HomeMy WebLinkAboutCity Council Resolution 06-009RESOLUTION NO. 06-009
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:
Baiuter Avenue 2005-02 (Lands of Spitts), portion of APN 510-06-006
WHEREAS, the City Council has received an application for the annexation of a portion of a
parcel of land, APN 510-06-006 on Bainter Avenue contiguous to the City of Saratoga described in
Exhibits "A" (legal description) and "B" (plat map) hereto, and detachment of said territory from the
Guadalupe Resource Conservation District 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 property to be annexed on Bainter Avenue is in the City of
Saratoga's Urban Service Area and Sphere of Influence and are Prezoned Hillside Residential; 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
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 October 19, 2005.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga hereby
makes the following findings based on the information presented in the staff report attached to this
resolution as Exhibit 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 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 area 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 Saratoga of a final determination by the County
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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 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.
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 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 pazcel 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 Sazatoga hereby amends the City
boundazy to include a parcel of land consisting of a .034 acre portion of APN 510-06-006 on Bainter
Avenue into the City of Saratoga effective upon the completion of these proceedings.
BE IT FURTHER RESOLVED that upon completion of these proceedings the territory annexed will
be detached from the Guadalupe Resource Conservation District.
PASSED AND ADOPTED by the Saratoga City Council, State of California, the 15`h day of
February, 2006 and 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
Mayor
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ABSTAIN: None