NVF:JVP:JMD
7/26/2022
1 T-21268.002/1940660_2
Council Agenda: 08-09-2022
Item No.: 10.4(c)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
RESOLUTION NO. ________
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
JOSE INITIATING REORGANIZATION PROCEEDINGS
FOR THE ANNEXATION AND DETACHMENT OF CERTAIN
TERRITORY DESIGNATED AS CAMBRIAN NO. 37,
DESCRIBED MORE PARTICULARLY HEREIN, AND
SETTING THE DATE, TIME AND PLACE FOR
CONSIDERATION OF SUCH REORGANIZATION
WHEREAS, the City of San José desires to initiate proceedings, pursuant to the Cortese- Knox-Hertzberg Local Government Reorganization Act of 2000, Division 3, commencing with Section 56000 of the California Government Code, as the same may be amended from time to time, of the annexation of territory designated as Cambrian No. 37 to the City of San José, and the detachment of certain territory from the County Lighting District, Central Fire Protection District, West Valley Sanitation District, and Santa Clara County Library District; and
WHEREAS, this proposal includes an annexation to the City of San José of certain unincorporated territory located within the County of Santa Clara and within the Urban Service Area of said City which is not subject to review by the Santa Clara County Local Agency Formation Commission as provided under Section 56757 of the California Government Code; and
WHEREAS, such territory is known by the short form designation of “Cambrian No. 37,” and a description of the boundaries of this territory is set forth in Exhibit “A,” entitled “Geographic Description,” attached hereto and incorporated herein by this reference, which description is subject to correction or revision as required; and
WHEREAS, a map showing the location of such territory is attached hereto as Exhibit “B” entitled “Proposed Annexation to City of San José Entitled Cambrian No. 37,” and incorporated herein by this reference; and
NVF:JVP:JMD
7/26/2022
2 T-21268.002/1940660_2
Council Agenda: 08-09-2022
Item No.: 10.4(c)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
WHEREAS, the subject real property, comprising approximately 19.92-gross acres located on the southeast corner of Union Avenue and Camden Avenue (APNs 419-08- 012 and 419-08-013), is contiguous to the City of San José and is within the City’s Urban Service Area; and
WHEREAS, the subject property currently is receiving or will receive the following benefits from the City, to wit: all municipal services, not limited to street maintenance, street light, law enforcement, sanitary sewer, code enforcement, street sweeping, garbage collection, and fire protection; and
WHEREAS, on ________, 20__, the City Council adopted Ordinance No. _____ approving the pre-zoning of the territory to the CP(PD) Planned Development Zoning District (under File No. PDC17-040) and will be so zoned upon its annexation to the City of San José in accordance with Section 20.120.300 of the Zoning Ordinance (Title 20 of the San José Municipal Code); and
WHEREAS, the City of San José is the Lead Agency for environmental review for the reorganization known as “Cambrian No. 37” under the California Environmental Quality Act of 1970, as amended (“CEQA”); and
WHEREAS, the environmental impacts of this project were addressed by a Final Environmental Impact Report for the Cambrian Park Mixed-Use Village Project (Planning File Nos. PDC17-040, PD20-007, and ER20-189) which was certified and for which findings were adopted by the City Council on ____, 2022; and
WHEREAS, the County Surveyor of Santa Clara County has found the real property description of the subject property and the map of the subject property (Exhibits “A” and “B,” respectively) to be in accordance with California Government Code Section 56757, NVF:JVP:JMD
7/26/2022
3 T-21268.002/1940660_2
Council Agenda: 08-09-2022
Item No.: 10.4(c)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
the boundaries to be definite and certain, and the proposal to be in compliance with the Santa Clara County’s Local Agency Formation Commission’s annexation policies; and
WHEREAS, as provided in Government Code Section 56757, the City Council of the City of San José shall be the conducting authority for a reorganization initiated by resolution of the City Council, and the City Council by this resolution is proposing the reorganization described in this Resolution; and
WHEREAS, all owners of land included in this proposal have consented to this annexation; and
WHEREAS, the territory is uninhabited, an affected local agency has not submitted a written demand for notice and hearing during the 10-day period as described in Government Code section 56662 subdivision (c), and the petition accompanying the proposal is signed by all of the owners of land within the affected territory; and
WHEREAS, Government Code Section 56662 provides that if a proposal for an annexation is accompanied by proof that all owners of land within the affected territory have given their written consent the City Council may approve or disapprove the annexation without public hearing; and
WHEREAS, this proposal is consistent with the sphere of influence of the City of San José; and
WHEREAS, the reason for the proposed reorganization is as follows: to annex the subject territory and detach the same from special districts to eliminate a duplication of services;
NVF:JVP:JMD
7/26/2022
4 T-21268.002/1940660_2
Council Agenda: 08-09-2022
Item No.: 10.4(c)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE:
That the City Council of the City of San José hereby initiates proceedings for the proposed reorganization of the designated territory described herein and sets September 13, 2022 at 6:00 p.m., City Council meeting, as the date, time and place for consideration of such reorganization. This Council is hereby designated as the conducting authority of said proceedings.
ADOPTED this ___ day of ___________, 2022, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
SAM LICCARDO
Mayor
ATTEST:
TONI J. TABER, CMC
City Clerk
EXHIBIT "A"
(File No. Cambrian No. 37)
EXHIBIT "A"
(File No. Cambrian No. 37)
EXHIBIT "A"
(File No. Cambrian No. 37)
EXHIBIT "B"
(File No. Cambrian No. 37)
EXHIBIT "B"
(File No. Cambrian No. 37)
EXHIBIT "B"
(File No. Cambrian No. 37)