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18 Staff Report El Gato Ln.06 Annexation - Adopt with attachments PREPARED BY: Maria Chavarin Assistant Planner Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Community Development Department Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 06/18/2024 ITEM NO: 18 DATE: June 13, 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 El Gato Lane No. 06, Approximately 0.563 Acres on Property Pre-Zoned R-1:8. APN 523-22- 007. Annexation Application AN24-001. Project Location: 15575 El Gato Lane. Property Owner: Sai Kiran Garimella and Renu Sushma Kolli. Applicant: Barzin Keyhankhadiv. RECOMMENDATION: Open the public hearing to hear any protests and adopt a resolution (Attachment 1) making determinations and approving the reorganization of an uninhabited area designated as El Gato Lane No. 06, approximately 0.563 acres, located at 15575 El Gato Lane (APN 523-22-007). 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. 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 15575 El Gato Lane in anticipation of a future application for a new single-family residence. The total annexation area (approximately 0.563 acres) includes 0.376 acres of County street right-of-way (El Gato Lane). PAGE 2 OF 2 SUBJECT: El Gato Lane No. 06/AN24-001 DATE: June 13, 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 June 4, 2024, Town Council meeting and the protest proceedings are set for June 18, 2024. DISCUSSION: The Town has received a petition requesting annexation to the Town of Los Gatos from Sai Kiran Garimella and Renu Sushma Kolli, owners of the property at 15575 El Gato Lane. The property is located on the west side of El Gato Lane in an unincorporated County pocket. The property is in the Town's Urban Service Area, is within 300 feet of a Town boundary, and is pre-zoned R-1:8 (Single-Family Residential, 8,000 square foot minimum lot size). Annexation would allow Town services to be extended to the property and reduce an existing County pocket. The Santa Clara County Planning Division and County Lighting Service Area have been notified in writing of the annexation request. COORDINATION: The preparation of this report was coordinated with the Santa Clara County Lighting Service Area, Santa Clara County Infrastructure Development Division, LAFCO, Santa Clara County Assessor, Santa Clara County Surveyor, and the Santa Clara County 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 to be modified by Town Council deliberations and direction. 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 EL GATO LANE NO. 06 APN: 523-22-007 APPROXIMATELY 0.563 ACRES ANNEXATION APPLICATION: AN24-001 PROPERTY LOCATION: 15575 EL GATO LANE PROPERTY OWNERS: SAI KIRAN GARIMELLA AND RENU SUSHMA KOLLI APPLICANT: BARZIN KEYHANKHADIV WHEREAS, the Town Council of the Town of Los Gatos has received a request for annexation of territory designated as El Gato Lane No. 06 from Sai Kiran Garimella and Renu Sushma Kolli; and WHEREAS, the property, is approximately 0.187 acres and includes 0.376 acres of County street right-of-way (El Gato Lane) for a total of 0.563 acres, located at 15575 El Gato Lane, APN: 523-22-007, is within 300 feet of a Town boundary, and within the Town’s Urban Service Area; and WHEREAS, the following special districts would be affected by the proposal: Santa Clara County Lighting 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 a 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 ATTACHMENT 1 2 of 4 Draft Resolution 2024- Date 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 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 June 18, 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 El Gato Lane 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 0.563 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; 3 of 4 Draft Resolution 2024- Date d. The Town Council enacted Ordinance 1267 in 1975 pre-zoning the subject territory with a 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. 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 18TH day of June 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 EL GATO LANE NO. 6 ANNEXATION TO THE TOWN OF LOS GATOS GEOGRAPHIC DESCRIPTION DESCRIBED REAL PROPERTY IN THE RANCHO RINCONADA DE LOS GATOS, UNINCORPORATED AREA OF LOS GATOS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND DESCRIBED AS FOLLOWS: ALL OF LOT 52 AND A PORTION OF EL GATO LANE AS SHOWN UPON THAT CERTAIN MAP ENTITLED, "TRACT NO. 1168 EL GATO TERRACE," WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON MARCH 2, 1954 IN BOOK 48 OF MAPS AT PAGE 13, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 56; AS SHOWN THAT CERTAIN MAP ENTITLED, "TRACT NO. 1168 EL GATO TERRACE," WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON MARCH 2, 1954 IN BOOK 48 OF MAPS AT PAGE 13; POINT OF BEGINNING ALSO LIES ON THE SOUTHERLY LINE OF EL GATO LANE NO. 1 ANNEXATION; THENCE, (1) SOUTH 77° 33' 45" WEST, 60.00 FEET TO THE EASTERLY LINE OF EL GATO LANE. THENCE, (2) ALONG THE EASTERLY LINE OF EL GATO LANE, SOUTH 12° 26' 15" EAST, 273.00 FEET ; THENCE, (3) SOUTH 77° 33' 45" WEST, 60.00 FEET TO THE WESTERLY LINE OF EL GATO LANE ALSO BEING THE SOUTHEAST CORNER OF SAID LOT 52; THENCE, (4) ALONG THE SOUTHERLY LINE OF SAID LOT 52, SOUTH 77° 33' 45" WEST, 149.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 52; THENCE, (5) ALONG THE WESTERLY LINE OF SAID LOT 52, NORTH 12° 26' 15" WEST, 54.60 FEET TO THE NORTHWEST CORNER OF SAID LOT 52; THENCE, (6) ALONG THE NORTHERLY LINE OF SAID LOT 52, NORTH 77° 33' 45" EAST, 149.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 52; THENCE, (7) ALONG THE WESTERLY LINE OF EL GATO AVENUE, NORTH 12° 26' 15" WEST, 218.40 FEET TO THE POINT OF BEGINNING. CONTAINING 24,515 SQUARE FEET, MORE OR LESS. DISCLAIMER: FOR ASSESSMENT PURPOSES ONLY. THIS DESCRIPTION OF LAND IS NOT A LEGAL PROPERTY DESCRIPTION AS DEFINED IN THE SUBDIVISION MAP ACT AND MAY NOT BE USED AS A BASIS FOR AND OFFER FOR SALE OF THE LAND DESCRIBED. AS SHOWN ON EXHIBIT “B”, ATTACHED HERETO AND MADE A PART HEREOF. 3-28-2024 PAGE 1 OF 2 EXHIBIT A EXHIBIT B ¯ 0 100 Feet EXHIBIT AEl Gato Lane No. 60.56 acres +/- Prepared for the Office of the County Surveyor March 28, 2024August Hanks, County Surveyor County of Santa ClaraDepartment of Planning and DevelopmentCounty Government Center, East Wing70 West Hedding St., 7th FloorSan Jose, California 95110 Burbank No. 45 Unincorporated Lands Area of Annexation Incorporated Lands El Gato Lane No. 6 LosGatos SanJoseBLACKWELL DR JO DRNATIONAL AVE L O S G ATOS A LM A DE N RD EL GATO LN DE SOTO DR EDMUND DRLOMAVISTACTLEILA CTVERDE CTLOMAVI STAAVELINDA AVE ·|}þ17 ·|}þ85 CAMPBELL LOSGATOS SANJOSE ATTACHMENT 2 This Page Intentionally Left Blank