07 Staff Report.Blackberry Hill Rd. No.06 Annexation - Intro w attachmentsPREPARED BY: Ryan Safty
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: 02/06/2024 ITEM NO: 6
DATE: February 1, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution to Set a Date for Consideration of the Reorganization of
an Uninhabited Area Designated as Blackberry Hill Road No. 06,
Approximately 2.1 Acres on Property Pre-Zoned HR-2½. APN 532-25-011.
Annexation Application AN23-001. Project Location: 15405 Blackberry Hill
Road. Property Owner/Applicant: Maurice Brewster.
RECOMMENDATION:
Adopt a resolution (Attachment 1) to set a date for consideration of the reorganization of an
uninhabited area designated as Blackberry Hill Road No. 06, approximately 2.1 acres, located at
15405 Blackberry Hill Road (APN 532-25-011).
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 within 300 feet of a Town boundary. Annexation has been requested in
conjunction with a future proposal for a new single-family residence. The total annexation area
(approximately 2.1 acres) includes no County street right-of-way.
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 (less than twelve registered voters) and all property owners have consented to the
PAGE 2 OF 2 SUBJECT: Blackberry Hill Road No. 06/AN23-001 DATE: February 1, 2024
BACKGROUND (continued):
annexation. This first meeting and resolution set the date for the consideration of the
annexation and the protest proceeding.
DISCUSSION:
The Town has received a petition requesting annexation to the Town of Los Gatos from Maurice
Brewster, owner of the property at 15405 Blackberry Hill Road. The property is located on the
southern side of Blackberry Hill Road in an unincorporated County pocket.
The property is in the Town's Urban Service Area, is contiguous to a Town boundary, and is Pre-
zoned HR-2½ (Hillside Residential, 2½ to 10 acres for each dwelling unit). Annexation would
allow Town services to be extended to the property and reduce an existing County pocket.
The Santa Clara County Planning Division was notified in writing of the annexation request. This
agenda item, if approved, would set the date for consideration of the annexation application
for February 20, 2024.
COORDINATION:
The preparation of this report was coordinated with the County of Santa Clara Infrastructure
Development Division, 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. Draft Resolution, with Exhibits A and B
2. Location Map
1 of 3
Draft Resolution 2024- Council Meeting Date
DRAFT RESOLUTION 2024-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS TO SET A DATE FOR CONSIDERATION OF THE REORGANIZATION OF AN UNINHABITED TERRITORY DESIGNATED AS BLACKBERRY HILL ROAD NO. 06 APN: 532-25-011 APPROXIMATELY 2. 1 ACRES ANNEXATION APPLICATION: AN23-001
PROPERTY LOCATION: 15405 BLACKBERRY HILL ROAD
PROPERTY OWNER/APPLICANT: MAURICE BREWSTER WHEREAS, the Town Council of the Town of Los Gatos has received a request for
annexation of territory designated as Blackberry Hill Road No. 06 from Maurice Brewster; and
WHEREAS, the property, is approximately 2.1 acres, located at 15405 Blackberry Hill
Road, APN: 532-25-011, is contiguous to a Town boundary, and within the Town’s Urban
Service Area; and
WHEREAS, no special district would be affected by the proposal; and
WHEREAS, the annexation would provide for use of Town services; and
WHEREAS, the Town Council enacted Ordinance 1453 in 1980 pre-zoning the subject
territory with an HR-2½ (Hillside Residential, 2½ to 10 acres for each dwelling unit) 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
boundaries to be definite and certain, and the proposal to be in compliance with LAFCO’s road
Draft Resolution to
be modified by Town
Council deliberations
and direction.
ATTACHMENT 1
2 of 3
Draft Resolution 2024- Council Meeting Date
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, 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 a public hearing.
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Los Gatos
hereby initiates annexation proceedings and will consider annexation of the territory
designated as Blackberry Hill Road No. 06 at its regular meeting on February 20, 2024.
3 of 3
Draft Resolution 2024- Council Meeting Date
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the ___ day of February, 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
Vicinity Map (not .. -)
APN 532-25-085
)
DISCLAIMER: FOR ASSESSMENT PURPOSES ONLY. THIS DESCRIPTIONOF LAND IS NOT A LEGAL PROPERTY DERSCRIPllON AS DEFINEDIN THE SUBDIVISION MAP ACT AND MAY NOT BE USED FOR TRANSFER, CONVEYANCE, SALE, OR ANY OTHER PURPOSES OTHERTHEN THOSE RELATED TO THE ANNEXATION.APN 532-25-055 MIREVAL RD. ANNEXATION NO. 2 APN 532-25-054
1. 2.
3. 4. 5. 6.
7. 8.
,...., ,....,, (S8f137'00"E)/l (212.50')
@
Point of Beginning
APN 532-25-011
Brewster Doc. No. 25314481
2.1 Acres.
Courses:
szoo 'oo ''W, 390. 68' szoo'oo'W. 38.32' S80'13'00"W, 88.28' N89'37 100'W, 41.28'
� Scale 1" = 60'
�
� � APN 532-25-010
� f:::: } 1--
�, ::::i �I
� APN 532-25-009
vi
N89'37'001'W, 84. 76' N2'00'00"E, 53.91' N2'00'00"E, 390.68'
-.....J..____-20' Ri2!:!_t �y--S89'37'00"£, 212.50' l (2) __} \ (38.32') --@ --✓--:Iiszoo' oo w)
(53.911
) --/ (NZ'00' 00" E} � ,. W ----
/ @(N8f137'00"W) 4 sact 13:J0
--=(84.76') (41.28'} (88•28·)
.....;;_J....:..::::._;:w._�'--==-4==---�PN 532-25-013 APN 532-25-012 LEGEND
EXHIBI "B"
BLACKBERRY HILL ROAD NO. 6 PROPOSED ANNEXATION TO THE TOWN OF LOS GATOSOF ASSESSOR'S PARCEL NUMBER532-25-011
Scale 1" = 60'11/8/2023
- - - -Boundary of prop. annex___ , Existing town limits- - - -Other property line-----Rignt of way line ----Abandoned parcel line
0 60 120
EXHIBIT B
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EXHIBIT ABlackberry Hill Road No. 62.1 acres +/-
Prepared for the Office of the County Surveyor November 8, 2023August Hanks, County Surveyor
County of Santa ClaraDepartment of Planning and DevelopmentCounty Government Center, East Wing70 West Hedding St., 7th FloorSan Jose, California 95110
Blackberry Hill Road No. 6
Unincorporated Lands
Area of Annexation
Incorporated Lands
ATTACHMENT 2
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