12 Staff Report - Topping Way No. 3
DATE: COUNCIL AGENDA REPORT April 5, 2004 MEETING DATE: 04/19/04 ITEM NO. )d-TO: FROM: SUBJECT: DEBRA J. FIGONE, TOWN MANAGER ADOPT RESOLUTION MAKING
DETERMINATIONS AND APPROVING THEREORGANIZATIONOF TERRITORYDESIGNATED ''TOPPINGWAY NO.3," APPROXIMATELY 0.596 ACRES LOCATED AT 16678 TOPPING WAY (APN: 532-09-017) RECOMMENDATION: Adopt
resolution making determinations and approving the reorganization of territory designated "Topping Way No.3," approximately 0.596 acres located at 16678 Topping Way (APN: 532-09017).
BACKGROUND: The Town has an agreement with Santa Clara County that requites annexation of any property located within the Town's Urban Services Area boundary and withit1300 feet ofthe
Town limits if the use is intensified. The propertyowner has requested approval from the CommunityDevelopment Department to construct a new house on the site. Section 56757 ofthe Cortese-Knox-Hertzbe
rg Local Government Reorganization Act of2000 gives the cities in Santa Clara County the authority to' annex territory without application to and hearing bythe SantaClara County Local
AgencyFormation Commission (LAFCO). The process is initiated by the Town after the property owner files an annexation petition. PREPARED BY: . OHN E. CURTIS irector
of Parks and Public Works Reviewed by: Town Manager Attorney __Clerk KLFinance Community Development ReVIsed: 4/5/04 2:54 pm Refonnatted: 5/30/02 N:\B&E\COUNCIL
REPORTS\Annex-Topping-3:\vpd
PAGE 2 , SUBJECT: TOPPING WAY NO.3 ANNEXATION April 5, 2004 DISCUSSION: The Town has received a petition from Atousa Ghafouri and Mike Masoumi (Attachment
2), owners 'of the property at 16678 Topping Way, requesting annexation to the Town of Los Gatos. The propertyis located in the Englewood Avenue area, one ofthe unincorporated "island"
or "pockets" , of the County. In addition to the lot proposed for annexation, the Town will also be acquiring approximately 225 linear feet ofTopping Way, in conformance with the Santa
Clara CountyRoad Annexation Policy. The property is in the Town's Urban Services Area, boundary, and is prezoned R1:8 (single family residential, 8,000 sq. ft. minimum lot size). Annexation
will allow "city" services to be extended to the property and help in fill an existing County "island." Since this is a 100% consent, "Uninhabited." annexation (less than twelve registered
voters), a public hearing is not required. However, undernew legislation, waiver ofthe protest (public hearing) must be received from agencies gaining or losing territory with this annexation.
Waivers have been received from Santa Clara County and County Library Service Area. ENVIRONMENTAL ASSESSMENTS: Annexation of the subject property is exempt for the California Environmental
Quality Act guidelines, pursuant to Section 15061(b)(3). FISCAL IMPACT: The following fees are assessedbySanta Clara County, LAFCO and the StateBoard ofEqualization, and must be paid
by the petitioner: Map, Legal Description and Guideline Checking Fees $2,000.00 (paid) LAFCO ProcessingFee 340.00 (received) State Board ofEqualization Fee. . . . . . . . . . . . . .
. . . . . . . . . . .. 300.00 (received) The petitioner has paid an Annexation Fee to the Town of$1,600.00. Once the annexation is certified bythe State Board ofEqualization, the Town
will receive nine point six percent (9.6%) ofthe property taxes. N:\S&E\COUNCIL REPORTS\Annex"Topping-3.wpd
PAGE 3 SUBJECT: TOPPING WAY NO.3 ANNEXATION AprilS, 2004 Attachments: Resolution making determinations and approving the reorganization ofterritory
designated "Topping WayNo. 3," approximately 0.596 acres located at 16678 Topping Way (APN: 532-09-017) -(with Exhibits A and B). A. "Legal Description of Topping Way No. 3 Annexation.
B. Plat to Accompany Legal Description. Distribution: Atousa Ghafouri and Mike Masoumi, 22126 Villa Oaks Lane, Saratoga, CA 95070-9743 N:\B&E\COUNCIL REPORTS\Annex-Topping-3.wpd
RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MAKJNG DETERMINATIONS AND APPROVlNG THE REORGANIZATION OF TERRITORY DESIGNATED "TOPPlNG WAY NO.3," APPROXIMATELY 0.596
ACRES LOCATED AT 16678 TOPPING WAY (APN: 532-09-017) WHEREAS, a petition for the annexation ofcertain territory to the Town ofLos Gatos and detachment ofsaid territory from Santa Clara
CountyLibrary Service Area, consisting of0.596 acres on 16678 Topping Way (APN: 532-09-017) has been filed byAtousa Ghafouri and Mike Masoumi; and WHEREAS, said territory is uninhabited
and all owners of land included in the proposal consent to this annexation; and WHEREAS, Section 56757 ofthe CaliforniaGovernment Code states that the LocalAgency Formation Commission
shall not review an annexation proposal to any City in Santa Clara County .ofunincorporated territorywhich is within the urban service area ofthe city in initiatedbyresolution of the
legislative body and therefore the Town Council of the of Los Gatos is now the conduction conduction authority of said annexation; and WHEREAS, Government Code Section 56663
(a) provides that ifa petition for annexation is signed by all owners of land within the affected territory, the Town Council may approve or disapprove the annexation without public
hearing; and WHEREAS, evidence was presented to the Town Council; NOW, THEREFORE,BE IT RESOLVEDbythe Town Council ofthe TownofLos Gatos as follows: 1. That it is the conducting authority
pursuant to Section 56757 ofthe Government Code for the annexation ofproperty designated "Topping WayNo.3," more particularly described in Exhibit A and B; 2. That the following finding
are made by the Town Council of the Town ofLos Gatos: a. That said territory is uninhabited and comprises approximately 0.596 acres. N:IB&EICOUNCIL REPORTSlAnnex-Topping-3.wpd 1
b. That the annexation is consistent with the orderly annexation ofterritory within the Town's urban service area and is consistent with the Town policy ofannexing when required by the
Town's agreement with the County of Santa Clara. c. The project is exempt from C.E.Q.A. under the provision of the California Administrative Code, Title 14, Section 15061(b)(3). d. The
Town Council enacted an ordinance over 20 years ago pre-zoning the subject territory with an Rl:8 (single family residential, 8,000 sq. ft. minimum lot size) zoning designation. e. That
the territory is within the Town urban service area as adopted by the Local Agency Formation Commission of Santa Clara County. f. That the County Surveyorhas determined the boundaries
ofthe 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. That the proposed annexation does not not create island or areas in which it would be difficult to provide municipal services.
h. That the proposed annexation does not split lines of assessment or ownership. 1. That the proposed annexation is consistent with the,Town's General Plan. J. That the territory to
be annexed is contiguous to existing Town limits. k. That the Town has complied with a.ll conditions impos'ed by the Commission for inclusion ofthe territory in the Town's urban service
area. 3. That Santa Clara County and the Santa Clara County Library Service Area, that will lose territory as a result ofthis reorganization, have consented in writing to a waiver ofprotest
proceedings. ' 4. That all property owners and registered voters have been provided written notice of this proceeding and no opposition has been received. 5. That said annexation is
hereby ordered without any further protest proceedings pursuant to Section 56663 (c/d) and is subject to no terms or conditions. BE IT FURTHERRESOLVED that upon completion ofthese reorganization
proceedings the territory annexed will be detached from the Santa Clara County Library Service Area. N:\B&E\COUNCIL REPORTSlAnnex-Topping-3.wpd 2
BE IT FURTHERRESOLYED that upon completion ofthese reorganization proceedings the territory reorgaIrized will be taxed on the regular County assessment roll, including taxes for existing
bonded indebtedness. PASSED AND ADOPTED at a regular meeting ofthe Town Council held on the of , 2004, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR
OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\B&E\COUNCIL REPORTSlAnnex-Topping-3.wpd 3
·EXHIBIT "A" ANNEXATION TO THE TOWN OF LOS GATOS ENTITLED TOPPING WAY NO.3 DATE: FEBRUARY 19, 2004 All that real property situate in the County of Santa Clara, State ofCalifornia described
as follows: Beginning at the northeasterly end ofa curve on Lot 52 as shown on that certain Map entitled, "Tract No. 328, Kenwood Acres", which Map waS filed for record in the office
ofthe Recorder ofthe County of Santa Clara, State ofCalifornia in Book 10 ofMaps at page 56, said point being on the southerly line ofTopping Way as shown on said Map and being the southeasterly
comer ofthat certain annexation to the Town ofLos Gatos entitled, "Englewood Ave. No.5"; thence along the northerly line ofsaid Lot 52 and the southerly line ofTopping Way S 62°46'45"
E 107.40 feet; thence along a tangent curve to the left thru a central angle of 03°49'42" with a radius of550.00 feet for an arc length of36.75 feet to the northwesterly corner ofLot
54 ofsaid Tract No. 328, Kenwood Acres, thence along the westerly line ofsaid Lot 54 S 33°18'00" W 139.39 feet to the southwesterly comer of said Lot 54; thence along the southerly line
ofsaid Lot 54 S 73°20'45" E 90.02 feet to the southeasterly corner ofsaid Lot 54; thence along the easterly line ofsaid Lot 54 N 32°39'45" E 127.14 feet and N 12°51 '45" E 7.93 feet
to the northeasterly comer of said Lot 54 and the southerly line ofTopping Way; thence along the said southerly line ofTopping Way along a curve to the left from a tangent which bears
S 75°26'22" E thru a central angle of 02°25'23" with a radius of550.00 feet for an arc length of23.26feet; thence leaving said southerly line ofTopping Way N 12008' 15" E 60.00 feet
to the northerly line ofTopping Way; thence along said northerly line of Topping Way along a curve to the right from a tangent which bears N 77°51 '45" W thru a central angle of 15°05'00"
with a radius of490.00 feet for an arc length of 128.99 feet and N 62°46'45" W 95.39 feet to the easterly line ofsaid annexation "Englewood Ave. No.5"; thence along said annexation
Ave. NO.5" S 38°32'24" W 61.19 feet to the POINT OF BEGINNING. Said parcel ofland containing 25,953. square feet or 0.596 acres, more or less. Prepared by: Marvin D. Kirkeby R.C.E.
No. 14001 Expires 3/31/2005
------....L 8/80 -4PAI 3'5"2-atj -<1/3 ANNEXATION TO THE TOWN OF LOS GAT, ENTITLED TOPPiNG WAY NO.3 DATE: FEBRUARY 19, 2004 SCALE: 1" =60' 1:r;:: "-' 51TE: 78
LOS GATOS TOWN LIMITS PROPOSED ANNEXATION LIMITS