Staff ReportDATE:
TO:
FROM:
SUBJECT:
MEETING DATE: 11/17/15
ITEM NO.
COUNCIL AGENDA REPORT
November 17, 2015
MAYOR AND TOWN COUNCIL
a
LAUREL PREVETTI, TOWN MANAGER
ADOPT A RESOLUTION MAKING DETERMINATIONS AND
APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED
AS LINDA AVENUE NO. 4, APPROXIMATELY 0.23 ACRES LOCATED
AT 15951 LINDA AVENUE. APN 523-25-025. FILE #AN15-001.
RECOMMENDATION:
Adopt a resolution making determinations and approving the reorganization of territory
designated as Linda Avenue No. 4, approximately 0.23 acres, located at 15951 Linda Avenue
(APN 523-25-025); FILE #AN15-001.
BACKGROUND:
The Town has an agreement with Santa Clara County that requires annexation of any property
located within the Town's Urban Service Area boundary that is either contiguous to a Town
boundary or within 300 feet of a Town maintained roadway if a use is proposed to intensify. The
subject property is contiguous to a Town boundary. Annexation has been requested in
conjunction with a proposal to demolish an existing single-family residence and construction of a
new single-family residence on the property.
Section 56757 of the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000
gives cities in Santa Clara County the authority to annex territory without application to and
hearing by the Santa Clara County Local Agency Formation Commission (LAFCO).
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 annexation. This annexation was
introduced at the November 3, 2015 Town Council meeting and the protest proceedings are set
for November 17, 2015.
PREPARED BY: JOEL PAULSON
Planning Managere�t�" s'
Reviewed byrjbAssistant Town ManageA�_Town Attorney Finance
N:\DEV\TC REPORTS\2015\Linda No 4PP.docx Reformatted: 5/30/02 Revised: 11/10/15 10:07 AM
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: LINDA AVENUE NO. 4/AN15-001
NOVEMBER 17, 2015
DISCUSSION:
The Town has received a petition requesting annexation to the Town of Los Gatos from Amir
Moeini, owner of the property at 15951 Linda Avenue. The property is located on the east side
of Linda Avenue in an unincorporated County pocket.
The property is in the Town's Urban Service Area, is contiguous to the Town boundary, and is
pre -zoned R-1:8 (single-family residential, 8,000 square foot minimum lot size). Annexation
would allow Town services to be extended to the property and reduce an existing County pocket.
Since this is an 100% consent, uninhabited annexation (less than twelve registered voters), a
public hearing is not required. Required notice of the annexation was provided to Santa Clara
County Planning and the County Library Service Area.
COORDINATION
The preparation of this report was coordinated with the Santa Clara County Library District,
LAFCO, County of Santa Clara County Assessor, County of Santa Clara County Surveyor, and
the Santa Clara County Planning Division.
FISCAL IMPACT
Once the annexation is certified by the State Board of Equalization, the Town will receive 9.6%
of the property taxes.
ENVIRONMENTAL ASSESSMENT:
This is a project as defined under CEQA, but is Categorically Exempt under Section
15061(b)(3). A Notice of Exemption will not be filed.
Attachments:
1. Location Map
2. Resolution making determinations and approving the reorganization of territory designated as
Linda Avenue No. 4, including Exhibits A and B.
Distribution:
Amir Moeini, 15951 Linda Avenue, Los Gatos, CA 95032
Amir Moeini, 1610 Blossom Hill Road #2, San Jose, CA 95124
RESOLUTION 2015 -
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
MAKING THE DETERMINATIONS AND APPROVING THE
REORGANIZATION OF UNINHABITED TERRITORY DESIGNATED AS
LINDA AVENUE NO.4
PROPERTY LOCATED AT 15951 LINDA AVENUE
APPROXIMATELY 0.23 ACRES (APN: 523-25-025)
ANNEXATION APPLICATION: AN15-001
PROPERTY OWNER: AMIR MOEINI
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
0.23 acres located at 15951 Linda Avenue (APN 523-25-025), has been filed by Amir Moeini;
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 Government 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 if
initiated by resolution of the legislative body and therefore the Town Council of the Town of Los
Gatos is now the conducting authority of said 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; 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 Linda Avenue No. 4, more particularly described in
Exhibits A and B;
ATTACHMENT 2
2. That the following findings are made by the Town Council of the Town of Los Gatos:
a. Said territory is uninhabited and comprises approximately 0.23 acres.
b. 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 the California Environmental Quality Act (CEQA) under
Title 14 Code of Regulations, Chapter 3: Guidelines for the Implementation of CEQA
Section 15061(b)(3): Review for Exemption.
d. The Town Council enacted Ordinance 1267 in 1975 pre -zoning the subject territory
with an R-1:8 (single-family residential, 8,000 -square foot minimum lot size) zoning
designation.
e. The territory is within the Town's Urban Service Area as adopted by the Local
Agency Formation Commission of Santa Clara County.
f. 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 has been reimbursed for the actual cost incurred by
the County Surveyor in making this determination.
g. The proposed annexation will not create an island, and will facilitate provision of
efficient municipal services.
h. The proposed annexation does not split lines of assessment or ownership.
i.The proposed annexation is consistent with the Town's General Plan.
j. The territory to be annexed is contiguous to a Town boundary.
k. The Town has complied with all conditions imposed by the Commission for inclusion
of the territory in the Town's Urban Service Area.
3. That all owners of land within the affected territory have provided written consent to the
reorganization and no subject agency has submitted written opposition to a waiver of protest
proceedings.
4. Pursuant to Section 56663(c) the Town waives protest proceedings.
5. That upon completion of these reorganization proceedings the territory described in Exhibit
A will be annexed to the Town of Los Gatos and will be detached from the Santa Clara
County Library Service Area.
6. 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 AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 17th day of November, 2015, 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
NADEV\RES0S\2015\LINDANo 4-Adopt.docx
July 9, 2015
"EXHIBIT A"
LEGAL DESCRIPTION
ANNEXATION TO: TOWN OF LOS GATOS
NAME OF ANNEXATION:
MEI Job No. 15062
(See Mission Engineers, Inc. Drawing No S-14625 "EXHIBIT B")
Real property in the unincorporated area of the County of Santa Clara, State of
California, being a portion of Lot 4 as shown on that certain map entitled, "TRACT NO.
344" recorded on November 24, 1947 in Book 15 of Maps, Page 3, Santa Clara County
Records and described as follows:
Beginning at a point on the Southwesterly line of Linda Ave, where the same is
intersected by the dividing line between Lots 3 and 4 as shown on said map, said Point of
Beginning lying Northerly 280 feet more or less from the northerly boundary line of
Annexation Winterbrook No. 1 being the Northerly boundary line of Blossom Hill Road;
1. Thence, from the Point of Beginning along said Southwesterly line of Linda Ave.
North 21°47'00" West, 56.00 feet;
2. Thence, along a line drawn parallel to the dividing line between said Lots 3 and 4,
South 68°13'00" West, 176.65 feet to the Southwesterly line of said Lot 4;
3. Thence, along the Southwesterly line of said Lot 4, South 12°45'00" East, 56.70 feet
to the most southerly corner of said Lot 4;
4. Thence, along said dividing line between Lots 3 and 4, North 68°13'00" East, 185.55
feet to the Point of Beginning and containing 0.2328 acres, more or less.
P E A,
kL�V
EXHIBIT A
LEGEND
BOUNDARY LINE OF PROPOSED ANNEXATION
1@ COURSE NUMBER IN LEGAL DESCRIPTION
RECORDED BOUNDARY DATA PER
DEED DOC. NO. 22928548 O
v
APN 523-25-035
— —
APN 523-25-034 W
8
;2I Vl
APN 523-25-033 '
I
11)
SCALE: 1'-40'
I
rh APN 523-25-024
S 68'13'00' W
0 2@176.65'
0.2328± ACRES
v APN 523-25-025
R GREEN HOUSE PROPERTIES INC.
POINT OF BEGINNIN
K,
N 6813'00' E
APN 523-25-026
_ -�
TOWN LIMITS AS ESTABl1SHE[
KNEW CSG OWE
RESPONS
*2355 De La Cruz Blvd. Santa Clara, Calif 95050
LOT 1
R=20'
BLOSSOM HILL LRD.
=�lN��g �11V `V' o
RELIABLE RESULTS SINCE 1953
3) 727-8262 FAX:(408) 727-8285
P
LOCATION MAP
I Q�OpOESS/p��
Q'R0. 21500
Z Exp. 09-30-k5
J Jj 0I VI\
I I 9lF OF CA00'
I I
"EXHIBIT B"
PROPOSED ANNEXATION
PORTION RANCHO RINCONADA
TO TOWN OF LOS GATOS
COUNTY OF SANTA CLARA, CALIFORNIA
ENTITLED LINDA AVE. NO. ?
117
x
CC
EE
LEGEND
BOUNDARY LINE OF PROPOSED ANNEXATION
— — — — — EXISTING LOS GATOS TOWN LIMIT LINE
/^���
10 COURSE NUMBER IN GEOGRAPHIC DESCRIPTION
�A�'
1 OTEi. V
RECORDED BOUNDARY DATA PER
DEED DOC. NO. 22928548 I SkgyN s BLOy$
O SCALE: 1'-40' I Rp HILL �.
I �O
APN ±34
TOWN LIMITS AS ESTABLISHED
BY LINDA AVE NO. 2APN 523-25-024 LOCATION MAPN 88'13'00' E30178.85'---APN 5)25 35'0.2328± ACRES "' I � pOESS/APN 523-25-025 g I$GREEN HOUSE PROPERTIES INC. POINT OF BEGINNING I Q N0. 21500185.55' ZExp.030 17S 8893'00' W I J I rl�l CI V Iv
APN 523-25-026 OAS\FAQ
APN 523-25-033 •I
O r------------ -� I
-'j
DISCLAIMER: I TOW LIMIAVES E 1ABL.ISHEDBY � I
'FOR ASSESSMENT PURPOSES ONLY. THIS DESCRIPTION I LOT 1
OF LAND IS NOT A LEGAL PROPERTY DESCRIPTION AS "EXHIBIT B"
DEFINED IN THE SUBDIVISION MAP ACT AND MAY NOT BE
USED AS THE BASIS FOR AN OFFER FOR SALE OF THE PORTION RANCHO RINCONADA
LAND DESCRIBED.' �� _ �� _z =DE LOS GATOS
TOWN LIMITS AS ESTABLISHED BY NANTERBROOK NO. 1 ANNEXATION — PROPOSED ANNEXATION
BLOSSOM HILL RD. TO TOWN OF LOS GATOS
COUNTY LCALIFORNIA NS990H ERIHEE-09ENTITLED LINDA AVE. NO.
RESPONSIVE, RELIABLE RESULTS SINCE
1953 1 DATE: 9-15-15 1 SCALE: 1 "=40
*2355 De La Cruz Blvd. Santa Clara, Calif 95050 (408) 727-8262 FAX:(408) 727-8285 _ JOB NU. 15062 I DWG NO. 514625 MFRO