2021-049 - Making Determinations & Approving the Reorganization of Winterbrook No. 7 at 16010 Winterbrook RdRESOLUTION 2021-049
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. 7
APN: 523-26-017
APPROXIMATELY 0.95 ACRES
ANNEXATION APPLICATION: AN21-002
PROPERTY LOCATION: 16010 WINTERBROOK ROAD
PROPERTY OWNER/APPLICANT: DREW AND KARI BROWN
WHEREAS, the Town Council of the Town of Los Gatos has received a request for annexation
of territory designated Winterbrook No. 7 from Drew and Kari Brown; and
WHEREAS, the property, approximately 0.95 acres and includes no County street right-of-way
located at 16010 Winterbrook Road, APN: 523-26-017, 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
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
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
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Resolution 2021-049 November 16, 2021
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 does 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. 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 0.95 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
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.
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Resolution 2021-049 November 16, 2021
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California, held on the 16th day of November 2021, by the following vote:
COUNCIL MEMBERS:
AYES: Mary Badame, Matthew Nudes, Rob Rennie, Maria Ristow, Mayor Marico Sayoc
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR F THE T OF LOS GATOS
LOS GA, RNIA
DATE: n /f7
/4A9.4
ATTEST:
1,
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFO,RNiA
DATE: 1 l t 7 oR.\
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Resolution 2021-049 November 16, 2021
EXHIBIT A
WINTERBROOK NO. 7
ANNEXATION TO THE TOWN OF LOS GATOS
GEOGRAPHIC DESCRIPTION
All that certain real property lying within the Rancho Rinconada De Los Gatos, in
the County of Santa Clara, State of California, being more particularly described
as follows:
Beginning at an angle point on the' boundary of the Winterbrook No. 3
Annexation, said angle point being the northeasterly corner of Lot 5, as shown on
the Map of Tract No. 505, filed for record May 20, 1952, in Book 38 of Maps, at
Page 1, Records of said County; thence
(L1) North 89°55'45 East 190.19 feet along the southerly boundary of the
northerly portion of said Winterbrook No. 3 Annexation to the northwesterly
corner of the Stephenie Lane No. 2 Annexation; thence
(L2) South 12°47'30" East 50.00 feet along the westerly boundary of said
Stephenie Lane No. 2 to the southwesterly corner thereof; thence
(L3) leaving said Annexation boundary South 12°47'30" East 50.00 feet to a
point; thence
(L4) North 89°59'15" East 10.00 feet to the northwesterly corner of the easterly
portion of the Stephanie Lane No. 1 Annexation; thence
(L5) South 14°06'00" East 93.33 feet along the westerly boundary of said
Stephanie Lane No. 1 Annexation to a point; thence
(L6) leaving said Annexation boundary South 82°10'00" West 152.07 feet to a
point; thence
(C1) along a non -tangent curve to the left, being concave to the southwest, the
bearing to the radius point being South 66°59'12" West, with a radius of 100.00
feet, through a central angle of 96°10'48", an arc distance of 167.87 feet to a
point on the boundary of the Winterbrook No. 5 Annexation, said point lying on
common boundary between Lot 6 and Winterbook Road as shown on said Map
of Tract No. 505; thence
Page one of two
EXHIBIT A (continued)
(C2) along said boundary of the Winterbrook No. 5 Annexation and said common
boundary, along a non -tangent curve to the left, being concave to the southwest,
the bearing to the radius point being South 53°51'55" West, with a radius of
40.00 feet, through a central angle of 14°19'25", an arc distance of 10.00 feet to
the most northerly corner of said Winterbrook No. 5 Annexation, said corner lying
on the southeasterly boundary of said Winterbrook No. 3 Annexation; thence
(L7) leaving said boundary of Winterbrook No. 5 Annexation along said boundary
of Winterbrook No. 3 Annexation, North 39°32'30" East 42.01 feet to an angle
point thereof; thence
(L8) North 30°56'20" East 78.07 feet along said Annexation boundary to an angle
point thereof; thence
(L9) North 14°15'10" West 55.41 feet along said Annexation boundary to the
Point of Beginning.
Area of Proposed Annexation: 41,411 square feet of land, more or 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 a
basis for an offer for the sale of the land described.
Page two of two
EXHIBIT B
ANNEXATION TO THE TOWN OF LOS GATOS — WINTERBROOK NO. 7
JULY, 2021 SCALE: 1 " = 100'
AD
0'
00��0�
APN 523-26-002
P.0.6.
/1 r L1 1r STEPHENIE LANE 2
' ANNEXATION
APN 523-26-018 APN 523-26-017
LOT 5 AREA OF ANNEXATION APN 523-26-004
1 RAC"! NO. 505 ,'� 41,411 sq.
38 MAPS 1 " 0.95 acrest
APN
C1 $ 523-26-005
APN
523-26-015
WINTERBROOK
NO. 5
ANNEXATION
NO.
TEPHAN LANE ON 1
5 ANNEXATION NO. 1
ANNEXATION
LEGEND
EXISTING LOT LINE
EXISTING CENTERLINE
EXISTING TOWN BOUNDARY
PROPOSED TOWN BOUNDARY
P.O.B. POINT OF BEGINNING
ZL
005
Ra
Blossom Hill Rd Old Blossom Hill Rd
VICINITY MAP
NO SCALE
L6
APN
523-26-006
APN 523-26-016
UNE TABLE
LINE
LENGTH
BEARING
L1
190.19'
N89'55'45"E
L2
50.00'
S12'47'30"E
L3
50.00'
S 12'47'30"E
L4
10.00'
N89'59' 15"E
L5
93.33'
S14'06'00"E
L6
152.07'
S82' 10'00'W
L7
42.01'
N39'32'30"E
L8
78.07'
N30'56'20"E
L9
55.41'
N14'15'10'W
CURVE TABLE
CURVE
LENGTH
RADIUS
DELTA
CHORD
C1
167.87'
100.00'
96'10148"
148.84'
C2
10.00'
40.00'
14' 19'25"
9.97'
JN 19019
RADIAL BEARING TABLE
LINE
BEARING
R1
S66'59'12"W
R2
S53'51'55"W
HANNA-BRUNETTI
EST. 1910
CIVIL ENGINEERS • LAND SURVEYORS
CONSTRUCTION MANAGERS
7851 EIGLEBERRY ST. I GILROY, CA 95020
408.842.2173
EXHIBIT B
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Los Gatos
Winterbrook No. 7
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LILAC t-N
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OLD BLOSSOM HILL RD
County of Santa Clara
Department of Planning and Development
Count) Government Center. East Wing
70 West Iledding St„ 7th Floor
San Jose. California 95110
EXHIBIT A
Los Gatos - Winterbrook No. 7
0.95 acres +!-
Prepared for the Office of the County Surveyor
August05. 2021
August Hanks, County Surveyor
1
0
Area of Annexation
CityLimits
N
A
Imo
I10S
0 0
Unincorporated Lands Feet