To: HONORABLE MAYOR AND From: Stephen M. Haase[LI1]
CITY COUNCIL
Subject: WINCHESTER NO. 39 Date: October 29, 2003
RECOMMENDATION
It is recommended that the City Council adopt a resolution ordering the reorganization of territory designated as Winchester No. 39 which involves the annexation to the City of San José of 0.238 acres of land, located on the west side of Henry Avenue approximately 380 feet southerly of Stevens Creek Boulevard and generally bounded by the City of San José Annexation Winchester No. 6 and the detachment of the same from the appropriate special districts including: Central Fire Protection, West Valley Sanitation District, Santa Clara County Lighting Service Area and the County Service Area No. 1 (County Library Services Area).
BACKGROUND
On April 1, 2003, the City Council adopted Ordinance No. 26857 which prezoned the subject property from County to R-1-8 Residence Zoning District.
The proposed annexation consists of a parcel of land identified as Assessor’s Parcel Number 303-36-031.
ANALYSIS
The reorganization is defined as 100 percent consent, since the property owner of the parcel signed 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 the subject property within the City’s Urban Services Area (USA). The subject parcel is surrounded by City territory on the north and west and County territory to the south and east. 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.
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
Notices of the public hearing for the prezoning were mailed to all property owners and tenants of all properties located within 500 feet of the project site. Notice of the public hearing was also published in the newspaper.
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: W.E.
Behel, Inc., 3350 Stevens Creek Boulevard, San Jose, CA 95117