HomeMy WebLinkAboutCity Council Resolution 14-008 Resolution Amending 13-035 Approving Annexation to City of Saratoga of Congress Springs Property & Adjacent PropertiesRESOLUTION NO. 14 -008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING RESOLUTION NO. 13 -035
APPROVING ANNEXATION TO THE CITY OF SARATOGA
OF THE CONGRESS SPRINGS QUARRY AND ADJACENT PROPERTIES
WHEREAS, in accordance with Resolution 12 -050 approved August 15, 2012 and
amended April 3, 2013 (to include the Congress Springs Quarry Property) initiating annexation
proceedings, the City Council is considering the annexation of approximately 75 acres of real
property, hereinafter referred to as 'the territory', APNs 503 -48- 028,029,044,045 and 517 -32-
001, all contiguous to the City of Saratoga and described in Exhibits "A" (legal description) and
"B" (plat map) attached hereto; and
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, the territory to be annexed is located within the City of Saratoga's Urban
Service Area and Sphere of Influence, the Congress Springs Quarry Property (APN's 503 -48-
044,045 and 517 -32 -001) has a General Plan Land Use Designation of Open Space - Outdoor
Recreation (OS -OR) and is pre -zoned R -OS (Residential Open- Space) and the remainder of the
territory has a General Plan designation of H -OS (Hillside -Open Space), and is pre -zoned R -OS
(Residential Open- Space); and
WHEREAS, on March 27, 2013, the Planning Commission gave a favorable
recommendation to modify the General Plan Land Use Map to change the land use designation
of the Quarry Property (APN's 503 -48- 044,045 and 517 -32 -001) from Hillside Open Space to
Open Space- Outdoor Recreation; 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 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 -035 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 of the City in that:
1. The Congress Springs Quarry Property (APN's 503 -48- 044,045 and 517-
32 -001) has a 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;
2. The remaining properties proposed for annexation (APN's 503 -48-
028,029) have a General Plan designation of H -OS (Hillside -Open
Space); and
3. All properties to be annexed will be zoned R -OS (Residential Open
Space);
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 CA below;
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 one
or more factors, including, but not limited to:
(1) The availability of public utility services;
(2) The presence of public improvements; and
(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 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 Properties described in Exhibits "A" (legal descriptions) and "B" (plat maps)
attached hereto and also described as follows: APN's 503 -48- 028,029,044,045 and 517 -32 -001
and this resolution supersedes Resolution No. 13 -013 and No. 13 -035 all other resolutions 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, and
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 day of
p 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:
Q'/�rfxc 337t(/c�i'o DATE: 1 L-2-
Cry6d Bothelio, City Clerk
EXHIBIT "A"
ANNEXATION TO THE CITY OF SARATOGA
i°THE QUARRY"
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 11, Township 8 South, Range 2 West, M.D.B.
& M., as shown on Records of Survey filed on May 2, 1977 in Book 394 of Maps at
Page 29 (394 M 29) and on January 25, 1978 in Book 411 of Maps at Page 51 (411 M
51), Santa Clara County Records, described as follows:
Also being a portion of the lands described in the Grant Deed to the City of Saratoga
recorded October 31, 2011, in Document No. 21389902, the Quitclaim Deed to English
recorded October 28, 2003, in Document No, 17443740, and the Grant Deed to Zen -
Kamata LLC recorded December 13, 2010, in Document No. 21002230, Official
Records of Santa Clara County, more particularly described as follows:
BEGINNING at an angle point in the City Limits Line of the City of Saratoga as
established by the annexation to the City of Saratoga entitled "Bohlman 76 -1" filed on
October 6, 1976 as Resolution No.792 said angle point being the most northwestern
corner of said annexation and as shown on 411 M 51, Santa Clara County Records;
Thence along said City Limits Line of annexation "Bohhnan 76-1 "and the lines of said
Record of Survey (411 M 51) the following course:
(1) South 01 °59'39" East, 220.71 feet to the original incorporation line of the City of
Saratoga dated October 22, 1956;
Thence leaving the lines of said annexation "Bohlman 76 -1" and continuing along said
original incorporation line 'of the City of Saratoga and said lines of 411 M 51, the
following sixteen (16) courses:.
(2) South 85 °48'31" West, 312.21 feet; .
(3) South 66 °43'45" West, 101.22 feet;
(4) South 28 °08'36" East, 121.22 feet;
(5) South 42°37'00" East, 114.20 feet;
(6) South 42 °41'30" West, 46.75 feet;
(7) South 28 °42'29" West, 67.49 feet;
(8) South 17 034'28" West, 119.54 feet;
(9) South 23 °38'04" West, 164.74 feet;
(10) South 07'46'13" West, 124.34 feet;
(11) South 21 °13'25" West, 115.12 feet;
Page I of 4
(12) South 34 °38'22" West, 169.69 feet;
(13) South 07 °24'54" East, 131.81 feet;
(14) South 41 °42'50" West, 39.39 feet;
(15) North 47 °42'12" West, 74.76 feet;
(16) North 70 °30'15" West, 93.55 feet;
(17) North 36 °30'27" West, 76.60 feet;
Thence leaving said original incorporation lines of the City of Saratoga and continuing,
along the lines of said 411 M 51, the following nineteen (19) courses:
(18) North 25 °27'48" East, 188.42 feet;
(19) North 01 °25'00" West, 229.79 feet,
(20) North 30 °22'41" East, 48.77 feet,
(21) North 10 012105" East, 145.11 feet;
(22) North 21 °24'05" East, 84.56 feet;
(23) North 38 °43'02" West, 98.91 feet;
(24) North 11 °39'44" West, 60.50 feet;
(25) North 73 °14'54" West, 58.12 feet;
(26) North 88 °10'13" West, 28.29 feet;
(27) South 77 °45'03" West, 81.44 feet;
(28) North 89 °09'00" West, 86.16 feet,
(29) South 77 150'16" West, 44.20 feet;
(30) South 53 155'22" West, 33.23 feet;
(3 1) South 55 °11'07" West, 80.97 feet;
(32) North 61151'47" West; 49.92 feet;
(33) South 38 °10'29" West, 451.35 feet;
(34) South 75 °12'53" West, 264.51 feet;
(35) South 43 139'33" West, 687.55 feet;
(36) North 00 °13'00" West, 1,501.36 feet to the southwest corner of Parcel "A" of said
Record of Survey 394 M 29;
Thence leaving the lines of said 411 M 51 and continuing along the lines of said 394 M
29, the following course:
(37) North 01 °01'57" East, 477.84 feet to a point on said original incorporation line of .
the City of Saratoga;
Thence along the original incorporation line of the City of Saratoga and the lines of said
394 M 29, the following twenty (20) courses:
(58) North 84 °56'57" East, 199.98 feet;
(39) North 75 001'57" East, 113.78 feet;
(40) North 00 °06'37" East, .18.53 feet to the beginning of a non- tangent curve, concave
to the south, having a radius of 195.00 feet, a radial line to the radius point bears South
02 °54'00" West;
Page 2 of 4
(41) Easterly and southeasterly along the are of said curve 74.57 feet, through a central
angle of 21 °54'38 ";
(42) South 65 111'22" East, 35.01 feet;
(43) Continuing South 65 °11'22" East, 77.84 feet to the beginning of a curve to the left
having aradius of 355.00 feet;
(44) Easterly along the arc of said curve 90.08 feet through a central angle of 1492'21"
to a point of compound curvature with a curve having a radius of 220.65 feet;
(45) Easterly along the arc of said curve 56.76 feet through a central angle of 14 °44'20 ";
(46) North 85 °31'57" East, 33.77 feet to the beginning of a curve to the left having a
radius of 355.00 feet,
(47) Easterly along the arc of said curve 121.04 feet through a central angle of
19 °32'08 ";
(48) South 55 °50'45" East, 22.51 feet;
(49) North 52 °51'01" East, 35.08 feet;
(50) Continuing North 52 °51'01" East, 122.90 feet;
(5 1) North 52 °18'13" East, 46.37 feet;
(52) North 55 °39'31" East, 232.41 feet,
(53) North 85 °17'50" East, 69.55 feet;
(54) South 81 °1640" East, 170.11 feet;
(55) Continuing South 81 °16'40" East, 71.59 feet;
(56) North 75 °38'50" East, 1.99.90 feet;
(57) North 85 °07'20" East, 116.55 feet to the westerly line of that certain parcel of land
described in the deed to English recorded October 28, 2003, in Document No.
17443740;
Thence leaving the lines of said 394 M 29 and continuing along the lines of said
English parcel and said original incorporation line, the following two (2) courses:
(58) North 17 002152" West, 10.44 feet;
(59) North 84 °09'14" East, 20.39 feet to the westerly line of that certain parcel of land
described in the deed to Zen• - Kamata LLC, recorded December 13, 2010,•in Document
No. 21002230;
Thence leaving the lines of said English parcel and continuing along the lines of said
Zen- Kamata parcel and said original incorporation line, the following five (5) courses:
(60) North 84 °09'14" East, 70.79 feet;
(61) South 85 °05'46" East, 170.28 feet;
(62) North 88 °24'14" East, 118.80 feet;
(63) North 28 °54'14" East, 72.60 feet;
(64) North 37 °39'14" East, 120.12 feet to the westerly City Limits Line of the City of
Saratoga as established by the anriexation to the City of Saratoga entitled "Hakone
Gardens ";
Thence leaving said original incorporation line and continuing along the lines of said
Page 3 of 4
Zen- Kamata parcel and along the lines of said "Hakone Gardens" annexation the
following one (1) course:
(65) South 00 °28'10" East, 1,033.99 feet to the northerly line of said `Bohlman 76 -1"
annexation;
Thence leaving the lines of said "Hakone Garden" annexation and continuing along the
northerly Line of said "Bohlman 76 -1" annexation, the following one (1) course:
(66) North 88 °00'03" West, 124.55 feet to the POINT OF BEGINNING.
Containing 75.3 acres, more or less.
END OF DESCRIPTION.
t
William F. SleptAof , ffUg KfO—W
Deputy County Surveyor, County of Santa Clara
Date:
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 4 of 4
f
" N
DJSCLAIMER:
BEARING
DISTANCE
3
FOR ASSESSMENT PURPOSES ONLY. THIS DESCRIPTION OF LAND
15 NOT A LEGAL PROPERTY DESCRIP77ON AS DEFINED
101.22'
ToLL.GATE g
S28'06'36 "E
IN THE
SUBDIVISION MAP ACT AND MAY NOT BE USED AS THE BASIS
3t
R0.
114.20'
FOR AN OFFER FOR SALE OF THE LAND DESCRIBED.
52r
LOCATION MAP -
N.T.S.
LINE TABLE
COURSE
COURSE
BEARING
DISTANCE
3
S66'43'45 "W
101.22'
4
S28'06'36 "E
121.22'
5
S42'37'00 "E
114.20'
6
S42'41'30 "W
46.75'
7
S28'42'29 "W-
67.49'
B
S1 73428 "W
119.54'
9
S23"38'04 "W
164.74'
10
S07'46'13 "W
124.34'
11
S21'13'25 "W
115.12'
12
S34'38'22 "W
169.69'
13
S07'24'54 'E
131.81'
14
S41'42'50 "W
39.39'
15
N47-42.12 "W
74.76'
16
' N70'30'15 "W
93.55'
17
N36'30'27 "W
76.60'
18
N2527'48 "E
188.42'
19
N01'25'00 "W
229.79'
20
N30'22'41 "E
48.77'
21
N10'12'05 "E
145.11'
22
N21'24'05 "E
84.56'
23
N38'43'02 "W
98.91'
24
N11'39'44 "W
60.50'
25
N73'1 4'54 "W
58.12'
26
N88'1O'13 "W
28.29'
27
S77'45'03 "W
81.44'
28
N89'09'00 "W
86.16'
29
S77-50'1 6"W
44.20'
30-
- 953`55'22 "W
33.23'
31
S55'11'07'W
80.97'
32
N61'51'47 "W
49.92'
LINE TABLE
COURSE
BEARING
DISTANCE
34
S75'12'53 "W
264,51'
38
N84'56'57 "E
199.98'
39
N75'01'57 "E
113.78'
40
NOO'06'37 "E
18.53'
42
S6511'22'E
35.01'
43
S65'11'22 "E
77.84'
46
NB5'31'57 "E
33.77'
48
S55'50'45 "E
22.51'
49
N5251'01 "E
35.08'
50
N52'51'01 "E
122.90'
51
N521 81 3 "E
46.37'
52
N55'39'31 "E,
232.41'
53
N85'17'50'E
69,55'
54
S81'16'40 "E
170.11'
55
S811 6'40 "E
71.59'
56
N75-38-WE
199.90'
57
N85'07'20 'E
116.55'
58
N17'02'52W
10.44'
59
N84'09'14 "E
20.39'
60
NB4'09'14'E
70.79'
61
S85'05'46 'E
170.28'
62
NBB'2414'E
118.80'
63
N28'54'1 4"E
72.60'
64
N37'39'1 4E
120,12'
66
188- cro3 "W
124.55'
CURVE
TABLE
O RSE
RADIUS
DELTA
LENGTH
41
74.5
44
90.0
'45
=355.0019-32'08*
56.76
47
121.04
WAY
EXISTING SARATOGA CITY
LUT LINE-AS ESTABLISHED BY GA1F
ORIGINAL INCORPORATION 10/22/56 RflAO
ROAD 61 ? LANDS
Z A7
j F.N- •KAMA7A
DOC NCO 21002230
CONGRESS ? APN: 503-48 -028
0 100 200
04
ENDLSH I� GRAPHIC SCALE
M q 4 DOC. NO. 17443740 ? c 1 IN = 400 FT
ki 394 APN: 503 - 48-029
o n LANCE OF ? o
On OP SARATOGA i
z DOC. NO, 21389902 j
® APN: 503 - 48-045 I ® EXISTING SARATOGA CITY
LIMIT LINE AS ESTABLISHED BY
LANDS Of: BY HAKONE GARDENS ANNEX
SANTA CLAFIA COUNTY J
DOC Na 3993992 LANCE OP P.O.B. S01'59'39 "E 220.71'
-4
APN: 5038 -044 CITY OP SARATOGA fr
DOO, NO. =9902 411 M 5J QS85 '48'31 "1N j - EXISTING SARATOGA CITY
APN: 517 -32 -001 - -'�� LIMIT LINE AS ESTABLISHED BY
3 3122 BY BOHLMAN 76-1 ANNEX
3 4 5 EXISTING SARATOGA CITY
e LIMIT LINE AS ESTABLISHED BY
«� 7 ORIGINAL INCORPORATION 10/22/56
8
.^ �,w� y�?�' LEGEND
® ®� 9 PROOPOSED ANNEXATION
1 - - -- EXISTING SARATOGA
ptypl [9N/7 CITY LIMIT LINE
(R) RADIAL BEARING
�y hh P.O.B. POINT OF BEGINNING
ANNEX. ANNEXATION
N.T.S. NOT TO SCALE
9OF CALiF��� t` APN ASSESSOR'S PARCEL NUMBER
ANNEX. AREA = 75.3 ACRES f COURSE NUMBER
OouN COUNTY of SANTA CLARA EXHIBIT "B" SCALE: 1" = 400'
OFFICE OF THE COUNTY SURVEYOR THE QUARRY DATE: 03/28/13
ANNEXATION TO THE CITY OF SARATOGA DRAWN: CW
a COUNTY COMMENT CENTER, EAST WING BEING A PORTION OF THE EAST 1/2 OF SECTION 11, CHECKED: BS
¢ 70 WEST HEODING STREET. 7th FLOOR,
r ° (��2ss- sian�(aNOej27btO -s4t2 Fax TOWNSHIP 8 SOUTH, RANGE 2 WEST, M.D.B.dcM JOB N0: 13 -04A
COUNTY OF SANTA CLARA, CALIFORNIA SHEET: 1 OF 1
LANDS of -
- 0
3 3122 BY BOHLMAN 76-1 ANNEX
3 4 5 EXISTING SARATOGA CITY
e LIMIT LINE AS ESTABLISHED BY
«� 7 ORIGINAL INCORPORATION 10/22/56
8
.^ �,w� y�?�' LEGEND
® ®� 9 PROOPOSED ANNEXATION
1 - - -- EXISTING SARATOGA
ptypl [9N/7 CITY LIMIT LINE
(R) RADIAL BEARING
�y hh P.O.B. POINT OF BEGINNING
ANNEX. ANNEXATION
N.T.S. NOT TO SCALE
9OF CALiF��� t` APN ASSESSOR'S PARCEL NUMBER
ANNEX. AREA = 75.3 ACRES f COURSE NUMBER
OouN COUNTY of SANTA CLARA EXHIBIT "B" SCALE: 1" = 400'
OFFICE OF THE COUNTY SURVEYOR THE QUARRY DATE: 03/28/13
ANNEXATION TO THE CITY OF SARATOGA DRAWN: CW
a COUNTY COMMENT CENTER, EAST WING BEING A PORTION OF THE EAST 1/2 OF SECTION 11, CHECKED: BS
¢ 70 WEST HEODING STREET. 7th FLOOR,
r ° (��2ss- sian�(aNOej27btO -s4t2 Fax TOWNSHIP 8 SOUTH, RANGE 2 WEST, M.D.B.dcM JOB N0: 13 -04A
COUNTY OF SANTA CLARA, CALIFORNIA SHEET: 1 OF 1