To: HONORABLE MAYOR AND From: Stephen M. Haase[LI1]
CITY COUNCIL
Subject: McKee No. 120 Annexation Date: October 29, 2003
COUNCIL DISTRICT: 5
RECOMMENDATION
It is recommended that the City Council adopt a resolution ordering the reorganization of territory designated as McKee No. 120 which involves the annexation to the City of San José of 5.37 gross acres consisting of three parcels of 4.80 acres and a portion of Hyland Avenue totaling approximately 0.57 acres, between Marian Lane and Maro Drive, adjacent to annexation area McKee No. 91, and the detachment of the same from the Santa Clara County Central Fire Protection District, Santa Clara County Lighting Service District, Santa Clara (Library Services) County Service Area No. 01, and the Library Benefit Assessment County Service Area No. 01.
BACKGROUND
On June 24, 2003, the City Council adopted Ordinance No. 26924 which prezoned the subject property from Unincorporated County to A (PD) Planned Development.
The proposed annexation consists of three parcels of land identified as Assessor’s Parcel Numbers 601-09-011, -013, -023, and includes a portion of Hyland Avenue consisting of approximately 0.57 acres, and the detachment from the Santa Clara County Central Fire Protection District, Santa Clara County Lighting Service District, Santa Clara (Library Services) County Service Area No. 01, and the Library Benefit Assessment County Service Area No. 01.
ANALYSIS
The reorganization is defined as 100 percent consent, because the property owners of the parcels signed the annexation petition. The proposed annexation consists of three parcels developed with religious assembly and school uses, and a portion of Hyland Avenue contiguous with the subject parcels. The Registrar of Voters has certified that there are two registered voters within the proposed annexation area.
The proposed annexation would facilitate the development and expansion of religious assembly and school uses on land that is within the City’s Urban Service Area. These parcels are located at Hyland Avenue between Marian Lane and Maro Drive, and adjacent to the City of San José annexation McKee No. 91. The proposed reorganization and annexation of the subject area conforms to the City’s General Plan and Santa Clara County LAFCO policies in that existing and future development should take place within cities.
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.
5. The proposal is consistent with the City’s adopted General Plan. The proposed annexation is consistent with the City’s adopted policies 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 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
Notices of the public hearings for the prezoning were published and mailed to all property owners and tenants within 500 feet of the subject site.
CEQA
A Mitigated Negative Declaration was adopted on May
12, 2003 in conjunction with a prezoning project under File No. PDC01-082.
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: Roman Catholic Bishop of San José and Roman Catholic
Welfare Corporation
Attn: Michael J. Mitchell, 900 Lafayette Street, Santa Clara, CA 95050