06 Staff Report LGB No.20 Annexation with attachments
PREPARED BY: Jocelyn Shoopman
Associate Planner
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Community Development
Department Director, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 1/16/2024 ITEM NO: 6
DATE: January 11, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Rescind Resolution 2023-063 and Adopt a Revised Resolution Making
Determinations and Approving the Reorganization of an Uninhabited Area
Designated as Los Gatos Boulevard No. 20, Approximately 0.521 Acres on
Property Pre-Zoned R-1:8. APN 523-01-001. Annexation Application AN22-
001. Project Location: 15810 Los Gatos Boulevard. Property
Owner/Applicant: Jesus Ching and Kathleen Ban.
RECOMMENDATION:
Rescind Resolution 2023-063 (Attachment 1) and adopt a revised resolution (Attachment 2)
making determinations and approving the reorganization of an uninhabited area designated as
Los Gatos Boulevard No. 20, approximately 0.521 acres, located at 15810 Los Gatos Boulevard
(APN 523-01-001) (Attachment 3).
BACKGROUND:
On October 17, 2023, the annexation was introduced at a Town Council meeting. On
November 7, 2023, the Town Council adopted a resolution making determinations and
approving the annexation request (Attachment 1).
DISCUSSION:
After the November 7, 2023, Town Council meeting, staff submitted certified copies of the
adopted Resolution approving the annexation, as well as the annexation description and map
to the Santa Clara County Local Agency Formation Commission (LAFCO) and the State Board of
Equalization for review and certification.
PAGE 2 OF 2 SUBJECT: Los Gatos Boulevard No. 20/AN22-001 DATE: January 11, 2024
DISCUSSION (continued):
On December 12, 2023, LAFCO notified the Town that revisions were required to the adopted
Resolution to remove reference to the County Library Service Area as it was dissolved by LAFCO
on May 13, 2023, as well as removing reference to the parcel being located within the County
Lighting Service Area.
CONCLUSION:
Council is being asked to rescind Resolution 2023-063 and adopt a revised resolution with the
corrections (Attachment 2).
COORDINATION:
The preparation of this report was coordinated with LAFCO, County of Santa Clara Assessor,
County of Santa Clara Surveyor, and the County of Santa Clara Planning Division.
FISCAL IMPACT:
Once the annexation is certified by the State Board of Equalization, the Town will receive
approximately 9.3 percent of the property taxes.
ENVIRONMENTAL ASSESSMENT:
The project is exempt pursuant to the California Environmental Quality Act Guidelines under
Section 15061(b)(3): Review for Exemption, in that it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment. A
Notice of Exemption will not be filed.
Attachments:
1. Resolution 2023-063
2. Revised Resolution, with Exhibit A - Geographic Description, and Exhibit B - Plat Map
3. Location Map
ATTACHMENT 1
This Page
Intentionally
Left Blank
1 of 5
Draft Resolution Date
DRAFT RESOLUTION 2024- 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
ATTACHMENT 2
2 of 5
Draft Resolution Date
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;
3 of 5
Draft Resolution Date
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
4 of 5
Draft Resolution Date
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.
5 of 5
Draft Resolution Date
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:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
EXHIBIT A
LOS GATOS BOULEY ARD NO. 20
ANNEXATION TO THE TOWN OF LOS GATOS
GEOGRAPHIC 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 sais Lot 9 North 80°23'00" West, 104.35 feet to the Point of Beginning.
EXHIBIT A
EXHIBIT B
This Page
Intentionally
Left Blank
LosGatos
LILAC WAY
FA
R
L
E
Y
R
D
CHIRCODR
LE
R
O
Y
A
V
E
FR
A
N
K
A
V
E
PLA
C
E
R
O
A
K
S
R
D
L O S G A T O S A L M A D E N R D
LOS GATOS BLVDCAMELLIATEROLEANDER A
V
E
CO
RCELCTCARLTONAVEBENEDICT LNPEACH BLOSSOM
LN
N B L O S G A T O S T O E B LG -A LM A D E N
APPLEBLO S S O M L N
FARNHAM LNCHERRYSTO
N
E
D
R
¯
0 150
Feet
SARATOGA
·|}þ17
·|}þ85
LOSGATOS
SANJOSE
Prepared for the Office of the County SurveyorSeptember 5, 2023August Hanks, County Surveyor
EXHIBIT ALos Gatos Boulevard No. 200.521 acres +/-
County of Santa ClaraDepartment of Planning and DevelopmentCounty Government Center, East Wing70 West Hedding St., 7th FloorSan Jose, California 95110
Los Gatos Boulevard No. 20
Unincorporated Lands
Area of Annexation
Incorporated Lands
ATTACHMENT 3
This Page
Intentionally
Left Blank