Subject: SUNOL NO. 64
COUNCIL DISTRICT: 6
It is recommended that the City Council adopt a resolution ordering the reorganization of territory designated as Sunol 64 which involves the annexation to the City of San Jose of approximately 0.3gross acres of land located on the west side of Page Street approximately 260 feet north of Chiechi Avenue and generally bounded by the City of San Jose Annexation #237 – Sunol No. 6-A and the unincorporated site subject to failed annexation – Buena Vista No. 1 and the detachment of the same from the appropriate special districts including: Sunol Sanitary, Co. County Lighting Service, Central Fire Protection and the County Library Service Area .
The prezoning of the subject property from County to A(PD) Planned Development Zoning District is scheduled to be heard by the City Council on June 11, 2002 .
The proposed annexation consists of a parcel of land identified as Assessor’s Parcel Number 277-19-032, and the detachment from appropriate special districts including: Sunol Sanitary, Co. County Lighting Service, Central Fire Protection and the County Library Service Area.
A community meeting was held on October 15, 2001 at Luther Burbank School. One community member attended the meeting. Notices of the community meeting, Mitigated Negative Declaration and public hearings for the prezoning were mailed to all property owners and tenants within 500 feet of the subject site. Notice of the public hearings was also published in the newspaper.
The project is exempt from further environmental review pursuant to the California Environmental Quality Act under Section 15319 (a) which exempts annexations to a City of Special District of areas containing existing public or private structures developed to the density allowed by the current zoning or prezoning. Council approved a prezoning on the subject site for four single-family attached units on June 11, 2002. The subject annexation conforms to the density permitted on the property.
The reorganization is defined as 100 percent consent, since the property owner of the parcel signed the annexation petition. The site consists of one parcel with two existing residential units and approximately eight residents. The Registrar of Voters has certified that there are no registered voters living on site.
The proposed annexation would facilitate the development of four condominium units on land that is within the City’s Urban Services Area (USA). The property was part of the larger City-initiated Buena Vista annexation which failed to gain voter approval earlier this year.
This parcel is surrounded by City territory on the west and County territory on the north, 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 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 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 one side 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.
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, AICP, DIRECTOR
Planning, Building and Code Enforcement
Attachments: Legal Description and Annexation Map