HomeMy WebLinkAbout102-Attachment 1: Resolution.pdf 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 22215
MOUNTED EDEN ROAD – APN 503-13-138 AND ANNEXATION OF THE ADJACENT
MOUNT EDEN ROAD RIGHT-OF-WAY
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
WHEREAS, the City Council is considering the annexation of an approximately 28,331 (gross)
square foot property, hereinafter referred to as the “the territory”, APN 503-13-138, located at 22215
Mount Eden Road and annexation of the adjacent approximately 4,922 square foot Mount Eden Road
right–of-way, both contiguous to the City of Saratoga and described in Exhibits “A” (legal description)
and “B” (plat map) incorporated herein in order to provide for use of City services and to apply the
terms of the City General Plan and City Code to development proposals initiated after completion of
the annexation; and
WHEREAS, the City Council initiated annexation proceedings on October 21, 2009; and
WHEREAS, the City Council has determined the project to be exempt from the California
Environmental Quality Act (CEQA) pursuant to section 15319 of the CEQA Guidelines; 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 22215 Mount Eden Road is in the City of Saratoga’s
Urban Service Area and Sphere of Influence and is pre-zoned as HR (Hillside Residential); and
WHEREAS, the proposed annexation is consistent with the following General Plan policy; and
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 107 feet 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.
WHEREAS, there is one hundred percent (100%) owner consent of 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.
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WHEREAS, 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
Section 15319 of the CEQA guidelines.
B. That the unincorporated territory to be annexed is within 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 determination that the boundaries of the area
proposed to be annexed are definite and certain, and in compliance with LAFCO’s road annexation
policies.
D. That the proposal does not split lot 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.
F. That the proposal is consistent with the adopted General Plan of the City and that the property has
been pre-zoned with the designation Hillside Residential (HR).
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 territory have been informed of these proceedings and no
opposition has been received.
NOW, THEREFORE, BE IT RESOLVED that annexation of the territory is hereby ordered without
protest proceedings and that upon completion of applicable procedures the territory described in
Exhibits “A” and “B” will be annexed to the City of Saratoga.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Saratoga held on
the 17th day of November 2010 by the following vote
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED: ATTEST:
_________________________________ _____________________________
Kathleen King Ann Sullivan,
MAYOR CITY CLERK
Saratoga, California Saratoga, California
APPROVED AS TO FORM:
__________________________________
Richard Taylor, CITY ATTORNEY
Saratoga, California