HomeMy WebLinkAbout13-034 Resolution approving annexation of Area STGO7 RESOLUTION NO 13-034
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING ANNEXATION TO THE CITY OF SARATOGA OF THE UNINCORPORATED
TERRITORY ENTITLED `AREA STGO7'
WHEREAS, the City Council is considering the annexation of approximately 106 acres of real
property entitled `Area STGO7', hereafter referred to as `the territory' (APN 503-09-008), all contiguous
to the City of Saratoga and described in Exhibit "A" (legal description) and "B" (plat map) attached
hereto; and
WHEREAS, the City Council has determined these annexation proceedings 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 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, the territory to be annexed is in the City of Saratoga's Urban Service Area and
Sphere of Influence, has a General Plan designation of H-OS (Hillside-Open Space), and is pre-zoned or
R-OS (Residential Open Space); and
WHEREAS, the territory is subject to an existing Land Conservation Agreement (Williamson
Act), Contract Number 68.064, with the County of Santa Clara, to voluntarily restrict the land to
agricultural and open space uses. This Contract is scheduled to terminate on January 1, 2020. Pursuant to
Government Code Section 51243, the City of Saratoga automatically succeeds to all rights, duties, and
powers of the County of Santa Clara under the Contract. The Contract includes a list of Compatible Land
Uses determined to be compatible with the agricultural use of the land and the City cannot provide
services to the property for land uses not listed in the list of Compatible Land Uses. The City proposes to
make the territory subject to the Agricultural Preserve/Open Space Overlay Zoning which promotes
agricultural uses and encourages and preserves Williamson Act contracts in accordance with polices set
forth in the General Plan.
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 General Plan designation of H-OS
(Hillside-Open Space)and are pre-zoned either R-OS (Residential Open Space).
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 approximately 106-acres of real property entitled `STG07' described in Exhibits "A" (legal
description)and "B" (plat map)attached hereto and also described as APN 503-09-008.
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 the Zoning Ordinance Amendment adding Agricultural Preserve/Open Space
(AP/OS)Overlay Zoning to 22101 Mount Eden Road(APN 503-09-008)taking effect.
PASSED AND ADOPTED by the Saratoga City Council, State of California, the 5th day of June, 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
Jill"unter,Mayor
Attest:
q3C to Bothelio,City Clerk
EXHIBIT "A"
ANNEXATION TO'IH.E CITY OF SARATOGA
"AREA STG07"
GEOGRAPHIC DESCRIPTION
All that certain real property situated in the County of Santa Clara,State of California,being a
portion of the East 1/3 of Section 3,Township 8 South,Range 2 West,M.D.B. &M.,as described
in.the"Affidavit—Change of Trustee"document recorded December 14,2011,in Document No.
21458563,Official Records of Santa Clara County,described as follows:
BEGINNING at a point in the City Limits Line of the City of Saratoga as established by the
annexation to the City of Saratoga entitled"Mt.Eden Road 79-1 (De Martini)"dated December
10,1979,in a Certificate of Completion,said point being the intersection of the southerly line of•
Mount Eden Road(forty feet wide)and the northwesterly line of said annexation; •
Thence along said City Limits Line of annexation"Mt.Eden Road 79-1"and the lines of said
Affidavit(Document No.21458563)the following two(2)courses:
(1) South 35°44'00"West, 1076.34 feet;
(2) South 23°42'00"East,644.80 feet to the northerly line of annexation"Mt.Eden Road 79-3 •
(Teerlink)"to the City of Saratoga;
Thence leaving the lines of said"Mt.Eden Road 79-1"annexation and along the lines of said
"Mt.Eden Road 79-3"annexation and said Affidavit,the following two(2)courses:
(3) South 65°57'00"West,202.37 feet;
(4) South 29°13'00"West,600.78 feet to the northwesterly line of that certain 19 1/3 acre tract of
land described in the Deed to Paul Masson,dated March 19, 1919. and recorded in Book 484
of Deeds at Page 234(484 D 234),Santa Clara County Records;
Thence leaving the lines of said"Mt.Eden Road 79-3"annexation and along said northwesterly
line of Masson property and the lines of said Affidavit,the following course:
(5)North 81°23'01"West, 1,568.05 feet to the Y4 section line,running north and south through
the center of Section 3,Township $ South,Range 2 West,M.D.B.&M.;
Thence leaving said northwesterly line of Masson property and along said 1/4-section line and the
lines of said Affidavit,the following course:
(6)North 03°30'00"-West,2,634.06 feet to the southerly City Limits Line of the City of Saratoga
as established by the annexation to the City of Saratoga entitled"22490 Mt.Eden Road"
�-- Page 1 of 3
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Thence leaving the lines of said Affidavit and along said southwesterly line of Mount Eden Road
and along the lines of annexation Mt.Eden Road 79-2 the following course:
(37) South 30°26'57'East, 148.44 feet to the POINT OF BEGINNING.
Containing 105.76 acres,more or less.
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END OF DESCRIPTION Otd•1-440
William . lepnikoff, ' " 5701 1 SAP��Q\'
Deputy County Surveyor,County of Santa Clara ' *3: No.6701 ni }
040.24/ *i
Date: gialli? \-94,
Op CAIt���`'
For assessment purposes only,This description of land is not a legal property description as
defined in the Subdivision Map Act and may not be used as the basis for an offer for sale of the
land described.
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L DAMON ;1`
SITE
t))\,y y •• • \+` * f rc9 EXISTING SARATOGA CITY '` 2Ol 15 00 0 Ru 22490 MT.EDEN ROAD ANNEX 1 0 FOp`�\� GRAPHIC SCALE •
• -�- 1 IN - 600 FT
LOCATION MAP
N.T.S. : �m
o m ®_
•
UNE TABLE • EXISTING SARATOGA CITY
COURSE BEARING. DISTANCE ��r� (iI 4�i ® UMIT LINE AS ESTABLISHED BY
3 S65'57'00"W 202.37' �. -• MT. EDEN ROAD 79-2 ANNEX.
7 N36'45'0O°E 94.38' i) ob "? 41
8 N7215'00"E 168.30'
41- K
Nd
9 S62'20'00"E 87.78'. P.O.B.
10 S56'40'00'E 69.30' - 1/4 SECTION LINE, '
11 S42'35'00'rE 84.48' SEECCTION 3. T.8S., R.2W. 4� 1 K7 ill �j.
.12 S58'10'O0"E 69.30' • M.D.B.861. 4 a�
13 527'40 00"E 79.86' Q K ,pd, o
14 N83130'00'1 81.84' Z p��.
15 S5800'Od"E 141.24' • rn w EXISTING SARATOGA CITY p^ �'
16 S26'45'00"E 37.62' _ ��' LIMIT UNE AS ESTABLISHED BY C '` G
, . 17 S07'40'Od"W 52.14' o MT. EDEN ROAD 79-1 ANNEX. Q �� '1!p�, •
•
18 525'40'00"E 118.14' °: DS `r
19 N84'40'00"E 66.00' JOHN KESSLER,OP
TRUSTEE
AI 116■.
20 N81'30�OO�E 128.04' [7OC. No. 21958583
21 S72'30 00 E. 78.54 "� !�
22 S34'20'00"E 79.20' APN: 503-09-008 %p �
23- S08'20'00"W 79.86' . �c�c y
24 575'00'00"E 54.78' ' EXISTING SARATOGA CITY 'tel '
25 N86'40'00°E 44.22'• LIMIT LINE AS'ESTABLISHED BY U'
26 S66'00'00"E 140.58' • MT, EDEN ROAD 79-3 ANNEX.
27 S50'45'00"E •135.30' .t' '
28 S61140'00 1 13200' CENta fil
29 534'56'00"E 108.50' r.�p•
30 N65'44100"E 10218' QN8 ,o',o
31 525'11'00"E 232.48' • Gi
32 $75'29'00°E 113.39' 0 ,
33 N71'53'00°E 285.67'
34 N61145'00"E 159.15'
•35 N32154'00"E 160.00' '
36 N60'12'00"E 122.45' LEGEND I .
37 S30'26'57"E 148.44' BOUNDARY UNE OF
. ANNEX. AREA °, 105.76 ACRES t PROPOSED ANNEXATION
-••-••-EXISTING SARATOGA
CITY LIMIT LINE
P.O.B. POINT OF BEGINNING
DISCLAIMER:
FOR ASSESSMENT PURPOSES ONLY. THIS DESCRIPTION OF LAND ANNEX. ANNEXATION
IS NOT A LEGAL PROPERTY DESCRIPTION AS DEFINED IN THE N.T.S. NOT TO SCALE
• SUBDIVISION MAP ACT AND MAY NOT BE USED AS THE BASIS - • APN ASSESSOR'S PARCEL NUMBER I
FOR AN OFFER FOR SALE OF THE LAND DESCRIBED. . 10 • COURSE NUMBER
oug*. COUNTY OF SANTA CLARA EXHIBIT"B" SCALE:1" — 800'
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,O[� OFFICE OF THE COUNTY SURVEYOR AREA STGO7 DATE:03/28/13
ANNEXATION TO THE CITY OF SARATOGA
� `���'' DRAWN:CW
�.. ' TAT�.
L;Si4 COUNTY GOVERNMENT CENTER, EAST YANG BEING A PORTION OF THE EAST 1/2 OF SECTION 3, CHECKED:BS
\�. 70 WEST REDOING STREET, 7th.FLOOR
'�� 3iyY SAN JOSE CALIFORNIA 951�o TOWNSHIP 8 SOUTH, RANGE 2 WEST, M.D.B.&M. JOB NO:STGO7
(408) 299-3730(408) 275-8412 FAX COUNTY OF SANTA CLARA, CALIFORNIA SHEET: 1 OF 1 _
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recorded in Resolution No. 06-078 dated August 30,2010 in Document No.20847826; •
Thence leaving said'section line and along the lines of said"22490 Mt.Eden Road"
annexation and along the lines of said Affidavit,the following two (2)courses:
(7)North 36°45'00"East,94.38 feet;
(8)North 72°15'00"East, 168.30 feet to the southerly City Limits Line of the City of Saratoga as
established by the annexation to the City of Saratoga entitled"Mt.Eden Road 79-2 (Mares, Cone
and Horvath)"dated April 11, 1980;•
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Thence leaving said"22490 Mt.Eden Road"annexation and along the lines of said Mt. Eden
Road 79-2 annexation and along the lines of said Affidavit,the following twenty-eight(28)
courses:
(9)South 62°20'00"East, 87.78 feet;
(10) South 56°40'00"East,69.30 feet; •
(11) South 42°35'0U"East,84.48 feet; •
(12) South 58°10'00"East,69.30 feet;
(13) South 27°40'00"East, 79.86 feet;
(14) North 83°30'00"East, 81.84 feet;
(15) South 58°00'00"East, 141.24 feet;
• (16) South 26°45'00"East,37.62 feet;
(17) South 07°40'00"West,52.14 feet;
(18) South 25°40'00"East, 118.14 feet; •
(19) North 84°40'00"East, 66.00 feet; •
(20) North 81°30'00"East, 128.0.4 feet;
(21) South 72°30'00"East,78.54 feet; • •
(22) South 34°20'00"East,79,20 feet;
(23) South 08°20'00"West,79.86 feet;
(24) South 75°00'00"East, 54.78 feet;
(25) North 86°40'00"East,44.22 feet;
(26) South 66°00'00"East, 140.58 feet;
(27) South 50°45'00"East, 135.30 feet;
(28) South 61°40'00"East, 132.00 feet;
(29) South 34°56'00"East, 108.50 feet;•
• (30) North 65°44'00"East, 102.18 feet;
(31) South 25°11'00"East,232.48 feet;
(32) South 75°29'00"East, 113.39 feet;
(33) North 71°53'00"East,285.67 feet;
(34) North 61°45'00"East, 159.15 feet;
(35) North 32°54'00"East, 160.00 feet;
(36) North 60°12'00"East, 122.45 feet to the southwesterly line of Mount Eden Road;
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