COUNCIL
DISTRICT: 6
It is recommended that the City Council adopt a resolution ordering the reorganization of territory designated as Bascom No. 37 which involves the annexation to the City of San Jose of 1.70 gross acres of land located at the southwest corner of Forest Avenue and Ciro Avenue and the detachment of the same from the West Valley Sanitation, County Lighting Service, Central Fire Protection, Santa Clara Valley County Water and Area No. 01 (Library Services) County Service.
On December 3, 2002, the City Council adopted the prezoning from County to CO Commercial Zoning District.
The proposed annexation consists of a parcel of land identified as Assessor’s Parcel Numbers 274-59-022, -023, -023, -025 and includes a portion of Ciro Avenue, and the detachment from West Valley Sanitation, County Lighting Service, Central Fire Protection, Santa Clara Valley County Water and Area No. 01 (Library Services) County Service.
The
reorganization is defined as 100 percent consent, since the property owners of
all four parcels are in agreement and have signed the annexation petition. There are fewer than 12 registered voters.
The
proposed annexation would reduce the size of an existing County pocket and the
land is within the City’s Urban Service Area (USA). This parcel is surrounded by City territory on the north, west
and east and County territory on the south.
The proposed reorganization and annexation of the subject site conforms
to the City’s General Plan and Santa Clara County LAFCO policies specifying
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 grant the City conducting authority and allow 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 Central San Jose 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. 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 specifying 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 all 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.
A notice of the public hearing was distributed to the owners and tenants of all properties located within 500 feet of the project site.
This project was coordinated with the Department of Public Works, Fire Department, Police Department, Environmental Services Department, Finance Department and the City Attorney.
EIR Resolution 65459
STEPHEN M. HAASE, DIRECTOR
Planning, Building and Code Enforcement
Attachments: Legal Description and Annexation Map
c: Barry Swenson Builders. Attn: Libby Glass. 777 N. First Street, 5th Floor. San Jose, CA 95112