2008-023-Setting Date For Consideration Of Reorganization Of Uninhabited Territory Designated Topping Way No.5,Property Located At 16538 Topping Way;Approximately.66 Acres (Apn:532-09-027)RESOLUTION 2008-023
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF UNINHABITED
TERRITORY DESIGNATED TOPPING WAY NO. S, PROPERTY LOCATED AT
16538 TOPPING WAY; APPROXIMATELY .66 ACRES (APN: 532-09-027)
WHEREAS, the Town Council of the Town of Los Gatos has received a request for
annexation of territory designated Topping Way No. 5 from Dan Boyd & Gina Florentino Boyd; and
WHEREAS, the property, .66 acres, more or less, at 16538 Topping Way, APN: 532-09-027,
is within 300 feet of a roadway maintained by the Town of Los Gatos and is within its urban service
area; and
WHEREAS, the following special districts would be affected by the proposal: Santa Clara
County Library Service Area; and
WHEREAS, the annexation would provide for use of Town services; and
WHEREAS, the Town Council enacted an ordinance over 20 years ago pre-zoning the
subject territory with an R-1:8 (single family residential, 8,000 sq. ft. minimum lot size) zoning
designation; and
WHEREAS, the Town of Los Gatos, as Lead Agency for environmental review for the
reorganization has determined annexation of the subject property is exempt for the California
Environmental Quality Act guidelines, pursuant to Section L5061(b)(3); and
WHEREAS, the County Surveyor of Santa Clara County has found the map and description
(Exhibits "A" and "B") to be in accordance with Government Code Section 5.6757, the boundaries to
be definite and certain, and the proposal to be in compliance with LAFCO's road annexation
policies; and
WHEREAS, as provided in Government Code Section 56757, the Town Councils of the
Town of Los Gatos shall be the conducting authority for a reorganization including an annexation to
the Town; and
WHEREAS, the territory is uninhabited and all owners of land included in the proposal have
consented to this annexation; and
WHEREAS, Government Code Section 56663(a) provides that if a petition for annexation is
signed by all .owners of land within the affected territory the Town Council may approve or
disapprove the annexation without public hearing;
.NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Los
Gatos hereby initiates annexation proceedings and will consider annexation to the territory
designated as Topping Way No. 5 at their regular meeting of April 21, 2008.
F. The appellants allege that the Planning Commission erred or abused its discretion
by failing to confirm the project to Town development standards regarding design, size and
impact on use and enjoyment of neighboring properties.
G. The decision of the Planning Commission was .correct.
H. Council finds as follows:
The project conforms with the Town Residential Development Standards
for single-family homes. This finding is based the contents of the February 22, 2008 Agenda
Report, the October 2, 2007 findings of the Development Review Committee and the January 9,
2008 findings of the Planning Commission, all of which are by this reference incorporated
herein.
2. As required by Town Code section 29.10.09030(e) for demolitions: (1) the
Town's housing stock will be maintained by the replacement of the demolished structure with a
new single-family residence.; (2) the existing structure has no architectural or historical
significance and is poor condition as evidenced by the Town Council Agenda Report dated
February 22, 2008, which is by the this reference incorporated herein; (3) the property owners
have no desire to maintain the current structure, as evidenced by their application to demolish and
replace the .existing structure; and (4) the economic utility of the existing structure is such that it is
not viable to remodel, as evidenced by the Town Council Agenda Report dated Febniary 22,
2008, which is by the this reference incorporated herein.
RESOLVED:
1. The appeals of the decision of the Planning Commission on Architectural and Site
Application 5-07-182 are denied.
2. The conditions of approval (Attachment 2 to the Town Council Agenda Report
dated February 22, 2008, incorporated herein by this reference), are hereby approved as the
Conditions of Approval for Architectural and Site Application 5-07-182.
3. The decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los
Gatos. Any application for judicial relief from this decision must be sought within the time limits
and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such
shorter time as required by State and Federal Law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California on the 17`" day of March 2008, by the following vote.
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman, and Mayor
Barbara Spector
NAYS: None
ABSENT:
ABSTAIN:
S
YOR OF HE TOWN OF LOS GATOS
> GATOS, CALIFORNIA
ATTEST:
~~_
..._ ~ _
~_.
CLER OF THE TOWN OF Lc.~S GATOS
LOS GATOS, ~;ALIFORNIA
EXHIBIT "A"
TOPPING WAY ANNEXATION N0.5
TO TOWN OF LOS GATOS
All that certain property being a portion of Rancho Rinconada De Los Gatos, situated in the County
of Santa Clara, State of California.
Beginning at a point on the Northerly right of way line of Topping Way at the Southwesterly corner
of Lot 68, as shown on the subdivision map of Kenwood Acres, Tract No. 328 retarded in Book 10
of Maps at Page 56, Santa Clara County Records, said point being the Southwesterly limit of Town
of Los Gatos as established by Topping Way Annexation No. 2, approved by Town of Los Gatos
Resolution 2003-111, and recorded as Certificate of Completion Document No. 17392885 on
October 2, 2003 Santa Clara County Records;
Thence along Southerly line of said town limit and Northerly right of way line of Topping Way (1)
.South 77 Degrees 51Minutes 40 Seconds East a length of 83..10 feet;
Thence continuing along said town limit across Topping Way {2) South Ol Degree 39 Minutes 26
Seconds West a length of 61.02 feet to the Southerly rights of way line of Topping Way;
Thence leaving said town limit along the Southerly right of way line of Topping Way (3) North 77
Degrees 51 Minutes 45 Seconds West a length of 21.9.03 feet to the Northeasterly corner of Lot 64;
Thence along the boundaries, of Lot 64 (4) South 12 Degrees 08 Minutes 15 .Seconds West a length
of 137.00 feet; and
Thence (5) North 77 Degrees 51 Minutes 45 Seconds West a length of 80.00 feet; and
Thence {6) North 12 Degrees 08 Minutes 1S Seconds East a length of 197.00 feet to the Northerly
-right of way line of Topping Way;
Thence along the Northerly right of way line of Topping Way (7) South 77 Degrees 51 Minutes 45
Seconds East a length of 204.83 feet to the point of beginning.
Containing 0.66 .acres more or less.
Disclaimer:
"For assessment purposes only. This description o£ land
Is not a legal property description as defined in the
Subdivision Map Act and may not be used as the basis
For an offer for sale o£the land described."
Revised 2-6-08
5c~0 LAND s~~
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Exp. 12-31-09 ~
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EXHIBIT "B"
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`-~' DJB CONSTRUCTION 3
APIV 532-09-027 u~
r LOT 64, TRACT 328 ~o'o
AREA 0.66 AC. A a
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~5) ~7 51'45,.
80. pp W
LEGEN D
EXISTING TOWN LIMIT
PROPOSED TOWN LIMIT
EXISTING BOUNDARY LINE
.STREET CENTERLINE
DISCLAIMER:
"For assessment purposes only. This description of
land is not o legal property description as defined
in the Subdivision map Act and may not be used
as the basis for an offer for sale of the land
described."
ASSESSOR'S PARCEL NUMBERS:
532-09-027
WESTFAL.L ENGINEERS, INC.
14583 BIG BASIN WAY
SARATOGA, CA.
TEL. 408-867-0244, FAX 406-867-6261
DRAWN BY: JC
CHECKED BY: 'HB
JOB N0. 2007-209
.ACREAGE: 0.66
DATE: JANUARY 2008
SCALE: 1 "=50'
TOPPING WAY N0. 2
ANNEXATION
DOC. N0. 17392885
10/2/2003
:SOLUTION N0. 2003-t11
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No. 4953
~ Exp. 12-31-09 * I
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REVISIONS: /0 2- 6- ~8
LAFCO RESOLUTION N0.
TOPPING WAY
ANNEXATION N0. 5
16538 TOPPING WAY
. LOS GATOS, CA
PORTION OF RANCHO RINCONADA
DE LOS GATOS
LOCATION- MAP