08 Staff Report - Linda Avenue No. 3DATE:
TO:
FROM:
COUNCIL AGENDA REPORT
November 21,2005
MAYORANDTOWNCOUNC~
DEBRA J.FIGONE,TOWN MANAGER
MEETING DATE:12/5/05
ITEM NO.~
SUBJECT:ADOPT RESOLUTION SETTING DATE FOR CONSIDERATION OF
REORGANIZATION OF UNINHABITED AREA DESIGNATED "LINDA
AVENUE NO.3",APPROXIMATELY 3.667 ACRES LOCATED AT 15881
&15909 LINDA AVENUE AND 15950 STEPHENIE LANE (APN:532-25-
020,021 &036)
RECOMMENDATION:
Adopt resolution setting date for consideration of reorganization of uninhabited area designated
"lSinda Avenue No.3",approximately 3.667 acres located at 15881 &15909 Linda Avenue and
15950 Stephenie Lane (APN:532-25-020,021 &036)
BACKGROUND:
The Town has an agreement with Santa Clara County that requires annexation of any property
located within the Town's Urban Services Area boundary and within 300 feet of the Town limits if
the use is intensified.The property owner has requested approval from the CommunityDevelopment
Department to construct a new house on the site.
Section 56757 of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 gives
the 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 process is initiated
by the Town after the property owner files an annexation petition.However,legislation that became
effective in 2004 now requires us to hold a "protest proceeding"even if the area proposed for
annexation is uninhabited and all property owners have consented to the annexation.This first
meeting and resolution sets the date for the protest proceeding.
PREPARED BY:~.n {'(/fA-/;-;bifN'-E.CURTISV~
irector of Parks and Public Works
Reviewed by::J!kSAssistant Town Manager __Town Attorney __Clerk Administrator
6(1::;.Finance __Community Development Revised:11/21/05 11 :33 am
Reformatted:5/30/02 N:\B&E\COUNCIL REPORTS\Annex-Linda-3 Introduce.wpd
PAGE 2
MAYORANDTOWNCOUNC~
SUBJECT:SET DATE FOR LINDA AVENUE NO.3 ANNEXATION
November 22,2005
DISCUSSION:
The Town has received a petition from Jennifer Den Daas,Daniel Holloway and Daniel Blue
(Attachment 2),owners ofthe three properties at 15881 &15909 Linda Avenue and 15950 Stephenie
Lane,requesting annexation to the Town of Los Gatos.The property is located at the northerly ends
of Linda and Stephenie Lanes,just southerly and adjacent to Ross Creek,in one of the
unincorporated "islands"ofthe County.A planned developmenthas been proposed for this property,
however,it has not yet been deemed complete by the Development ReviewCotnmittee or heard by
the:Planning Commission.
The property is in the Town's Urban Services Area,boundary,and is prezoned R1:8 (single family
residential,8,000 sq.ft.minimum lot size).Annexation will allow "city" services to be extended
to the property and help in fill an existing County "island."
~~quest for waiver of the protest proceeding has been sent to Santa Clara County and the County
4~brary Service Area.Both agencies have waived theirrightto a protest proceeding (public hearing);
s~,approval of the annexation has been schedUled for the December 19,2005 Council Meeting as
a consent item.
ENVIRONMENTAL ASSESSMENTS:
Annexation of the subject property is exempt for the California Environment;li.Quality AGt
gllidelines,pursuant to Section 15061(b)(3).
FISCAL IMPACT:
The following fees are assessed by Santa Clara County,LAFCO and the State Board of Equalization,
and must be paid by the petitioner:
Map,Legal Description and Guideline Checking Fees $2,000.00 (paid)
Review by County Assessor's Office 55.00 (paid)
LAFCO Processing Fee ;.;.•...;. . ... . . ... . ...670.00 (paid)
State Board of Equalization Fee 350.00 (paid)
The petitioner has paid an Annexation Fee to the Town of $800,plus a computer service fee of $32
and a microfiching fee of $30.
Once the annexation is certified by the State Board of Equalization,the TOWn will receive nine point
six percent (9.6%)of the property taxes.
N:\B&E\cbtJNcIL REPORTS\Annex-Linda-3 Inlroduce.wpd
PAGE 3
MAYORANDTOWNCOUNC~
SUBJECT:SET DATE FOR LINDA AVENUE NO.3 ANNEXATION
November 21,2005
Attachments:
Resolution making determinations and approving the reorganization of territory designated "Linda
Avenue No.3"approximately 3.667 acres located at 15881 &15909 Linda Avenue and 15950
Stephenie Lane (APN:532-25-020,021 &036)-(with Exhibits A and B).
A.Legal Description of Linda Avenue No.3 Annexation.
B.Plat to Accompany Legal Description.
Distribution:
Jennifer Den Daas,15881 Linda Ave.,Los Gatos,CA 95032
Daniel Holloway,15909 Linda Ave.,Los Gatos,CA 95032
Daniel Blue,15950 Stephenie Ln.,Los Gatos,CA 95032
1;~rry McElroy and Hanne Olafsen,214 Almendra Ave.,Los Gatos,CA95030
l\{tichael Lopez,Interim Director,Environmental Resources Agency,7 th Floor,County Government
,i:Center,East Wing;70 W.Hedding Street,San Jose,CA 95110
N:\B&E\COUNCIL REPORTS\Annex-Linda.3 Introduce.wpd
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
SETTING DATE FOR CONSIDERATION OF
REORGANIZATION OF AREA DESIGNATED
"LINDA AVENUE NO.3,"
PROPERTY LOCATED AT
15881 &15909 LINDA AVENUE AND 15950 STEPHENIE LANE;
APPROXIMATELY 3.667 ACRES (APN:532-25-020,021 &036)
WHEREAS,the Town Council of the Town of Los Gatos has received a request for
annexation of territory designated "Linda A venue No.3"from Jennifer Den Daas,Daniel Holloway
and Daniel Blue;and
WHEREAS,the property located at 15881 &15909 Linda Avenue and 15950 Stephenie
L~e (APN:532-25-020,021 &036),contains 3.667 acres,more or less,is contiguous to the Town
o~Los Gatos and is within its urban service area;and
\,i,
WHEREAS,the following special district would be affected by the proposal:Santa Clara
County Library Service Area;and
WHEREAS,the annexation would provide for use of Town services;and
WHEREAS,this territory was pre-zoned ()ver 25 years ago to Town of Los Gatos prezoning
R1:8(single family residential,8,000 sq.ft.minimum lot size);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 for the California
Environmental Quality Act guidelines,pursuant to Section 15061(b)(3);and
WHEREAS,the County Surveyor of Santa Clara County has found the map and description
(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 Councils 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
N:\B&E\CQUNCIL REPORTSlAnnex-Linda-3 Introduce.wpd
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 public hearing;
NOW,THEREFORE,BE IT RESOLVED,that the Town Council of the Town of Los Gatos
hereby initiates annexation proceedingsal1 dwill consider.annexation to the territory designated as
"Linda Avenue No.3"at their regular meeting of December 19,2005.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 5 th of
December 2005,by the following vote:
COUNCil.,MEMBERS:
AYES:
NAYS:
ABSENT:
SIGNED:
MAYOR OF THE TOWN'OF LOS GATOS
LOS GATOS,.CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS,CALIFORNIA
N:\B&E\CQUNCIL REPORTSlAnnex-Linda-3 Introduce,wpd
EXHIBIT "A"
DESCRIPTION TO ACCOMPANY ANNEXATION OF TERRITORY KNOWN AS
LINDA AVENUE NO.3
TO THE TOWN OF LOS GATOS
Ail that certain property situated in the County of Santa Clara,state of
California,more particularly described as follows:
Beginning at the Northwesterly corner of that certain annexation to the town of
Los Gatos known as Linda Avenue No.2,said point being on the Westerly rights
of way line of Linda Avenue (6D feet wide);thence
along said rights of way line and·Westerly ~imit of that certain annexation
South 12 Degrees 27 Minutes East a distance of 20.04 feet and South 21 Degrees
47 Minutes East a di~tance of 82.23 feet;thence leaving said westerly limit of
that certain annexation and ri.ghts of way line South 68 Degrees 13 Minutes West
a distance of 171.67 feet;thence South 22 Degrees 11 Minutes 15 Seconds East a
distance of 68.82 feet;thence South 68 Degrees 24 Minutes West a distance of
220.41 feet;thence North 12 Degrees 49 Minutes West a distance of 377.78 feet
to the middle of a small creek;thence along the middle of said creek North 60
Degrees 18 Minutes East a distance of 163.02 feet;thence North 45 Degrees 21
Minutes 49 Seconds East a distance of 42.33 feet;thence North 43 Degrees
455Minutes East a distance 142.82 feet;thence N 63 Degrees 17 Minutes East a
distance of 107.58 feet;thence South 12 Degrees 27 Minutes East "a distance of
314.51 feet to the Northerly limit of that certain annexation and right·s of
way;thence Westerly along said limit and rights of way to the point of
beginning.
Containing 3.667 acres more or less.
Westfall Engineers,Inc.
LEGEND:
PROPERTY TP 8E ANNEXED ~____
TO TOWN 'OF LOS GATOS
BOUNDARY.
EXISTING TOWN'S W,(IT UNE--
LANDS OF DEN qAAs
APN 523-2~-20
Z
N .~UNDA AVENUE°rS~'!.NO.2
.~ANN All ON
..,.,£50.68'~6e:,'"
EXHIBIT ·B
PROPOSED ANNEXATION TO
TOWN OF LOS GATOS
ENTITLED LINDA AVENUE
NO.3 ANNEXATION
LANDS OF HOLLOWAY
APN 523-25-21
3.670 ACRES
LANDS OF"BLUE
APN 523-25-36
DATE:SEPTEMBER 14,2005
BY:HARRY BABICKA
WESTFALL ENGINEERS,INC.
SARATOGA,CALIFORNIA