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24 Staff Report - Annexation Requirementsoy TOWN OF LOS GATOS Council Agenda Report DATE: December 13, 1990 TO: MAYOR AND TOWN COUNCIL FROM: TOWN MANAGER Council Agenda Date: 12/17/90 Item: ci SUBJECT: CONSIDERATION OF RESOLUTION AUTHORIZING TOWN MANAGER TO SIGN AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND SANTA CLARA COUNTY REGARDING ANNEXATION REQUIREMENTS. RECOMMENDATION: 1. Adopt Draft Resolution authorizing Town Manager to execute agreement between the Town and Santa Clara County regarding annexation requirements. 2. Forward letter and draft agreement to Supervisor Suzanne Wilson. REMARKS: The Town has traditionally been concerned with the development that occurs in the unincorporated areas of the County, both in the island pockets and in the foothills adjacent to the Town where development has some level of impact on the Town and is in the area covered by the joint Hillside Specific Plan. The County has zoned the majority of these parcels -cs (City Services Combining Zoning District) and the Town has prezoned the parcels to reflect the parcel's zoning when annexed. As stated in the Santa Clara County Code, the purpose of the -cs zoning district is "to promote city annexation of unincorporated land within urban service areas, the reduction of duplicating governmental services, the improvement of land use planning, citizen's participation in city government and the equitable sharing of the costs of urban services." It appears that the County has recently changed their annexation requirements to not require annexation of annexable parcels proposed for development if the parcel had an approved building site noted on a parcel or final map. This change is contrary to County and Town policy. Therefore, the Town is pursuing the adoption of an annexation agreement between the Town and County regarding annexation requirements (Attachment 2). The adoption of an agreement will alleviate any discrepancies the Town and County have on when annexations are required which in turn will streamline the process for an applicant. This agreement will basically state the following: PREPARED BY: LEE E. BOWMAN Planning Director' LEB:SLB:cher C5\CNCLRPTS\12-17#6.PLN Reviewed by: (Continued on page 2) Attorney Finance Manager TOWN COUNCIL ACTION DIRECTED TO: ACTION OF COUNCIL: COMMENTS: PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: AGREEMENT WITH THE TOWN AND S. C. CO. REGARDING ANNEXATION REQUIREMENTS DECEMBER 17, 1990 Annexable properties are located within the Town's Urban Service Area and Sphere of Influence boundaries and are contiguous to the Town. Under Section 56301(b) of the Government Code, property is considered contiguous if it's connected by a strip of land less than 300 feet in length and more than 200 feet wide. 1. Annexation of unincorporated land within the TOWN'S Urban Service Area Boundary shall be encouraged. 2. The COUNTY agrees: a. To require all County parcels which are contiguous to Town boundaries, or annexable within the TOWN'S Urban Service Area and subject to development, to annex to the TOWN if the proposed development will result in an intensification of land use which will require a greater need for services than what previously existed. b. To require all County parcels which are required to annex to the TOWN, to process all development permit applications with the TOWN. c. To permit County property owners who submit an annexation petition to the TOWN to process all permits, including Building Permits, through the TOWN, even prior to completion of the annexation process. 3. The TOWN agrees to allow the COUNTY to continue all inspections of Building Permits issued by the COUNTY if the property owner has submitted an annexation petition to the TOWN subsequent to the issuance of County permits. ATTACHMENT: 1. Letter to Supervisor Suzanne Wilson. 2. Draft Resolution authorizing the Town Manager to execute annexation requirement agreement with the County of Santa Clara. 3. Draft Annexation Requirement Agreement. TOWN of LOS GATOS December 13, 1990 Honorable Suzanne Wilson Board of Supervisors County of Santa Clara 70 West Hedding Street, East Wing 10th Floor San Jose, CA 95110 RE: ANNEXATION REQUIREMENTS Dear Supervisor Wilson: The Town has traditionally been concerned with the development that occurs in the unincorporated areas of the County, both in the island pockets and in the foothills adjacent to the Town where development has some level of impact on the Town. The County has zoned the majority of these parcels -cs (City Services Combining Zoning Districts) and the Town has prezoned the parcels to reflect the parcel's zoning when annexed. As stated in the Santa Clara County Code, the purpose of the -cs zoning district is "to promote city annexation of unincorporated land within urban service areas, the reduction of duplicating governmental services, the improvement of land use planning, citizen's participation in city government and the equitable sharing of the costs of urban services." Historically, the Town and the County required the annexation of all County parcels which are subject to development to the Town if the parcel is within the Town's Urban Service Area and Sphere of Influence boundaries and are contiguous to the Town; or separated from the Town by the width of a public street or highway; or located within territory entirely surrounded by one (1) or more cities and adjoining a portion of a public street or highway which is no more than three hundred (300) feet in length connecting the parcel to territory within the Town. To reduce duplication of governmental services, the Town would review and process the design review applications for County parcels which are required to be annexed and are proposed for development. Based on what was popularly assumed to be County policy, once approval has been received for design review it had been the Town's policy to permit these property owners to file for building permits with the Town if a petition for annexation has been submitted to the Town. Apparently the Town's policy does not now coincide with the annexation requirements of the County of Santa Clara. Therefore, the Town is requesting that the County amend their annexation requirements to permit County property owners to file for building permits with the Town if a petition for annexation has been submitted to the Town. This request will not change any jurisdictional services since the policy is currently being practiced. It appears that the County has recently changed their annexation requirements to not require annexation of annexable parcels proposed for development if the parcel had an approved building site noted on a parcel or final map. This change is contrary to Town policy for requiring annexation. As a reminder, when the County adopted the ordinance requiring annexation (Section 36-5 of the County's Zoning Ordinance), a provision was to be included exempting properties with previous County approvals for a two-year period. That two-year provision does not appear in the current ordinance. However, the Town was assured by the Board at that time that after the two-year period all contiguous properties subject to development would be required to be annexed. Therefore it is requested that the County's annexation procedures be amended to reflect what was originally agreed upon by requiring that all annexable County properties which are within the Town's Urban Service Area and Sphere of Influence boundaries and in the area covered by the Joint Hillside Specific Plan which are subject to development be required to annex. This would include parcels over 2.5 acres and parcels with approved building sites on parcel maps or final maps. CIVIC CENTER • 110 EAST MAIN STREET • P.O. BOX 949 • LOS GATOS, CALIFORNIA 95031 Honorable Suzanne Wilson RE: ANNEXATION REQUIREMENTS December 13, 1990 Page 2 Attached for the Board's consideration is a draft annexation agreement between the County and the Town reflecting both jurisdiction's concerns. The adoption of an agreement will alleviate any discrepancies the Town and County have on when annexations are require which in turn will streamline the process for an applicant. Thank you for your assistance in this matter and if your have any questions, please feel free to call Lee Bowman at the Planning Department. Very truly yours, Brent N. Ventura Mayor BNV:SLB:cher L5\reports\annex.agr RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING AN AGREEMENT WITH SANTA CLARA COUNTY REGARDING ANNEXATION REQUIREMENTS BE IT RESOLVED, by the Town Council of the Town of Los Gatos that the Town enter into an agreement with the County of Santa Clara regarding annexation requirements, and that the Town Manager is authorized, and is hereby directed, to execute said agreement in the name and in behalf of the TOWN OF LOS GATOS. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos this day of , 1990 by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA C5\CNCLRPTS\12-17#6.PLN AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND SANTA CLARA COUNTY REGARDING ANNEXATION REQUIREMENTS This Agreement is entered into this day of , 1990, by and between the COUNTY OF SANTA CLARA (herein referred to as "COUNTY"), and the TOWN OF LOS GATOS, (herein referred to as "TOWN"). WHEREAS, the COUNTY and the TOWN find and declare that orderly growth and development are essential to proper land utilization and to the social, fiscal, and economic well-being of the COUNTY and that unincorporated urban development in an urban service area interferes with orderly growth, preservation of open space and the efficient and economic utilization of community resources; and, WHEREAS, the COUNTY and the TOWN further find and declare that inhabitants residing in an urban service area of the TOWN have a community of interest with the TOWN and should be a part of the TOWN so that they may receive necessary Town services as well as participate and contribute to the resolution of social, political, land use and economic issues of their urban community; and, WHEREAS, the COUNTY and the TOWN further find and declare that urban development should be discouraged in areas lying outside the urban service area boundaries and that, when urban development is deemed to be desirable, such urban development should occur within the urban service area of the Town in order to discourage premature and unnecessary conversion of open space outside the urban service area. WHEREAS, the COUNTY and the TOWN find and declare that annexable properties are those parcels which are in the Town's Urban Service Area and Sphere of Influence boundaries which are contiguous to the Town as defined in the Cortese -Knox Local Government Reorganization Act and Government Code Section 56031. AcPi",iz 6T 31 NOW, THEREFORE, IT IS AGREED: 1. Annexation of "annexable properties" within the TOWN'S Urban Service Area Boundary shall be encouraged. 2. Through this agreement the COUNTY agrees: a. To require all County parcels which are contiguous to Town boundaries, and subject to development, to annex to the TOWN if the proposed development will result in an intensification of land use which will require a greater need for services than what previously existed. b. To require all parcels within the unincorporated area which are required to annex to the TOWN to process all development permit applications with the TOWN. c. To permit owners of property in the unincorporated area who submit an annexation petition with the TOWN to process all permits, including building permits, through the TOWN even prior to completion of the annexation process. 3. Through this agreement, the TOWN agrees to allow the COUNTY to continue all inspections of Building Permits issued by the COUNTY if the property owner has submitted an annexation petition to the TOWN subsequent to the issuance of the Building Permit. Page 2 of 3 IN WITNESS WHEREOF, the COUNTY and TOWN have caused this agreernent to be executed by their respective duly authorized officers. Approved as to Form: Mary Jo Levinger, Town Attorney County Counsel Town Manager Chair, Board of Supervisors Town of Los Gatos Santa Clara County ATTEST: Clerk of the Town of Los Gatos, Los Gatos, California Marian V. Cosgrove, Town Clerk LS\rcports\an ncx.Agr Page 3 of 3 RESOLUTION 1990-251 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING AN AGREEMENT WITH SANTA CLARA COUNTY REGARDING ANNEXATION REQUIREMENTS BE IT RESOLVED, by the Town Council of the Town of Los Gatos that the Town enter into an agreement with the County of Santa Clara regarding annexation requirements, and that the Town Manager is authorized, and is hereby directed, to execute said agreement in the name and in behalf of the TOWN OF LOS GATOS. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos this 17th day of December, 1990 by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Eric D. Carlson, Mayor Brent N. Ventura NAYS: None ABSENT: None ABSTAIN: None SIGNED: /s/ Brent N. Ventura MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA C5\CNCLRPTS\ 12-17#6. PLN December 17, 1990 Los Gatos, California KNOWLES DRIVE/COUNTY PROPERTY/AGREEMENT/RESOLUTION 1990-248 MID -PENINSULA HOUSING COALITION/WEST VALLEY OPEN DOORS Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1990-248 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO SIGN A' XGREEMENT WITH MID -PENINSULA HOUSING COALITION AND WEST VALLEY OPEN DOORS FOR THE PROVISIONS OF A LOW INCOME HOUSING PROJECT ON KNOWLES DRIVE IN LOS GATOS. Carried unanimously. KNOWLES DRIVE/COUNTY PROPERTY/AGREEMENT/RESOLUTION 1990-249 MID -PENINSULA HOUSING COALITION/COUNTY OF SANTA CLARA Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1990-249 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE MAYOR TO SIGN AN OPTION AGREEMENT WITH THE COUNTY OF SA N TA CLARA A.` D MID - PENINSULA HOUSING COALITION FOR THE SALE OF C SJNTY PROPERTY ON KNOWLES DRIVE. Carried unanimously. HISTORIC COMMERCIAL DISTRICT/NATIONAL REGISTER/RESOLUTION 1990-250 Motion by Mrs. Benjamin. qe rnded by Mr. Blanton, that Council adopt Resolution 1990-250 entitled, RESOLUTION OF THE TOWN OF LOS GATOS INDICATING INTENT TO ESTABLISH A NATIONAL REGISTER HISTORIC DISTRICT IN THE DOWNTOWN COMMERCIAL AREA, Carried unanimously. Motion by Mrs. Benjamin. 'conded by Mr. Blanton, that Council direct staff to prepare a contract between the Town and Anne Bloomfield for consideration at the January 7, 1991 Council meeting. Carried unanimously. ANNEXATION REQUIREMENTS/AGREEMENT/SANTA CLARA COUNTY AN TOWN RESOLUTION 1990-251 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Rey ution 1990-251 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING A-N AGREEMENT WITH SANTA CLARA COUNTY REGARDING ANNEXATION REQUIREMENTS, Carried unanimously. CEQUA/PROCEDURES REVISION/RESOLUTION 1990-252 THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1990-252 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING ENVIRONMENTAL REVIEW PROCEDURES, Carried unanimously. POLICE RECORDS CLERK/COMMENDATION/LOUISE MEINEKE/RESOLUTION 1990-253 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1990-253 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING POLICE RECORDS CLERK LOUISE MEINEKE FOR EXEMPLARY SERVICE TO THE TOWN. Carried unanimo _sly. TC:D1:MM121790 6