Staff Report
PREPARED BY: SEAN MULLIN, AICP
Associate Planner
Reviewed by: Town Manager, Town Attorney, Community Development Department Director, and
Finance Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 09/05/2017
ITEM NO: 4
DATE: AUGUST 22, 2017
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: ANNEXATION APPLICATION AN17-004. PROJECT LOCATION: 16666
TOPPING WAY. PROPERTY OWNER/APPLICANT: ARTHUR LIN.
ADOPT A RESOLUTION MAKING DETERMINATIONS AND APPROVING THE
REORGANIZATION OF TERRITORY DESIGNATED AS TOPPING WAY NO. 7,
APPROXIMATELY 0.33 ACRE PROPERTY PRE-ZONED R-1:8. APN 532-09-
018.
RECOMMENDATION:
Adopt a resolution (Attachment 2) making determinations and approving the reorganization of
territory designated as Topping Way No. 7, approximately 0.33 acres, located at 16666 Topping
Way (APN 532-09-018).
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. The total annexation area (0.33 acres) includes no
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
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SUBJECT: TOPPING WAY NO. 7/AN17-004
AUGUST 22, 2017
S:\COUNCIL REPORTS\2017\09-05-17\Topping Way No. 7\Staff Report - 16666 Topping Way Final.docx 8/30/2017 10:55 AM
BACKGROUND (Contined):
introduced at the August 1, 2017 Town Council meeting and the protest proceedings are set for
September 5, 2017.
DISCUSSION:
The Town has received a petition requesting annexation to the Town of Los Gatos from Arthur
Lin, owner of the property at 16666 Topping Way. The property is located on the south side of
Topping Way 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 percent 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.
FISCAL IMPACT:
Once the annexation is certified by the State Board of Equalization, the Town will receive 9.6
percent of the property taxes.
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.
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 (includes Exhibits A and B)
Distribution:
Arthur Lin, 4100 Moorpark Avenue, Suite #205, San Jose, CA 95117