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DATE:
TO:
FROM:
SUBJECT
COUNCIL AGENDA REPORT
September 9, 2010
MEETING DATE: 09/20/10
ITEM NO.
MAYOR AND TOWN COUNCIL
GREG CARSON TOWN MANAGER
ADOPT RESOLUTION MAKING DETERMINATIONS AND APPROVING
THE REORGANIZATION OF TERRITORY DESIGNATED HILOW ROAD
N0.4 CONTAINING APPROXIMATELY .58 ACRES LOCATED AT 16397
HILOVJ ROAD (APN: 532-04-062). FILE #AN10-001.
RECOMMENDATION:
Adopt a resolution malting determinations and approving the reorganization of territory designated
Hilow Road No. 4, containing approximately .58 acres, located at 16397 Hilow Road (APN: 532-04-
062).
BACI~GROUND:
The Town has an agreement with Santa Clara County that requires aiu~exation of any property
located within the Town's Urban Services Area boundary and is either contiguous to a Town
boundary, or within 300 feet of a Town maintained roadway if the use is intensified. The annexation
is being requested independent of any development application.
Section 56757 of the Cortese-Knox-Hertzberg Local Government Reorgaiuzation Act of 2000 gives
the cities in .Santa Clara County the authority to annex territory without application to and hearing by
the S anta Clara County Local Agency Formation Commission (LAFCO). The process was initiated
by the Town after the property owner filed an annexation petition. The Town is required to hold a
protest proceeding even if the area proposed for annexation is uninhabited and all property owners
have consented to the annexation. This a>ulexation was introduced at the September 7, 2010, Town
Council meeting.
PREPARED BY: Wendie R. Rooney, Director of Community Development
Reviewed by: Assistant Town Manage own Attorney Clerk Finance
Community Development Revised: 9i9ilo 3:00 PM
Reformatted: 5/30/02
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MAYOR AND TOWN COUNCIL
SUBJECT: HILOW ROAD NO. 4; FILE #AN10-001
Septer~zUer 9, 2010
DISCUSSION:
The Town has received a petition from Nien-Tsu Wang, owner of the property at 16397 Hilow Road,
requesting a>ulexation to the Town of Los Gatos. The property is located in an unincorporated island
of the County. The property is within the Town's Urban Services Area boundary and is pre-zoned
R-L8 (single family residential, 8,000 sq, ft. minimum lot size). Arulexation will allow Town.
services to be extended to the property and help fill an existing County island.
Since this is a 100% consent, uni>~1labited a>ulexation (less than twelve registered voters), a public
hearing is not required. However, waiver of the protest (public hearing) must be received from
agencies gaining or losing territory with this arulexation. Waivers Have been received from Santa
Clara County Planning and County Library Service Area..
ENVIRONMENTAL ASSESSMENT:
Pursuant to Section 15061(b)(3) of the Califonla Enviro>,unental Quality Act,: a>ulexation of the
subject property is categorically exempt. No further enviro>unental analysis is required.
FISCAL IMPACT:
The following fees are assessed by Santa Clara County, LAFCO and the State Board of Equalization,
and are paid by the petitioner:
County Surveyor Map, legal description and guideline checking fee $2,0.00.00
County Assessor's fee 80.00
LAFCO processing fee $1,154.00
State Board of Equalization fee $300.00
The petitioner has also paid a $2,491.00 a>ulexation fee to the Town. Once the. aiulexation is
certified by the State Board of Equalization, t11e Town will receive 9.6% of the property taxes.
Attaclunents:
1. Resolution making determinations and approving the reorganization of territory designated as
Hilow Road No. 4, with Exhibits A & B.
2. Protest Waiver, Santa Clara County
3. Protest Waiver, Library Service Area
Distribution:
cc: Nien-Tsu Wang, 16397 Hilow Road, 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
WRR:SD:ct
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RESOLUTION 2010 -
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
MAKING DETERMINATIONS AND APPROVING THE
REORGANIZATION OF TERRITORY DESIGNATED
HILOW ROAD NO.4
APPROXIMATELY .58 ACRES
LOCATED AT 16397 HILOW ROAD
(APN: 532-04-062)
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 .58
acres located at 16397 Hilow Road (APN 532-04-062) has been filed by Nien-Tsu Wang; 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 in
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:
That it is the conducting authority pursuant to Section 56757 of the Government Code for
the annexation of property designated as Hilow Road 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 .58 acres,
.inclusive of road right-of--way.
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.
Attachffient 1
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 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.
That the territory is within. the Town urban service area as adopted by the Local
Agency Formation Commission of Santa Clara County.
That 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. That the proposed annexation does not create islands 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.
That the proposed annexation is consistent with the Town's General Plan.
That the territory to be annexed is within 300 feet of a Town maintained roadway.
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 filrther 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 September
20, 2010, 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 O.F LOS GATOS
LOS GATOS, CALIFORNIA
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EXHIBIT "A"
ANNEXATION HILOW ROAD N0.4
TO TOWN OF LOS GATOS
All that real property situated in the County. of Santa Clara, :State of California being a
portion. of rancho "R.inconada de Las Gatos" described as follows:
Beginning at the Northeast corner of Resolution No. 2005-I3S entitled "Hilow Road
No.2" dated 3anuary 27, 2006 to Town of Los Gatos, said corner being on the Easterly
right of way line ofHilow Road (60 feet wide) 26.61 feet along anon-tangent curve to
the right, said curve having a radius of 817.48 feet, a delta of 1 Degree 51 Minutes 55
Seconds and a radial bearing of North 70 Degrees 19 Minutes 55 Seconds West from the
Southwesterly corner of Lot 13 as shown on the subdivision map for Tract No. 616
recorded in Book 26 of Maps at Pages 8 and 9 Santa Clara County Records;
Thence (1) along the existing Town Limit as established by said resolution North 68
Degrees 28 IVlinutes West a length of 60.00 feet to the Northeasterly corner of Lot 7 of
said tract;
Thence (2} leaving said Town Limit $8.26 feet along the Westerly right of way of Hilow
Road and a .non-tangent curve to the right, said curve having a radius of 877.48 feet, a
delta of 5 Degrees 45 Minutes 47 seconds and a radial bearing North 68 Degrees 28
Minutes West;
Thence (3) 62.37 feet along a reverse curve to the left said curve having a radius of
817.48 feet and a delta of 4 Degrees 22 Minutes 18 Seconds to the Southeasterly corner
of Lot 4 of said Tract;
Thence (4) leaving said right of way and along the Southerly boundary of said Lot 4
North 70'Degrees 19 Minutes 55 Seconds West a length of 155.85 -feet;
Thence (5) along the Westerly boundary of said Lot 4 North 19 Degrees 40 Minutes East
a length of 75.00 feet;
Thence (6} along the.Northerly laoundary of said Lot 4 South 70 degrees 19 Minutes 55
Seconds East a length of 157.16 feet to the Westerly right of way Line of Hilaw Road;
Thence (7} along said Westerly right of way line North 19 Degrees 40 Minutes 05
Seconds East a length of 393.14 feet to the existing town limit of Town of Los Gatos as
established by Resolution No. 2406-01.6 entitled "Shannon Road No. 22";
Thence (8), along said town`limit South 70 Degrees 19 Minutes 55 Seconds East a length
of 60.00 feet to the Easterly right of way line of Hilow Road;
Thence (9) leaving said town limit along said Easterly right of way line South 19 Degrees
40 Minutes OS Seconds West a length of 421.69 feet;
E%HIBIT A
Thence (10) 116.83 feet along a tangent curve to the right, said curve having a radius
877.48 feet and a delta of 7 Degrees 37 Minutes 42 Seconds;
Thence (11) 82.23 feet along a reverse curve to the left, said curve having a radius of
817.48 feet and a delta 5 Degrees 45 Minutes 47 Seconds to the point of beginning.
Containing 1.12 acres more or less.
Revised July ,ZB, 2010
Disclaimer;
"For assessment purposes only.. This description ofland 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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D=1"51'55" WITHIN RINCONADA DE L S GATOS LAND GRANT
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• PAGE~B & 9 SANTA CLARA COUNTY RECORDS
i • E
XHI~IT
PROPOSED ANNEXATION TO
TOWN OF LOS GATOS
ENTITLED HILOW ROAD N0.4
VICINITY MAP
DATE: April 2D10 JOB. N0. 2010-03D
BY: HARRY BABlCKA REVISED: JULY ze, 2010
Sheet 1 of t
WESTFALL ENGINEERS, INC.
SARATOGA, CALIFORNIA
E~3IBIT B
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CONSENT TO WAIVE PROTEST PROCEEDINGS
This form must be completed by agencies losing or gaining territory if they desire that protest
proceedings be waived.
DESIGNATED TITLE OF PROPOSAL: Hilow Road No. 4
Brief Description of Proposal:
This proposal is to annex a single .58 acre parcel of residential property (inclusive of road
right-of-way) to the Town of Los Gatos. It is within 300 feet of a Town maintained roadway, .
within the Town's Urban Service Area Boundary, not under the Williamson -Act, does not
create "islands", conforms to lines of assessment and has less than 12 registered voters.
Address: 1.6397 Hilow Road, Los Gatos, CA 95032
Assessor's Parcel Number: 532-04-062.
The County of Santa Clara, losing territory as a result of this proposal does hereby consent to the
waiver of protest proceedings in accordance with Government Code Section 56663 (c) & (d).
Signature of Authorize R esentative
Date '
~ ~UC.cr ~~,6~
Title of Represen tive
In the case of inhabited (12 of more registered voters) 03• uninhabited city or district annexations or detachments or'
both, Sections 56663(c) & (d) of Government Code allows for waiver of protest proceedings if
Uninl:abiterl area [Sec. 56663(c)}
Area with less thrcn 12 registered voters L2habited area [Sec. 56663(d)J
Area witlc 12 or more registerert voters
All owneJ^s of land within affected area consent to Town provided written notice (of project .and TotivnS
annexation intent to not hold a protest proceeding to all property
owners and registered voters and ifno written opposition
is received from them prior to conclusion of meeting
All affected agencies that gain or lose territory give All affected agencies that gain or lose territory give
written consent to waiver of protest proceedings written consent to waiver of protest proceedings
If at the public hearing there is opposition expressed regarding the proposal or Town Council 's intent to waive protest
proceedings, then protest proceeding will be required.
Enclosures: Detailed Map and Description of proposal
N:~DEV~SUZANNEIANNEXATIOMHILOWN0.4U-IILOWY04SCC W.DOC
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Attachment 2
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INTENTIONALLYLEFTGLANK
CONSENT TO WAIVE PROTEST PROCEEDINGS
This form must be completed by agencies losing or gaining territory if they desire that protest
proceedings be waived.
DESIGNATED TITLE OF PROPOSAL: Hilow Road No. 4
Brief Description of Proposal:
This proposal is to annex a single .58 acre parcel of residential property (inclusive of road
right-of-way) to the Town of Los Gatos. It is within 300 feet of a Town maintained roadway,
within the Town's Urban Service Area Boundary, not under the Williamson Act, does not
create "islands", conforms to lines of assessment and has less than 12 registered voters.
Address: 16.397 Hilow Road, Los Gatos, CA 95032
Assesscir's Parcel Number: 532-04-062
The Santa Clara County Library Service Area, losing territory as a result of this proposal does
hereby consent to the waiver of protest proceedings in accordance with Government Code
Section 56663 (c) & (d).
~~ ..s
S gnatu e of Authorized Representative
//~ ~~~od
Date
Administrative Services Manager III
In the case of inhabited (12 of more registered voters) or uninhabited city or district annexations or detachments a~
.both, Sections 56663(c) & (d) of Government Code allows for waiver of protest proceedings if.•
Unir2ftabited area [Sec. 56663(c)J
Area with less than I2 registered voters Inhabited area [Sec. 56663(d)J
Area with 12 or more registered voters
All owners of land within affected area consent to Town provided written notice (of project and Totivn~
annexation intent to not hold a protest prroceedin~ to all property
owners and registered voters and if no written
opposition is received front them prior to conclusion of
• meeting
All affected agencies that gain or lose territory give All affected agencies that gain or lose territory give
written consent to waiver of protest proceedings written consent to waiver of protest proceedings
If at the public hearing there is opposition expressed regarding the proposal or Totivn Council 's intent to waive
protest proceedings, then protest proceeding will be required.
Ericlosures: Detailed Map and Description of proposal
N:5DEV15UZ:4~INE4lnnexation~I-IilowNo.4W ilowNai-L W.doc
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