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Staff ReportPREPARED BY: JOEL PAULSON Community Development Director Reviewed by: Assistant Town Manager Town Attorney Finance C:\Users\slombardo\Downloads\Staff_Report.docx Reformatted: 5/30/02 Revised: 9/29/16 3:36 PM MEETING DATE: 10/04/16 ITEM NO: 5 COUNCIL AGENDA REPORT DATE: SEPTEMBER 21, 2016 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: ADOPT A RESOLUTION MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED AS WINTERBROOK ROAD NO .5, APPROXIMATELY 0.394 ACRES LOCATED AT 16020 WINTERBROOK ROAD. APN 523-26-014. FILE #AN16-005. RECOMMENDATION: Adopt a resolution (Attachment 2) making determinations and approving the reorganization of territory designated as Winterbrook Road No. 5, approximately 0.394 acres, located at 16020 Winterbrook Road (APN 523-26-014). 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 construction of a new single-family residence on the property. The total annexation area (0.394 acres) includes 0.166 acres of County street right-of-way. 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 annexation was introduced at the September 20, 2016 Town Council meeting and the protest proceedings are set for October 4, 2016. PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: WINTERBROOK ROAD NO. 5/AN16-005 SEPTEMBER 21, 2016 DISCUSSION: The Town has received a petition requesting annexation to the Town of Los Gatos from Joshua Stults, owner of the property at 16020 Winterbrook Road. The property is located on the east side of Winterbrook 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. Since this is an 100% consent, uninhabited annexation (less than twelve registered voters), a public hearing is not required. Required notice of the annexation was provided to Santa Clara County Planning and the County Library Service Area. 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 making determinations and approving the reorganization of territory designated as Winterbrook Road No. 5 (includes Exhibits A and B) Distribution: Joshua Stults, 16020 Winterbrook Road, Los Gatos, CA 95032 Wi nterbrook No. 5 ATTACHMENT 1 RESOLUTION 2016 - RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MAKING THE DETERMINATIONS AND APPROVING THE REORGANIZATION OF UNINHABITED TERRITORY DESIGNATED AS WINTERBROOK ROAD NO .5 APPROXIMATELY 0.394 ACRES PROPERTY LOCATED AT 16020 WINTERBROOK ROAD (APN: 523-26-014) ANNEXATION APPLICATION: AN16-005 PROPERTY OWNER: JOSHUA STULTS 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 0.394 acres located at 16020 Winterbrook Road (APN: 523-26-014), has been filed by Joshua Stults; 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 if 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 a 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 Winterbrook Road No. 5, more particularly described in Exhibits A and B. ATTACHMENT 2 2. That the following findings are made by the Town Council of the Town of Los Gatos: a. Said territory is uninhabited and comprises approximately 0.394 acres and includes 0.166 acres of County street right-of-way. b. 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 the California Environmental Quality Act (CEQA) under Title 14 Code of Regulations, Chapter 3: Guidelines for the Implementation of CEQA Section 15061(b)(3): Review for Exemption. d. The Town Council enacted Ordinance 1267 in 1975 pre-zoning the subject territory with an R-1:8 (single-family residential, 8,000-square foot minimum lot size) zoning designation. e. The territory is within the Town’s Urban Service Area as adopted by the Local Agency Formation Commission of Santa Clara County. f. 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. The proposed annexation will not create an island, and will facilitate provision of efficient municipal services. h. The proposed annexation does not split lines of assessment or ownership. i. The proposed annexation is consistent with the Town’s General Plan. j. The territory to be annexed is contiguous to a Town boundary. k. 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. 4. Pursuant to Section 56663(c) the Town waives protest proceedings. 5. That upon completion of these reorganization proceedings the territory described in Exhibit A will be annexed to the Town of Los Gatos and will be detached from the Santa Clara County Library Service Area. 6. 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 the 4th day of October, 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 N:\SHARE\COUNCIL REPORTS\2016\10-04-16\16020 Winterbrook Rd\Resolution making determinations and approving reorganization.docx EXH IBIT 'A' WINTERBROOK NO. 5 A NN EXATION TO THE TOWN OF LOS GATOS GEOGRAP HI C DESCRIPTI ON THE FOLLOWING LANDS ARE A PORTION OF RANCHO RINCONADA DE LOS GATOS; LYING IN THE COUNTY OF SANTA CLARA, STATE OF CALIFORNI A, DESCRIBED AS FOLLOWS : COMMENCING AT THE POINT OF BEGINNING (P.O.B.), SAID P.O.B. BEING AN ANGLE POINT IN THE EASTERLY LINE OF WINTERBROOK NO. 3; SAID ANGLE POINT BEING THE WESTERLY END OF THAT COURSE IN SAID WINTERBROOK NO. 3, "EASTERLY 15.00 FEEr, SAID P.O.B. BE ING THE CENTER POINT OF THE 40 FOOT RADIUS CURVE AS SHOWN ON TRACT NO . 505 , RECORDED IN BOOK 38 OF MAPS, PAGE 1; THENCE 1. N 39°32'30" E 40 .00 FEET ALONG THE WINTERBROOK NO . 3 LINE TO A POINT ON THE NORTHEAST LINE OF THE CUL-DE-SAC OF WINTERBROOK ROAD , SAID POINT BEI NG THE DIVIDING LINE OF LOTS 5 ANO 6 OF SAID TRACT NO . 505; THENCE LEAVING VVINTERBROOK NO. 3 2. ALONG A40 FOOT RADIUS CURVE TO THE RIGHT FROM A TANGENT OF S 50°27'30" E, CONCAVE TO THE SOUTHV\IEST, THROUGH AN INTERIOR ANGLE OF 85°32'30" WITH A CURVE LENGTH OF 59. 72 FEET AND A CHORD OF 54 .32 FEET; THENCE 3 . S 35°05'30• W 27 .54 FEET TO THE NORTHERLY CORNER OF LOT 7 OF SAID TRACT NO . 505;THENCE 4. S 72°55'40" E ALONG THE NORTHERLY LINE OF SAID LOT 7, 104.68 FEET; THENCE 5 . S 03°33'30" E ALONG THE EAST LINE OF SAID LOT 7, 60 .00 FEET; THENCE 6 . N 87°28'45" W ALONG THE SOUTH LINE OF SAID LOT 7, 162 .59 FEET TO THE SOUTHEAST LINE OF WINTERBROOK ROAD ; THENCE 7. S 35°05'30" W Al-ONG LAST SAID LINE, 26.46 FEET; THENCE 8. SOUTHERLY Al-ONG LAST SAID LINE, ALONG A 124.95 FOOT RADIUS CURVE TO THE LEFT, CONCAVE TO THE EAST-SOUTHEAST, HAVING AN INTERIOR ANGLE OF 35 05'30- FOR A LENGTH OF 76.53 FEET AND ACHORD OF 75.34 FEET TO A POINT ON THE NORTHERLY LINE OF WINTERBROOK NO . 1; THENCE 9. S 81 °22 '00" W ALONG THE LAST SAID LINE, 25.29 FEET TO THE NORTHWEST CORNER OF WINTERBROOK NO . 1, LAST SAID CORNER BEING ON THE CENTERLINE OF VVINTERBROOK ROAD AND EASTERLY LINE OF WINTERBROOK NO. 2; THENCE LEAVING WINTERBROOK NO . 1 10. NORTH ALONG THE LAST SAID LINE , 3.80 FEET; THENCE . 11. NORTHEASTERLY ALONG THE LAST SAID CENTERLINE ALONG A 149.95 FOOT RADIUS CURVE TO THE RIGHT, CONCAVE TO THE EAST-SOUTHEAST, HAVING AN INTERIOR ANGLE OF 23°17'04", FORA DISTANCE OF 60.94 FEET ANDA CHORD OF 60.52 FEET TO THE SOUTHEAST CORNER OF WINTERBROOK NO . 3 ; THENCE LEAVING WINTERBROOK NO. 2 EXHIBIT A 12. CONTINUING ALONG THE SOUTHEAST LINE OF VVJTERBROOK NO. 3 AND SAID 149.95 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 11°48'26 " FOR A DISTANCE OF 30.90 FEET AND A CHORD OF 30.85 FEET; THENCE 13. N 35°05'30" E ALONG LAST SAID SOUTHEAST LINE , 156.00 FEET; THENCE 14. N 54°54'30" W 15.00 FEET TO THE POINT OF BEGINNING. ANNEXATION VVINTERBROOK NO. 5 CONTAINS 0.394 ACRES, MORE OR LESS FOR ASSESSMENT PURPOSES ONLY. THIS DESCRIPTION OF LAND IS NOT A LEGAL PROPERTY DESCRI PTION AS DEFINED IN THE SUBDIVISION MAP ACT AND MAY NOT BE USED AS THE eASIS FORAN OFFER FOR THE SALE OF THE LANO DESCRIBED . REVISION. NO. 1: JULY 1, 2016- CHANGE OR ADD VAR IOUS DATA E x t4 \ B. 11 \\ 5·· PfZOPo~E D ANN£x.Al10N -PoR.."t\o,....C RAf'-.f C.Ho ''i NCDNA~f>f LOS G·AI~ TO TOvJN OF t:'DS GATOS.., Ci!>u ~ 1 '1 o F S l\tJ Ti\ Cd\QA ...1 l:f\LI F£>Rh!i P.\ EN'rn u: .. D WINTERBRODK. NO. 'S 1-D7-101it> 1-0,-20,b :Re'i/.~1: CtV\Nvf D~AOO LID c Alt OtJ I:)\ SCLAIMEIZ-! 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