HomeMy WebLinkAboutCity Council Resolution 05-053RESOLUTION NO. OS-053
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA APPROVING AN ANNEXATION TO THE CITY OF
SARATOGA OF CERTAIN UNINCORPORATED TERRITORY
COMMONLY KNOWN AS:
22461 Mount Eden Road, Lands of Shankar, APN 503-80-O1
WHEREAS, the City Council has received an application for the annexation of a pazcel of
land, :LPN 503-80-01 on Mount Eden Road contiguous to the City of Saratoga and described in
Exhibit "A" 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, 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 proposed properties to be annexed on Mount Eden Drive are in the City of
Saratoga's Urban Service Area and Sphere of Influence and are Prezoned Hillside Residential; and
V•'HEREAS, all property owners of the annexed properties have agreed to the annexation by
means of a preaimexation agreement approved by the City Council attached hereto; and
WHEREAS, the City has consulted with the Santa Clara County Registrar of Voters and
determined that said territory has two registered voters and is therefore considered uninhabited for the
purposes of annexation proceedings; and
WHEREAS, the City Council initiated annexation proceedings on March 3, 2004.
NOyV, TllEREFORE, BE IT RESOLVED that the City Council of the City of Sazatoga hereby
makes the following findings based on the information presented in the staff report attached to this
resolution as Attachment B:
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 azea 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 area proposed to be annexed aze 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 Saratoga 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
nnmicipal services.
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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.
G. That the territory is contiguous to the existing City limits.
H. That the city has complied with all conditions imposed by the LAFCO for inclusion of the
territory in the urban service area of the City.
I. That there are no agencies that would lose or gain territory as a result of the annexation.
J. That all property owners within the annexation area have been informed of these proceedings
and no opposition has been received.
BE 1'1' 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
approval tax exchange agreement.
BE IT FURTIIER RESOLVED that the City Council of the City of Saratoga hereby amends the City
boundary to include a parcel of land, APN 503-80-001 on Mount Eden Road into the City of Saratoga
effective upon the completion of these proceedings.
Attachments
A -Description of Property to be Annexed.
B -Annexation Staff Report for Meeting Dated March 3, 2004
C-City Counsel Resolution No. 04-022
The above Resolution was passed and adopted at a regular meeting of the City Council of the City of
Saratoga held on the 7°i day of September 2005 by the following vote:
AYES: Councilmember Nick Streit, Ann Waltonsmith,
Vice Mayor Norman Kline, Mayor Kathleen King
NOES: None
ABSENT: Councilmembers Aileen Kao
ABST:IIN: None ~~~~~
Kathleen M. King, Mayor
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