3 - Marchmont Drive No. 2MEETING DATE: 09/06/11
ITEM NO. 3
COUNCIL AGENDA REPORT
DATE: August 25, 2011
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: ANNEXATION APPLICATION AN-07-143. PROJECT LOCATION: 16666
MARCHMONT DRIVE. PROPERTY OWNER/APPLICANT: ANITA
HUNTER.
ADOPT RESOLUTION MAKING DETERMINATIONS AND APPROVING
THE REORGANIZATION OF TERRITORY DESIGNATED MARCHMONT
DRIVE NO. 2 CONTAINING APPROXIMATELY .28 ACRES LOCATED AT
16666 MARCHMONT DRIVE (APN: 532-08-006). FILE #AN07-143.
RECOMMENDATION:
Adopt a resolution making determinations and approving the reorganization of territory designated
Marchmont Drive No. 2, containing approximately .28 acres located at 16666 Marchmont Drive
(APN: 532-08-006).
DISCUSSION:
On December 17, 2007, Town Council adopted aresolution approving an annexation of the subject
property. The property owner did not complete the annexation process at that time, but now wishes
to do so as she has a pending Architecture and Site application for a new residence. A new
resolution is required due to the length of time that has passed since the annexation was approved by
the Council. Staff has prepared a new resolution for this purpose (see Attachment 1). Following
adoption of the resolution, an annexation package will be sent to LAFCO for certification. The
certification must be complete before the petitioner can submit construction plans for building permit
plan check.
PREPARED BY: Wendie R. Rooney, Director of Community Development
Reviewed by: _Assistant Town Manager Town Attorney 4 Finance
Revised: 8/25/11 4:19 PM
N:\DEV\TC REPORTS \2011\MarchmontNo2-revreso.9.6-11.doc
Reformatted: 5/30/02
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: MARCHMONT DRIVE NO. 2; FILE #AN07-143.
August 25, 2011
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 fees
$2,000.00
County Assessor fee
$50.00
LAFCO processing fee
$1,154.00
State Board of Equalization fee
$300.00
The petitioner also paid a $2,400.00 annexation fee to the Town. Once the annexation is certified by
the State Board of Equalization, the Town will receive nine point six percent (9.6%) of the property
taxes.
Attachments:
1. Resolution making determinations and approving the reorganization of territory designated as
Marchmont Drive No. 2, approximately .28 acres located at 16666 Marchmont Drive (with
Exhibits A & B).
Distribution:
cc: Anita Hunter, 14107 Taos Drive, Saratoga, CA 95070
N:\DEV\TC REPORTS\2011\MarchmontNo2-revreso,9-6-11.doc
RESOLUTION 2011-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
MAKING DETERMINATIONS AND APPROVING THE
REORGANIZATION OF TERRITORY DESIGNATED
MARCHMONT DRIVE NO. 2
APPROXIMATELY .28 ACRES
LOCATED AT 16666 MARCHMONT DRIVE
(APN: 532-08-006)
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 .28
acres located at 16666 Marchmont Drive (APN 532-08-006) has been filed by Anita Hunter; 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 Councilmay
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 Marchmont Drive No. 2, 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 .28 acres.
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 the proposed annexation does not create island 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.
i. That the proposed annexation is consistent with the Town's General Plan.
j. That the territory to be annexed is contiguous to an existing 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, of the Town of
Los Gatos, California, held on September 6, 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
N:\DEV\RESOS\March montNo2-Reso-rev.9-6-11. doc
This Page
Intentionally
Left Blank
MISSION ENGINEERS, INC.
Responsive Reliable Results Since 1953
Planning
Land Surveying
Civil Engineering
Construction Staking
EXHIBIT "A"
Revised 8-01-07
ANNEXATION TO THE TOWN OF LOS GATOS
MARCHMONT DRIVE #2
All that certain real property, situate in the unincorporated area of Santa Clara County,
State of California, being a portion of Section 22, Township 8 South, Range 1 West,
Mount Diablo Meridian, more specifically being all of Lot 24 as shown on that certain
Map entitled
"Tract No. 328, Kenwood Acres" filed June 25, 1946 in Book 10 of Maps at Page 56,
Santa Clara County Records, and being more particularly described as follows:
BEGINNING at a point on the current Town of Los Gatos boundary as established by
the Annexation entitled "Kennedy Road #1"and lying thereon South 74° 21'45" East
32.36' from the Northwest corner thereof, said point being the Southwest corner of said
Lot 24;
Thence (1) along said Town of Los Gatos boundary, South 74° 21' 45" East, 95.19 feet
to the Southeast corner of said Lot 24;
Thence (2) leaving said boundary, along the East line of said lot 24,
North 12° 08' 15"East, 134.58 feet, to the Northeast corner of said Lot 24;
Thence (3) along the North line of said Lot 24, North 77° 51' 45" West, 30.41';
Thence (4) along a curve to the right having a Radius of 660.00 feet, through a Central
Angle of 4° 31' 00", an Arc Distance of 52.03 feet;
Thence (5) North 73° 20' 45" West, 10.28' to the Northwest comer of said Lot 24;
Thence (6) along the West line of said Lot 24, South 13° 10' 15" West, 131.65 feet to the
POINT OF BEGINNING and containing 0.285 acres of land more or less.
End of description.
355 Reed Street, Santa Clara, California 95050-3107
(408)727-8262 Fax (408)727-8285 missioneng@earthlink.net
EXHIBIT A
OF ATTACHMENT 1
This Page
Intentionally
Left Blank
v1.A C H V
N73'20'45'W
10,28
N/W CDR
LOT 24
TR, 328
P.O.B.
S/W CDR
LOT 24
TR, 328
32.36
S74'21'45'E
O\ T DIVE
(60' WIDE)
CD
D=4'31'00'
R=660.00
A=52,03
N77'51'45'W
30.41
SITE
LOT 24
TRACT NO, 328
KENWOOD ACRES
10 M 56
APN 532-08-006
0,2852 +/- ACRES
® S74'21'45'E
MARCHMONT DRIVE
o
3
SITE
LITTLEFIELD LANE
LOCATION MAP
NOT TO SCALE
N/E COR
LOT 24
TR, 328
Scale 1" = 30'
PORTION OF SEC 22
T 8 S R 1 W
MOUNT DIABLO MERIDIAN
S/E CDR
LOT 24
TR, 328
EXISTING TOWN LIMITS LINE/
OF TOWN OF LOS GATOS
PER ANNEXATION "KENNEDY RD. #1"
N/W CDR "KENNEDY RD# 1"
ANNEXATION
EXHI3IT " 3
PROPOSED ANNEXATION TO THE
TOWN OF LOS GATOS ENTITLED
MARCHMONT DRIVE # 2
EINIJOKI EHE1HEEN,[11KIC.
RESPONSIVE, RELIABLE RESULTS SINCE 1953
355 Reed St. Santa Clara, Calif 95050 (408) 727-8262 FAX: (408) 727-8285AL
'TSCALE: 1 "=30"
DATE REV 8-01-07
DWN KA
CH'KD
EXHIBIT B
OF ATTACHMENT 1
This Page
Intentionally
Left Blank