06 Consent Item - 16538 Topping Way.~pW N 4F
ros „GA45 .
DATE:
TO:
FROM:
SUBJECT:
COUNCIL AGENDA REPORT
February 29, 2008
MEETING DATE: 03/17/08
ITEM NO.
CONSENT ITEM
MAYOR AND TOWN COUNCIL
GREG LARSON, TOWN MANAGER
ADOPT RESOLUTION SETTING DATE FOR CONSIDERATION OF
REORGANIZATION OF AN UNINHABITED AREA DESIGNATED AS
TOPPING WAY NO.5, APPROXIMATELY.66 ACRES LOCATED AT 16538
TOPPING WAY (APN: 532-09-027); FILE #AN08-01.
RECOMMENDATION:
Adopt resolution setting date for consideration of reorganization of uninhabited area designated
Topping Way No. 5, approximately .66 acres located at 16538 Topping Way (APN: 532-09-027).
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 annexation in conjunction with a pending
Architecture & Site application for a new single family residence.
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 the Town 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: Bud N. Lortz, Director of Community Development
Reviewed by: ! Assistant Town Manager E j Town Attorney Clerk Finance
Community Development Revised: 2/29/08 12:22 PM
Reformatted: 5/30/02
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: TOPPING WAY NO. 5; FILE #AN08-01.
March 17, 2008
DISCUSSION:
The Town has received a petition from Dan Boyd & Gina Florentino Boyd, owners of the property at
16538 Topping Way, requesting annexation to the Town of Los Gatos. The property is located in an
unincorporated "island" of the County. The annexation includes a portion of the Topping Way right-
of-way extending from Hilow Road to the west property line.
The property is in the Town's Urban Services Area, is within 300 feet of a Town maintained
roadway, and is pre-zoned R1:8 (single family residential, 8,000 sq. ft. minimum lot size).
Annexation will allow Town services to be extended to the property and help fill an existing County
"island." Santa Clara County Planning and the County Library Service Area have consented to waive
protest proceedings. The protest proceeding has been scheduled for April 21, 2008.
ENVIRONMENTAL ASSESSMENTS:
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 are paid by the petitioner:
Map, Legal Description and Guideline Checking Fees
$2,000 (p
aid)
LAFCO Processing Fee
959.00
aid
State Board of Equalization Fee
$300.00
(paid)
The petitioner has also paid an Annexation Fee to the Town of $2,400.00.
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.
Attachments:
Resolution making determinations and approving the reorganization of territory designated
Topping Way No. 5, with Exhibits A& B.
Distribution:
Dan Boyd & Gina Florentino Boyd, 16538 Topping Way, Los Gatos, CA 95032
Michael Lopez, Planning Manager; Environmental Resources Agency, 7t' Floor; County
Government Center, East Wing; 70 W. Hedding Street, San Jose, CA 95110
N:~DEVASUZANNEToundAReports\Annexation\ToppingNo.S-intro.doc
RESOLUTION 2008 -
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
SETTING DATE FOR CONSIDERATION OF REORGANIZATION
OF UNINHABITED TERRITORY DESIGNATED
TOPPING WAY NO. 5,
PROPERTY LOCATED AT 16538 TOPPING WAY;
APPROXIMATELY .66 ACRES (APN: 532-09-027)
WHEREAS, the Town Council of the Town of Los Gatos has received a request for
annexation of territory designated Topping Way No. 5 from Dan Boyd & Gina Florentino Boyd; and
WHEREAS, the property, .66 acres, more or less, at 16538 Topping Way, APN: 532-09-027,
is within 300 feet of a roadway maintained by the Town of Los Gatos and is within its urban service
area; and
WHEREAS, the following special districts 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, the Town Council enacted an ordinance over 20 years ago pre-zoning the
subject territory with an R-1:8 (single family residential, 8,000 sq. ft. 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 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
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;
ATTACHMENT 1
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Los
Gatos hereby initiates annexation proceedings and will consider annexation to the territory
designated as Topping Way No. 5 at their regular meeting of April 21, 2008.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 17th of
March 2008, 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
N:iDE V\SUZANNE\Annexation\ToppingNo5-16538\ToppingNo5-Reno I .doe
EXHIBIT "A"
TOPPING WAY ANNEXATION NO.5
TO TOWN OF LOS GATOS
All that certain property being a portion of Rancho Rinconada De Los Gatos, situated in the County
of Santa Clara, State of California.
Beginning at a point on the Northerly right of way line of Topping Way at the Southwesterly corner
of Lot 68, as shown on the subdivision map of Kenwood Acres, Tract No. 328 recorded in Book 10
of Maps at Page 56, Santa Clara County Records, said point being the Southwesterly limit of Town
of Los Gatos as established by Topping Way Annexation No. 2, approved by Town of Los Gatos
Resolution 2003-111, and recorded as Certificate of Completion Document No. 17392885 on
October 2, 2003 Santa Clara County Records;
Thence along Southerly line of said town limit and Northerly right of way line of Topping Way (1)
South 77 Degrees 5Mlinutes 40 Seconds East a length of 83.10 feet;
Thence continuing along said town limit across Topping Way (2) South 01 Degree 39 Minutes 26
Seconds West a length of 61.02 feet to the Southerly rights of way line of Topping Way;
Thence leaving said town limit along the Southerly right of way line of Topping Way (3) North 77
Degrees 51 Minutes 45 Seconds West a length of 219.03 feet to the Northeasterly corner of Lot 64;
Thence along the boundaries. of Lot 64 (4) South 12 Degrees 08 Minutes 15 Seconds West a length
of 137.00 feet; and
Thence (5) North 77 Degrees 51 Minutes 45 Seconds West a length of 80.00 feet; and
Thence (6) North 12 Degrees 08 Minutes 15 Seconds East a length of 197.00 feet to the Northerly
right of way line of Topping Way;
Thence along the Northerly right of way line of Topping Way (7) South 77 Degrees 51 Minutes 45
Seconds East a length of 204.83 feet to the point of beginning.
Containing 0.66 acres 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 the basis
For an offer for sale of the land described."
LAND
CRY Bqe~~,
* No. 4953
Exp. 12-31-09
tbF CA1-\
Revised 2-6-08
EXHIBIT "B"
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W Y
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204,83,
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APN 532-09-027
r LOT 64, TRACT 328 Zo'o
AREA 0.66 AC. A o
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219.03'r ftftft
LEGEND
EXISTING TOWN LIMIT
PROPOSED TOWN LIMIT
EXISTING BOUNDARY LINE
STREET CENTERLINE
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 the basis for an offer for sale of the land
described."
TOPPING WAY NO. 2
ANNEXATION
DOC. NO. 17392885
10/2/2003
=SOLUTION NO. 2003-111
S77-51
'40" E
84. t 0'
'3
0
\-kND
BAA
v 133
* No. 4953
Exp. 12-31-09
' ASSESSOR'S OPOAROC2EL NUMBERS: I ACREAGE: 0.66 ' LAFCO RESOLUTION NO.
53-- 1
14583 BIG BASIN WAY
SARATOGA, CA,
TEL. 408-867-0244, FAX 408-867-6261
DRAWN BY: JC
CHECKED BY: HB
JOB NO. 2007-209
DATE: JANUARY 2008
SCALE: 1"=50'
REVISIONS: A 2- 6- 08
TOPPING WAY
ANNEXATION NO. 5
16538 TOPPING WAY
LOS GATOS, CA
PORTION OF RANCHO RINCONADA
DE LOS GATOS
LOCATION MAP