2010101805 - 16417 PEACOCK LANE AND 16200 SHANNON ROADtown of MEETING DATE: 10/18/10
/ ITEM NO.
_ Y,,,.., ~ CONSENT ITEM
j ~ i. COUNCIL AGENDA REPORT
!ps GAtOS
DATE: October 5, 2010
TO: MAYOR AND TOWN COUNCIL
FROM: GREG CARSON, TOWN MANAGER
SUBJECT: ADOPT RESOLUTION SETTING DATE FOR CONSIDERATION OF
REORGANIZATION OF AN UNINHABITED AREA DESIGNATED AS
PEACOCK LANE NO. 2, APPROXIMATELY 2.8 ACRES LOCATED AT
16417 PEACOCK LANE AND 16200 SHANNON ROAD (APNs: 532-02-028
& 075); FILE #AN10-002.
RECOMMENDATION:
Adopt resolution setting date for consideration of reorganization of uninhabited area designated as
Peacock Lane No. 2, approximately 2:8 acres located at 16417 Peacock Lane and 16200 Shannon
Road (APNs: 532-02-028 & 075).
BACKGROUND:
The Town has an agreement with Santa Clara County that requires annexation of any property
located within the Tol~ai's Urban Services Area bowidaly and contiguous to a Town boundary or
within 300 feet of a Town maintained roadway if the use is intensified. The property owner at 16417
Peacock Laue has requested annexation in conjunction with a future Architecture and Site
application for an addition to and significant remodel of the existing residence. The owner of 16200
Shannon Road has requested amlexation independent of a development application.
Section 56757 of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 gives
the cities in Santa Clara County the authority to almex territory without application to and heariig by
the Santa Clara County Local Agency Formation Commission (LAFCO). The process is initiated by
the Town after the property owner files an alulexation 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 amlexation. Tlnis first
meeting and resolution sets the date for the protest proceeding.
PREPARED BY: Wendie R. Rooney, Director of Community Development
Reviewed by,:,-~tl~~.~4' Assistant Town Manager own Attorney Clerk SGFinalnce
;,~n,~j COminUlllty DBVelOplllellt Revised:l0/~/10 12:46 PM
Refonnatted:5/30/02
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: PEACOCK LANE NO. 2; FILE #AN10-002.
October 6, 2010
DISCUSSION:
The Town has received a petition requesting aimexation to the Town of Los Gatos from Erik
Vanderburg, owner of the property at 16417 Peacock Lane; and Daniel Bainbridge, owner of the
property at 16200 Shamion Road. The properties are located in an unincorporated island of the
County. The armexation includes the Peacock Lane light-of--way.
The properties are in the Town's Urban Services Area, are contiguous to a Town boundary, and are
pre-zoned R-1:20 (single familyresidential, 20,000 square feet minimum lot size). Armexation will
allow Town services to be extended to the properties and help fill an existing County "island." Santa
Clara County Plamiing and the County Library Service Area have consented to waive protest
proceedings. The protest proceeding has been scheduled for November 1, 2010.
ENVIRONMENTAL ASSESSMENTS:
Amiexation of the subject properties is exempt from the California Enviromnental Quality Act
guidelines, pursuant to Section 15061(b)(3).
FISCAL IMPACT:
The following fees are assessed by Santa Clara County, LAPCO, and the State Board of
Equalization, and are paid by the petitioner:
Ma ,Legal Description, and Guideline Checking Fees $2,000 (paid)
LAFCO Processing Fee $1,154
State Board of Equalization Fee $350
The petitioners also paid an Amlexation Fee of $1,346.00 to the Town.
Once the annexation is certified by the State Board of Equalization, the Town will receive 9.6% of
the property taxes.
Attaclunents:
Resolution making determinations and approving the reorganization of ten~itony designated
Peacock Lane No. 2, with Exhibits A & B.
Distribution:
Erik Vanderbrtrg, 16417 Peacock Lane, Los Gatos, CA 95032
Dan Bainbridge, 16200 Shannon Road, Los Gatos, CA 95032
Michael Lopez, Planning Manager; Environmental Resources Agency, 7°i Floor; County Government Center,
East Wing; 70 W. Hedding Sheet, San Jose, CA 95110
N:\DE V \SUZANNE\Council\Iiep oits\Ann exati on\PeacockNo.2-intro. d oc
RESOLUTION 2010 -
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF,LOS GATOS
SETTING DATE FOR CONSIDERATION OF REORGANIZATION
OF UNINHABITED TERRITORY DESIGNATED
PEACOCK LANE NO. 2,
PROPERTY LOCATED AT 16417 PEACOCK LANE & 16200 SHANNON ROAD;
APPROXIMATELY 2.8 ACRES (APNs: 532-02-028 & 075)
WHEREAS, the Town Council of the Town of Los Gatos has received a request for
annexation of territory designated Peacock Lane No. 2 from Erik Vanderburg and Daniel Bainbridge;
and
WHEREAS, the property, 2.8 acres (inclusive of the Peacock Laneright-of--way) at 16417
Peacock Lane and 16200 Shannon Road, APNs: 532-02-028 & 075, is contiguous to the Town of
Los Gatos and within the Town's urban service area; and
WHEREAS, the following special dishicts 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-1:20 (single family residential, 20;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 from the_Califomia
Environmental Quality Act guidelines, pursuant to Section 15061(b)(3); and
WHEREAS, the County Surveyor of Santa Clara Countyhas found the description andmap
(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 Govenunent 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, Goverrunent Code Section 56663(x) provides that if a petition for amiexation is
signed by all owners of land within the affected temtory 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 Peacock Lane No. 2 at their regular meeting of October 18, 2010.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 1 ~` day of
November, 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 OF LOS GATOS
LOS GATOS, CALIFORNIA
N'1UENSUZANNEIAnnezaeion~PeacockNa..? W eacockNo2-Reso Ldoc
EXHIBIT A
ANNEXATION LINE OF PEACOCK LANE N0.2 TOWN OF LOS GATOS
Situate in Rancho Rinconada De Los Gatos, County of Santa Clara, State of California
Being all of the lands conveyed to Erik J Van Der Burg and Patti G Van Der Burg, trustees of the
Van Der Burg Revocable Inter Vivos Trust, by Grant Deed dated September 30, 2004 and recorded
April 13, 2005 as document number 18320717 of Official Records, Santa Clara, County Records
and;
Being all of the lands conveyed to Daniel C. Bainbridge and Mary-Lynne T. Bainbridge, husband
and wife, or Successor(s), Trustees of the Bainbridge Family Trust, by Grant Deed dated June 22,
1988 and recorded April 13, 2005 as document number 9816345 of Official Records, Santa Clara
County Records and being more particularly bounded and described as follows to wit:
Beginning at the point of intersection of the southern right-of-way line of Shannon Road with the
westerly line of that certain annexation entitled "Blossom Hill No. 2,' also being the northeastern
corner of Lot 1, as said lot is shown and delineated on that certain Tract Map entitled "Tract No. 527
A.C. Marsh Subdivision,' recorded July 12, 1948 in Book 18 of Maps at Page 51, Santa Clara
County Records.
Thence from said point of beginning leaving said western annexation line and along said
southern right-of-way Tine of Shannon Road [i ]North 78 ° 54' West 115.00 feet to the eastern right-
of-way line of Peacock Lane as shown on said aforementioned Tract Map;
thence along said eastern right-of-way line of Peacock Lane [2] along a curve concave to the
southeast with a radius of 20.00 feet through a central angle of 91 ° 00' 00" and a distance of 31.77
feet;
thence continuing along said eastern right-of-way line of Peacock Lane [3] South 10° 06' West
318.68 feet;
thence [4] along a curve concave to the north with a radius of 40.00 feet through a central angle of
91 ° 00' 00" and a distance of 63.53 feet to the southeast corner of Parcel Two of said Lands of Van
Der Burg;
thence leaving said line of Peacock Lane along the southwestern boundary of Parcel Two of Said
Lands of Van Der Burg [5] North 78° 54' West 8.74 feet to the northeast corner of that certain
annexation entitled 'Peacock Lane No. 1,' and recorded as document number 14562220, Official
Records of Santa Clara County;
thence along said last mentioned boundary [6] North 78 °54' W est 20.00 feet to an angle point in the
northeasterly line of that certain annexation entitled'Bonnie Lane No. 4,' and recorded as document
number 7660170 of Official Records, Santa Clara County Records;
thence leaving said annexation line of Peacock Lane No.1 and along said annexation line of Bonnie
Lane No. 4, the following courses and distances:
[7] North 78°54' West 138.74 feet to an angle point therein;
E%HIBIT A
[8] North 12° 00' East 8.83 feet to an angle point;
[9] North 78° 56' West 62.43 feet to an angle point;
[10] North 10° 59' East 110.00 feet to an angle point;
[11] North 9° 29' East 75.00 feet to the southeastern corner of that certain annexation
entitled'Shannon Road No. 4;'
thence leaving said annexation line of Bonnie Lane No. 4 and along the easterly annexation line of
said Shannon Road No. 4 [12] North 9° 29' East 216.00 feet to an angle point;
thence [13] North 6° 12' 53"West 20.95 feet to an angle point in the southwesterly annexation line
of said Blossom Hill No. 2;
thence leaving said annexation line of Shannon Road No. 4 and along said annexation line of
Blossom Hill No. 2 [14] South 78° 54' East 413.00 feet to an angle point;
thence [15] South 10°06' West 50.01 feet to the point of beginning, and
Excepting therefrom. Lots 7, 8 and 9, as said lots are shown and delineated on that certain Tract
Map entitled 'Tract No. 527 A.C. Marsh Subdivision,' recorded July 12, 1948 in Book 18 of Maps at
Page 51, Santa Clara County Records, and
Being a parcel of 2.80 acres, more or less
For assessment purposes only. This description of land is not a legal propertydescription as defined
in the Subdivision Map Act and may not be used as the basis for any offer for sale of the land
described.
Surveyed and Compiled in July 2010 by Dunbar and Craig Land Surveys, Inc.
File no. 2010-097
Drawn By JPH
Checked By _
September 15, 2010
CURT G. DUNBAR PLS 5615 RENEWAL DATE 9/30/10
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