Attachment 1 - Resolution [Adopt]
Draft Resolution: subject to
modification by Town Council
based on
deliberations and direction RESOLUTION 2021- RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION
OF AN UNINHABITED TERRITORY AREA DESIGNATED AS
WINTERBROOK NO. 6
APN: 523-26-013
APPROXIMATELY 0.319 ACRES ANNEXATION APPLICATION: AN21-001 PROPERTY LOCATION: 16030 WINTERBROOK ROAD PROPERTY OWNER/APPLICANT: ALIREZA ZARRABI
WHEREAS, the Town Council of the Town of Los Gatos has received a request for
annexation of territory designated Winterbrook No. 6 from Alireza Zarrabi; and
WHEREAS, the property, approximately 0.319 acres and includes no County street right-
of-way located at 16030 Winterbrook Road, APN: 523-26-013, is contiguous to a Town
boundary 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 56662(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; 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 Winterbrook No. 6, 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 0.319 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 contiguous to a Town boundary; 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 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 Santa Clara 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 7th day of September 2021, 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: ___________________
S:\COUNCIL REPORTS\2021\09-07-21\Winterbrook No. 6\Attachment 1 - Resolution [Adopt].docx