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HomeMy WebLinkAbout102-Attachment 1 - Resolution Approving Annexation.pdfRESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING ANNEXATION OF 19351 REDBERRY DRIVE (APN 510-25-062) WHEREAS, at the request of the property owner, the City Council is considering the annexation of an approximately 1.39 acre property commonly known as 19351 Redberry Drive, APN 510-25-062, hereinafter referred to as “the parcel,” and the adjacent portion of Redberry Drive, all of which is collectively referred to as “the territory,” and described in Attachment A; 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 is in the City of Saratoga’s Urban Service Area and Sphere of Influence and is prezoned as Hillside Residential (HR); and WHEREAS, the territory is considered uninhabited for the purposes of annexation proceedings because there are fewer than twelve registered voters and there is one hundred percent (100%) owner consent for the annexation proceedings, no notice, public hearing or election will be required for annexation approval by the City; and WHEREAS, the City and the owners of the parcel have entered a Preannexation Agreement concerning the territory whereby the City agrees to process and the owners agree to support the annexation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga hereby makes the following findings based on the information presented in the staff report attached to this resolution as Attachment B: 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 determined 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 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 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 prezoned with the designation Hillside Residential. G. That the territory is contiguous to the existing City limits. H. That the city has complied with all conditions imposed by the LAFCO for inclusion of the territory in the urban service area of the City. I. That there are no agencies that would lose or gain territory as a result of the annexation. J. That all property owners within the annexation area have been informed of these proceedings and no opposition has been received. BE IT FURTHER RESOLVED that the annexation of the territory is hereby ordered without any further protest proceedings and that upon completion of these proceedings the territory will be annexed to the City of Saratoga which the City will receive taxes upon in accordance with the previously approved tax exchange agreement. BE IT FURTHER RESOLVED that the City Council of the City of Saratoga hereby amends the City boundary to include the territory in the City of Saratoga effective upon the completion of these proceedings. Attachments A – Legal description of the territory to be annexed B – Annexation staff report for meeting dated December 21, 2011 The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 21st day of December 2011, by the following vote: AYES: NAYES: ABSTAIN: ABSENT: Howard A. Miller, Mayor ATTEST: DATE: Crystal Morrow, City Clerk