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Hilow RoadPREPARED BY: JOEL PAULSON Community Development Director Reviewed by: Assistant Town Manager Town Attorney Finance https://legistarweb-production.s3.amazonaws.com/uploads/attachment/attachment/6196/Hilow_Road_Staff_Report_-_FINAL.doc 3/10/2016 4:44 PM MEETING DATE: 03/15/16 ITEM NO: 3 COUNCIL AGENDA REPORT DATE: MARCH 2, 2016 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: ADOPT A RESOLUTION TO SET A DATE FOR CONSIDERATION OF A REORGANIZATION OF AN UNINHABITED AREA DESIGNATED AS HILOW ROAD NO. 6, APPROXIMATELY 0.27 ACRES LOCATED AT 16362 HILOW ROAD. APN 532-04-082. FILE #AN16-001. RECOMMENDATION: Adopt a resolution (Attachment 2) to set a date for consideration of a reorganization of an uninhabited area designated as Hilow Road No. 6, approximately 0.27 acres, located at 16362 Hilow Road (APN 532-04-082). BACKGROUND: The Town has an agreement with Santa Clara County that requires annexation of any property located within the Town's Urban Service Area boundary that is either contiguous to a Town boundary or within 300 feet of a Town maintained roadway if a use is proposed to intensify. The subject property is contiguous to a Town boundary. Annexation has been requested in conjunction with a proposal to demolish an existing single-family residence and construct a new single-family residence on the property. Section 56757 of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 gives 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 first meeting and resolution sets the date for the consideration of the annexation and the protest proceeding. PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: HILOW ROAD NO. 6/AN16-001 MARCH 2, 2016 DISCUSSION: The Town has received a petition requesting annexation to the Town of Los Gatos from Valy Jalalian, owner of the property at 16362 Hilow Road. The property is located on the east side of Hilow Road in an unincorporated County pocket. The property is in the Town's Urban Service Area, is contiguous to the Town boundary, and is pre-zoned R-1:8 (single-family residential, 8,000 square foot minimum lot size). Annexation would allow Town services to be extended to the property and reduce an existing County pocket. Santa Clara County Planning and the County Library Service Area have been notified in writing of the annexation request. This agenda item, if approved, would set the date for consideration of the annexation application for April 5, 2016. COORDINATION: The preparation of this report was coordinated with the Santa Clara County Library District, LAFCO, County of Santa Clara County Assessor, County of Santa Clara County Surveyor, and the Santa Clara County Planning Division. FISCAL IMPACT: Once the annexation is certified by the State Board of Equalization, the Town will receive 9.6% of the property taxes. ENVIRONMENTAL ASSESSMENT: This is a project as defined under CEQA, but is Categorically Exempt under Section 15061(b)(3). A Notice of Exemption will not be filed. Attachments: 1. Location Map 2. Resolution to set a date for consideration of reorganization of uninhabited territory designated Hilow Road No. 6 (includes Exhibits A and B) Distribution: Valy Jalalian 140 Clover Way, Los Gatos, CA 95032 Hilow Road No. 6 BLOSSOM HILL RO ATTACffiNENT 1 This Page Intentionally Left Blank RESOLUTION 2016 - RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS TO SET A DATE FOR CONSIDERATION OF A REORGANIZATION OF AN UNINHABITED TERRITORY DESIGNATED HILOW ROAD NO. 6 PROPERTY LOCATED AT 16362 HILOW ROAD APPROXIMATELY 0.27 ACRES (APN: 532-04-082) WHEREAS, the Town Council of the Town of Los Gatos has received a request for annexation of territory designated Hilow Road No. 6 from Valy Jalalian, owner of the property at 16362 Hilow Road; and WHEREAS, the property, 0.27 acres located at 16362 Hilow Road, APN: 532-084-082, is contiguous to the Town of Los Gatos and within the Town's Urban Service Area; and WHEREAS, the following special district 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 Ordinance 1268 in 1975 pre -zoning the subject territory with an R-1:8 (single-family residential, 8,000-square foot 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 Council 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 ATTACHMENT 2 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. NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Los Gatos hereby initiates annexation proceedings and will consider annexation of the territory designated as Hilow No. 6 at its regular meeting on March 15, 2016. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 15th day of March, 2016, 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' ANNEXATION TO THE TOWN OF LOS GATOS HILOW ROAD NO. 6 GEOGRAPHIC DESCRIPTION All that certain property situate in the Unincorporated Area of the County of Santa Clara, State of California, being Lot 18 as shown on the map entitled "TRACT NO. 616", filed on January 17, 1950 in Book 26 of Maps at Pages 8 and 9, Santa Clara County records; being a part of Rancho Rinconada de Los Gatos, more particularly described as follows: BEGINNING at the northeast corner of that certain annexation to the Town of los Gatos entitled "HILOW ROAD NO. 4", said point being on the southeasterly line of Hilow Road, 60.00 feet wide; Thence along the southeasterly line of said "HILOW ROAD NO. 4" annexation, (1) South 19° 40' 05" West, 196.70 feet to the TRUE POINT OF BEGINNING, being the most northerly corner of said Lot 18; Thence (2) leaving said southeasterly line, along the northeasterly line of said Lot 18, South 70° 19' 55" East, 157.06 feet to the most easterly corner of said Lot 18; Thence (3) leaving said northeasterly line, along the southeasterly line of said Lot 18, South 19° 40' 00" West, 75.00 feet to the most southerly corner of said Lot 18; Thence (4) leaving said southeasterly line, along the southwesterly line of said Lot 18, North 70° 19' 55" West, 157.06 feet to a point on the southeasterly line of said "HILOW ROAD NO. 4" annexation; Thence (5) leaving said southwesterly line, along said southeasterly line, North 19° 40' 05" East, 75.00 feet to the TRUE POINT OF BEGINNING and containing 0.270 acres of land, more or Tess. END OF DESCRIPTION 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. Kristina D. Comerer, PLS 6766 Rev. Date: , 2 , EXHIBIT A of Attachment 2 This Page Intentionally Left Blank LOCATION MAP GATOS BLVD. EN ROBIE LN. CO AVENE OD ycn E. LA CHIQUITA z AVENUE a s HIL." '1 z r SITE va 0 EXHIBIT B PROPOSED ANNEXATION TO TOWN OF LOS GATOS HILOW ROAD NO. 6 LYING WITHIN UNINCORPORATED AREA OF SANTA CLARA COUNTY, CALIFORNIA SCALE: 1 " = 50' JANUARY 2016 HILOW ROAD KRISTINA D. COMERER PLS 6766 REV. DATE: 'Z/ oz 11 ip z to 2 03 _iN 19.40'05" E 75.005 75.00 TRACT 1VO 616 26 MAPS B & J EXISTING 1-I TOWN OF LOS GATOS HILOW ROAD NO. 4 ANNEXATION 3 „ 5g,fi l.©L S 01 S 19'40'05" W 196.70 c1 r TRUE POINT OF BEGINNING POINT OF BEGINNING S 19'40'00" W 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. RANCHO RINCONADA DE LOS GATOS LEGEND BOUNDARY LINE OF PROPOSED ANNEXATION EXISTING TOWN OF LOS GATOS BOUNDARY CROSS LAND SURVEYING, INC. 2210 MT. PLEASANT ROAD E� SAN JOSE, CA 95148 or (408) 274-7994 PROJECT NO. 15-120 EXHIBIT B of Attachment 2 This Page Intentionally Left Blank