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 .
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