HomeMy WebLinkAboutCity Council Resolution 06-090RESOLUTION NO. 06-090
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SARATOGA APPROVING ANNEXATION TO THE
CITY OF SARATOGA OF A PROPERTY LOCATED AT
19930 SUNSET DRIVE - APN 510-26-001 AND
ANNEXATION OF THE SUNSET DRIVE RIGHT OF WAY
Applicant: William Maston Architects
on behalf of property owner Oak Creek Partners, LLC (Byrd)
WHEREAS, the City Council is considering the annexation of approximately 2.49 acres
of land, hereinafter referred to as `the territory', consisting of parcel with APN 510-26-001
located at 19930 Sunset Drive and annexation of the Sunset Drive right of way, both contiguous
to the City of Saratoga and described in Exhibits "A" (legal description) and "B" (plat map)
incorporated herein 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 City of Saratoga City Council granted Design Review Approval with
conditions on September 6, 2006 for proposed development at 19930 Sunset Drive as adopted in
Resolution No. 06-069. Said design review approval with conditions will be effective upon
completion of annexation of the territory to the City of Saratoga; and
WHEREAS, the City Council initiated annexation proceedings on June 7, 2006; 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 is in the City of Saratoga's Urban Service Area and Sphere of
Influence and ispre-zoned as Hillside Residential [HR]; and
WHEREAS, the proposed annexation is consistent with the following General Plan
policies; and:
LU.1.0
Lands shall not be annexed to Saratoga unless they are contiguous to the existing City
Limits and it is determined by the City that public services can be provided without
unrecoverable cost to the City and dilution of services to existing residents.
LU.1.1 (Imp)
Annexation proposals shall be carefully studied to determine their economic and
urban service impacts to the City.
The property is already served by utilities. The City is reguired by County of Santa
Clara policies to annex Sunset Drive. Fiscal impacts to the City associated with road
maintenance and other urban services are minimal.
WHEREAS, there is one hundred percent (100%) owner consent for the annexation
proceedings, for which 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 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 determination that the boundaries of
the area proposed to be annexed 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 Clara County Assessor's Office.
E. That the proposal does not create islands or areas 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 Hillside Residential [HRJ.
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
territory in the urban service area of the City.
I. That all property owners within the territory have been informed of these proceedings
and no opposition has been received.
NOW, THEREFORE, BE IT RESOLVED that annexation of the territory is hereby ordered
without any further protest proceedings and that upon completion of applicable procedures the
territory described in Exhibits "A" and "B" will be annexed to the City of Saratoga.
PASSED AND ADOPTED by the Saratoga City Council, State of California, the 15"' day of
November 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