It is recommended that the City Council adopt a resolution ordering the reorganization of territory designated as EDENVALE No. 22 which involves the annexation to the City of San Jose of 43.7 gross acres of land located at the north side of Hillsdale Avenue opposite Vistapark Drive and the detachment of the same from the Central Fire Protection District and the Santa Clara County Library Services Area.
On March 20, 2001, the City Council adopted the prezoning from County to A(PD) Planned Development Zoning District.
The proposed annexation consists of a parcel of land identified as a portion of Assessor’s Parcel Numbers 455-09-049 and 455-28-011, and the detachment from the Central Fire Protection District and the Santa Clara County Library Services Area.
The reorganization is defined as 100 percent consent, since all of the property owners of the parcel signed the annexation petition. There are fewer than 11 registered voters, and therefore this property is considered uninhabited.
The proposed annexation would facilitate the development of single family attached residences on land that is within the City’s Urban Services Area (USA). This parcel is surrounded by City territory on the west and south and County territory on the east and north. 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)
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 well 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’s policy in that existing and future urban development will 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.
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.
JAMES R. DERRYBERRY, DIRECTOR
Planning, Building and Code Enforcement