Subject: EVERGREEN NO. 185
COUNCIL
DISTRICT: 8
RECOMMENDATION
It is recommended that the City Council adopt a resolution ordering the reorganization of territory designated as Evergreen No. 185 which involves the annexation to the City of San Jose of 2.51 gross acres of land located on the east side of Ruby Avenue approximately 52 feet northerly of Murillo Avenue, and the detachment of the same from the Central Fire Protection District and the Santa Clara County Library Services Area.
BACKGROUND
On October 17, 2001, the Planning Commission approved a prezoning from County to A(PD) Planned Development Zoning District of 2.51 gross acres to allow a 22,570 square foot church (file #PDC00-04-024). The Planned Development Prezoning is also under concurrent consideration by the City Council. The proposed annexation consists of a parcel of land identified as Assessor's Parcel Number 652-11-010, and includes detachment from special districts as noted above.
A notice of
the public hearing for the prezoning was distributed to the owners and tenants
of all properties located within 500 feet of the project site. Public noticing for the subject annexation
was not performed since the annexation is 100 percent consent and does not
require public noticing.
ANALYSIS
The reorganization is defined as “100 percent consent”, since all of the property owners of the parcel signed the annexation petition. There are fewer than 12 registered voters.
The proposed annexation would facilitate the development of a church on land that is within the City’s Urban Services Area (USA). This parcel is surrounded by City territory on the south and west and County territory on the north and east.
The Planned Development Prezoning (File No. PDC00-04-024) is under concurrent consideration to prezone the project site in accordance with LAFCO policy. The prezoning should be adopted concurrently or in advance of the proposed annexation. 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 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 Cambrian Planning Area, well 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 or areas 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 developed by 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.
CEQA
Environmental Clearance for the proposed annexation is provided under a Negative Declaration adopted for the prezoning of the project site.
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.
JOSPEPH HORWEDEL, ACTING DIRECTOR
Planning, Building and Code Enforcement