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Item No.: 10.1(a)
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 ORDERING THE ANNEXATION OF CERTAIN
UNINHABITED TERRITORY IN UNINCORPORATED
SANTA CLARA COUNTY DESIGNATED AS MOORPARK
NO. 24, SUBJECT TO LIABILITY FOR GENERAL
INDEBTEDNESS OF THE CITY
WHEREAS, the City of San José desires to order 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 Moorpark No. 24 to the City of San Jos é, and the detachment of certain territory from the West Valley Sanitation District, Santa Clara County Central Fire Protection District, Santa Clara County Lighting Service Area, 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 “Moorpark No. 24,” and a description of the boundaries of this territory is set forth in Exhibit “A ,” entitled “Geographic Description,” attached and incorporated by reference, which description is subject to correction or revision as required; and
WHEREAS, a m ap showing the location of such territory is attached as Exhibit “B” and incorporated by reference; and
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Item No.: 10.1(a)
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 2.01 gross acres located on the north side of Moorpark Avenue approximately 650 feet westerly of South Bascom Avenue (APNs 282-01-014, 015, 016, 022, 023, 024 and 025), is contiguous to the City of San José and is within the City’s Urban Service Area; and WHEREAS, the subject property is currently receiving services from and is under the control and jurisdiction of the County of Santa Clara; and WHEREAS, upon obtainment of Santa Clara County Local Area Formation Commission’s (“LAFCO”) certification of the proposed annexation and recordation of this Resolution with the Office of the Clerk -Recorder of 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 the following benefits from the City, to wit: all municipal services, including but not limited to street maintenance, street light, law enforcement, sanitary sewer , code enforcement, street sweeping, garbage collection, and fire protection; and WHEREAS, subsequent to the adoption of Resolution No. RES2023 -274 on August 8, 2023, initiating annexation of Moorpark No. 24 to the City of San José, City staff determined that Mo orpark No. 24 must detach from all current services, including the West Valley Sanitation District, to keep City services consistent and avoid any duplication of services; and
WHEREAS, the City of San José reserves the right to seek LAFCO’s certification and record this Resolution upon issuance of a building permit for construction or at any time prior to issuance of such permit; and
WHEREAS, on August 8, 2023, the City Council adopted Ordinance No. 30936 approving the pre-zoning of the territory to the MUN Mixed Use Neighborhood Zoning District (under File No. C2 0-001) and will be so zoned upon its annexation to the City of San Jos é in NVF:DHZ:DJF
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Item No.: 10.1(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
accordance with Section 20.120.300 of the Zoning Ordinance (Title 20 of the San Jos é Municipal Code); and
WHEREAS, the City of San José is the Lead Agency for environmental review for the reorganization known as “Moorpark No. 24” under the California Environmental Quality Act of 1970, as amended (“CEQA”); and
WHEREAS, pursuant to Section 15168(c)(2) of the CEQA Guidelines, the City of San José has determined that the annexation is consistent with the Moorpark Avenue Multi - Family Residential Project (IS/MND) (Resolution No. RES2023-273); 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, the bound aries to be definite and certain, and the proposal to be in compliance with LAFCO’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 to the City, and the City Council 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, G overnment 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
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Item No.: 10.1(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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 the appropriate special districts to eliminate a duplication of services; and
WHEREAS, evidence pertaining to the proposed reorganization was presented to the City Council at the City Council’s public hearings on this matter; and WHEREAS, the following facts pertain to the findings required by the Council in accordance with Government Code Section 56757:
1. The unincorporated territory proposed for reorganization is within the City’s Urban Service Area, as adopted by the Santa Clara Local Agency Formation Commission.
2. The County Surveyor has determined the boundaries of the proposed reorganization to be definite and certain, and in compliance with the Santa Clara County Local Agency Formation Commission’s road annexation policies.
3. The annexation does not split lines of assessment or ownership in that all affected parcels are being organized in their entirety.
4. The annexation does not create islands or areas in which it would be difficult to provide municipal services in that the completion of reorganization proceedings would result in the reduction in size of a county pocket of unincorporated territory.
5. The proposal is consistent with the City’s adopted General Plan in that existing and future urban development should be located within cities.
6. The territory is contiguous to existing City limits.
7. The City has complied with all conditions imposed by the Santa Clara County Local Agency Formation Commission for inclusion of the territory in the City’s Urban Service Area as follows: On February 20, 20 20, the City of San José informed LAFCO of its intent to annex the subject territory. The City has received no conditions of approval from LAFCO with respect to the subject annexation.
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Item No.: 10.1(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Furthermore, on April 11 , 2023, the City advised the following applicable special districts, from which the territory would be detached, of its intent to annex the subject property: West Valley Sanitation District, Santa Clara County Central Fire Protection District, Santa Clara County Lighting Service Area, and Santa Clara County Library District. No objections were received.
The pre- zoning designation of the s ubject territory is MU N Mixed Use Neighborhood Zoning District inasmuch as the City Council on August 8, 2023, approved an ordinance and adopted said ordinance on August 8, 2023, pre-zoning the subject territory (Ordinance No. 30936).
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE:
1. That the City Council of the City of San José hereby incorporates the foregoing recitals into this Resolution as if fully contained herein.
2. That the City Council of the City of San José hereby orders the territory designated as Moorpark No. 24 reorganized to include the following changes of organization: (a) the territory designated Moorpark No. 24 is detached from the West Valley Sanitation District, Santa Clara County Central Fire Protection District, Santa Clara County Lighting Service Area, and Santa Clara County Library District ; and (b) the territory designated Moorpark No. 24 is annexed into the City of San José. The City of San José, as conducting authority, reorganized such territory as indicated above, it being found and concurred that the territory involved in the reorganization is uninhabited and all the owners of land within the territory have filed a written petition for the City Council to initiate said reorganization.
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Item No.: 10.1(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
ADOPTED this ___ day of ___________, 2023, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Mayor
ATTEST:
TONI J. TABER, CMC
City Clerk
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" (File No. C20-001)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
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DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.