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Home My WebLink About102-Resolution.pdf 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) Page 1 RESOLUTION NO. __________ 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 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) Page 2 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 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; 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) Page 3 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 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 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) Page 4 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, 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 7th day of September, 2011 by the following roll call vote: AYES: Councilmembers NOES: ABSENT: ABSTAIN: SIGNED: ATTEST: _________________________________ _____________________________ Howard Miller, Ann Sullivan, 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)