single-family residence which is the home of the applicant. Access to this parcel is from an easement across the County parcel. If the property were annexed, a residential development project would be subject to Saratoga’s development standards which control building design, height, impervious coverage, colors and materials, and floor area. The applicant does not have immediate intentions of developing but did concede that future development of the parcel could be possible. The maximum possible home square footage that could be developed on the lot would be 4,986 square feet. If the property were developed in Santa Clara County, County development standards would apply. These standards would allow the height of a residence to be 35-feet, there is no limit on floor area ratio, and there is no control on exterior colors or materials. DISCUSSION: By agreement with the County of Santa Clara (County) and the Local Agency Formation Commission (LAFCO) an annexation to the City is generally required when development is proposed on parcels that are contiguous to the City boundary and that are located within the City’s Urban Service Area (USA). Under the City’s Annexation procedure and the Local Agency Formation Commission (LAFCO) statutes, this annexation will not be reviewed by LAFCO, require notice, hearing, or an election because the annexation is being made by a petition with 100 percent consent of the property owner. 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). The Act requires, however, 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. General Plan The parcel proposed for annexation conforms to the applicable land use and density criteria contained in the City Code and General Plan. The property is located in the Hillside Residential (HR) Prezone area. Goal LU 14 of the General Plan supports appropriate and contiguous City boundaries to provide for the efficient delivery of public services and to create a greater sense of community if the proposed annexation conforms to the following General Plan policy: 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 a portion 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. California Environmental Quality Act (CEQA) Annexations are projects subject to the environmental review requirements of the California Environmental Quality Act (CEQA). Staff has determined that the annexation would be exempt from CEQA review pursuant to Section 15319 of the CEQA Guidelines. That section provides that annexations are categorically exempt from CEQA review if they do not exceed the minimum size for facilities exempted by Section 15303 (that section limits exemptions to up to three single-family residences in an urbanized area). Staff has determined that findings can be made to support the Categorical Exemption of the proposed annexation of property located at 22215 Mount Eden Road (APN 503-13-138) into the City of Saratoga in that the annexation is for less than three single family residences in an urbanized area. There is no subdivision potential and the proposed annexation does not involves or change the standards for extension of utility services to the parcel. FISCAL IMPACTS: The City of Saratoga will be responsible for maintaining the 107 foot long section of Mount Eden Road adjacent to the subject parcel. The associated cost of this maintenance according to the Public Works Department is expected to be minimal. Nevertheless, the City will benefit from additional property tax revenue based on the assessed value of the vacant property, which is currently $18,998 as of July 1, 2010. If a house is developed on the parcel in the future than there would be an expected significant increase in assessed value upon completion of the future development. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: If the final annexation is not granted the property at 22215 Mounted Eden Road would remain in Santa Clara County and future development of the parcel would be subject to the County’s development standards. ALTERNATIVE ACTION: Deny the proposed resolution initiating annexation. FOLLOW UP ACTION: Upon approval of the attached resolution approving the annexation, Staff will proceed with the final annexation procedures with LAFCO. ADVERTISING, NOTICING AND PUBLIC CONTACT: Advertising and other public noticing are not required for the final approval of an annexation application. This item was posted as a City Council agenda item and was included in the packet made available on the City’s website 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. ATTACHMENTS: 1. Resolution approving the Annexation A. Legal Description B. Plat Map 2. List of Services Report 3. Report of the Santa Clara County Surveyor (enclosed legal description and plant attached to the Resolution) 4. Report of the Santa Clara County Assessor