2011081505 - Reorganization of Territory - Englewood Avenue No. 6COUNCIL AGENDA REPORT
DATE: July 26, 2011
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
MEETING DATE: 08/15/11
ITEM NO.5
CONSENT ITEM
SUBJECT: ADOPT RESOLUTION MAKING DETERMINATIONS AND APPROVING
THE REORGANIZATION OF TERRITORY DESIGNATED ENGLEWOOD
AVENUE NO. 6, CONTAINING APPROXIMATELY .42 ACRES LOCATED
AT 16583 ENGLEWOOD AVENUE (APN: 532-07-098). FILE #AN11-001.
RECOMMENDATION:
Adopt a resolution making determinations and approving the reorganization of territory designated
Englewood Avenue No. 6, containing 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 that is either contiguous to a Town
boundary, or within 300 feet of a Town maintained roadway if the use is intensified. The annexation
was initiated in 2001 in conjunction with an Architecture and Site application for a new residence,
but was never completed. The owners are now finalizing the annexation as a condition of the sale of
the property.
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 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 annexation was introduced at the August 1, 2011,
Town Council meeting.
PREPARED BY: Wendie R. Rooney, Director of Community Development
Reviewed by:
6
Assistant Town Manager Town Attorney Clerk Finance
Community Development
Revised: 7/26/11 3:29 PM
Reformatted: 5/30/02
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ENGLEWOOD AVENUE NO. 6; FILE #AN11-001
July 21, 2011
DISCUSSION:
The Town received a petition from Bill & Heidi Rehbock, owners of the property at 16583
Englewood Avenue, requesting annexation to the Town of Los Gatos. The property is located in an
unincorporated island of the County, within the Town's Urban Services Area boundary. The parcel is
pre -zoned R-1:8 (single family residential, 8,000 sq. ft. minimum lot size) Annexation will allow
Town services to be extended to the properties and help fill an existing County island.
Since this is a 100% consent, uninhabited annexation (less than twelve registered voters), a public
hearing is not required. Required notice of the annexation and waiver of protest proceeding was
provided to Santa Clara County Planning and County Library Service Area.
ENVIRONMENTAL ASSESSMENT:
Pursuant to Section 15061(b)(3) of the California Environmental Quality Act, annexation of the
subject property is categorically exempt. No further environmental analysis is required.
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 petitioner has also paid a $1,600.00 annexation fee 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 as
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-PP.doc
RESOLUTION 2011 -
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
MAKING DETERMINATIONS AND APPROVING THE
REORGANIZATION OF TERRITORY DESIGNATED
ENGLEWOOD AVENUE NO. 6
APPROXIMATELY .42 ACRES
LOCATED AT 16583 ENGLEWOOD AVENUE
(APN: 532-07-098)
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 .42
acres located at 16583 Englewood Avenue (APN 532-07-098), and including Englewood
Avenue right-of-way; 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 conducting 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:
1. That it is the conducting authority pursuant to Section 56757 of the Government Code for
the annexation of property designated as Englewood Avenue No. 6, more particularly
described in Exhibit A and B;
2. That the following findings are made by the Town Council of the Town of Los Gatos:
a. That said territory is uninhabited and comprises approximately .42 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.
Attachment 1
c. 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 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.
e. That the territory is within the Town urban service area as adopted by the Local
Agency Formation Commission of Santa Clara County.
f. 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 while the proposed annexation will create an island, it will facilitate efficient
municipal services including road maintenance r.
h. That the proposed annexation does not split lines of assessment or ownership.
i. That the proposed annexation is consistent with the Town's General Plan.
j. That the territory to be annexed is contiguous to a Town boundary.
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 all owners of land within the affected territory have provided written consent to the
reorganization and no subject agency has submitted written opposition to a waiver of
protest proceedings.
FURTHER RESOLVED, pursuant to Section 56663 (c) the Town waives protest
proceedings.
FURTHER RESOLVED, that upon completion of these reorganization proceedings the
territory described in Exhibits A and B will be annexed to the Town of Los Gatos and will be
detached from the Santa Clara County Library Service Area.
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 August
15, 2011, 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
This Page
Intentionally
Left Blank
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
This Page
Intentionally
Left Blank
LEGEND
EXISTING TOWN LIMIT PROPOSED TOWN LIMIT
EXISTING BOUNDARY LINE
STREET CENTERLINE
EXHIBIT "B"
® BD !IMP COI Cs
FERRIS AVENUE #1
ANNEXATION
4-4-1966
ENGLEWOOD ANNEXATION #8
RESOLUTION # 2009-038
DATE: 5-4-2009
DOC. # 20298609
:i +3,(
yi^. APN 532-07-098
BILL REHBOCK
DOC.4 16730678
16583 ENGLEWOOD AVENUE
(4)
S�®��®_
E 163-00'_®®s
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."
ASSESSOR'S L NUMBERS:
532-07-098
ACREAGE: 0.42
p •INS
BEGINNING */
(V
c,)D
c"\/-
A?
_A 1
« „ V/r
a•
•
5
5
T
TE
TOPPING
00 WAY
MARCHMONT
c=AvDRIVE
�LITTLEFIELD
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
Ezhibit B
This Page
Intentionally
Left Blank