2011091905 - Resolution of reorganization Blossom Hill Manor - 16380 Oleander AveMEETING DATE: 09/19/11
ITEM NO.
CONSENT ITEM 5
COUNCIL AGENDA REPORT
DATE: September 9, 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
BLOSSOM HILL MANOR NO. 12, APPROXIMATELY .25 ACRES
LOCATED AT 16380 OLEANDER AVENUE (APN: 523-13-049); FILE
#AN 11-002.
RECOMMENDATION:
Adopt resolution setting date for consideration of reorganization of uninhabited area designated as
Blossom Hill Manor No. 12, approximately .25 acres located at 16380 Oleander Avenue (APN: 523-
13-049).
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 has
requested annexation independent of any development application, although a future application for
property improvements is anticipated.
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 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.
t-d7
PREPARED BY: Wendie R. Rooney, Director of Community Development
Reviewed by: ) Assistant Town Manager Town Attorney ." Finance
Reformatted: 5/30/02 Revised: 9/9/11 12:13 PM
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: BLOSSOM HILL MANOR NO. 12; FILE #AN11-002.
September 9, 2011
DISCUSSION:
The Town has received a petition requesting annexation to the Town of Los Gatos from Jim and
Dana Elliott, owners of the property at 16380 Oleander Avenue. The property is located in an
unincorporated island of the County known as Blossom Hill Manor.
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 October 3, 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 $2,725.00 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
Blossom Hill Manor No. 12, with Exhibits A & B.
Distribution:
Jim & Dana Elliott, 16380 Oleander Avenue, Los Gatos, CA 95032
Michael Rowe, Britt -Rowe, 108 N. Santa Cruz Avenue, Los Gatos, CA 95030
WRR:SD:ct
N:\DEV\TC REPORTS \2011\BHManorNo.12-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
BLOSSOM HILL MANOR NO. 12,
PROPERTY LOCATED AT 16380 OLEANDER AVENUE;
APPROXIMATELY .25 ACRES (APN: 523-13-049)
WHEREAS, the Town Council of the Town of Los Gatos has received a request for
annexation of territory designated Blossom Hill Manor No. 12 from Jim and Dana Elliot: and
WHEREAS, the property, .25 acres at 16380 Oleander Avenue, APN: 523-13-049, 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 Blossom Hill Manor No. 12 at its regular meeting of October 3, 2011.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 19th day of
September, 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
EXHIBIT "A"
BLOSSOM HILL MANOR NO. 12
ANNEXATION 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 Southeast comer of intersection of Orange Blossom Drive
with OIeander Avenue and Westerly boundary of the Town of Los Gatos established by
"Annexation Blossom Hill Manor No. 10" by resolution 2002-6 on May 6, 2002 and
recorded as a Document No. 16485141;
(1) Thence along Southerly right of way line of Oleander Avenue (60 feet wide) and
limit of Town of Los Gatos 23.98 feet along a non -tangent curve to the right, said
curve having a radius of 25.00 feet, a delta 54 Degrees 57 Minutes 41 Seconds
and a radial bearing South 26 Degrees 39 Minutes 16 Seconds East;
(2) Thence South 61 Degrees 41 Minutes 35 Seconds East a length of 86.80 feet;
(3) Thence leaving said right of way and Town's limit South 28 Degrees 18 Minutes
25 Seconds West a length of 98.34 feet;
(4) Thence North 88 Degrees 10 Minutes 00 Seconds West a length of 70.00 feet to
the Easterly right of way line of Orange Blossom Drive (60 feet wide);
(5) Thence along said right of way North 01 Degrees 50 Minutes 00 Seconds East a
length of 104.34 feet to a tangent curve to the right;
(6) Thence 26.84 feet along said curve with radius of 25.00 feet and a delta 61
Degrees 30 Minutes 34 Seconds to the point of beginning.
Containing 0.25 acres more or less.
Revision 1 — August 8, 2011
Exhibit A
Of Attachment 1
This Page
Intentionally
Left Blank
LEGEND
EXISTING TOWN LIMIT
PROPOSED TOWN LIMIT
EXISTING BOUNDARY LINE
STREET CENTERLINE
OLEANDER
(6)
R=25.00' —
L=26.84'
D=61'30'34"
EXHIBIT "B"
MD
MO
MO MO
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ASSESSOR'S PARCEL NUMBERS:
523-13-049
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OLEANDER
AVENUE
LILAC LANE
LOCATION MAP
/
/ BLOSSOM HILL /
MANOR NO.10 .
/ RESOLUTION /
# 2002-6
•
DATE: 5-6-2002 /
(• DOC. # 16485141/�
1
R=25.00'
L=23.98'
D=54'57'41"
8' 25; (2)
82•'®. S•6
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6,
L.?•F 66, Bp.
APN 523-13-049
JAMES AND DANA ELLIOTT
DOC. 17873997
16380 OLEANDER AVENUE
.•
/
N04
0)ODo
,� / DISCLAIMER:
, o "For assessment purposes
7
only. This description of
.-., land Is not a legal property
N% description as defined in
r./ the Subdivision map Act
and may not be used as
i the basis for an offer for
,� , sale of the land described."
(4) N88'10'00"W 70.00'
ACREAGE: 0.25
•
LAFCO RESOLUTION NO.
'o
WESTFALL ENGINEERS, INC.
14583 BIG BASIN . WAY
SARATOGA, CA.
TEL 408-867-0244, FAX 408-867-6261
DATE: JULY 2011
SCALE: 1"=40'
DRAWN. BY: JC
CHECKED BY: HB
JOB NO. 2011-098
REVISIONS: / \
1 - August-8-11
2 — August-23-11
BLOSSOM HILL MANOR
ANNEXATION NO. 12
16380 OLEANDER AVENUE
LOS GATOS, CA
PORTION OF RANCHO RINCONADA
DE LOS GATOS
Exhibit B
Of Attachment 1
This Page
Intentionally
Left Blank