4 - Blossom Hill Manor No. 12MEETING DATE: 10/03/11
ITEM NO.
CONSENT ITEM LI
COUNCIL AGENDA REPORT
DATE: September 23, 2011
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: ADOPT RESOLUTION MAKING DETERMINATIONS AND APPROVING
THE REORGANIZATION OF TERRITORY DESIGNATED BLOSSOM HILL
MANOR NO. 12, CONTAINING APPROXIMATELY .25 ACRES LOCATED
AT 16380 OLEANDER AVENUE (APN: 523-13-049). FILE #AN11-002.
RECOMMENDATION:
Adopt a resolution making determinations and approving the reorganization of territory designated
Blossom Hill Manor No. 12, containing 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 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 September 19,
2011, Town Council meeting.
PREPARED BY: Wendie R. Rooney, Director of Community Development
Reviewed by: .)� Assistant Town Manager
Town Attorney
Finance
Reformatted: 5/30/02
Revised: 9/23/11 3:09 PM
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: BLOSSOM HILL MANOR NO. 12/AN11-002
September 23, 2011
DISCUSSION:
The Town received a petition from Jim and Dana Elliott, owners of the property at 16380 Oleander
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,
andhave 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
Blossom Hill Manor No. 12 (with Exhibits A & B)
Distribution:
Jim and 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\201 1 \BHManorNo.12-PP.doc
RESOLUTION 2011 -
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
MAKING DETERMINATIONS AND APPROVING THE
REORGANIZATION OF TERRITORY DESIGNATED
BLOSSOM HILL MANOR NO. 12
APPROXIMATELY .25 ACRES
LOCATED AT 16380 OLEANDER AVENUE
APN: 523-13-049
ANNEXATION APPLICATION: AN-11-002
PROPERTY OWNERS: JIM AND DANA ELLIOTT
APPLICANT: MICHAEL ROWE, BRITT-ROWE
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 .25
acres located at 16380 Oleander Avenue (APN 523-13-049), has been filed by Jim and Dana
Elliott; 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 Blossom Hill Manor Avenue No. 12, more
particularly described in Exhibit A and B;
Attachment 1
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 .25 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.
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.
if. 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 will not create an island, and will facilitate
provision of efficient 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 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.
BE IT FURTHER RESOLVED, pursuant to Section 56663 (c) the Town waives protest
proceedings.
BE IT 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.
BE IT 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 October 3,
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
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Left Blank
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 corner of intersection of Orange Blossom Drive
with Oleander 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
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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"
S01'50'00"W
ASSESSOR'S PARCEL NUMBERS:
523-13-049
30'
0
•
a' 2'.› )
82' °®
..••, 3,54
6.80'
(1
R=25.00'
L=23.98'
D=54'57'41"
0
0
-J
•w
0
a:
0
LAVENDER
0
OLEANDER
AVENUE
LILAC LANE
LOCATION MAP
i
•
/ BLOSSOM HILL /
MANOR NO.10 ° / RESOLUTION /
# 2002-6
!DATE: 5-6-2002 /
• DOC. # 16485141/�
APN 523-13-049
JAMES AND DANA ELLIOTT
DOC.# 17873997
16380 OLEANDER AVENUE
(4) N88'10'00"W 70.00'
ACREAGE: 0.25
oI ,� 1 DISCLAIMER:
, "For assessment purposes I)/
only. This description of
.Ns i 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."
LAFCO RESOLUTION NO.
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
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Left Blank