2019-004 - Make determinations and approve the reorganization of El Gato Lane No. 3 at 15760 El Gato LnRESOLUTION 2019 -004
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
MAKING DETERMINATIONS AND APPROVING THE
REORGANIZATION OF AN UNINHABITED AREA DESIGNATED AS
EL GATO LANE NO. 3
APN: 523 -27 -048
APPROXIMATELY 0.19 ACRES
ANNEXATION APPLICATION: AN18 -002
PROPERTY LOCATION: 15760 EL GATO LANE
PROPERTY OWNER /APPLICANT: MICHAEL AND KATHRYN MARCHAK
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 and the Lighting
Service Area, consisting of 0.19 acres, located at 15760 El Gato Lane (APN: 523 -27 -048), has
been filed by Michael and Kathryn Marchak; 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 56662(a) provides that if a petition for annexation
is signed by all owners of land within the affected territory, the territory is uninhabited, and no
affected local agency has submitted written demand for notice and hearing during the 10 day
period, the Town Council may approve or disapprove the annexation without a public hearing;
and
WHEREAS, evidence was presented to the Town Council.
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Resolution 2019 -004 February 19, 2019
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 El Gato Lane No. 3, more
particularly described in Exhibits A and B.
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 0.19 acres.
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 CECtA 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.
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Resolution 2019 -004 February 19, 2019
3. That all owners of land within the affected territory have provided written consent
to the reorganization and no subject agency has submitted written request for
notice of hearing.
4. Pursuant to Section 56662(a) 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 and the County Lighting 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 19th day of February, 2019, by the following vote:
COUNCIL MEMBERS:
AYES: Marcia Jensen, Rob Rennie, Marico Sayoc, Barbara Spector, Mayor Steven Leonardis
NAYS: None.
ABSENT: None.
ABSTAIN: None.
ATTEST:
-51GN ED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNjA
1 ,
DATE: /
i
,
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: C
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Resolution 2019 -004 February 19, 2019
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EXHIBIT "A"
ANNEXATION TO TOWN OF LOS GATOS
GEOGRAPHIC DESCRIPTION
All that certain real property, situated in a portion of Rancho
Rinconada De Los Gatos, in the County of Santa Clara, State of
California, being Lot 25 as shown on that Map entitled "Tract No.
1168, E1 Gato Terrace" filed on March 2, 1954 in Book 48 of Maps at
Page 13, described as follows:
BEGINNING at the Southeast corner of said Lot 25, also being on
the existing Town of Los Gatos Limit established by Camino Del
Cerro No. 2 Annexation;
Thence leaving said existing Town Limit, (1) South 77 033145"
West 157.95 feet;
Thence, (2) North 12 026115" West 54.00 feet;
Thence, (3) North 77 033145" East 157.90 feet to said existing
Town of Los Gatos Limit;
Thence along said existing Town Limit, (4) South 12 029'25" East
54.00 feet to the Point of Beginning and containing 0.196 acres
of land more of less.
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.
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