HomeMy WebLinkAboutCity Council Resolution 06-078RESOLUTION NO. 06-078
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SARATOGA APPROVING ANNEXATION TO THE
CITY OF SARATOGA OF A PROPERTY LOCATED AT
22490 MT. EDEN RD.
South Thunder LLC / 22490 ML Eden Road - (APN 503-09-003)
WHEREAS, the City Counci] is considering the annexation of an approximately 35-acre
property, hereinafter referred to as `the territory', APN 503-09-003, contiguous to the City of
Saratoga and described in Exhibits "A" (legal description) and "B" (plat map) hereto in order to
provide for use of City services and to apply the terms of the City General Plan and City Code to
development proposals initiated after completion of the annexation; and
WHEREAS, the territory is restricted by a Williamson Act Contract, and upon
annexation of said territory the City of Saratoga shall succeed to the contract pursuant to
California Government Code Section 51243; and
WHEREAS, pursuant to California Government Code Section 56889 in succeeding to
the Williamson Act, the City Council of the City of Saratoga requires that the City shall adopt
the rules and procedures required by the Williamson Act, including but not limited to the rules
and procedures required by Sections 51231, 51237, and 51237.5; and
WHEREAS, the City of Saratoga City Council has determined the project to be exempt
from the California Environmental Quality Act ("CEQA") pursuant to Section 15319 of the
CEQA Guidelines; 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 at 22490 Mt. Eden Rd. is in the City of
Saratoga's Urban Service Area and Sphere of Influence and is pre-zoned as Residential Open
Space [R-OS]; and
WHEREAS, the proposed annexation is consistent with the West Valley Hillsides
Preservation Strategies, Strategy #2, Action 1 and 2; and
WHEREAS, there is one hundred percent (100%) owner consent for the annexation
proceedings, no notice, public hearing or election will be required for annexation approval by the
City; and
WHEREAS, the City has consulted with the Santa Clara County Registrar of Voters and
has determined that said territory is considered uninhabited for the purposes of annexation
proceedings.
WHEREAS, the City Council initiated annexation proceedings on April 19, 2006; and
WHEREAS, the property owner South Thunder, LLC in conjunction with its petition for
annexation, is offering to dedicate to the City an equestrian trail easement on said temtory and
on the neighboring property located in Santa Clara County APN 503-80-004.
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 section 15319 of the CEQA Guidelines.
B. That the unincorporated territory to be annexed is within 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 preliminary determination that the
boundaries of the azea proposed to be annexed are definite and certain, and in compliance
with LAFCO's road annexation policies and that this resolution shall become effective
only upon receipt by the City Clerk of the City of Sazatoga of a final determination by the
County Surveyor that the boundaries of the proposal 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 Claza County Assessor's Office.
E. That the proposal does not create islands or azeas in which it would be difficult to provide
municipal services.
F. That the proposal is consistent with the adopted general plan of the City and that the
property has been pre-zoned with the designation Residential Open Space [R-OS].
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
temtory 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.
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 that upon completion of these proceedings the territory will
be annexed to the City of Saratoga which the City will receive taxes upon in accordance with the
previously approved tax exchange agreement.
BE IT FURTHER RESOLVED that the City Council of the City of Saratoga hereby amends
the City boundary to include a territory consisting of an approximately 35-acre property,
hereinafter referred to as `the territory', APN 503-09-003 into the City of Saratoga effective
upon the completion of these proceedings, and effective upon recordation of an offer of
dedication of trail easements in form and content to be approved by the City Council of the City
of Saratoga.
PASSED AND ADOPTED by the Sazatoga City Council, State of California, the 18`h day of
October, 2006 by the following roll call vote:
AYES: Councilmembers Kathleen King, Nick Streit, Ann Waltonsmith,
Vice Mayor Aileen Kao, Mayor Norman Kline
NOES: None
ABSENT: None
ABSTAIN: None