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Staff Report Winterbrook No. 7 Annexation PREPARED BY: Ryan Safty Associate Planner Reviewed by: Town Manager, Assistant 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: 11/16/2021 ITEM NO: 7 DATE: November 10, 2021 TO: Mayor and Town Council FROM: Laurel Prevetti, Town Manager SUBJECT: Adopt a Resolution Making Determinations and Approving the Reorganization of an Uninhabited Area Designated as Winterbrook No. 7, Approximately 0.95 Acres on Property Pre-Zoned R-1:8. APN 523-26-017. Annexation Application AN21-002. Project Location: 16010 Winterbrook Road. Property Owner/Applicant: Drew and Kari Brown. RECOMMENDATION: Adopt a resolution (Attachment 1) making determinations and approving the reorganization of an uninhabited area designated as Winterbrook No. 7, approximately 0.95 acres, located at 16010 Winterbrook Road (APN 523-26-017). 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 (0.95 acres) does not include any 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). PAGE 2 OF 4 SUBJECT: Winterbrook No. 7/AN21-002 DATE: November 10, 2021 BACKGROUND (continued): The Town is required to hold a protest proceeding even if the area proposed for annexation is uninhabited (less than twelve registered voters) and all property owners have consented to the annexation. This annexation was introduced at the November 2, 2021 Town Council meeting and the protest proceedings are set for November 16, 2021. DISCUSSION: The Town has received a petition requesting annexation to the Town of Los Gatos from Drew and Kari Brown, owners of the property at 16010 Winterbrook Road. The property is located on the east side of Winterbrook Road in an unincorporated County pocket (Attachment 2). The property is in the Town's Urban Service Area, is contiguous to a 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 the size of an existing County pocket. Because this is a 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. COORDINATION: The preparation of this report was coordinated with the Santa Clara County Library District, Santa Clara County Infrastructure Development Division, LAFCO, Santa Clara County Assessor, Santa Clara County Surveyor, and the Santa Clara County Planning Division. FISCAL IMPACT: Once the annexation is certified by the State Board of Equalization, the Town will receive approximately 9.3 percent of the property taxes. ENVIRONMENTAL ASSESSMENT: The project is exempt pursuant to the California Environmental Quality Act Guidelines under Section 15061(b)(3): Review for Exemption, in that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. A Notice of Exemption will not be filed. PAGE 3 OF 4 SUBJECT: Winterbrook No. 7/AN21-002 DATE: November 10, 2021 Attachments: 1. Resolution (includes Exhibits A and B) 2. Location Map This Page Intentionally Left Blank