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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 This Page 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/ �S 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