HomeMy WebLinkAbout101-Staff Report.pdf SARATOGA CITY COUNCIL
MEETING DATE: November 2, 2011 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Catherine Engberg DIRECTOR: James Lindsay
Acting City Attorney
SUBJECT: Extension of Preannexation Agreement for 19351 Redberry Drive (APN 510-
25-062)
RECOMMENDED ACTION: Authorize City Attorney to extend the term of the
Preannexation Agreement for the property located at 19351 Redberry Drive (APN 510-25-062),
an approximately 1.39 (gross) acre parcel contiguous with the limits of the City of Saratoga and
within the City’s Sphere of Influence and Urban Service Boundaries, from November 4, 2011 to
February 2, 2012.
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 July 6, 2011 Preannexation
Agreement contemplated completion of the annexation proceedings within four months, which
will expire on November 4, 2011. The applicant has requested a three- month extension to
complete negotiations with the County and LAFCO regarding the scope of the annexation.
BACKGROUND: The July 6, 2011 staff report for the initiation of annexation proceedings
describes the history and context of the annexation (see attachment 1). 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 that comply 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.
REASON FOR APPLICANT’S EXTENSION REQUEST: The Cortese-Knox-Hertzberg
Local Government Reorganization Act of 2000 provides that cities in Santa Clara County may
proceed independently of LAFCO in processing annexation applications within the City’s Urban
Service Area (Government Code Section 56757). As discussed in the July 6, 2011 staff report,
cities in Santa Clara County proceeding independently of LAFCO are required to make certain
findings before approving an annexation.
The following necessary finding has taken more time to resolve than the parties to the
Preannexation Agreement anticipated:
• That the County Surveyor has determined the boundaries of the proposal to be
definite and certain, and in compliance with LAFCO’s road annexation policies.
The City is proposing to only annex the parcel. The County Surveyor has responded with a
requirement that the City additionally annex a portion of Redberry Drive, which would create
undesirable alternating segments of City and County maintenance responsibility. The applicant
is working with County officials and LAFCO in an attempt to limit the scope of the annexation
to the parcel itself.
The applicant requests an additional three months to resolve the annexation issues with LAFCO
and the County. The parties to the Preannexation Agreement have negotiated the attached First
Amendment to the Preannexation Agreement (see attachment 2).
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:
The Preannexation Agreement would terminate. The Preannexation Agreement was entered into
to resolve a lawsuit between the applicant and adjacent neighbors. It is uncertain what would
happen to the underlying lawsuit.
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. Staff Report for Initiation of Annexation (July 6, 2011)
2. Proposed First Amendment to Preannexation Agreement