2011080101 - Annexation - Englewood Avenue No. 6 - 16583 Englewood AvenueMEETING DATE: 08/01/11
ITEM NO. I
CONSENT ITEM
COUNCIL AGENDA REPORT
DATE: July 21, 2011
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: ADOPT RESOLUTION SETTING DATE FOR CONSIDERATION OF
REORGANIZATION OF AN UNINHABITED AREA DESIGNATED AS
ENGLEWOOD AVENUE NO. 6, APPROXIMATELY .42 ACRES LOCATED
AT 16583 ENGLEWOOD AVENUE (APN: 532-07-098); FILE #AN11-001.
RECOMMENDATION:
Adopt resolution setting date for consideration of reorganization of uninhabited area designated as
Englewood Avenue No. 6, approximately .42 acres located at 16583 Englewood Avenue (APN: 532-
07-098).
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 contiguous to a Town boundary or
within 300 feet of a Town maintained roadway if the use is intensified. The property owner at 16583
Englewood Avenue originally requested annexation in 2001 in conjunction with an Architecture and
Site application for a new residence, but the process was never completed. The owner is now
completing the process to finalize the annexation.
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 Emulation 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: Wendie R. Rooney, Director of Community Development
Reviewed by:ssistant Town Manager
ormnunity Development
Town Attorney Clerk e Finance
Revised: 7/21/11 8:26 AM
Reformatted: 5/30/02
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ENGLEWOOD AVENUE NO. 6; FILE #AN11-001.
July 21, 2011
DISCUSSION:
The Town has received a petition requesting annexation to the Town of Los Gatos from Bill
Rehbock & Heidi Rehbock, owners of the property at 16583 Englewood Avenue. The property is
located in an unincorporated island of the County. The annexation includes a portion of the
Englewood Avenue right-of-way.
The property is in the Town's Urban Services Area, is contiguous to a Town boundary, and is pre -
zoned R-1:8 (single family residential, 8,000 square feet 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 been notified of the annexation request.
The protest proceeding has been scheduled for August 15, 2011.
ENVIRONMENTAL ASSESSMENTS:
Annexation of the subject property is exempt from 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 have been paid by the petitioner:
County Surveyor Map, legal description and guideline checking fee
$2,000.00
County Assessor's fee
80.00
LAFCO processing fee
$1,154.00
State Board of Equalization fee
$300.00
The petitioners also paid an Annexation Fee of $1,600.00 to the Town.
Once the annexation is certified by the State Board of Equalization, the Town will receive 9.6% of
the property taxes.
Attachments:
1. Resolution making determinations and approving the reorganization of territory designated
Englewood Avenue No. 6, with Exhibits A & B.
Distribution:
Bill & Heidi Rehbock, 16583 Englewood Avenue, Los Gatos, CA 95032
WRR:SD:ct
N:\DEV\TC REPORTS \2011\EnglewoodNo.6-intro.doc
RESOLUTION 2011-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
SETTING DATE FOR CONSIDERATION OF REORGANIZATION
OF UNINHABITED TERRITORY DESIGNATED
ENGLEWOOD AVENUE NO. 6,
PROPERTY LOCATED AT 16583 ENGLEWOOD AVENUE;
APPROXIMATELY .42 ACRES (APN: 532-07-098)
WHEREAS, the Town Council of the Town of Los Gatos has received a request for
annexation of territory designated Englewood Avenue No. 6 from Bill & Heidi Rehbock; and
WHEREAS, the property, .42 acres (inclusive of the Englewood Avenue right-of-way) at
16583 Englewood Avenue, APN: 532-07-098, is contiguous to the Town of Los Gatos and within
the Town's 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 25 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 from the California
Environmental Quality Act guidelines, pursuant to Section 15061(b)(3); and
WHEREAS, the County Surveyor of Santa Clara County has found the description and map
(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 Englewood Avenue No. 6 at their regular meeting of August 15, 2011.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 1 s` day of
August, 2011, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
EXHIBIT "A"
ENGLEWOOD AVENUE ANNEXATION NO.6
TO TOWN OF LOS GATOS
All that certain property being portion of Rancho Rinconada De Los Gatos, situated in the County
of Santa Clara, State of California, more particularly described as follows:
Beginning at a point on the Westerly right of way line of Englewood Avenue, 50 feet wide and
Southwesterly Town Limit as established by Englewood Annexation No. 8, approved by Town of
Los Gatos Resolution No. 2009-038, May 5, 2009, and recorded as Document # 20298609;
(1) Thence along said Westerly right of way line, being the west line of a right of way strip 50 feet
wide, South 32 Degrees 11 Minutes West, a length of 72.00 feet;
(2) Thence leaving said right of way line, North 78 Degrees 41 Minutes West, a length of 163.00
feet;
(3) Thence South 32 Degrees 11 Minutes West, a length of 72.00 feet;
(4) Thence South 78 Degrees 41 Minutes East, a length of 163.00 feet to a point on Westerly right
of way line of Englewood Avenue;
(5) Thence South 57 Degrees 49 Minutes East, a length of 50.00 feet to the Easterly right of way
line of Englewood Avenue;
(6) Thence along said right of way line, North 32 Degrees 11 Minutes East, a length of 144.00 feet;
(7) Thence North 57 Degrees 49 minutes West, a length of 50.00 to the point of beginning.
Containing 0.42 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."
April 25, 2011
Exhibit A
of Attachment 1
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Intentionally
Left Blank
LEGEND
EXISTING TOWN LIMIT PROPOSED TOWN LIMIT
EXISTING BOUNDARY LINE
STREET CENTERLINE
FERRIS AVENUE #1
ANNEXATION
4-4-1966
EXHIBIT "B"
4M MD
-Ne41 W 763 _ ,
ENGLEWOOD ANNEXATION #8
RESOLUTION # 2009-038
DATE: 5-4-2009
DOC. # 20298609
">��o APN 532-07-098 098'BILL REHBOCK
3ON##ED7 1658EGLWOO
AVENUE
(4)
S7g 1414 _"o�
E 763.07r- --
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."
ASSESSORS "`" NUMBERS:
532-07-098
p01NT
BEGINNING^ .i/
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LITTLEFIELD
%ei LANE
ACREAGE: 0.42
T
ITE
TOPPING
WAY
MARCHMONT
4?�DRI DRIVE
TLITTLEFIELD
KENNEDY ROAD
LOCATION MAP
LAFCO RESOLUTION NO.
WESTFALL ENGINEERS, INC.
14583 BIG BASIN WAY
SARATOGA, CA.
TEL 408-867-0244, FAX 408-867-6261
DATE: April 2011
SCALE: 1"=50'
DRAWN BY: JC
CHECKED BY: HB
JOB NO. 2011-033
REVISIONS. / \
ENGLEWOOD AVENUE
ANNEXATION NO. 6
16583 ENGLEWOOD AVENUE
LOS GATOS, CA
PORTION OF RANCHO RINCONADA
DE LOS GATOS
Exhibit I
of Attachment 1
This Page
Intentionally
Left Blank