Attachment 2
RESOLUTION 2017-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
MAKING THE DETERMINATIONS AND APPROVING THE
REORGANIZATION OF UNINHABITED TERRITORY DESIGNATED AS
TOPPING WAY NO. 7
APN: 532-09-018
APPROXIMATELY 0.33 ACRES
ANNEXATION APPLICATION: AN17-004
PROPERTY LOCATION: 16666 TOPPING WAY
PROPERTY OWNER/APPLICANT: ARTHUR LIN
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
0.33 acres located at 16666 Topping Way (APN: 532-09-018), has been filed by Arthur Lin; 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.
ATTACHMENT 2
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 Co de for
the annexation of property designated as Topping Way No.7, 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 0.33 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 CEQA
Section 15061(b)(3): Review for Exemption.
d. The Town Council enacted Ordinance 1268 in 1975 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 reorganiz ed 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 5th day of September, 2017, 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:\DEV\TC REPORTS\2017\Topping Way No. 7\9-5-17 TC Mtg [Adopt]\Attachment 2 - Resolution to Adopt.docx