To: HONORABLE MAYOR AND From: Stephen M. Haase[LI1]
CITY COUNCIL
Subject: McKEE NO. 122 ANNEXATION Date: October 15, 2003
COUNCIL
DISTRICT: 4
RECOMMENDATION
It is recommended that the City Council adopt a resolution ordering the reorganization of territory designated as McKee No. 122 which involves the annexation to the City of San Jose of 3.33 gross acres of land located on the southwest corner of Capitol Avenue and Baton Rouge Drive, and generally bounded by the City of San Jose annexations McKee No. 97 and McKee No. 78-A, and the detachment of the same from the Central Fire Protection District, Santa Clara Library Services Area No. 01.
BACKGROUND
On September 30, 2003 City Council adopted Zoning Ordinance No. 26984 which prezoned the subject property from County to A(PD) Planned Development Zoning District of 3.33 gross acres to allow single-family attached residential development.
The proposed annexation consists of a parcel of land identified as Assessor’s Parcel Numbers 254-06-045, and includes a residual parcel of land identified as Assessor’s Parcel Number 254-06-046, 0.16 acres, located adjacent to the initiating parcel and includes a portion of Baton Rouge Drive right-of-way between Cedarville Lane and Capitol Avenue.
ANALYSIS
The reorganization is defined as “100 percent consent,” since all of the property owners have consented to the annexation petition. The Registrar of Voters has certified that there are no registered voters living on site.
The proposed annexation would facilitate the development of 92 single-family attached residential units on land that is within the City’s Urban Services Area (USA). This parcel is substantially surrounded by City territory to the south, east and west and County territory to the north. Annexation of the subject parcels would result in the reduction of a pocket of unincorporated territory. The proposed reorganization and annexation of the subject site conforms to the City’s General Plan and Santa Clara County LAFCO policies in that existing and future urban development should take place within cities.
Proceedings are being conducted under provisions of the California Government Code Section 56826, which grants the City conducting authority and allows the completion of reorganization in Santa Clara County without Local Agency Formation Commission (LAFCO) approval.
Before approving the reorganization proposal, the City Council is required to make certain findings as listed below. Staff comments follow each finding.
1. The unincorporated territory is within the City’s Urban Service Area as adopted by LAFCO. The site is located within the City’s Urban Service Area.
2. The County Surveyor has determined the boundaries of the proposal to be definite and certain and in compliance with LAFCO Annexation Policies. The County Surveyor has certified the boundaries of the reorganization.
3. The proposal does not split lines of assessment or ownership. All affected parcels are being reorganized in their entirety.
4. The proposal does not create islands or areas in which it would be difficult to provide municipal services. No such islands are being created. The completion of reorganization proceedings would result in the reduction of a pocket of unincorporated territory.
5. The proposal is consistent with the City’s adopted General Plan. The proposed annexation is consistent with the City’s adopted policy within the General Plan, as well as LAFCO and the County of Santa Clara policy in that existing and future urban development be located within cities.
6. The territory is contiguous to existing City limits. The area proposed to be reorganized is contiguous to the City limits along two sides as shown on the attached map.
7. The City has complied with all conditions imposed by LAFCO for inclusion of the territory in the City’s Urban Service Area. No such conditions have been imposed.
PUBLIC OUTREACH
No public notice or public hearing is legally required as this is a 100% consent annexation.
CEQA
Mitigated Negative Declaration adopted on August 25, 2003 in conjunction with prezoning File No. PDC03-034.
COORDINATION
As standard procedure in the development review process, this project was coordinated with the Department of Public Works, Fire Department, Police Department, Environmental Services Department, Finance Department and the City Attorney.
STEPHEN M. HAASE, DIRECTOR
Planning, Building and Code Enforcement
Attachments: Legal Description and Annexation Map
c: Sue
Dillon, MacKay & Somps, 1955 The Alameda, San Jose, CA 95126
Chris Davenport, Trumark Companies, 4185
Blackhawk Plaza Circle, Ste. 200, Danville, CA 94506