HomeMy WebLinkAboutCity Council Resolution 14-007 Resolution Amending 13-034 Approving Annexation to City of Saratoga of STG07RESOLUTION NO. 14 -007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING RESOLUTION NO. 13 -034
APPROVING ANNEXATION TO THE CITY OF SARATOGA OF THE
UNINCORPORATED TERRITORY ENTITLED `AREA STG07'
WHEREAS, in accordance with Resolution 12 -050 approved August 15, 2012 initiating
annexation proceedings, the City Council is considering the annexation of approximately 106
acres of real property entitled `Area STG07% 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 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,. This Contract is
scheduled to terminate on January 1, 2020. 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.
WHEREAS, on April 17, 2013, the City Council approved an ordinance adding
Agricultural Preserve /Open Space (AP /OS) overlay zoning to the territory which would become
effective upon its annexation. The purpose of the overlay zone is to encourage the preservation
of Williamson Act Contracts in accordance with the policies set forth in the General Plan. The
AP /OS overlay zone would not change the underlying zoning of the territory.
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.
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 # 13 -034 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, 15308 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 has 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 Property proposed for annexation has a General Plan designation of H -OS
(Hillside -Open Space) and will be zoned R -OS (Residential Open Space with an
Agricultural Preserve /Open Space (AP /OS) overlay);
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 in accordance with Government Code Section 56754 the City will succeed to all
rights, duties and powers of the County of Santa Clara under the Williamson Act for the
property as provided in Government Code Section 51243.
D. That pursuant to Government Code Section 56856.5, upon annexation, no services or
facilities related to sewers, non - agricultural water or streets and roads shall be provided
by the City to the property for land uses or activities not allowed under the Williamson
Act Contract during the term of the Williamson Act Contract, which is scheduled to
terminate on January 1, 2020.
E. That pursuant to Government Code Section 56889, the City has adopted rules and
procedures required by the Williamson Act, including but not limited to the rules and
procedures required by Government Code sections 51231, 51237, and 51237.5.
F. 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 F.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; and
(2) The presence of public improvements;
(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 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 and this resolution supersedes Resolution No. 13 -013 and No. 13 -034 of the City
Council approving this annexation.
BE IT FURTHER RESOLVED that the annexation of the parcel 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 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 5th day 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:
cj� vjl 0 DATE: 4 2
Cr
ys 1 Bothelio, City Clerk
EXHIBIT "A"
ANNEXATION TO THE 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 1/2 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 19 113 acre tract of
land described in the Deed to Paul Masson, dated March 19, 191-9 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 %4 section line, running north and south through
the center of Section 3, Township 8 South, Range 2 West, M.D.B.& M.;
Thence leaving said northwesterly line of Masson property and along said V4. 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
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;
Thence leaving said "22490 Mt. Eden Road" annexation and along the lines of said Mt. Eden
Road 79 -2 annexation and along the linos 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 °35'06" 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) iSouth 72 030'00" East, 78.5.4 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;
Page 2 of 3
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.
END OF DESCRIPTION
)J'A.- ZI
oNa� l9,yD
William F. lepnikoff, 5701
Deputy County Surveyor, County of Santa Clara * No. 6701 ^ '�
IWO-24
Date: f `� ��Os n �► �F04�`�
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.
Page 3 of 3
LINE TABLE
OURSE
BEARING-
DISTANCE
3
S65'57 00 W
202.37
7
73-6'-4-5'00-7'E-
36.45'00' E
9438'
8
N 72`15 00 E
168.30
9
562'20'00 "E
87.78' •
10
S56'40 00 "E
69.30
11
S42'35 00"E
84.48'
.12
1 S58'10 00 E
69.30
13
S27'40'00 E
79.86
14
N83'30 00 E
81.84
15
§58'00'00 E
141.24' '
16
S2745'00 E
37.62
17
S07'40 00 W
52.14
18
S25'40'00 E
118.14
19
N84'40 00 E
66.00
20
N81'30'00 E
128.04'
21
S72'30 00 E.
78.54
22
S34'20'00 "E
79.20
23"
§08'20 OO' W
79.86'
24
S75'00'00 "E
54.78
25
N86'40 00' E
44.22'
26
S66-00'00"E
140.
27
S50'45 00 E
1
- 35.30
28
S61'40 00 "E
132.00
29
S3456 00 E
108.50'
30
N65'44 00 "E
102.18
31
S25'11'00 "E
232.48'
32
$75'29'00 "E
113.39'
33
N71'S3 00 E
285.67
34
N61'45 WE
159.15'
.35 5
N32'54 00 "E
160.00'
36
N60'12 00"E
122.45'
37
§3-0-'2-6-'5-7"E 1148.4,V
EXISTING SARATOGA CITY
LIMIT LINE AS ESTABLISHED BY
22490 MT.*EDEN ROAD ANNEX.
EXISTING SARATOGA CITY
LIMIT LINE AS ESTABLISHED BY
MT. EDEN ROAD 79--2 ANNEX.
1/4 SECTION LINE, (�7
SECTION 3. T.8S., R.2W, 9 31
M,D.B.&M. 0
8
Z
°.� EXISTING SARATOGA CITY
L4 a LIMIT LINE AS ESTABLISHED BY
MT. EDEN ROAD 79 -1 ANNEX.
c%
LANDS OP
JOHN MSSLER, TRUSTEE
Doo. No. 2145115
APN: 503 -09 --008
EXISTING SARATOGA CITY "C
LIMIT LINE AS 'ESTABLISHED BY D'
MT. EDEN ROAD 79 -3 ANNEX,
o,
l
Q t481'23'01 "
N
150 300 6 0
GRAPHIC SCALE
1 IN - 600 FT
P.O.B.
I
I
.i
LEGEND II
BOUNDARY LINE OF
ANNEX. AREA = 105,76 ACRES PROPOSED ANNEXATION.
-- - - EXISTING SARATOGA
CITY LIMIT LINE
P,O.B. POINT OF BEGINNING
DISCLAIMER: ANNEX,
ANNEXATION
FOR ASSESSMENT PURPOSES ONLY THIS DESCRIPTION OF LAND N.T,S,
NOT TO SCALE
IS NOT A LEGAL PROPERTY DESCRIPTION AS DEFINED IN THE
SUBDIVISION MAP ACT AND MAY NOT BE USED AS THE BASIS APN
ASSESSOR'S PARCEL NUMBER
FOR AN OFFER FOR SALE OF THE LAND DESCRIBED. 1D '
COURSE NUMBER
your OUNTY OF SANTA CLARA
EXHIBIT "B"
SCALE: 1" = 600'
. FFICE of THE couNTr suRVevoR
AREA 5TG07
DATE: 03/28/13
.0
ANNEXATION TO THE CITY OF SARATOGA
DRAWN: CW
COUNTY GOVERNMENT CENTER, EAST WNG
BEING A PORTION OF THE EAST 1/2 OF SECTION 3,
CHECKED: BS
Q
70 WEST HEDDING STREET, 7th FLOOR
SAN JOSE. CALIFORNIA 95110
TOWNSHIP 8 SOUTH, RANGE 2 WEST, M.D.B. &M.
JOB NO: STGO7
(406) 299 -5730 (406) 275 -6412 FAX
COUNTY OF SANTA CLARA, CALIFORNIA
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