HomeMy WebLinkAboutCity Council Resolution 06-072RESOLUTION NO. 06-072
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SARATOGA ANNEXING THE 104 ACRE PROSPECT
ROAD AREA AND THE 20 ACRE HIDDEN HILL ROAD
AREA
WHEREAS, on June 7, 2006 following a noticed public hearing at which all interested
persons had an opportunity to be heard, the Saratoga City Council approved Resolution No. 06-
051 initiating proceedings for annexation of the 104 acre Prospect Road Area and the 20 acre
Hidden Hill Road Area (collectively, the "Territor}~'), the locations of which are contiguous to
the City of Saratoga and shown on Exhibit A to this resolution; and
WHEREAS, on pursuant to Resolution No. 06-051 the City Council held a subsequent
noticed public hearing on September 20, 2006 to consider approval of the proposed annexation at
which all interested persons had an opportunity to be heard; 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 land use designation of Residential Hillside
Conservation and is prezoned as Hillside Residential; and
WHEREAS, the annexation is categorically exempt from review under the California
Environmental Quality Act (CEQA) pursuant to Section 15319 of the CEQA Guidelines
exempting annexations that include only existing 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. This annexation would not allow any additional parcels to be created that
could not be created under the County General Plan and zoning. The annexation does not affect
utility services and therefore would not expand utility services to the lands to be annexed.
NOW, THEREFORE, BE IT RESOLVED that based on the information presented in the Staff
Report attached to this resolution and in the public hearing held on September 20, 2006 the City
Council of the City of Saratoga hereby:
Finds and determines:
a. That the unincorporated territory is within the urban service area of the City of
Saratoga as adopted by the Santa Clara County Local Agency Formation
Commission.
b. That the County Surveyor has determined that the boundaries of the proposed
annexation are definite and certain, and in compliance with the road annexation
policies of the Local Agency Formation Commission of Santa Clara County
(LAFCO).
c. That the proposed annexation does not split lines of assessment or ownership.
d. That the proposed annexation does not create islands or areas in which it would be
difficult to provide municipal services.
e. That the proposal is consistent with the adopted general plan of the City of
Saratoga.
f That the Temtory is contiguous to existing municipal boundaries of the City of
Saratoga.
g. That the City of Sazatoga has complied with all conditions imposed by LAFCO
for inclusion of the Territory in the urban service area of the City.
h. The Temtory does not exceed 150 acres in area, and each of the islands included
in the Temtory constitutes the entire island.
i. The Territory constitutes two entire unincorporated islands that located within the
limits of the city by virtue of being substantially surrounded by the city.
j. The Territory is not a gated community where services are currently provided by
a community services district.
k. The Territory is substantially developed as demonstrated by the availability of
public utility services, the presence of public improvements, the presence of
physical improvements upon the pazcels within the area.
1. The Temtory is not prime agricultural land.
m. The Territory will benefit from the annexation.
2. Adopts the Service Plan presented in the staff report attached to this Resolution.
3. Approves annexation of the Territory into the City of Sazatoga as being in the public
interest.
4. Orders the change in organization.
The above Resolution was passed and adopted at a regular meeting of the City Council of the
City of Sazatoga held on the 20`h day of September 2006 by the following vote:
AYES: Councilmembers Kathleen King, Nick Streit, Ann Waltonsmith,
Vice Mayor Aileen Kao, Mayor Norman Kline
NOES: None
ABSENT: None
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