The URL can be used to link to this page

Home My WebLink About108-4-20-11 City Council Report.pdfPage 1 of 4 SARATOGA CITY COUNCIL MEETING DATE: April 20, 2011 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Cynthia McCormick, AICP DIRECTOR: Chris Riordan, AICP SUBJECT: Annexation Package regarding approximately 37.8 acres, located at 22480 and 22490 Mt. Eden Road (APN 503-09-003 and 503-80-004): 1) Final Annexation Approval for 2.68 acre parcel (including Preannexation Agreement); 2) Parcel Merger; 3) Williamson Act Contract; 4) Agricultural Preserve-Open Space Overlay Zoning Amendment; 5) General Plan Amendment; 6) Conditional Use Permit and Variation from Standards; and 7) Design Review. RECOMMENDED ACTION: Approve the proposed annexation by adopting the attached Resolution and associated annexation package documents. REPORT SUMMARY: Project History: On June 2, 2010, the City Council approved an initiation of annexation for the subject 2.68 acre property. The 35.13 acre property was previously annexed by the City in 2006. On February 22, 2011, the Planning Commission held a study session to thoroughly review the annexation package and discuss any concerns with the applicant, staff, and Assistant City Attorney. On March 23, 2011, the Planning Commission recommended approval of the annexation package at a noticed public hearing. Overview: The annexation and the accompanying actions included in the integrated annexation package described below are part of an application submitted to the City by “South Thunder, LLC”. South Thunder LLC is the owner of two adjoining parcels. The “Principal Property” is a 35.13 acre parcel located at 22490 Mt. Eden Road. The “Annexation Property” is a 2.68 acre parcel located at 22480 Mt. Eden Road, adjacent to the Principal Property, in Santa Clara County and within the City’s Sphere of Influence and Urban Service Area. Annexation: The 2.68 acre Annexation Property has public water (San Jose Water) and sanitary sewer service (Cupertino Sanitary District). No structures are proposed for the Annexation Property and the applicant would extinguish the development potential of the parcel for a separate single family dwelling by merging the Annexation Property and the Principal Property as described below. Annexation Procedures are discussed in the Council Report (attachment 1). Page 2 of 4 General Plan Amendment: The Principal Property was annexed to the City in 2006 and has a General Plan designation of Residential Hillside Conservation (RHC) and a zoning designation of Hillside Residential (HR). The Annexation Property has a Pre-General Plan designation of Hillside Open Space (OS-H) and a Pre-zoning designation of Hillside Residential (HR). Once merged, both properties should have a single post-annexation General Plan designation of Residential Hillside Conservation (RHC). Lot Merger and AP-OS Overlay Zone: Concurrent with annexation, the 2.68 acre Annexation Property is proposed to be merged with the adjoining 35.13 acre Principal Property. The Merged Property would also be made subject to the Agricultural Preserve/Open Space Overlay zoning. The AP/OS overlay is required for land on which Williamson Act contracts are executed and renewed. Williamson Act Contract: The applicant would also include the entire Merged Property under a Williamson Act Contract. This would require rescinding the existing Williamson Act Contract with the City on the Principal Property and simultaneously re-entering a Williamson Act Contract for the entire Merged Property. The Williamson Act Contract would include the stables and all other existing uses as compatible uses. Conditional Use Permit (CUP): City Code allows community stables and associated accessory structures in the HR district with a CUP. The existing Community Stable facilities are located almost entirely on the Principal Property and include a stable, two barns, apartment above the utility barn, loafing sheds, and a covered arena with viewing pavilion. There is also a driveway and sand equestrian riding arena which is surrounded by an approximately five foot (5’) tall open PVC fence on the Annexation property. There will be no change to the 22,018 square feet of existing Community Stable facilities. Design Review: The Principal Property is currently improved with a two-story single-family residence, basement, garage, gym, pool house, and pool. The applicant proposes to remodel the existing 5,330 square foot home by adding 2,308 square feet of floor area to the first-story, reducing the second-story by 125 square feet, reducing the four car garage by 118 square feet, and adding 644 square feet to the existing basement (not counted as floor area). The total resulting floor area for the principal use (single-family residence and structures accessory to it) on the Merged Property would be 10,926 SF, including the main residence (8,237 SF), garage (1,003 SF), pool house and gym (1,686 SF). The applicant would also remove five (5) non-native protected trees, as approved by the City Arborist. There is currently 103,332 square feet of site coverage on what will become the Merged Property. The applicant would remove and replace the patios, decks, fountain, and walkways; remodel the existing pool; and remove a pavilion attached to the front of the home. The existing site coverage would be reduced by 2,656 square feet. With the net decrease in site coverage, the total resulting site coverage of the Merged Property would still be 100,676 SF, approximately 6% of the entire site. Variation from Standards: The parcel merger constitutes a material basis of support for approval of the offsets resulting from a net decrease in site coverage described above and for the required findings for the Variation from Standards. The Merged Property shall not be subsequently subdivided so long as any portion of the resulting Merged Property is subject to a Williamson Act Contract, or so long as the City’s AP/OS overlay zoning district has not been Page 3 of 4 removed by the City. The entire Merged Property would also become restricted by a Land Conservation (Williamson Act) Contract. Offsets: The reduction in 2,656 square feet of site coverage will offset the 2,308 square feet of floor area resulting from the addition to the single family residence. The additional floor area is also offset by the elimination of a minimum of 6,560 square feet of otherwise allowable floor area which would be developable on the currently existing Annexation Property. The foregoing offsets are memorialized in the integrated annexation package requiring the Annexation Property to be merged with the Principal Property. If the parcel is not annexed, Santa Clara County development standards would apply; the applicable County RHS zoning district allows a maximum height of 35-feet and 3-stories, with setbacks of 30 feet in the front, 25 feet in the back, and 20 feet on the sides. The size of a single family dwelling in the County is limited by establishment of a building envelope (if any), rather than a strict floor area limit as in the City. California Environmental Quality Act (CEQA): The addition to the existing single-family residence is Class 3 categorically exempt from CEQA pursuant to Title 14 California Code of Regulations, Chapter 3, Article 19, Section 15303. The Annexation, Preannexation Agreement, Parcel Merger, Williamson Act Contract, General Plan Amendment, and Zoning Amendment are exempt from CEQA under Sections 15319, 15308 and 15061(b)(3) because: (1) the annexation is to a city of an area 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, and there is no proposed extension of utility services; (2) they will all impose greater land use restrictions on the Merged Property than currently exist; (3) the Use Permit imposes parameters and conditions on the Merged Property for the first time; and (4) the project does not have a reasonable possibility of having a significant effect on the environment. FISCAL IMPACTS: The City will receive approximately 2.5% of the property tax assessment for the property being annexed after annexation to the City of Saratoga. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Future development of the Annexation Parcel would be subject to requirements of Santa Clara County in lieu of City of Saratoga development standards. ALTERNATIVE ACTION: Deny the proposed resolution approving annexation and provide Staff with direction. FOLLOW UP ACTION: Staff shall forward a copy of the City’s resolution of annexation approval to the Santa Clara County Surveyor (LAFCO) and Assessors Offices. Page 4 of 4 ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s website 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. Notice of hearing for each of the elements of the integrated annexation package were published in the Saratoga News on April 5, 2011 and mailed in the manner and to the extent required by law. ATTACHMENTS: 1. City Council Staff Report, dated June 2, 2010 2. Planning Commission Staff Report, dated March 23, 2011 1) Pre-Annexation Agreement 2) Notice and Deed of Merger 3) Williamson Act Contract 4) Annexation Resolution 5) Conditional Use Permit and Design Review Resolution 6) Zoning and General Plan Amendment Resolution 7) Site Plans (Exhibit A)