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05 Staff Report - 16622 Topping Way~pW N 0 !ps GAjpS COUNCIL AGENDA REPORT DATE: OCTOBER 3, 2006 MEETING DATE: 10/16/06 ITEM NO: 5 TO: MAYOR AND TOWN COUNCIL FROM: DEBRA J. FIGONE, TOWN MANAGER SUBJECT: ADOPT RESOLUTION MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED "TOPPING WAY NO. 4," APPROXIMLATELY 0.633 ACRES LOCATED AT 16622 TOPPING WAY (APN: 532-09-021) RECOMMENDATION: Adopt resolution making determinations and approving the reorganization of territory designated "Topping Way No. 4," approximately 0.633 acres located at 16622 Topping Way (APN: 532-09- 021). 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 recently received approval from the Community Development 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. DISCUSSION: The Town has received a petition from Topping Way, L.P. (Attachment 2), owners of the property at 16622 Topping Way, requesting annexation to the Town of Los Gatos. The property is located in the Englewood Avenue Area, one of the "islands" of unincorporated County land. 6,VL1 rt~ PREPARED BY: OHN E. CURTIS irector of Parks and Public Works NAB&E\COUNCIL REPORTS\Annex-Topping-4 Approve.doc Reviewed by: Assistant Town Manager Town Attorney Clerk Administrator ,Finance Community Development PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: ADOPT RESOLUTION MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED "TOPPING WAY NO. 4," APPROXIMATELY 0.633 ACRES LOCATED AT 16622 TOPPING WAY (APN: 532-09-021) OCTOBER 3, 2006 In addition to the lot proposed for annexation, the Town will also be acquiring approximately 288 linear feet of Topping Way, in conformance with the Santa Clara County LAFCO Street Annexation Policy. 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. Since this is a 100% consent, "Uninhabited" annexation (less than twelve registered voters), a public hearing is not required. However, under new legislation, waiver of the protest (public hearing) must be received from agencies gaining or losing territory with this annexation. Waivers have been received from Santa Clara County and the County Library Service Area. CONCLUSION: Staff recommends that the Council accept the staff recommendations noted above. ENVIRONMENTAL ASSESSMENT: Annexation of the subject property is exempt for the California Environmental Quality Act guidelines, 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) Santa Clara County Assessor's Review Fee 55.00 (paid) LAFCO Processing Fee 670.00 (paid) State Board of Equalization Fee 350.00 (paid) The petitioner has paid the Town an Annexation Fee of $2,400.00, a Computer Service Fee of $96.00, and a Microfiching Fee of $30.00. 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. PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: ADOPT RESOLUTION MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED "TOPPING WAY NO. 4," APPROXIMATELY 0.633 ACRES LOCATED AT 16622 TOPPING WAY (APN: 532-09-021) OCTOBER 3, 2006 Attachments: Resolution making determinations and approving the reorganization of territory designated "Topping Way No. 4," approximately 0.633 acres located at 16622 Topping Way (APN: 532-09- 021). A. Legal Description of Topping Way No. 4 Annexation B. Plat to Accompany Legal Description. Distribution: Topping Way, L.P., 1975 El Camino Real West, Suite 202, Mountain View, CA 94040 Stanley F. Nielson, Nielson Architects, Inc., 2540 Camino Diablo, Suite 201, Walnut Creek, CA 94597 Michael Lopez, Interim Planning Director; Environmental Resources Agency, 7th Floor; County Government Center, East Wing; 70 W. Hedding Street, San Jose, CA 95110 RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED "TOPPING WAY NO. 4," APPROXIMATELY 0.633 ACRES LOCATED AT 16622 TOPPING WAY (APN: 532-09-021) WHEREAS, a petition for the annexation of certain territory to the Town of Los Gatos and detachment of said territory from Santa Clara County Library Service Area, consisting of 0.633 acres on 16622 Topping Way (APN: 532-09-021) has been filed by Topping Way, L.P.; and WHEREAS, said territory is uninhabited and all owners of land included in the proposal consent to this annexation; and WHEREAS, Section 56757 of the California Government Code states that the Local Agency Formation Commission shall not review an annexation proposal to any City in Santa Clara County of unincorporated territory which is within the urban service area of the city initiated by resolution of the legislative body, and therefore the Town Council of the Town of Los Gatos is now the conduction authority of said 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 public hearing; and WHEREAS, evidence was presented to the Town Council; NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los Gatos as follows: 1. That it is the conducting authority pursuant to Section 56757 of the Government Code for the annexation of property designated "Topping Way No. 4," more particularly described in Exhibit A and B; 2. That the following finding are made by the Town Council of the Town of Los Gatos: a. That said territory is uninhabited and comprises approximately 0.633 acres. b. That 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. ATTACHMENT 1 C. The project is exempt from C.E.Q.A. under the provision of the California Administrative Code, Title 14, Section 15061(b) (3). d. The Town Council enacted an ordinance over 25 years ago to pre-zone these properties with a designation of R1:8 (single family residential, 8,000 sq. ft. minimum lot size). C. That the territory is within the Town urban service area as adopted by the Local Agency Formation Commission of Santa Clara County. f. That the County Surveyor has determined the boundaries of the proposed annexation to be definite and certain, and in compliance with the Commission's street annexation policies. The County Surveyor has been reimbursed for the actual cost incurred by the County Surveyor in making this determination. g. That the proposed annexation does not create island or areas in which it would be difficult to provide municipal services. h. That the proposed annexation does not split lines of assessment or ownership. i. That the proposed annexation is consistent with the Town's.General Plan. j. That the territory to be annexed is contiguous to existing Town limits. k. That 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 Santa Clara County and the Santa Clara County Library Service Area, that will lose territory as a result of this reorganization, have consented in writing to a waiver of protest proceedings. 4. That all property owners and registered voters have been provided written notice of this proceeding and no opposition has been received. 5. That said annexation is hereby ordered without any further protest proceedings pursuant to Section 56663 (c/d) and is subject to no terms or conditions. BE IT FURTHER RESOLVED that upon completion of these reorganization proceedings the territory annexed will be detached from the Santa Clara County Library Service Area. BE IT FURTHER RESOLVED 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. PASSED AND ADOPTED at a regular meeting of the Town Council held on the 16th of October 2006, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA EXHIBIT "A" PROPOSED ANNEXATION TO THE TOWN OF LOS GATOS ENTITLED: "TOPPING WAY No. 4" Date: August 21., 2006 All that real property situated in the County of Santa Clara, State of California, being a portion of Section 22, Township 8 South, Range 1 West, and more particularly described as follows: BEGINNING at the northeasterly end of the curve on Lot 55, as shown on that certain Map entitled "Tract No. 328, Kenwood Acres", which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, in Book 10 of Maps at page 56, said point being on the southerly line of Topping Way, as shown on said Map, and being the southeasterly corner of that certain annexation to the Town of Los Gatos entitled "Topping No. 3"; 1) Thence along the northerly line of said Lot 55 and the northerly line of said Lots 56 and 57, and the southerly line of Topping Way South 77°51'45" East; 213.15 feet to the northwesterly corner of Lot 58 of said Tract No. 328, Kenwood Acres; 2) Thence along the westerly line of said Lot 58 South 12°08'15" West, 137.00 feet to the southwesterly corner of said Lot 58; 3) Thence along the southerly 1-ine of said Lot 58 South 77°51'45" Fast, 75.00 feet to the southeasterly corner of said Lot 58; 4) Thence along the easterly line of said Lot 58 North 12'08'15" East, 137.00 feet to the northeasterly corner of said Lot 58 and the southerly line of Topping Way; 5) Thence North 12°08' 15" East, 60.00 feet to the northerly line of Topping Way; 6) Thence along said northerly line of Topping Way North 77°51'45" West, 288.15 feet to the northeasterly corner of said annexation "Topping Way No. 3"; 7) Thence along the easterly line of said annexation "Topping Way No. 3" South 12'08'3 5" West, 60.00 feet to the POINT OF BEGINNING. Said parcel of land containing 27,564 square feet or 0.633 acres, more or less. End of description Prepared By: Alberto Gomez-Masso RCE 20442 Registration Expires: 03-31-08 Date signed: g_,Zz_0C C'; ' ~1L~ S y``' r fj '2 ! Giy 4 t L5, e~j tee' f 4~~ ~q _ X1 {rrf~3%at% , EXHIBIT A cn I- I~- _Z LO J Ln O W } -2: Z F- I w x 0:: W 0 O LJ w a- [z Z F- Z O W Z J Cn Q v 0 o L~j w U w ZIcf) o -N- z W 0 Q I- Q x O CD,-10- nww~ W J~ O O O Q O O ) O W O Ln ry I Q ~ Ln D W Q O oo O Q I O CID Cj) ^ I C) ~ N _ z LO C.0 z It, Cl) CJ F.'c O Cf) 2 o O 1 O _ r- CD O LL _ _ 'd a LS7 Ln I Cn N 0 co pq Ln 3: z O Q N CD W N fn = CD W o Z Cn II N co m Z O . ^ ~ o O t- z r o x O_ w ¢ I W . 6 I- Q CN . NI- W _j U (D cn . 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