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Home My WebLink About13-016 Resolution Approving Annexation Congress Springs Park RESOLUTION NO. 13-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING ANNEXATION TO THE CITY OF SARATOGA OF THE CONGRESS SPRINGS QUARRY PROPERTY AND CERTAIN UNINCORPORATED ISLANDS WHEREAS, the City Council is considering the annexation of approximately 223 acres of real property, hereinafter referred to as 'the territory', APNs 503-09-008,020; 503-10- 006,007,029; 503-13-038; 503-80-002,003,005,007,008; 503-48-044,045; 517-32-001; 503-48- 028,029, all contiguous to the City of Saratoga and described in Exhibits "A" (legal description) and "B" (plat map) attached hereto; and WHEREAS,the Congress Springs Quarry Property(APN's 503-48-044,045 and 517-32- 001) have an existing General Plan Land Use Designation of Hillside Open Space. The City intends to utilize the Congress Springs Quarry Property as a City park with trail connections to the Skyline-to-the-Sea Trail as well as to provide regional park connections through the Tollgate area to the Parker Ranch Open Space and the Fremont Older Open Space Preserve. The City proposes to amend the City's General Plan Land Use Map to redesignate the Congress Springs Quarry Property from Hillside Open Space to Open Space - Outdoor Recreation to be consistent with the City's intent to utilize the Congress Springs Quarry Property as a City park. WHEREAS, the City Council has determined these annexation proceedings and the changes to the City's General Plan Land Use Map to be exempt from the California Environmental Quality Act (CEQA) under: (1) CEQA Guideline 15319 which exempts annexations to a city of areas containing existing private uses and 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) CEQA Guidelines Sections 15308 and 15061(b)(3) which further exempt these actions because they will all impose equal or greater land use restrictions on the annexed properties than currently exist, 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 annexation and the General Plan Amendment may have a significant effect on the environment; 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, all the territories to be annexed are in the City of Saratoga's Urban Service Area and Sphere of Influence, have a Pre-General Plan designation of H-OS (Hillside-Open Space), and are pre-zoned either R-OS (Residential Open-Space) or HR (Hillside Residential); and WHEREAS, on March 27, 2013, the Planning Commission gave favorable recommendations to modify the General Plan Land Use Map to change the land use designation of the 68-acre Quarry Property from Hillside Open Space to Open Space-Outdoor Recreation; and WHEREAS, although voluntary notice was provided and a public hearing conducted, protest proceedings are being waived pursuant to Government Code Section 56375.3 based on the absence of objections from local agencies providing public services to the territory being annexed, the full owner consent and the findings made by the City Council below. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga hereby makes the following findings: A. That the annexation is exempt from the California Environmental Quality Act (CEQA)pursuant to sections 15319, 15308 and 15061(b)(3) of the CEQA Guidelines. B. That the unincorporated territory to be annexed is within the Sphere of Influence and 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 made a final determination 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 or areas in which it would be difficult to provide municipal services. F. That the proposal will consistent with the General Plan and Zoning of the City in that: 1. The Properties proposed for annexation have a Pre-General Plan designation of H-OS (Hillside-Open Space) and are pre-zoned either R-OS (Residential Open Space) or HR(Hillside Residential). 2. The Congress Springs Quarry Property will have a post annexation General Plan designation of OS-OR (Open Space Outdoor Recreation) to be consistent with the City's intent to use the property as a city park. G. That the territory is contiguous to the existing City limits. H. That the City has complied with all conditions imposed by LAFCO for inclusion of the territory in the Urban Service Area of the City. I. That all property owners within the annexation area have been informed of these Proceedings and no opposition has been received. J. That under Government Code § 56375.3 the City is authorized to waive protest proceedings entirely pursuant to Part 4 (commencing with Section 57000), based on the following findings hereby being made by the Saratoga City Council: 1. The annexation is initiated on or after January 1, 2000, and before January 1, 2014. 2. The annexation is proposed by resolution adopted by the City of Saratoga, the affected city. 3. The territory contained in the annexation proposal meets all of the requirements set forth in finding J.4 below. 4. The territory to be annexed meets all of the following requirements: (a) Each unincorporated island does not exceed 150 acres in area. (b) The territory constitutes an entire unincorporated island located within the limits of the City of Saratoga. (c) The territory is surrounded in either of the following ways: (1) Surrounded, or substantially surrounded, by the city to which annexation is proposed or by the city and a county boundary. (2) Surrounded by the city to which annexation is proposed. (d) The territory is substantially developed or developing, based upon one or more factors, including, but not limited to, any of the following factors: (1) The availability of public utility services. (2) The presence of public improvements. (3) The presence of physical improvements upon the parcel or parcels within the area. (e) The territory is not prime agricultural land, as defined by Section 56064 and as found by LAFCO. (f) The territory will benefit from the change of organization or reorganization or is receiving benefits from the annexing city. BE IT FURTHER RESOLVED that the City Council of the City of Saratoga hereby approves the annexation of Properties described in Exhibits "A" (legal descriptions) and "B" (plat maps) attached hereto and also described as follows: APN's 503-09-008,020; 503-10-006,007,029; 503-13-038; 503-80-002,003,005,007,008; 503-48-044,045; 517-32-001; 503-48-028,029. BE IT FURTHER RESOLVED that upon receipt by the City Clerk of the above-referenced determination by the County Surveyor, the annexation of the parcel is hereby ordered without any further protest proceedings and (1) as to the 22101 Mt. Eden Road parcel only, the Zoning Ordinance Amendment adding Agricultural Preserve/Open Space (AP/OS) Overlay Zoning taking effect; and (2) as to the Congress Springs Quarry Property only, the above-described General Plan Land Use map amendment taking effect. BE IT FURTHER RESOLVED that pursuant to said annexation receiving a Certificate of Completion from LAFCO and otherwise becoming effective as provided above the City will receive taxes upon in accordance with the previously approved tax exchange agreement with the County of Santa Clara. PASSED AND ADOPTED by the Saratoga City Council, State of California, the 3rd day of April, 2013 by the following roll call vote: AYES: Council Member Chuck Page, Manny Cappello, Howard Miller, Vice Mayor Emily Lo, Mayor Jill Hunter NOES: None ABSENT: None ABSTAIN: None J � tAk a Jill Hunter, Mayor ATTEST: I 1;5- l o !��o DATE: 4' �'/') 13 Cryst 1 othelio, City Clerk