16 Staff Report Blackberry Hill Rd. No.06 Annexation - Adopt 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: 02/20/2024 ITEM NO: 16
DATE: February 15, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Hear Protests and Adopt a Resolution Making Determinations and Approving
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:
Open public hearing to hear any protests and adopt a resolution (Attachment 1) making
determinations and approving 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 contiguous to a Town boundary. 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).
Annexation has been requested by the property owner of 15405 Blackberry Hill Road in
anticipation of a future application for a new single-family residence. The total annexation area
(approximately 2.1 acres) includes no County street right-of-way.
PAGE 2 OF 2 SUBJECT: Blackberry Hill Road No. 06/AN23-001 DATE: February 15, 2024
BACKGROUND (continued):
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
annexation. This annexation was introduced at the February 6, 2024, Town Council meeting
and the protest proceedings are set for February 20, 2024.
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.
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. Resolution, with Exhibits A and B
2. Location Map
1 of 4
Draft Resolution 2024- Date
DRAFT RESOLUTION 2024- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
MAKING DETERMINATIONS AND APPROVING 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 districts 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 4
Draft Resolution 2024- 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, the Town Council held a public hearing to hear any protests on February 20,
2024.
NOW, THEREFORE, BE IT RESOLVED, that the that the Town Council of the Town of Los
Gatos does as follows:
1. That it is the conducting authority pursuant to Section 56757 of the Government
Code for the annexation of property designated as Blackberry Hill Road No. 06, more
particularly described in Exhibits A and B;
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 2.1 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 1453 in 1980 pre-zoning the subject
territory with an HR-2½ (Hillside Residential, 2½ to 10 acres for each dwelling
unit) 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;
3 of 4
Draft Resolution 2024- Date
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.
3. That all owners of land within the affected territory have provided written consent
to the reorganization and no protests have been received;
4. That upon completion of these reorganization proceedings the territory described in
Exhibit A will be annexed to the Town of Los Gatos; and
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 4
Draft Resolution 2024- Date
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 20th 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"
BLACKBERRY HILL ROAD NO. 6
ANNEXATION TO THE CITY OF LOS GATOS
GEOGRAPHIC DESCRIPTION
SITUATE the County of Santa Clara, State of California, within Township 8, South
Range 1 West, Mount Diablo Base and Meridian, and being the lands described in the
Trust Transfer Grant Deed to Maurice Brewster and Rhonda Brewster, Trustees of the
Brewster Family Revocable Trust, dated December 6, 2021, recorded on June 6, 2022, as
Document Number 25314481, Official Records of Santa Clara County.
BEGINNING on the Southerly line of the MIREVAL ROAD ANNEXATION NO. 2 at the
Northwesterly corner of BLACKBERRY HILL ANNEXATION NO. 5 being the lands
described in the Grant Deed from Ruth C.M. Young to John William Panighetti, recorded
February 21, 1951, in book 2156 of Official Records, page 325, Santa Clara County
records;
Thence from said POINT OF BEGINNING, the following courses:
1)Along the Westerly line of said BLACKBERRY HILL ANNEXATION NO. 5;
SOUTH 02°00'00" WEST, 390.68 feet to a point;2)Continuing along said Westerly line, SOUTH 02°00'00" WEST, 38.32 feet to an
angle therein;
3)Leaving said Blackberry Hill Annexation line, SOUTH 80°13'00" WEST, 88.28feet;
4)NORTH 89°37'00" WEST, 41.28 feet;
5)NORTH 89°37'00" WEST, 84.76 feet to a point on the Easterly line of EUGENIA
WAY ANNEXATION NO. 2;
6)Along said Easterly line, NORTH 02°00'00" EAST, 53.91 feet;
7)Continuing along said Easterly line, NORTH 02°00'00" EAST, 390.68 feet to the
Southwesterly corner of MIREVAL ROAD ANNEXATION NO. 28)Along the said Southerly line of Mireval Road Annexation No.2, SOUTH89°37'00" EAST, 212.50 feet to the POINT OF BEGINNING.
DISCLAIMER: FOR ASSESSMENT PURPOSES ONLY. THIS DESCRIPTION OF LAND IS NOT A LEGAL PROPERTY DERSCRIPTION AS DEFINED IN THE SUBDIVISION MAP ACT AND MAY NOT BE USED FOR TRANSFER, CONVEYANCE, SALE, OR ANY OTHER PURPOSES OTHER THAN THOSE RELATED TO THE ANNEXATION.
ATTACHMENT 1
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
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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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