05 Staff Report - 16362 Hilow Roadto N ~F
DATE:
TO:
FROM:
SUBJECT:
COUNCIL AGENDA REPORT
August 7, 2008
MEETING DATE: 08/18108
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
HILOW ROAD NO. 3, APPROXIMATELY 1. 12 ACRES LOCATED AT 16362
HILOW ROAD (APN: 532-04-082); FILE #AN08-02.
RECOMMENDATION:
Adopt resolution setting date for consideration of reorganization of uninhabited area designated
Hilow Road No. 3, approximately 1.12 acres located at 16362 Hilow Road (APN: 532-04-082).
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 adjacent to a Town boundary or within
300 feet of a Town maintained roadway if the use is intensified. The property owner has requested
annexation in anticipation of filing an 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, Direc or of Community Development
Reviewed by: Assistant Town Manager Town Attorney Clerk (Finance -VX- Community Development Revised: 8/7/08 2:27 PM
Reformatted: 5/30/02
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: HILOW ROAD NO. 3; FILE #AN08-02.
August 18, 2008
DISCUSSION:
The Town has received a petition from Farbod and Katayoon Dinyari, owners of the property at
16362 Hilow Road, 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 Hilow Road right-
of-way extending from Shannon Road to the property at 16439 Hilow Road.
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 September 15, 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:
Count Surveyor Ma and Legal Descri Lion Checking Fee
$2,000.00 (paid)
County Assessor Fee
$55.00 (paid)
LAFCO Processing Fee
959.00
State Board of Equalization Fee
$300.00
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:
1. Resolution making determinations and approving the reorganization of territory designated
Hilow Road No. 3, with Exhibits A& B.
Distribution:
Farbod & Katayoon Dinyari, 1033 Broadway Avenue, San Jose, CA 95125
Michael Lopez, Planning Manager; Environmental Resources Agency, 7'h Floor; County
Government Center, East Wing; 70 W. Hedding Street, San Jose, CA 95110
N.IDF 15UZANNMComcMxpor[sVAnne ation\ToppingNo.5-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
HILOW ROAD NO. 3,
PROPERTY LOCATED AT 16362 HILOW ROAD;
APPROXIMATELY 1. 12 ACRES (APN: 532-04-082)
WHEREAS, the Town Council of the Town of Los Gatos has received a request for
annexation of territory designated Hilow Road No. 3 from Farbod & Katayoon Dinyari; and
WHEREAS, the property, 1.12 acres (inclusive ofroad right-of-way), at 16362 Hilow Road,
APN: 532-04-082, 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;
ATTAGENENT I
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 Hilow Road No. 3 at their regular meeting of September 15, 2008.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 18th of
August, 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:\DEVISE]ZANNE1Anu tionllliloNvNo.-4UU.wNo3-RenoLdoc
July 23, 2008 rev 3
Job No. 06-303
Exhibit "A"
Legal Description for
Annexation to the Town of Los Gatos
Hilow Road No. 3
Lands of Dinyari
16362 Hilow Road, Los Gatos, CA
Being all that certain real property situate in the unincorporated area of the County of
Santa Clara, State of California and portion of Rancho Rinconada de Los Gatos,
Designated as lot 18 together with a portion of Hilow Road as shown on that certain Tract
Map 616 recorded in book 26 of maps at pages 8 and 9, Santa Clara County Records,
being more particularly bounded and described as follows:
Beginning at a point on the existing town limit line of Los Gatos as established by
resolution 2006-016 Titled "Shannon Road No. 22" and Westerly line of Hilow Road,
said point also being the Northeasterly corner of lot 1 as shown on the above mentioned
Tract Map;
(1) Thence along the existing town limit line of Los Gatos as established by resolution
2006-016 Titled "Shannon Road No. 22" South 70°19'55" East, 60.00 feet to a point on
the Easterly right-of-way line of Hilow Road and South 19°40'05" West, 15.01 feet from
the Northwesterly corner of lot 21 of above mentioned Tract Map;
(2) Thence along said Easterly right-of-way line South 19°40'05" West, 196.69 feet to
the Northwesterly corner of lot 18 on the Easterly right-of-way line of Hilow Road as
shown on the above mentioned Tract Map;
(3) Thence leaving said easterly right-of-way of Hilow Road and along the Northwesterly
property line of Lot 18 as shown on the above mentioned Tract Map South 70°19'55"
East, 157.06 feet;
(4) Thence South 19°40'00" West, 75.00 feet;
(5) Thence North 70°19'55" West, 157.06 feet to the Southwesterly corner of lot 18 on
the Easterly right-of-way line of Hilow Road as shown on the above mentioned Tract
Map;
(6) Thence continuing along said Easterly right-of-way line South 19°40'05" West, 150
feet to a tangent curve also being the Southwesterly corner of lot 16 as shown on the
above mentioned Tract Map;
(7) Thence along a tangent curve to the right having a radius of 877.48 feet, through a
central angle of 07°37'42" and an arc distance of 116.83 feet to a point of reverse
curvature to the left;
(8) Thence along a are of a curvature to the left having a radial bearing of South
68°28'00" East and a radius of 817.48 feet, through a central angle of 05°45'49" and an
arc distance of 82.23 feet to a point on of intersection of the existing town limit line of
Los Gatos as established by resolution 2005-135 Titled "Hilow Road No. 2" and the
easterly right-of-way line of Hilow Road.
(9) Thence leaving the Easterly right-of-way line of Hilow Road and along existing town
limit line as mentioned above North 68°28'00" West, 60.00 feet to a point on the
Westerly right-of-way line of Hilow Road " also being the Northeasterly corner of lot 7
and Southeasterly corner of lot 6 as shown on the above mentioned Tract Map;
(10) Thence along a arc of a curve to the right having a radial bearing of South 68°28'00"
East and a radius of 877.48 feet, through a central angle of 05°45'49" and an arc distance
of 88.27 feet to a point of reverse curvature;
(11) Thence along the are of a tangent curve to the left, having a radius of 817.48 feet,
through a central angle of 07°37'42" and an arc distance of 108.84 feet to a point of
tangency along the Westerly right-of-way line of Hilow Road;
(12) Thence along the Westerly right-of-way line of Hilow Road North 19°40'05" East,
421.69 feet to the point of beginning.
Containing approximately 48,966 square feet, 1.124 acres.
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.
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