TO: HONORABLE MAYOR FROM: Christopher Burton
AND CITY COUNCIL
SUBJECT: SEE BELOW DATE: August 22, 2023
Approved Date
8/11/23
COUNCIL DISTRICT: 6
SUBJECT: MOORPARK NO. 24. ORDERING THE ANNEXATION OF SANTA CLARA COUNTY TERRITORY LOCATED AT 2323-2391 MOORPARK
AVENUE
RECOMMENDATION
Adopt a resolution ordering the annexation of territory designated as Moorpark No. 24, which involves the annexation to the City of San José of approximately 2.01-gross-acres of land generally located on the north side of Moorpark Avenue approximately 130 feet west of Central Way (2323-2391 Moorpark Avenue) (APN: 282-01-014, 015, 016, 022, 023, 024 & 025), and the detachment of the same from the appropriate special districts.
SUMMARY AND OUTCOME
On January 23, 2020, the applicant, Kelley Rutchena, filed concurrent applications for the annexation and prezoning of the approximately 2.01-gross-acre site at 2323-2391 Moorpark Avenue Avenue, consisting of unincorporated land in Santa Clara County, to the MUN Mixed Use Neighborhood Zoning District. In conformance with Santa Clara County Local Area Formation Commission (LAFCO) road annexation policies, the area to be annexed includes portions of Moorpark Avenue and totals approximately 2.01 gross acres (as depicted in Exhibit “A”, Legal Description and Exhibit “B” Plat Map).
The site is within San José’s Urban Growth Boundary and Urban Service area and the annexation is consistent with Envision San José 2040 General Plan vision, goals, and policies, and the Zoning Code. The annexation includes detachment from the West Valley Sanitation District, Central Fire Protection District, Santa Clara County Lighting Service Area, and Santa Clara County Library Services. Upon completion of the annexation proceedings, the territory designated as Moorpark No. 24 will be annexed into the City of San José and eligible to receive COUNCIL AGENDA: 8/22/23
FILE: 23-1096
ITEM: 10.1a
HONORABLE MAYOR AND CITY COUNCIL
March 16, 2023
Subject: Moorpark No. 24. Ordering the Annexation of Santa Clara County Territory Located at 2323-2391 Moorpark Avenue
City services. Until such time, the subject property will remain under the control and jurisdiction of the County of Santa Clara.
BACKGROUND
On August 8, 2023, the City Council adopted a resolution adopting the Moorpark Avenue Multi- Family Residential Project Initial Study/Mitigated Negative Declaration and the associated Mitigated Monitoring and Reporting Plan; a prezoning (File No. C22-001) to the MUN Mixed- Use Neighborhood Zoning District; and scheduled the date of August 22, 2023, to consider a resolution ordering the annexation of Moorpark No. 24. The prezoning designation is a required process prior to the approval of an annexation, and the zoning becomes effective upon the annexation of the property into the City.
The City Council voted unanimously (11-0-0) on August 8, 2023, to initiate the annexation. In accordance with Section 5.20.070 of the Santa Clara County Zoning Ordinance, properties are subject to annexation when they are (1) located within the Urban Service Area of a city, (2) contiguous to property within the city, and (3) the proposed development of said property requires a development permit. These criteria of the Santa Clara County Zoning Ordinance align with LAFCO goals to focus development in urban areas and ensure the logical and reasonable development of local agencies, pursuant to California Government Code Section 56301.
Detachment from all current services is recommended to keep City services consistent and avoid any duplication of services.
Site and Surrounding Uses
The annexed area is located on the north side of Moorpark Avenue, approximately 130 feet west of Central Way at 2323-2391 Moorpark Avenue (APN: 282-01-014, 015, 016, 022, 023, 024 & 025). The site is currently developed with 14 vacant residential buildings containing 30 multifamily rental units along with associated storage buildings, carports, surface parking, and landscaping. The site is surrounded by Interstate 280 to the north, multifamily and single-family residences to the east, the Santa Clara Valley Medical Center across Moorpark Avenue to the south, and multifamily residences to the west. The subject site is currently accessible from a driveway at the front of the site along Moorpark Avenue and a driveway from rear of the site along Central Way.
ANALYSIS
LAFCO requested the annexation boundary to include the adjacent street (portions of Moorpark Avenue) with a total area of approximately 2.01-gross acres, in order to comply with LAFCO’s street annexation policies. These policies require an annexation to be designed to include a continuous section of roadway sufficient in length to allow maintenance and policing of the street by a single jurisdiction.
HONORABLE MAYOR AND CITY COUNCIL
March 16, 2023
Subject: Moorpark No. 24. Ordering the Annexation of Santa Clara County Territory Located at 2323-2391 Moorpark Avenue
Proceedings are being conducted under provisions of the California Government Code Section 56757, which grants the City conducting authority and allows the completion of reorganization in Santa Clara County without LAFCO review provided the proposed annexation is located within the City’s Urban Service area and the City Council adopts a resolution initiating the resolution. Pursuant to Section 56757, the City Council adopted a resolution on August 8, 2023 initiating the annexation.
Before approving the reorganization proposal pursuant to Section 56757, the City Council is required to make certain findings as listed below. Staff comments follow each finding in italics.
1. That the unincorporated territory is within the City’s Urban Service Area as adopted by LAFCO and set forth in the City’s General Plan.
The territory is located within the City’s Urban Service Area as shown on the Envision San José 2040 General Plan Land Use / Transportation Diagram (Exhibit C).
2. That 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 certified the boundaries of the annexation as definite and certain on September 2, 2022 (Exhibit D).
3. That the proposal does not split lines of assessment or ownership.
All affected parcels are being annexed in their entirety. No lines of assessment or ownership will be split.
4. That the proposal does not create islands or areas in which it would be difficult to provide municipal services.
No such islands are being created as the subject territory is contiguous to the City of San José territory to the north. The annexation would not result in islands in which it would be difficult to provide municipal services. The annexation would expand the existing City boundary within the City of San José to the south in a contiguous manner and incrementally help reduce the size of a larger existing County territory island in which it is currently located.
5. That the proposal is consistent with the City’s General Plan 2040.
The annexation is consistent with the adopted Envision San José 2040 General Plan in that the annexation territory is within the City’s Urban Service Area. In accordance with the City of San José Municipal Code Section 20.120.110, the MUN Mixed-Use Neighborhood Zoning District is a conforming zoning district under the Mixed-Use Neighborhood General Plan designation.
6. That the territory to be annexed is contiguous to existing City limits.
The north side of the area proposed for annexation is contiguous to the City limits, as shown on the attached annexation map as part of the County Surveyor’s Report (Exhibit D).
HONORABLE MAYOR AND CITY COUNCIL
March 16, 2023
Subject: Moorpark No. 24. Ordering the Annexation of Santa Clara County Territory Located at 2323-2391 Moorpark Avenue
7. That the City has complied with all conditions imposed by the Commission, if any, for inclusion of the territory in the City’s Urban Service Area.
On February 20, 2020, the City of San José informed LAFCO of its intent to annex the subject territory. Since then, the City has received no further conditions of approval from LAFCO with respect to the subject annexation. Furthermore, on April 11, 2023, the City advised the following applicable special districts of its intent to annex the subject property: West Valley Sanitation District, Central Fire Protection District, Santa Clara County Lighting Service Area, and Santa Clara County Library Services. No objections to the proposed annexation were received.
EVALUATION AND FOLLOW-UP
Upon obtainment of LAFCO’s certification of the proposed annexation and recordation of the resolution ordering annexation with the Office of the County Clerk-Recorder for the County of Santa Clara, the approximately 2.01-gross-acre area of unincorporated Santa Clara County designated as Moorpark No. 24 will be within the incorporated area of the City of San José and eligible to receive City services. The City of San José reserves the right to seek LAFCO’s certification and record the resolution ordering annexation only after a development proposal has been submitted or permitted for the subject property or upon issuance of a building permit.
COST IMPLICATIONS
There are no associated City costs or service obligations until the subject property is annexed.
The annexation shall become effective upon issuance of a building permit, at the discretion of the Director of Planning, Building and Code Enforcement.
COORDINATION
This project was coordinated with Santa Clara County LAFCO, and the City of San José Environmental Services Department, City of San José Public Works Department, City of San José Department of Transportation, the City Attorney’s Office and the City Manager’s Budget Office.
PUBLIC OUTREACH
This item is being conducted in accordance with Sections 56662 and 56757 of the California Government Code for annexations that have the consent of all landowners and for which no public hearing or notice is required. However, in accordance with City Council Public Outreach Policy 6-30, a notice of the public hearing was distributed to the owners and tenants of all properties located within 500 feet of the subject property, published in the San Jose
HONORABLE MAYOR AND CITY COUNCIL
March 16, 2023
Subject: Moorpark No. 24. Ordering the Annexation of Santa Clara County Territory Located at 2323-2391 Moorpark Avenue
Post Record, and posted on the City website. A sign was posted on the subject site. Staff has been available to respond to questions from the public.
This memorandum will be posted on the City’s Council Agenda website for the August 22, 2023 City Council meeting.
COMMISSION RECOMMENDATION AND INPUT
No commission recommendation or input is associated with this action.
CEQA
Moorpark Avenue Multi-family Residential Project Initial Study/Mitigated Negative Declaration (Resolution No. RES2023-273). Council District 6. (Planning, Building and Code Enforcement)
PUBLIC SUBSIDY REPORTING
This item does not include a public subsidy as defined in section 53083 or 53083.1 of the California Government Code or the City’s Open Government Resolution.
/s/
CHRISTOPHER BURTON, DIRECTOR
Planning, Building and Code Enforcement
For questions, please contact Robert Manford, Deputy Director, at 408-535-7900.
Attachments:
Exhibit A – Moorpark 24 Legal Description
Exhibit B – Moorpark 24 Plat Map
Exhibit C – General Plan Land Use/Transportation Diagram Exhibit D – County Surveyor Report
EXHIBIT ‘A’
LEGAL DESCRIPTION
SAN JOSE, CALIFORNIA
ALL OF LOT 264 AND PORTIONS OF LOTS 265, 266, 267, 268, 269 OF TRACT 228 BRADLEY MANOR - UNIT NO. 3, A PORTION OF PARCEL A AND ALL OF PARCEL B OF THE RECORD OF SURVEY FILED IN BOOK 139 PAGE 13 AND PARCEL TWO OF THE DEED RECORDED IN DOC. NO. 22862290 ON FEBRUARY 24, 2015, OFFICIAL RECORDS OF SANTA CLARA COUNTY, MORE PARTICULARY DESCRIBED AS FOLLOWS:
COMMENCING AT THE 1” IRON PIPE WITH TAG AND NAIL, AT THE INTERSECTION OF CENTRAL WAY (FORMERLY BRADLEY AVENUE) AND CENTRAL WAY, THENCE NORTH 89°31’24” WEST 253.59 FEET TO A 1” IRON PIPE WITH PLUG AND TACK, THENCE SOUTH 56°49’28” EAST, 51.83’ FEET TO THE NORTHEAST CORNER OF SAID LOT 265 AND THE POINT OF BEGINNING;
THENCE, SOUTH 0°28’36” WEST, 104.93 FEET;
THENCE, SOUTH 89°31’24” EAST, 55.00 FEET;
THENCE, SOUTH 0°28’36” WEST, 105.13 FEET;
THENCE, NORTH 89°26’40” WEST, 55.32 FEET;
THENCE, SOUTH 43°11’17” EAST, 24.92 FEET;
THENCE, NORTH 89°26’40” WEST, 203.35 FEET;
THENCE, NORTH 00°33’13” EAST, 18.00 FEET;
THENCE, NORTH 89°26’40” WEST, 110.53 FEET;
THENCE, NORTH 0°27’23” EAST, 272.97 FEET;
THENCE, SOUTH 86°47’53” EAST, 189.69 FEET;
THENCE, SOUTH 43°13’01” EAST, 23.58 FEET TO A POINT ON CURVE; THENCE, ALONG AN ARC OF A NON-TANGENT CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 51°52’32” EAST, HAVING A RADIUS OF 40.00 FEET, THROUGH A CENTRAL ANGLE OF 176°15’12”, AN ARC LENGTH OF 123.05 FEET TO A POINT OF REVERSE CURVATURE;
THENCE, ALONG AN ARC OF A TANGENT CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 48°07’44” EAST, HAVING A RADIUS OF 40.00 FEET, THROUGH A CENTRAL ANGLE OF 48°03’39”, AN ARC LENGTH OF 33.55 FEET TO THE POINT OF BEGINNING;
CONTAINING AN AREA OF 81,694 SQUARE FEET OR 1.875 ACRES OF LAND, MORE OR LESS.
A PLAT OF THE ABOVE DESCRIBED PROPERTY IS ATTACHED AS EXHIBIT “B” AND BY THIS REFERENCE MADE A PART HEREOF.
BEARING AND DISTANCES HEREIN ARE BASED ON THE PARCEL MAP FILED IN BOOK 903 OF MAPS AT PAGES 2-3, SANTA CLARA COUNTY RECORDS.
THE LEGAL DESCRIPTION HEREIN WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE LAND SURVEYOR’S ACT IN JANUARY 2020.
END OF DESCRIPTION
RYAN M. SEXTON / PLS 9177
Exhibit A - Legal Description
EXHIBIT 'B'
PLAT TO ACCOMPANY
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ENVISIONSAN JOSE2040
ENVISION SAN JOSE 2040 GENERAL PLAN
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- Neighborhood/Community Co1nmercial
- Combined lndustrial/Comn1ercial
- Industrial Park
Light Industrial
- Heavy Industrial
Public/Quasi-Public
- Transportation and Utilities
- Transit Residential
- Urban Residential
- Mixed Use Neighborhood
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Rural Residential
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0 Planned Light Rail Station
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• Grade Separation
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This is one of a series of di.igrams which, when combined \Vith the text of the Envision San Jose 2040 General Plan, constitute the physical development policy of the City of San Jose. A1locvable land uses for specific parcels ofland cannot be determined solely by reforence to the Diagram.
Scale: 1 inch= 4,000 feet
Prepared by: City of San Jose, Planning Division
March, 2012
Exhibit C - General Plan Land Use/Transportation
Diagram
Board of Supervisors: Sylvia Arenas, Cindy Chavez, Otto Lee, Susan Ellenberg, S. Joseph Simitian County Executive: Jeffrey V. Smith
May
24th, 2023
Mr. Manuel (Alec) Atienza
Planner
City of San Jose
Planning Division
200 E. Santa Clara Street, 3rd Floor
San Jose, CA. 95113
SU
BJECT: Moorpark No. 24 Annexation
Dea
r Mrs. Flores,
The
attached revised description and map dated September 28th, 2020 of territory proposed for annexation to the City of San Jose, entitled Moorpark No. 24 is in accordance with Government Code Section 56757 (c) (2). The boundaries of said territory are definite and certain. The proposal is in compliance with the Local Agency Formation Commission's road annexation policies.
Sincerely,
Au
gust Hanks, PLS 9274
County Surveyor
amh
Atta
chment
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: LAFCO Executive Officer (w/attachment)
Tuan Au, County Assessor’s Office (w/attachment)
County of Santa Clara
Planning and Development
Office of the County Surveyor
County Government Center
70 West Hedding Street, E. Wing, 7 th Floor
San Jose, California 95110
(408) 299 -5730
Exhibit D - County Surveyors Report
City of San Jose
Proposed Annexation Area
Moorpark No. 24
0 700 1,400 2,100350
Feet
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This map was created was by the Santa Clara County Surveyor's Office. The GIS data was compiled from various sources.While deemed reliable, the Surveyor's Office assumes no liability.
City of
San Jose
City of
San Jose
City of
San Jose
MOORPARK AVE.
Strevens Creek Blvd.
HIGHWAY 280
HIGHWAY 880HIGHWAY 17
So. Bascom Ave.