2010090705 - Reorganization of an Uninhabited area Designated As Hilow Road~oWe of MEETING DATE: 09/07/10
ITEM NO.
> y COUNCIL AGENDA REPORT
!ps °G p.~pS
DATE: August 24, 2010
TO: MAYOR AND TOWN COUNCIL
FROM: GREG CARSON, TOWN MANAGER
SUBJECT: ADOPT RESOLUTION SETTING DATE FOR CONSIDERATION OF
REORGANIZATION OF AN UNINHABITED AREA DESIGNATED AS
HILOW ROAD N0.4, APPROXIMATELY .58 ACRES LOCATED AT 16397
HILOW ROAD (APN: 532-04-062); FILE #AN10-001.
RECOMMENDATION:
Adopt resolution setting date for consideration of reorganization of uninhabited area designated as
Hilow Road No. 4, approximately .58 acres located at 16397 Hilow Road (APN: 532-04-062).
BACKGROUND:
The Town has an agreement with Santa Clara County that requires annexation of any property
located within the Town's Urban Services Area boundary and within 300 feet of Town limits if the
use is intensified. The property owner has requested annexation independent of a development
application.
Section 56757 ofthe Cortese-Knox-Hertzberg Local Govermnent Reorganization Act of2000 gives
the cities in Santa Clara Cormty the authority to annex territory without application to and hearing by
the Santa Clara County Local Agency Formation Commission (LAFCO). The process is initiated by
the Town after the property owner files an annexation petition. However, legislation that became
effective in 2004 now requires the Town to hold a protest proceeding, even if the area proposed for
annexation is uninhabited and all property owners have consented to the annexation. This first
meeting and resolution sets the date for the protest proceeding.
PREPARED BY: °l,~~ndie R. Rooney, Director of Conununity Development
Reviewed by: '- ` J Assistant Town Manager own Attorney Clerlc finance
Community Development Reoisea: aizai~o 6:16 PM
Refonnatted:5/30/02
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: HILOW ROAD NO. 4; FILE #AN10-001.
Aatgust 24, 2010
DISCUSSION:
The Town has received a petition fiom Nien-Tsu Wang, owner ofthe property at 16397 Hilow Road,
requesting annexation to the Town of Los Gatos. The property is located in ui unincorporated island
of the County. The amnexation includes a portion of the Hilow Road right-of way extending fiom
the intersection of Shannon and Hilow Roads, to just south of the properly, to comrect to the portion
of the roadway that is already within the Town lunits.
The property is in the Town's Urban Services Area, is within 300 feet of a Town maintained
roadway, and is pre-zoned R-1:8 (single family residential, 8,000 square feet minimum lot size).
Armexation will allow Town services to be extended to the property and help fill an existing County
"island." Santa Clara County Planning and the County Library Service Area have consented to waive
protest proceedings. The protest proceeding has been scheduled for September 20, 2010.
ENVIRONMENTAL ASSESSMENTS:
Armexation of the subject property is exempt from the California Environmental Quality Act
guidelines, pursuant to Section 15061(b)(3).
FISCAL IMPACT:
The following fees are assessed by Santa Clara County, LAFCO and the State Board of Equalization,
and are paid by the petitioner:
Ma ,Legal Description, and Guideline Checking Fees $2,000 (paid)
LAFCO Processing Fee $1,103
State Board of Equalization Fee $300
The petitioner has also paid an Armexation Fee to the Town of $2,491.00.
Once the annexation is certified by the State Board of Equalization, the Town will receive 9.6% of
the property taxes.
Attachments:
Resolution making determinations and approving the reorganization of territory designated
Hilow Road No. 4, with Exhibits A & B.
Distribution:
Nien-Tsu Wang, 16397 Hilow Road, Los Gatos, CA 95032
Michael Lopez, Planning Manager; Environmental Resom~ces Agency, 7r~' Floor; County
Government Center, East Wing; 70 W. Hedding Street, San Jose, CA 95110
N10EV15UZANIJEICounciMeportsWnnexetionViilowNO 4intra doc
RESOLUTION 2010 -
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
SETTING DATE FOR CONSIDERATION OF REORGANIZATION
OF UNINHABITED TERRITORY DESIGNATED
HILOW ROAD N0.4,
PROPERTY LOCATED AT 16397 HILOW ROAD;
APPROXIMATELY .58 ACRES (APN: 532-04-062)
WHEREAS, the Town Council of the Town of Los Gatos has received a request for
annexation of territory designated Hilow Road No. 4 from Nien-Tsu Wang; and
WHEREAS, the property, .58 acres (inclusive of road right-of--way) at 163 97 Hilow Road,
APN: 532-04-062, is within 300 feet of a roadway maintained by the Town of Los Gatos and is
within the Town's 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 from the California
Environmental Quality Act guidelines, pursuant to Section 15061(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 56757, 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, Govermment 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;
6ttachment 1
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 Hilow Road No. 4 at their regular meeting of September 20, 2010.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 7"' of
September, 2010 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N?DEV15UZeWNEWnnexatioa~NilowNO.40.1ilowNo4Reso1 Joc
EXHIBIT "A"
ANNEXATION HILOW ROAD N0.4
TO TOWN OF LOS GATOS
All that real property situated in the County. of Santa Clara, State of California being a
portion of rancho "Rinconada de Los Gatos" described as follows:
Beginning at the Northeast corner of Resolution No. 2005-I3S entitled "Hilow Road
No.2" dated January 27, 2006 to Town of Los Gatos, said corner being on the Easterly
right of way line of Hilow Road (60 feet wide) 26.61 feet along anon-tangent curve to
the right, said curve having a radius of 817.48 feet, a delta of 1 Degree 51 Minutes 55
Seconds and a radial bearing of North 70 Degrees 19 Minutes 55 Seconds West from the
Southwesterly corner of Lot 13 as shown on the subdivision map for Tract No. 616
recorded in Book 26 of Maps at Pages % and 9 Santa Clara County Records;
Thence (1) along the existing Town Limit as established by said resolution North 68
Degrees 28 Minutes West a length of 60.00 feet to the Northeasterly comer of Lot 7 of
said tract;
Thence (Z) leaving said Town Limit 88.26 feet along the Westerly right of way of Hilow
Road and anon-tangent curve to the right, said curve having a radius of 877.48 feet, a
delta of 5 Degrees 45 Minutes 47 seconds and a radial bearing North 68 Degrees 28
Minutes West;
Thence (3) 62.37 feet along a reverse curve to the left said curve having a radius of
817.48 feet and a delta of 4 Degrees 22 Minutes 18 Seconds to the Southeasterly comer
of Lot 4 of said Tract;
Thence (4) leaving said right of way and along the Southerly boundary of said Lot 4
North 70 Degrees 19 Minutes 55 Seconds West a length of 155.85 feet;
Thence (5) along the Westerly boundary of said Lot 4 North 19 Degrees 40 Minutes East
a length of 75.00 feet;
Thence (6) along the Northerly boundary of said Lot 4 South 70 degrees 19 Minutes 55
Seconds East a length of 157.16 feet to the Westerly right of way line of Hilow Road;
Thence (7) along said Westerly right of way line North 19 Degrees 40 Minutes OS
Seconds East a length of 393.14 feet to the existing town limit of Town of Los Gatos as
established by Resolution No. 2006-016 entitled "Shannon Road No. 22";
Thence (8) along said town limit South 70 Degrees 19 Minutes 55 Seconds East a length
of 60.00 feet to the Easterly right of way line of Hilow Road;
Thence (9) leaving said town limit along said Easterly right of way Line South 19 Degrees
40 Mmutes OS Seconds West a length of 421.69 feet;
Thence (10} 116.83 feet along a tangent curve to the right, said curve having a radius
877.48 feet and a delta of 7 Degrees 37 Minutes 42 Seconds;
Thence (11) 82.23 feet along a reverse curve to the left, said curve having a radius of
817.48 feet and a delta 5 Degrees 45 Minutes 47 Seconds to the point of beginning.
Containing 1.12 acres more or less.
Revised July 2B, 2010
Disclaimer:
"For assessment purposes only, This description of 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 of the land
described."
IAND
No. 4953
Exp. 12-31-11 '~
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LEGEND
PROPERTY LINE
CENTERLINE
EXISTING TOWN LIMIT
LIMIT OF ANNEXATION
AREA 1.12 ncres more or less
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VICINITY MAP
WESTFALL ENGINEERS, INC.
SARATOGA, CALIFORNIA
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~ Disclaimer:
- "For assessment purposes only.
this description of land is nat a
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."
POINT OF
BEGINNING
VEND
No. 4953
Exp. 12-31-11
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WITHIN RINCONADA D~GAT05 LAND GRANT
LOT 4, TRACT N(}. 616, RECORDED IN BOOK 26
PAGE 8 & 9 SANTA CLARA COUNTY RECORDS
E~CHIBIT B
PROPOSED ANNEXATION TO
TOWN OF LOS GATOS
ENTITLED HILOW ROAD N0.4
' DATE: April 2D10 ~ JOB. N0. 2010-030
{ BY: HARRY BABICKA { ntvutu: uUL7 ze, 2010 {
{ Sheet 1 oft ~ {
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