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2024-002 - Reorganizing Uninhabited Area Los Gatos Blvd No. 20RESOLUTION 2024-002 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RESCINDING RESOLUTION 2023-063, MAKING DETERMINATIONS, AND APPROVING THE REORGANIZATION OF AN UNINHABITED TERRITORY DESIGNATED AS LOS GATOS BOULEVARD NO. 20 APN: 523-01-001 APPROXIMATELY 0.521 ACRES ANNEXATION APPLICATION: AN22-001 PROPERTY LOCATION: 15810 LOS GATOS BOULEVARD PROPERTY OWNER/APPLICANT: JESUS CHING AND KATHLEEN BAN WHEREAS, the Town Council of the Town of Los Gatos has received a request for annexation of territory designated as Los Gatos Boulevard No. 20 from Jesus Ching and Kathleen Ban; and WHEREAS, the property, is approximately 0.2629 acres and includes 0.2581 acres of County street right-of-way for a total of 0.521 acres located at 15810 Los Gatos Boulevard, APN: 523-01-001, is contiguous to a Town boundary and within the Town's Urban Service Area; and WHEREAS, the annexation would provide for use of Town services; and WHEREAS, 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; 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 description and map (Exhibits A and B) to be in accordance with Government Code Section 56757, the 1of5 Resolution 2024-002 January 16, 2024 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 Council 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, the Town Council held a public hearing to hear any protests on November 7, 2023. WHEREAS, the Town Council adopted Resolution 2023-063 to approve the reorganization; WHEREAS, Resolution 2023-063 contains references to the County Library Service Area and the County Lighting Service Area; WHEREAS, the Local Agency Formation Commission stated that the Resolution should not contain references to the County Lighting Service Area and the County Library Service Area because it was dissolved by LAFCO on May 13, 2023; WHEREAS, on January 16, 2024, the Town Council held a public hearing to consider the recission of Resolution 2023-063 and the replacement resolution. NOW, THEREFORE, BE IT RESOLVED, that the that the Town Council of the Town of Los Gatos does as follows: 1. That it rescinds Resolution 2023-063; 2 of 5 Resolution 2024-002 January 16, 2024 2. That it is the conducting authority pursuant to Section 56757 of the Government Code for the annexation of property designated as Los Gatos Boulevard No. 20, more particularly described in Exhibits A and B; 3. That the following findings are made by the Town Council of the Town of Los Gatos: a. Said territory is uninhabited and comprises approximately 0.521 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 area in which it would be difficult to provide 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 located within 300 feet of a Town boundary; and k. The Town has complied with all conditions imposed by the Commission for inclusion of the territory in the Town's Urban Service Area. 4. That all owners of land within the affected territory have provided written consent to the reorganization and no protests have been received; and 3 of 5 Resolution 2024-002 January 16, 2024 5. 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. 4 of 5 Resolution 2024-002 January 16, 2024 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 16th day of January 2024, by the following vote: COUNCIL MEMBERS: AYES: Maria Ristow, Rob Rennie, Rob Moore, Matthew Hudes, Mayor Mary Badame NAYS: None ABSENT: None ABSTAIN: None ATTEST: TOWN CLEF,'`KOF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: 1 / lt11e04e'lq SIGNED: MAYMHE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: D/ 117/2492Y 5 of 5 Resolution 2024-002 January 16, 2024 EXHIBIT A LOS GATOS BOULEVARD NO. 20 ANNEXATION TO THE TOWN OF LOS GATOS GEOGRAPIIIC DESCRIPTION All that certain real property lying in the Rancho Rinconada De Los Gatos, County of Santa Clara, State of California, being more particularly described as follows: Beginning at the southwest corner of Lot 9 of Tract 649, Recorded October 17, 1949 in Book 24 of Maps at Page 32-33, in the Office of the County Recorder of said Santa Clara County, said Point of Beginning being on the easterly line of Los Gatos Boulevard and Bascom Avenue(Parcel Number 2) Annexation as passed and adopted January 25, 1969, Thence, (1) along the easterly line of said annexation and the westerly line of said Lot 9 North 20°44'00" East, 110.94 feet; Thence, (2) along the westerly and northerly line of said Lot 9 and the easterly line of said annexation along a tangent curve to the right, concave to the southeast, having a radius of 20.00 feet, having an included angle of 78°53'00", an arc length of 27.54 feet; Thence, (3) leaving said northerly line of Lot 9 and continuing along the easterly line of said annexation North 09°37'00" East, 30.00 feet to the centerline of Farley Road, being the most northeasterly corner of said annexation and on the southerly line of Blossom Hill Manor Number One Annexation as passed and adopted June 15, 1959; Thence, (4) along the centerline of Farley Road and the southerly line of last said annexation South 80°23'00" East, 116.83 feet; Thence, (5) along the easterly line of last said annexation North 20°44'00" East, 30.57 feet to the northerly right of way line of Farley Road and the southwest corner of Lot 8 of said Tract 649; Thence, (6) leaving last said annexation and along said right of way line of Farley Road and the southerly line of said Lot 8 South 80°23'00" East, 110.94 feet; Thence, (7) along said right of way line and southerly line of said Lot 8 around a tangent curve to the left, concave to the northwest, having a radius of 20.00 feet, an included angle of 78°53'47", and an arc length of 27.54 feet; Thence, (8) South 20°43'47" West, 101.91 feet to a point on the westerly right of way line of Camellia Terrace as shown on the Map of said Tract 649; Thence, (9) along said right of way line along a non tangent curve to the left, concave to the southwest, whose center bears North 69°16'00" West, having a radius of 20.00 feet, and included angle of 101 °06'34", and an arc length of 35.29 feet; Thence, (10) along the southerly right of way line of Farley Drive and the northerly line of Lots 10 and 11 of said Tract 649 North 80°23'00" West, 150.69 feet to the northeast corner of aforesaid Lot 9 of Tract 649; Thence, (11) along the easterly line of said Lot 9 South 09°37'00" West, 125.00 feet to the southeast corner of said Lot 9; Thence, (12) along the southerly line of said Lot 9 North 80°23'00" West, 104.35 feet to the Point of Beginning. EXHIBIT A Page 1 of 2 Area of Proposed Annexation: 22,701 sq. ft. of land, more or less (0.521 acres) For assessment purposes only. This description of land is not a legal property description as defined, in rj Subdivision 11Jp-Act and may not be used as a basis for an offer for the sale Page 2 of 2 FRAM (#) APN POB (R) ROAD SOT ,RgCT 649 6 (fo) RI,0 sOfbf HILL MLor1001-002 , N0!` l;Nrr 523 APN / LOT 11 523 ��N003 MANOR, LIA:17' APN 523-01-005/ APN 523-01-006 ' APN 523-01-007 O ti APN v 523 A01N 004 523-01-009 APN 523-01-008 LEGEND COURSE PER GEOGRAPHIC DESCRIPTION ASSESSOR'S PARCEL NUMBER POINT OF BEGINNING RADIAL EXISTING LOT LINE EXISTING CENTERLINE EXISTING RIGHT—OF—WAY EXISTING TOWN BOUNDARY PROPOSED TOWN BOUNDARY -7 i 0 100 200 SCALE: 1 "=100' LINE BEARING DISTANCE (1) N20'44'00"E 110.94' (3) N09'37'00"E 30.00' (4) S80'23'00"E 116.83' (5) N20'44'00"E 30.57' (6) S80'23'00"E 110.94' (8) S20'43'47"W 101.91' (10) N80'23'00"W 150.69' (11) 509'37'00"W 125.00' (12) N80'23'00"W 104.35' CURVE RADIUS DELTA LENGTH (2) 20.00' 78'53'00" 27.54' (7) 20.00' 78'53'47" 27.54' (9) 20.00' 101'06'34" 35.29' EXHIBIT B PREP. RI?1) BY: fl STERLING CONSULTANTS C31 46560 PRFMONT 131.1'D, SL'I'I'1. 20 l'Rl \10NT, CA 94538 1 stcrlingconsukants/ L:gmail.com P(IO\F,: 5111344.S656 EXHIBIT B PLAT TO ACCOMPANY GEOGRAPHIC DESCRIPTION LOS GATOS BOULEVARD NO. 20 ANNEXATION SANTA CLARA COUNTY RECORDS SCALE: 1 "=100' DATE: AUGUST 25, 2023 PAGE: 1 of 1 CITY OF LOS GATOS - PUBLIC WORKS DEPARTMENT 41 MILES AVENUE. LOS GATOS. CA 95030. PH (408) 399-5770 DWG BY: CHK: DSK HRK