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2010110103 - Staff Report 16417 PEACOCK LANE 16200 SHANNON ROAD~aW ~ ~'~` '~ °s ca~o DATE: TO: FROM: SUBJECT: COgJNCIL AGENDA REPORT October 13, 2010 MAYOR AND TOWN COUNCIL 1VIEETING DATE: 11/01/10 ITEM NO. CONSENT ITEM GREG CARSON, TOWN MANAGER ADOPT RESOLUTION MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF 'I'ERRTTORY DESIGNATED PEACOCK LANE N0.2 CONTAINING APPROXIMATELY 2.8 ACRES LOCATED AT 16417 PEACOCK LANE AND 16200 SHANNON ROAD (APNS: 532-02-028 & 075). FILE #AN10-002. RECOMMENDATIO Adopt a resolutio2i making determinations and approving the reorganization of territory designated Peacock Lane No. 2, containing approximately 2.8 acres, located at 16417 Peacock Lane and 16200 Sha>mlon Road (APNs: 532-02-028 & 075). 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 is either contiguous to a Town boundary, or within 3 00 feet of a Town maintained roadway if the use is intensified. The annexation is being requested independent of any development application, although an Architecture and Site application is expected to be submitted for 16417 Peacock Lane in the near future. Section 56757 of the Cortese-Knox-Hertzberg Local Govermnent Reorgaiuzation Act of 2000 gives the cities i1 S ante Clara County the authority to annex-territoirywrthout apphcafioi to and hearing by the Santa Clara County Local Agency Formation Commission (LAFCO). The process was initiated by the Town after the property owner filed an annexation petition. The Town is required to hold a protest proceeding even if the area proposed for annexation is uninhabited and all property owners have consented to the aruzexation. This annexation was introduced at the October 18, 2010, Town Council meeting. PREPARED BY: Wendie R. Rooney, Director of Community Development Reviewed by: Assistant Town Manager own Attorney ClerkFinance Conmmunity Development Revised: l0/13/10 11:40 AM Reformatted: 5/30/02 N :\DEV\SUZANNE\Cotmcil\Reports\Aimexation\PeacockNo.2-PP: doc PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: PEACOCK LANE NO. 2; FILE #AN10-002 October^ 13, 2010 DISCUSSION: The Town has received a petition from Erik Vanderburg, owner of the property at 16417 Peacock Lane, and Daniel Bainbridge, owner of the property at 16200 Shannon Road, requesting annexation to the Town of Los Gatos. The properties are located in an unincorporated island of the County, within the Town's Urban Services Area boundary. The parcels are both pre-zoned R-1:20 (single family residential, 20,000 sq. ft. minimum lot size). Annexation will allow Town services to be extended to the properties and help fill an existing County island. Since this is a 100% consent,. uninhabited aiulexation (less than twelve registered voters), a public hearing is not required. However, waiver of the protest (public hearing) must be received from agencies gaining or losing territory with this annexation. Waivers have. been received from Santa Clara County Planning and County Library Service Area. ENVIRONMENTAL ASSESSMENT: Pursuant to Section 15061(b)(3) of the California Environmental Quality Act, aiulexation of the subject property is categorically exempt. No further environmental analysis is required. FISCAL IMPACT: The following fees. are assessed by Santa Clara County, LAFCO and the State Board of Equalization,. and are paid by the petitioner: County Surveyor Map, legal description and guideline checking. fee $2,000.00 County Assessor's fee. 80.00 LAFCO processing fee $1,154.00 State Board of Equalization fee $300.00 Tlse petitioner has also paid a $1,346.00 annexation. fee to the Town. Once the annexation is certified by the State Board of Equalization, the T-own will receive 9.6% of the property taxes. Attaclunents: 1. Resolution making determinations and approving the reorganization of territorydesignated as Peacock Lane No. 2, with Exhibits A & B. 2. Protest Waiver, Santa Clara County 3. Protest Waiver, Library Service Area Distribution: cc: Erik Vanderburg, 16417 Peacock Lane, L`os Gatos, CA 95032 Dan Bainbridge, 16200 Shannon Road,. Los Gatos, CA 95032 Michael Lopez, Planning Manager; Enviroiunental Resources Agency, 7t1i Floor; County Goveriunent Center, East Wing; 70 W. Redding Street, San Jose, CA 95110 WRR: SD: ct RESOLUTION 2010 - RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED PEACOCK LANE NO. 2 APPROXIMATELY 2.8 ACRES LOCATED AT 164.17 PEACOCK LANE AND 16200 SHANNON ROAD (APNs: 532-02-028 & 075) WHEREAS, a petition for the annexation of certain territory to the Town of Los Gatos and detachment of said territory from Santa Clara County Library Service Area, consisting of 2.8 acres located at 16417 Peacock Lane and 16200 Shannon Road {APNs 532-02-028 & 075), and including Peacock Lane .right-of--way, has been filed by Erilc Vanderburg and Daniel Bainbridge; and WHEREAS, said territory is uninhabited and all owners of land included in the proposal consent to this annexation; and WHEREAS, Section 56757 of the California Goverrunent Code states that the Local Agency Formation Commission shall not review an annexation proposal to any City in Santa Clara County of unincorporated territory which is within the urban service area of the city in initiated by resolution of the legislative body and therefore the Town Council of the Town of Los Gatos is now the conduction al~thority of said aruiexation; 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; and WHEREAS,. evidence was presented to the Town Council; NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los Gatos as follows: 1. That it is the conducting authority pursuant to Section 56757 of the Government Code for the annexation of property designated as Peacock Lane No. 2, more particularly described in Exhibit A and B; 2. That the following finding are made by the Town Council of the Town of Los Gatos: a. That said territory is uninhabited and comprises approximately 2.8 .acres, inclusive of road right-of--way: Attachment 1 b. That the annexation is consistent with the orderly annexation of territory within the Town's urban service area and. is consistent with the Town policy of annexing. when required by the Town's agreement with the County of Santa Clara. c. The project is exempt from C.E.Q.A. under the provision of the California Administrative Code,. Title 14, Section 15061(b)(3). d. The Town Council enacted an ordinance over 25 years ago pre-zoning the subject territory with an R-1;20 (single family residential, 20,000 sq. ~ft. minimum lot size) zoning designation. e. That the territory is within the Town urban service area as adopted by the Local Agency Formation Commission of Santa Clara County. f. That the County Surveyor has determined the boundaries of the proposed annexation to be definite and certain, and in compliance with the Commission's road annexation policies. The County Surveyor Chas been reimbursed foi they ~: ~- actual cost incurred by the County Surveyor in malting this determination. g. That the proposed annexation does not create islands or areas in which it would be difficult to provide municipal services. h. That the proposed annexation does not split lines of assessment or ownership. i. That the proposed annexation is consistent with the Town's General Plan. j. That the territory to be annexed is contiguous to a Town boundary. lc. That the Town has complied with all conditions imposed by tl~e Commission for inclusion of the territory in the Town's urban service..area. 3. That Santa Clara County and the Santa Clara County Library Service Area, that will lose territory as a result of this reorganization, have consented in writing to a waiver of protest proceedings. 4. That all property owners and registered voters have been. provided written notice of this proceeding and no opposition has been received. 5. That said annexation is hereby ordered without any further protest proceedings pursuant to Section. 56663 (c/d) and is subject to no terms or conditions. BE IT FURTHER RESOLVED that upon completion of these reorganization proceedings the territory annexed will be detached from the Santa Clara. County Library Service Area. BE IT FURTHER RESOLVED that upon completion of these reorganization proceedings the territory reorganized will be taxed on the regular County assessment roll, including taxes for existing bonded indebtedness. ' PASSED Al\TD ADOPTJCD at a regular meeting of the Town Council held on November 1, 2010, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: ATTEST: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LDS GATOS, CALIFORNIA N:\DEV\SUZANNE\Annexati onU' eacockNo.2U'eacockNo2-Reso2.doc THIS PA GE INTENTIONALLY LEFT BLAND EXHIBIT A ANNEXATI®N LINE CF PEACt~CK LANE N0.2 T®WN OF L®S GAT®S Situate in Rancho Rinconada De Los Gatos, County of Santa Clara, State of California. Being all of the lands conveyed to Erik J Van Der Burg and Patti G Van Der Burg, trustees of the Van Der Burg Revocable Inter Vivos Trust, by Grant Deed dated September 30, 2004and recorded April 13, 2005 as document number 18320717 of Official Records, Santa Clara County Records and; Being all of the lands conveyed to Daniel C. Bainbridge and Mary-Lynne T. Bainbridge, husband and wife, or Successor(s), Trustees of the Bainbridge Family Trust, by Grant Deed dated June 22, 1988. and recorded April 13, 2005 as document number 9816345 of Official Records, Santa Clara County Records and being more particularly bounded and described as follows to wit: Beginning at the point of intersection of the southern right-of-way line of Shannon Road with the westerly line of fihat certain annexation entitled "Blossom Hill No. 2,' also being the northeastern corner of Lot 1, as said lot is shown and delineated on that certain Tract Map entitled "Tract No. 527 A.C. Marsh Subdivision,' recorded July 12, 1948 in Book 18 of .Maps at Page 51, Santa Clara County Records. Thence from said point of beginning leaving said- western annexation line -and along said southern right-of-way line of Shannon Road [1 ]North 78° 54' West 115.00 feet to the eastern right- of-way line of Peacock Lane as shown on said aforementioned Tract Map; thence along said eastern right-of-way line of Peacock Lane [2] along a curve concave. to the southeast with a radius of 20.00 feet through a central angle of 91 ° 00' 00" and a distance of 31.77 feet; thence continuing along said eastern right-of-way line of Peacock Lane [3] South 10° 06' West 318.68 feet; thence [4] along a curve concave to the north with a radius of 40.00 feet through a central angle of 91 ° 00' 00" and a distance of 63.53 feet to the southeast corner of Parcel ~l"wo of said Lands of Van Der Burg; .. -i .. ;.:.;, raF..:. ;.i.. - n i thence Iea'Ving Said lii ~c Gf PeaCOCk Lane aioi ig the a~iau ivvea~Cr rl b0undaiy of rar%ei Two of Said Lands of Van Der Burg [5] North 78° 54' West 8.74 feet to the northeast corner of that certain annexation entitled `Peacock Lane No. 1,' and recorded as document number 14562220, Official Records of Santa Clara County; thence along said last mentioned boundary [6] North Z8° 54' West 20.00 feet to an angle point in the northeasterly line of that certain annexation entitled 'Bonnie Lane No. 4,' and recorded as document number 7660170 of Official Records, Santa Clara County Records, thence leaving said annexation line of Peacock Lane No.1 and along said annexation line of Bonnie Lane No. 4; the following courses and distances: [7] North 78° 54' West 138.74 feet to an angle point therein; EXHIBIT A [8] North 12° 00' East 8.83 feet to an angle point; [9]' North 78° 56' West 62.43 feet to an angle point; [10] North 10° 59' East 110.00 feet to an angle point; [11] North 9° 29' East. 75.00 feet to the southeastern corner of that certain annexation entitled `Shannon Road: No. 4;' thence leaving said annexation line of Bonnie Lane No. 4 and along the easterlyannexationline of said Shannon Road No. 4 [12] North 9° 29' East 216.00 feet to an angle point; thence [13] North 6° 12' 53"West 20.95 feet to an angle point in the southwesterly annexation line of said Blossom Hill No. 2; thence leaving said annexation line of Shannon Road No. 4 and along said annexation line of Blossom Hill No. 2 [14] South 78° 54' East 413.00 feet to an angle point; thence [15] South 10° 06' West 50.01 feet to the point of beginning, and Excepting therefrom Lots 7, 8 and 9, as said lots are shown and delineated on that certain Tract Map entitled 'Tract No. 527 A.C. Marsh Subdivision,' recorded July 12, 1948 in Book 18 of Maps at Page 51, Santa Clara County Records, and Being a parcel of 2.80 acres., more or less 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 any offer for sale of the land described. Surveyed and Compiled in July 2010 by Dunbar and Craig Land Surveys, Inc. File no. 2010-097 ~~ ~~pNAL LgNQ ~~ G~~~ G. dU~~ SGT °' No. 5695 ~ ~~ 9~fi ~F CALI~C~~\P .Drawn By JPH Checked By September 15, 2010 ---- CURT G. DUNBAR PLS 5615 RENEWAL DATE 9/30/12 CONSENT TO WAIVE PROTEST PROCEEDINGS This form must be completed by agencies losing or gaining territory if they desire that protest proceedings be waived. DESIGNATED TITLE OF PROPOSAL: Peacock Lane No. 2 Brief Description of Proposal; This proposal is to annex two parcels of residential property .and Peacock Lane right-of- way totaling 2.8 acres to the Town of Las Gatos. The land is contiguous to a Town boundary, within the Town's Urban Service Area boundary, not under the Williamson Act, does not create "islands", conforms to .lines of assessment and has less than 12 registered. voters. Address; 16417 Peacock Lane & 16200 Shannon Road, Los Gatos, CA 95032 Assessor's Parcel Number: 532-02-028 & 075 The County of Santa Clara, losing territory as a result of this proposal does hereby consent to the waiver of protest proceedings in accordance with Government Code Section 56663 {c) & (d). Signature of Autho d Representative ;~ ~~/~ Date Title of Representative Tn the case of inhabited (12 of more registered voters) or uninhabited city or district annexations or detachments or both, Sections 56663(c) & (d) of Government Code allows for waiver of protest proceedings if,• Uninhabited area [Sec. 56663(c)} AreRTwithless tban_12 registere~~_YOt_ers ___ _ ______ Iiiltabited area-[Sec. 56GG3(d)J _9rert~vitlz__1.2_or_mor~_register_erlwoters__ All owners of land within affected area consent to Town provided written notice (of project and Totivn~ annexation intent to not hold a protest proceeding) to all property owners and registered voters and if no written opposition is received from them prior to conclusion of meeting All affected agencies that gain or lose territory give .All affected agencies that gain or lose territory give written consent to waiver of protest proceedings written consent to waiver of protest proceedings If at the public hearing there is opposition expressed regarding the proposal or Town Coztncil's intent to >•vaive protest proceedings, then protest proceeding will be required. Enclosures: Detailed Map and Description of proposal N:~DE V~SUZANN~ANNE3CATION~PEAC OCKNO aU'EACOCKN02-S C C W.DOC Doc Created: 5/27/03 Attachment 2 THIS PAGE INTENTIONALLYLEFT BLAND` COl~fSElvT T® WAIVE PR®TEST PROCEEDINGS This form must be completed by agencies losing or gaining territory if they desire that protest proceedings be waived. .DESIGNATED TITLE OF PROPOSAL: Peacock Lane IVo. 2 Brief Description of Proposal: . This proposal is to annex two parcels of residential property and Peacock Lane right-of- way totaling 2.8 acres to the Town of Los Gatos. The land is contiguous to a Town boundary, within the Town's Urban Service Area boundary, not under the Williamson Act, does not create "islands", conformsto lines of assessment and has less than 12 registered voters. Address: 16417 Peacock Lane & 16209 Shannon Road, :Los Gatos, CA 95032 Assessor's Parcel Number: 532-02-028 & 0~5 The Santa Clara County Library Service Area, losing territory as a result of this proposal does hereby consent to the waiver of protest proceedings in accordance with Government Code Section 56663 (c) & (d). ~` ~ ,~ Signatu e of Authorized Representative Date Administrative Services Manager ITT In the ease of inhabited (12 of more registered voters) or uninhabited city or district. annexations or detachments or both, Sections 566b3(c) & (d) of Government Code allows for waiver of protest proceedings if.• [Ininhabited area (Sec. 56663(c)J Area-with Cess-ihan I2 registered-voters ~~-~- ~ Inhabited area [Sec. 56663(d)J `-gip ea -wi#Fa 12 or-moze registered voters ~~ All owners of land within affected area consent to Town provided written notice (of project and Towns annexation ' . intent to not hold a protest proceeding) to all property owners and registered voters and if no written opposition is received from them prior to conclusion of meeting All affected agencies that gain or lose territory give All affected agencies that gain or lose territory give written consent to waiver of protest proceedings written consent to waiver of protest proceedings If at the public hearing there is opposition expressed regarding the proposal or Town Council's intent to waive protest proceedings, then protest proceeding will be .required, Enclosures: Detailed Map and Description of proposal N:~DEV~SUZ ANNE~P.nnexatiofiPeacockNo.2U~ ee cockNo2-L W.dac Attachment 3 THIS PAGE INTENTIOIVALLYLEFT BLANK