HomeMy WebLinkAboutCity Council Resolution 14-006 Amended Resolution Approving Final Annexation - STG01RESOLUTION NO. 14 -006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING RESOLUTION NO. 13 -033
APPROVING ANNEXATION TO THE CITY OF SARATOGA OF THE
UNINCORPORATED TERRITORY ENTITLED `AREA STGOV
WHEREAS, in accordance with Resolution 12 -050 approved August 15, 2012 initiating
annexation proceedings, the City Council is considering the annexation of approximately 31
acres of real property entitled `Area STGOF, hereafter referred to as `the territory', which
includes APNs 503 -09 -020; 503 -10- 006,007,029; 503 -80- 002,003,005,007,008 and 503 -13 -038,
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 Section 15061(b)(3) which further exempt these actions
because they will involve no physical change to the environment.
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 located 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 HR (Hillside Residential); and
WHEREAS, notice was provided and a public hearing conducted, protest proceedings
are being waived pursuant to Government Code Section 56375.3 based on the findings made by
the City Council below; and
WHEREAS, this annexation was initially approved without objection by the City
Council on June 5, 2013 and the City Council now wishes to make clarifying text edits by
amending Resolution No. 13 -033 and to reaffirm and restate that approval.
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 and 15061(b)(3) of the CEQA Guidelines.
B. That the City of Saratoga is acting as the conducting authority pursuant to
Government Code Section 56757 based on the following findings:
1. 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;
2. That the Santa Clara County Surveyor determined that the boundaries of the area
proposed to be annexed are definite and certain, and in compliance with LAFCO's road
annexation policies;
3. That the proposal does not split lines of assessment or ownership;
4. That the proposal does not create islands or areas in which it would be difficult to
provide municipal services;
5. That the proposal is consistent with the General Plan and Zoning of the City in
that the territory proposed for annexation has a General Plan designation of H -OS
(Hillside -Open Space) and will be zoned HR (Hillside Residential);
6. That the territory is contiguous to the existing City limits; and
7. That the City has complied with all conditions imposed by LAFCO for inclusion
of the territory in the Urban Service Area of the City.
C. That under Government Code § 56375.3 the City is required 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;
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 C.4 below; and
4. The territory to be annexed meets all of the following requirements:
(a) The 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 substantially surrounded by the City of Saratoga;
(d) The territory is substantially developed or developing, based upon
the following factors:
(1) The availability of public utility services;
(2) The presence of public improvements; and
(3) The presence of physical improvements upon the parcels within
the area;
(e) The territory is not prime agricultural land, as defined by Government
Code Section 56064; and
(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 31 acres of real property entitled `Area STGOI' described in
Exhibits "A" (legal description) and "B" (plat map) attached hereto which includes APNs 503-
09 -020; 503 -10- 006,007,029; 503 -80- 002,003,005,007,008 and 503 -13 -038 and this resolution
supersedes Resolution No. 13 -013 and No. 13 -033 of the City Council approving this
annexation.
BE IT FURTHER RESOLVED that the annexation of the territory is hereby ordered without
any further protest proceedings.
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 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 5th of March
2014, by the following roll call vote:
AYES: Mayor Emily Lo, Vice Mayor Howard Miller, Council Member Manny
Cappello, Chuck Page, Jill Hunter
NOES: None
ABSENT: None
ABSTAIN: None
Emily Lo, Mayor
ATTEST:
cvvwj v,ov DATE: —oil I L-2 V
Crys 1 Bothelio, City Clerk
7 DISGYAIMER: N
I FOR ASSESSMENT PURPOSES ONLY, THIS OESCRIPTON OF LAND
IS NOT A LEGAL PROPERTY DESCRIPTION AS DEFINED IN THE
SUBOWSION MAP ACT AND MAY NOT BE USED AS THE BASIS
FOR AN OFFER FOR SALE OF THE LAND DESCRIBED.
ANNEX. AREA = 31.44 ACRES 9 100 0
GRAPHIC SCALE
1 IN = 400 FT
LOCATION MAP
N.T.S. .
UNE TABLE
COURSEI
BEARING
DISTANCE
2
N29'19 34
209.06
3
M6327'5 7"E
168.63
4
519'48 26
70551
6
54344 51 .
•72.32
7
N88'32'207
57.35
8
54478 5
-13-3-.9-4r-
10
573"17.21 "W
13,22'
12
524'29 23 W
44.74
14
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4.09
16
1503 33 E
236.14
" 17
-f7'8:58 37' E
36.9
18
S25'03 21 E
199.0
19
S51-27 27-W W
175.35
56
S41'O40 W
118,72
57 '
S01'38'15 W
73.71'
58
N88'40 0D W
27.2
R26
172'46 30 W
20.00
60
517'13'30 W
107.00
61
S8326 30 E
308.06
62
50015 ] 9 "W
1.39.37
63
S72'17'13 "W
258.69
29
N67'4036 W
85.80
30
N22'1d36'W
86.00
31
136'40 36 W
5170
32
S58'09'24 W
84.47
33
131'46 36"W
164.95
34
58 36 E'
83.37
35
1 NO9' 5 36 W
62.7
36'
N09235'36
39.38
37
N44..2, 06
290,99
38
-N2-3'4-5r3-6T
88.44 .
'39
,N00'3223
116.80
.41
N43'20 36 W
190,00
LINE TABLE
COURSEI
BEARING -
DISTANCE
43
S51'24 0 W
•245.25
44
N53'26 36 W
61.38'
45
125'53 36 W
66.00
46
N635 36 W
50.16
47
N47'5 36 W
75.90
48
149'26 36 "W
73.92
49
N78'46 36 "W
54.12'
50
S76-01-24:'W
55.44'
51
N28'3157
156.65
52
189'43 42 E
196.92
53
120'42 41 E
86.73
54
N23'12'41 "E
105,50'
55
N10.27'41 "E
95.70'
56
N01'57'41 'E
213.18'
57 '
N27'4 '1 "W
81.84'
58
NO2'17'41 "E
89.76'
59
410-57'41'E
108,90'
60
N2912'41 "E
105,60'
61
N12'47'19 "W
300,30'
62
N21'45 46 E
188.27'
63
NOO'43'06�7145.74'
64
S41'46 23 °E
122.08'
65
T5-6--0-11'T
75.95
66
512'23'23 W
55.90'
57
S09'OD'44 E
136.24
68
S206'01
204.84'
69
571'48'19 E
373.10'
70
N84'38'17 'E
51:63'
71
S71-21-46"E '
47,27-
72
S24'0 00 W
208.29'
73
I S06'30'00 "E
45,54'
74
S39'0D'OO"W
151.14'
75
1 S60'D5'00 W
163.02'
LINE TABLE
COURSE
BEARING
DISTANCE
76
503'30 00 W
170, 94'
77
S19 45'00 "W
138,60'
78
Sl l30'00" E
110.22'
CURVE TABLE
COURSE
RADIUS
DELTA •
LENGTH
5
130.00'
6333'17","
144.20'
9
220.00
28'5824
111.25
11
100.00
-484758
85.17
13
96
T9-6-T-
8735 55
152.32
15
149.42•
03'19 53
8.69 .
22
40
330 00
1
13'55 21
8099
42
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65 No, 6
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ANNEX.
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LEGEND
BOUNDARY LINE OF
PROPOSED ANNEXATION
LA
- EXISTING SARATOGA
CITY LIMIT LINE
�� •� -�1 503- 80-003
SAO
2
Q "
v -•- -- - -- ANNEXATION LINE
22480 T.IX N�\
C.
m 9 P -O.B.. POINT OF BEGINNING
\
ANNEX, ANNE (AT10N
ROAD ANNEX.
rFOF
�R N.T.S. NOT TO SCALE
503 -09-02 503 - 13-038
CP,l14Q��
543- 10-DDS ASSESSOR'S PARCEL NUMBER
3 f
--
(1D COURSE NUMBER
MT. EDEN ROAD)
(R) RADIAL BEARING
79 -2 ANNEX. 3 II
EXHIBIT "B"
c r
COUNTY OF SANTA CLARA
OFFICE OF THE COUNTY SURVEYOR
AREA STGO1
DAT
*
ANNEXATION TO THE CITY OF SARATOGA
ORA
COUNTY GOVERNMENT CENTER, FAST WING
7o WEST HEDDING STREET, 7th FLOOR
BEING A PORTION OF THE SDUTHEAST 1/4 OF SECTION 34, 73S„ R.2W. AND
CIE
rA' o
SAN JGSE, CALIFORNIA 95110
A PORTION OF THE NORTHEAST 1 /4 OF SECTION 3, 78 S., R.2 W., M.D.B.&M.
JOB
(408) 299 -573D (408) 275 -6412 FAX
COUNTY OF SANTA'CLARA, CALIFORNIA
SHI
OAKS IN. I•
TA =.
MT. EDEN ROAD,
FOSTER ANNEX