HomeMy WebLinkAboutCity Council Resolution 11-061 RESOLUTION NO. 11— 061
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
RATIFYING THE APPROVAL OF AN INTEGRATED ANNEXATION PACKAGE FOR
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 APNs 503 -09 -004 and 503 -09 -003
WHEREAS, the City Council has considered an Integrated Application Package from
South Thunder, LLC "STLLC" or "Owner for the annexation of an approximately 2.68 -acre
property, hereinafter referred to as "the territory" or "Annexation Property 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 was merged with the adjoining
approximately 35.13 -acre property (the "Principal Property and the entire Merged Property
became restricted by a Land Conservation (Williamson Act) Contract on the Merged Property
and approved for a General Plan Land Use Designation of Hillside Residential Conservation
(HRC), made subject to an Agricultural Preserve /Open Space (AP /OS) Overlay Zoning District,
a Conditional Use Permit, and a Design Review Approval (collectively the "Integrated
Annexation Package and
WHEREAS, the City Council determined the Integrated Annexation Package exempt
from the California Environmental Quality Act (CEQA): (1) 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 (2) 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 was the conducting authority for the annexation; and
WHEREAS, the territory 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
Resolution Ratifying Approval of Integrated Annexation Package
for APN 503 -09 -004 (22480 Mount Eden Road) and APN 503 -09 -003 (22490 Mount Eden Road)
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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; and
WHEREAS, upon approval of initiation of annexation on June 2, 2010, the Integrated
Annexation Package was were referred to the Planning Commission which gave favorable
recommendations thereon after public hearing on March 23, 2011, and returned the Integrated
Annexation Package to the City Council for final action on the actual Annexation Approval, a
Preannexation Agreement, a Land Conservation (Williamson Act) Contract, approval of a
General Plan Amendment, a Zoning Amendment, a Use Permit with Variation from Standards,
and a Design Review Approval; and
WHEREAS, the annexation is consistent with the West Valley Hillsides
Preservation Strategies, Strategy #2, Action 1 and 2; and
WHEREAS, the City Council conducted a noticed public hearing on the Integrated
Annexation Package, even though no notice, public hearing or election was required for
annexation approval itself because there is one hundred percent (100 owner consent for the
annexation proceedings; 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; and
WHEREAS, during the period that Owner has been processing the annexation of the
Annexation Property and its merger with the Principal Property and the related Development
Proposal, the two members who have been the sole owners of Owner STLLC have also been in
the process of reallocating their joint ownerships of properties owned by STLCC and other
entities between themselves. This reallocation of ownerships resulted in an untimely transfer by
grant deeds executed on April 28, 2011 of both the Annexation Property and the Principal
Property out of STLLC to another entity, Grace PB LLC, owned solely by one of the two
members of STLLC. Upon realization of the untimeliness of the transfer, Grace PB LLC, by and
through its sole member manager, and STLLC, by and through its two members and its manager,
rescinded both transfers to Grace PB LLC effective as of April 28, 2011, by the execution of a
Rescission Agreement, and Grace PB LLC has executed, and on August 23, 2011 recorded,
Rescission Deeds by which it has remised, released and quitclaimed all its interest in both the
Principal Property (Document No. 21287993) and the Annexation Property (Document No.
21287994) back to STLLC, thus restoring title to both properties in STLLC effective as of April
28, 2011;
WHEREAS, the City desires to ratify and confirm the continued validity of its original
approval of the Integrated Annexation Package on April 20, 2011 (including but not limited to
the Notice and Deed of Voluntary Merger of the Annexation Property and Principal Property,
which Deed was recorded on May 26, 2011 as Document No. 21191123, the Pre Annexation
Agreement which was executed by the parties and was recorded on May 26, 2011 as Document
Resolution Ratifying Approval of Integrated Annexation Package
for APN 503 -09 -004 (22480 Mount Eden Road) and APN 503 -09 -003 (22490 Mount Eden Road)
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No. 21191125, the Land Conservation (Williamson Act) Contract which was executed by the
parties and was recorded on May 26, 2011 as Document No. 21191124, a General Plan
Amendment, a Zoning Amendment, a Use Permit with Variation from Standards, a Design
Review Approval, the actual Final Annexation Approval, and any and all the other elements of
the Integrated Annexation Package approved by the City Council on April 20, 2011 by
Resolution Nos. 11 -026, 11- 027,and 11 -028 as well as the final General Plan Amendment
Approval by the City Council on June 20, 2011 by Resolution No. 11 -036).
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of
Saratoga, hereby makes the following findings and takes the following actions:
A. That the findings made and actions taken by the City Council of the City of Saratoga
set forth in Resolution Nos. 11 -026, 11- 027,and 11 -028 of the City of Saratoga,
adopted on April 20, 2011 by the City Council approving the Integrated Annexation
Package for annexation of the Annexation Property to the City of Saratoga, its
concurrent merger with the Principal Property, the execution of a Land Conservation
(Williamson Act) Contract between the City and the Owner applying to the Merged
Property, the mutual execution of the Preannexation Agreement, the General Plan
Amendment to Hillside Residential Conservation (HRC) General Plan Designation,
the Zoning Amendment adding Agricultural Preserve /Open Space (AP /OS) Overlay
Zoning, the Use Permit with Variation from Standards, and the Design Review
Approval are hereby ratified and confirmed and remain and as valid today as when
adopted, and shall be deemed hereby readopted as well.
B. That the findings made and actions taken by the City Council of the City of Saratoga
set forth in Resolution No. 11 -036 of the City of Saratoga, adopted on June 20, 2011
by the City Council approving the final action on the General Plan Amendment to
apply the Hillside Residential Conservation (HRC) General Plan Designation to the
territory being annexed are hereby ratified and confirmed and remain and as valid
today as when adopted, and shall be deemed hereby readopted as well.
C. That the untimely implementation of the decision of the members of STLLC to
reallocate ownerships in various entities, including STLLC, between them potentially
compromised the effectiveness of the May 26, 2011 recordation of the documents
implementing the Integrated Annexation Package and this Resolution is intended to
support the actions being taken by STLLC and its members to assure the full and
complete effectiveness of both the May 26, 2011 recordation of said implementing
documents and the revised versions thereof attached hereto which are hereby directed
to be duly executed by the City Manager where required and recorded by the City
Clerk pursuant to this Resolution.
D. That the execution of the Rescission Agreement reference above by Grace PB LLC
and STLLC, rescinding the transfers of the Annexation Property and the Principal
Property from STLLC to Grace PB LLC and the execution and recordation of
Rescission Deeds by Grace PB LLC in favor of STLLC by which it has remised,
Resolution Ratifying Approval of Integrated Annexation Package
for APN 503 -09 -004 (22480 Mount Eden Road) and APN 503 -09 -003 (22490 Mount Eden Road)
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released and quitclaimed all its interest in both the Principal Property (Document No.
21287993) and the Annexation Property (Document No. 21287994) back to STLLC,
thus restoring title to both properties in STLLC effective as of April 28, 2011, has
resolved any ambiguity with respect to title to the property residing in STLLC at all
relevant and/or necessary times so as to assure the full and complete effectiveness of
both the May 26, 2011 recordation of said implementing documents and the revised
versions thereof being recorded pursuant to this Resolution.
PASSED AND ADOPTED by the Saratoga City Council, State of California, the 7 day of
September, 2011 by the following roll call vote:
AYES: Council Member Manny Cappello, Emily Lo, Jill Hunter,
Vice Mayor Chuck Page, Mayor Howard Miller
NOES: None
ABSENT: None
ABSTAIN: None
GNED: ATTEST:
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Howard A. Miller, Ann u ivan,
MAYOR CITY CLERK
Saratoga, California Saratoga, California
APPROVED AS TO FORM:
Richard Taylor,
City Attorney
City of Saratoga, California
Attachments:
1. Preannexation Agreement (Revised)
2. Notice and Deed of Voluntary Merger (Revised)
3. Land Conservation Contract (Revised)
Resolution Ratifying Approval of Integrated Annexation Package
for APN 503 -09 -004 (22480 Mount Eden Road) and APN 503 -09 -003 (22490 Mount Eden Road)
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