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HomeMy WebLinkAboutCity Council Resolution 11-066 RESOLUTION NO. 11— 066 CITY OF SARATOGA CITY COUNCIL RESOLUTION FOR APPLICATION TO LAFCO TO AMEND CITY OF SARATOGA URBAN SERVICE AREA BOUNDARY WHEREAS, the City Council of the City of Saratoga, in light of nearly half of the 120 -acre Garrod Trust property already being inside the City boundary, and more than half being inside the City's Urban Service Area boundary, desires to request LAFCO approval to amend the City's Urban Service Area boundary to include the remaining area of 54.04 acres located at 22600 Mt. Eden Rd. (APNs 503 -11- 006/08/09, 503 -74- 001/002/003/004); and WHEREAS, six of the seven (7) parcels comprising the 54.04 acres proposed for inclusion inside the City's Urban Service Area boundary are owned by the Garrod and Cooper Families (the "Garrod Trust as part of a larger site of 120 acres containing the Cooper Garrod Winery and Garrod Farms Commercial Equestrian Center (the "Winery/Equestrian Facility" or the "Facility and the remaining parcel (APN 503 -11 -006) was formerly part of the Facility; and WHEREAS, the 120 acres on which the Facility is located is bisected by the City /County jurisdictional line, with 51 acres located in the City of Saratoga and 68 acres located in the unincorporated area of the County of Santa Clara; and WHEREAS, the jurisdictional split on the lands and uses of the Garrod Trust has created a situation that has placed long -term implementation of the City's established General Plan and Hillside Specific Plan goals for open space and agricultural preservation in limbo because of less protective County regulations in the area; and WHEREAS, bringing the remainder of the Winery/Equestrian Facility under City jurisdiction will serve the anti sprawl open space and agricultural preservation goals of LAFCO, the City and the Garrod Trust; and WHEREAS, the Garrod Trust shares the long -term intergenerational goals of the City as to agriculture and open space; and WHEREAS, the City Planning staff has commenced processing an integrated annexation package comprised of land use approvals and agreements to assure that the long -term open space and agricultural preservation goals are met; and WHEREAS, the City has demonstrated as a result of the City's existing strong General Plan and Hillside Specific Plan policies and the integrated annexation package developed by the City Planning Staff that it intends to continue to enforce, implement and enact effective measures to protect the open space and agricultural use of the land involved, consistent with LAFCO policy; and WHEREAS, the requested amendment will not have any impact on the extent, size, location and capacity of existing infrastructure providing services to the subject property; and WHEREAS, upon annexation the City will be placing restrictions on the existing land uses for the first time to maintain conditions that presently exist on the site, resulting in no significant effect on the either the environment or the fiscal interests of County Government; and WHEREAS, the Integrated Annexation Package, including this Application for Amendment of Urban Service Area Boundary, is entitled to an exemption 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. CEQA exempts the Preannexation Agreement, Urban Service Area Boundary Amendment, Land Conservation (Williamson Act) Contract, and Zoning Amendment because they will all impose greater land use restrictions on the resulting 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 there is any new proposed activity that may have a significant effect on the environment (see CEQA Guidelines Sections 15308 and 15061(b)(3)). WHEREAS, the City Community Development Department has duly noticed the proposed Urban Service Area boundary amendment as an Agenda Item for the City Council meeting of October 5, 2011 and has provided a Staff Report and a draft Application to LAFCO for an Urban Service Area Amendment (including completion of requisite forms and provision of requested information where applicable) at which time the public was given opportunity to be heard on such proposal, and the City Council gave consideration to any and all public input and Staff Report and resolved to proceed as described below. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga to submit an Application to LAFCO to Amend the City of Saratoga Urban Service Area Boundary to include the 54.04 acres of the Garrod Trust property currently in the unincorporated area of the County of Santa Clara, located at 22600 Mount Eden Rd. (APNs 503 -11- 006/08/09, 503 -74- 001/002/003/004), which is more particularly described in the map which is Exhibit A to this Resolution. PASSED AND ADOPTED by the Saratoga Planning Commission, State of California, on the 5 day of October, 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 a Howard A. Miller, Mayor AT 1'� 7��i i DATE: /0 /G/ Ann Su Clerk 2