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HomeMy WebLinkAbout101-Staff Report.pdf SARATOGA CITY COUNCIL MEETING DATE: December 21, 2011 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Catherine Engberg, Interim City Attorney DIRECTOR: James Lindsay SUBJECT: Annexation of 19351 Redberry Drive (APN 510-25-062) RECOMMENDED ACTION: Approve annexation of 19351 Redberry Drive (APN 510-25- 062), an approximately 1.39 (gross) acre parcel and an adjacent portion of Redberry Drive, all of which is contiguous with the limits of the City of Saratoga and within the City’s Sphere of Influence and Urban Service Boundaries. REPORT SUMMARY: At its meeting of July 6, 2011 the City approved initiation of annexation proceedings for 19351 Redberry Drive together with a preannexation agreement with the owners of that parcel and two neighboring landowners. The preannexation agreement originally contemplated completion of the annexation proceedings within four months but the applicants requested an extension to February 2, 2012 and that extension was approved by the City Council on November 2, 2011. The City and the applicants have completed the work necessary to complete the annexation as contemplated by the attached resolution. The parcel conforms to the applicable land use and density criteria contained in the City Code and the General Plan. The parcel has a General Plan designation of Hillside Open Space (OS-H) and is located in the Hillside Residential (HR) Prezone area. BACKGROUND: The staff report for the initiation of annexation proceedings is attached and describes the history and context of the annexation. In summary, the annexation would occur subject to existing County approvals of a major remodel of the main house on the parcel and a new second unit, which complies with the County Code but not certain portions of the Saratoga Code; the City would accept the County approvals as legal non-conforming structures and be responsible for issuing and administering grading, building, and other permits consistent with the County approvals and subject to certain modifications described in the Preannexation Agreement. Pursuant to a request by the County and agreement by the parties, the City would also annex the adjacent portion of Redberry Drive, which Public Works has inspected and determined to be in acceptable condition. ANNEXATION FINDINGS: The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (the Act) requires the City Council to make findings pursuant to Government Code Section 56757 prior to adopting the resolution approving the annexation. The attached resolution makes the following findings based on the information presented in italics following each finding. • The unincorporated territory is within the urban service area of the city as adopted by Commission. Staff has confirmed that the property to be annexed is within the City’s Urban Service Area. • The County Surveyor has determined the boundaries of the proposal to be definite and certain, and in compliance with LAFCO’s road annexation policies. A map of the annexation was approved and has been approved by the County Surveyor. A copy of the letter from the County Surveyor is attached. • The proposal does not split lines of assessment or ownership. Staff has determined that the property to be annexed does not split lines of assessment or ownership. • The proposal does not create islands or areas in which it would be difficult to provide municipal services. Staff has reviewed the geography of the proposed annexation and concluded that it would not create an island that presents difficulties in providing municipal services since the majority of the services will remain unchanged. • The proposal is consistent with the adopted General Plan of the City. The land use designation for the annexation parcel is OS-H (Hillside Open Space). The land has been pre-zoned HR (Hillside Residential) which is consistent with the General Plan Designation and the nearby zoning. The General Plan provides that lands in the hillsides should be considered for annexation if they meet the following Policy: Policy LU 14 – Land shall not be annexed to Saratoga unless it is contiguous to the existing city limits, within the Sphere of Influence, and it 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 annexation parcel is contiguous to the existing city limits, is within the Sphere of Influence, and has existing public services that would not unreasonably change the cost to the City or dilute services to existing residents. CALIFORNIA ENVIRONMENTAL QUALITY ACT: This annexation is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to the Guidelines for Implementation of CEQA (14 Cal Code §15319). The Category 19 Exemption includes annexations of individual small parcels of the minimum size for facilities exempted by Section 15303 which exempts up to three single-family residences. CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This annexation would not have the potential to cause a significant effect on the environment because the area contains existing public utilities. FISCAL IMPACTS: No impact. The applicant is responsible for all City review fees and County of Santa Clara processing fees. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Future development of the parcel would be subject to requirements of Santa Clara County in lieu of City of Saratoga development standards. FOLLOW UP ACTION: File final resolution with County and proceed with issuance of building permits and other action contemplated by the preannexation agreement. ADVERTISING, NOTICING AND PUBLIC CONTACT: This item was posted as a City Council agenda item and was included in the packet made available on the City’s web site 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. Noticing is not required. ATTACHMENTS: 1. Resolution Approving Annexation 2. Legal Description of the Territory to be Annexed 3. Map of Approved Annexation 4. Staff Report for Initiation of Annexation (July 6, 2011) 5. Letter from County Surveyor dated December 1, 2011