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03 Attachment 1 - Resolution Draft Resolution: subject to modification by Town Council based on deliberations and direction RESOLUTION 2020- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF AN UNINHABITED TERRITORY AREA DESIGNATED AS EL GATO LANE NO. 4 APN: 523-27-040 APPROXIMATELY 0.49 ACRES ANNEXATION APPLICATION: AN19-004 PROPERTY LOCATION: 15765 EL GATO LANE PROPERTY OWNER/APPLICANT: ED PEARSON WHEREAS, the Town Council of the Town of Los Gatos has received a request for annexation of territory designated El Gato Lane No. 4 from Ed Pearson; and WHEREAS, the property, approximately 0.49 acres and includes 0.194 acres of County street right-of-way located at 15765 El Gato Lane, APN: 523-27-040, is within 300 feet of a Town maintained roadway and within the Town’s Urban Service Area; and WHEREAS, the following special district would be affected by the proposal: Santa Clara County Lighting Service Area; and Santa Clara County Library Service Area; and WHEREAS, the annexation would provide for use of Town services; and WHEREAS, 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; and WHEREAS, the Town of Los Gatos, as Lead Agency for environmental review for the reorganization, has determined annexation of the subject property is exempt from the California Environmental Quality Act guidelines, pursuant to Section 15061(b)(3); and ATTACHMENT 1 WHEREAS, the County Surveyor of Santa Clara County has found the description and map (Exhibit A and B) to be in accordance with Government Code Section 56757, the boundaries to be definite and certain, and the proposal to be in compliance with LAFCO’s road annexation policies; and WHEREAS, as provided in Government Code Section 56757, the Town Council of the Town of Los Gatos shall be the conducting authority for a reorganization including an annexation to the Town; and WHEREAS, the territory is uninhabited and all owners of land included in the proposal have consented to this 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 approv e or disapprove the annexation without a public hearing; and WHEREAS, evidence was presented to the Town Council; and NOW, THEREFORE, BE IT RESOLVED, that 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. 4, 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 0.49 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 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 within 300 feet of a Town maintained raodway; and 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; and 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 3rd day of March 2020, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: ___________________ ATTEST: TOWN CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: ___________________ N:\DEV\TC REPORTS\2020\El Gato Lane No. 4\3-3-20 TC Mtg [Adopt]\Attachment 1 - Resolution.docx This Page Intentionally Left Blank