To: HONORABLE MAYOR AND From: Stephen M. Haase[LI1]
CITY COUNCIL
Subject: FRANKLIN NO. 50 ANNEXATION Date: May 19, 2003
COUNCIL
DISTRICT: 7
RECOMMENDATION
It is recommended that the City Council adopt a resolution ordering the reorganization of territory designated as Franklin No. 50 which involves the annexation to the City of San Jose of 16.25 gross acres of land located on the southern side of Tully Road approximately 500 feet easterly of 10th Street, generally bounded by the City of San Jose Annexations Monterey Park No. 5, Franklin 31, Franklin 4 and Franklin 17, and the detachment of the same from the Central Fire Protection, County Library Service Area and County Sanitation 2-3. The 16.25 acre parcel consists of a portion of one existing parcel.
BACKGROUND
On January 14, 2003 City Council adopted Zoning Ordinance 26801 which prezoned approximately 11.6 acres of the subject property from County to A(PD) Planned Development and on February 18, 2003, City Council adopted Zoning Ordinance 26825 which prezoned the remaining 4.65 acres from County to CN Commercial neighborhood.
On March 4, 2003, Council approved Franklin No. 50 annexation, identified by Assessor’s Parcel Number 497-38-001, and detachment from special districts Central Fire Protection and the County Library Service Area. Subsequent to March 4, 2003, LAFCO staff informed City staff that detachment from County Sanitation 2-3 special district was also required.
ANALYSIS
The reorganization is defined as 100 percent consent, since the property owner of the parcel signed the annexation petition. The site consists of a 16.25 acre portion of a larger undeveloped parcel. The Registrar of Voters has certified that there are no registered voters living on site.
The proposed annexation would facilitate the development of 561 multi-family attached residential units on land that is within the City’s Urban Services Area (USA). This parcel is surrounded by City territory on the north and east and County territory on the south and west. 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
A community meeting was held on May 23, 2002 at Franklin McKinley School. Notices of the community meeting, Environmental Impact Report and public hearings for both prezonings were mailed to all property owners and tenants within 1,000 feet of the subject site. Notice of the public hearings 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