08 Staff Report - Oka Road No. 9
DATE: COUNCIL AGENDA REPORT October 13, 2004 MEETING DATE: 10/18/04 ITEM NO. 8 TO: FROM: SUBJECT: DEBRA J. FIGONE, TOWN MANAGER ADOPT RESOLUTION
SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA DESIGNATED "OKA ROAD NO.9", APPROXIMATELY 6.68 ACRES LOCATED ON THE EAST SIDE OF OKA ROAD,BETWEENLARKANDMOZART AVENUES (APN'S:
424-08-057, 058, 059 AND 060) RECOMMENDATION: Adopt resolution (Attachment 1) setting date for consideration of reorganization of area designated "Oka Road No.9", approximately 6.68
acres located on the east side of OkaRoad, between Lark and Mozart Avenues (APN's: 424-08-057, 058, 059 and 060). BACKGROUND: The Town has an agreement with Santa Clara County that requires
annexation of any property located within the Town's Urban Services Area boundary and within 300 feet of the Town limits if the use is intensified. Although there is no intensification
of use proposed on the site, the property owner would like to annex the four lots he owns on Oka Road to the Town. Section 56757 of the Cortese-Knox-Hertzberg Local Government Reorganization
Act of 2000 gives the 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).
The process is initiated by the Town after the property owner files an annexation petition. PREPARED BY: JOHN E. CURTIS Director of Parks and Public Warks Reviewed by: __Assistant Town
Manager =iiLL--Attorney __Clerk . £'Finance J3>M..c-Community Development Revised: 10113/04 9:19 am Refonnatted: 5/30/02 N:\B&E\COUNCILREPORTS\Annex-Oka Rd 9-initiate.wpd
PAGE 2 SUBJECT: OKA ROAD NO.9 ANNEXATION October 13, 2004 DISCUSSION: The Town has received a petition from Thomas Yuki, owner ofthe property at
14800 and 14840 Oka Road, requesting annexation of four parcels to the Town of Los Gatos. The property is located on the east side of Oka Road, between Lark and Mozart Avenues. This
is the last of the unincorporated "island" or "pockets" of the County in this area. The property is in the Town's Urban Services Area boundary, and is prezoned R1:8 (single family �
� 8,000 sq. ft. minimum lot size). Annexation will allow municipal services to be extended to the property and in fill to an existing County "island." Municipal services don't just
apply to utilities and sanitary sewer, but the whole spectrum of services provided by a city. Those services include such things as police, local building and planning, voting in municipal
elections and serving on the various boards and commissions. Since this is 100% consent, "Uninhabited" annexation (less than twelve registered voters), a public hearing is not required.
However, under new legislation, the annexation must be introduced and a date set for consideration of the annexation. The only time limit on the date for consideration is that it cannot
be held more than 90 days after the date the annexation is introduced. 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 assessed by Santa Clara County, LAFCO and the State Board ofEqualization, and must be paid by the
petitioner: Map, Legal Description and Guideline Checking Fees 2,000.00 (paid) LAFCO Processing Fee ..... . . . . . . . . . . . . . . . . . . . . . . . . . .. 340.00 (Due) State Board
of Equalization Fee 500.00 (Due) The petitioner has paid fees to the Townfor annexation processing, permit tracking and microfiching of $443.50. Once the annexation is certified by the
State Board ofEqualization, the Town will receive nine point six percent (9.6%) of the property taxes. N:\B&E\COUNCIL REPORTS\Annex-Oka Rd 9-initiate.wpd
PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: OKA ROAD NO.9 ANNEXATION October 13, 2004 Attachments: 1. Resolution making determinations and approving the reorganization of territory designated
Oka Road No.9 (with Exhibits A and B). A. Legal Description of Oka Road No.9 Annexation. B. Plat to Accompany Legal Description. Distribution: Thomas Yuki, Yuki Farms Limited Partnership
One, 15459 Los Gatos Blvd., Los Gatos, CA 95030 William Sampson, Ruth & Going, Inc., P.O. Box 26460, San Jose, CA 95159 N:\B&E\COUNCIL REPORTS\Annex-Oka Rd 9-initiate.wpd
RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS SETTING DATE FOR CONSIDERATION OF REORGANIZATION AREA DESIGNATED "OKA ROAD NO.9", LOCATED AT 14800 AND 14840 OKA ROAD;
APPROXIMATELY 6.68 ACRES, (APN'S: 424-08-057, 058, 059 AND 060) WHEREAS, the Town Council of the Town of Los Gatos has received a request for annexation of territory designated "Oka
Road No.9" from Thomas Yuki; and WHEREAS, the property, 6.68± acres on the east side of Oka Road, between Lark and Mozart Avenues (APN's: 424-08-057, 058, 059 and 060) is contiguous
to the Town of Los Gatos and is within its urban service area; and WHEREAS, the following special district would be affected by the proposed annexation: Santa Clara County Library Service
Area No.1; and WHEREAS, annexation would provide for use of Town services; and WHEREAS, this territory was pre-zoned R1:8 over 25 years ago, when the Urban Service Area boundaries were
originally set; and WHEREAS, the Town of Los Gatos, as Lead Agency for environmental review for the the reorganization has determined that annexation of the subject property is exempt
for the California" Environmental Quality Act guidelines, pursuant to Section 15061(b)(3); and WHEREAS, the County Surveyor ofSanta Clara County has found the map and description (Exhibits
"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 ofLos Gatos shall be conducting authority for a reorganization including an annexation to the
Town; and WHEREAS, said territory is uninhabited and all owners of land included in proposal have consented to this annexation; and N:\B&E\COUNCIL REPORTS\Annex-Oka Rd 9-initiate.wpd
1
WHEREAS, Government Code Section 56663 (a) provides that if a petition for annexation is signed by all owners of the land within the affected territory the Town Council may approve or
disapprove the annexation without public hearing; NOW, THEREFORE,BE ITRESOLVED by the Town Council ofthe Town ofLos Gatos hereby initiates annexation proceedings and will consider annexation
of the territory designated as Oka Road No.9 and detachment for the Santa Clara County Library Service Area No.1 at their regular meeting of November 1, 2004. PASSED AND ADOPTED at a
regular meeting of the 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 REPORTS\Annex-oka Rd 9-initiate.wpd 2
17-599-B 06-22-04 . Revised 08-24-04 DESCRIPTION EXHIBIT "A" . ANNEXATION TO THE TOWN OF LOS GATOS OKA ROAD NO.9 Page 1 of2 All that certain real property situate in the Town of Los
Gatos, County of Santa Clara, State of California, described as follows: Beginning at an iron pipe standing on the northeasterly line of the Record Map of the Subdivision of part of
the Walker Tract; as said Walker Tract is shown in Book "F" of Maps, page 40, in the Office of the County Recorder of Santa Clara, California, said iron pipe being at the common comer
of Lots 7 and 8, said Walker Tract, and at the common corner of that 10.35 acre tract deeded to Elizabeth Grant, by Deed dated January 2, 1904 and recorded in Book 272 of Deeds, page
528, in the Office of the Recorder of Santa Clara County, California, and that 10 acre tract deeded to William C. Williams, by Deed dated September 22, 1899 and recorded in Book 222
of Deeds, page 272, in the Office of the County Recorder of Santa Clara County, California, said point of beginning being in the town Limits Line of the Town of Los Gatos as established
by said Town's Annexation Lark Avenue No.1; Thence from said Point of Beginning along said northeasterly line and said Town Limits Line North 57° 32' 39" West 280.00 feet to a point
on the easterly right ofway line of Oka Road, said right ofway line being on the easterly town Limits Line of the Town of Los Gatos as established be said Town's Annexation Lark Avenue
No.3; . Thence along said easterly right of way line and Town Limits Line North 32° 27' 21" East 188.90 feet; . Thence continuing along said easterly right of way line and Town Limits
Line along a tangent curve to the right with a radius of 1975.00 feet through a central angle of 8° 55' 05"; an arc length of 307.41 feet to the most westerly comer and in the southerly
town limits line of Parcel No.1 ofthe Town of Los Gatos as established by Town's Annexation Oka Road No.6; Thence along said southerly line South 57° 22' 47" East 200.86 feet to the
most southerly corner of said Parcell in said Annexation Oka-Road No.6, said comer being in the southerly town limits line ofthe Town of Los Gatos as established by said Town's Annexation
Northeast No.5; Exhibit A
Drawing file: Q: \Civil\17599B\dwg\ baundry.dwg -l' OKA LARK AVE No. 3 --r-__---'O'--R=O---:No. 600 ---TOWN OF LOS GATOS 188.90' -!i-l..9.Z5.
.. - 7/ --400' ---OF -------LEGEND Exh; bit B BOUNDARY OF ANNEXATION ---EXIST TOWN LIMIT LINE ------EXIST PROP LINE en I f'. .!-U t .0<":> 'i---tO°l en
.v roZcoo N . .NO10Of'.....J CJ) N 0::: ..-lL. Ul <(-J 0 . I LOS GATOS wo SWIM & 0::: ':-__ RAQUET --CLUB U1 f'. o I to I w . CO : Of'. 424-8-59 Z . 0 . •
0::: ....J 0 «(f) 00::: APN EXHIBIT uEu PROPOSED ANNEXATION TO THE TOWN OF LOS GATOS OKA ROAD NO. 9 Going/Inc. Civil Engineers Santa Clara, Ca. 95050 Fax (406) 236-2410
APN 424-8-57 --------OKA ROAD No. 9 APN 424-8-58 6.68 Ac 17599B Drwn.: BF APN 424-8-60 SIAl£' ROU1£' 17 OAD No.2) (BURION R 77 _, 72 R(SOL. No. '9 zo >"" O. £D<":> ::> Q... I (/)
10 lL.tO W r...: ll..£D fl<( l 7 0:: 10o z1 Uw 0:: I LOT ci 0 ZU") W . > 0 <{ z . 0::0 « 0:: ...J 0 RGRuthand Land Surveyors 2216 The Alameda Tel. (408)
236-2400 P.O.B. LOT 8 (f) oI<( G(j) o...J lL. oo --!:::---L:::::=D;::e::pt=,:=su=rv=.:ey====sc::a=le::::::1':=::':::10::0::'====C::hk::d::,::::W::Hs==:::T::o::W::D=:O::f::::L::os==G=:a::to::s====
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17-599-B 06-22-04 08-24-04 Page 2 of2 Thence along said southerly town limits line the following bearings and distances: . . South 18° 00' 06" West 77.84 feet; South 55°
14' 37" East 159.73 feet; North 32° 12' 53" East 81.28 feet to the most westerly comer ofParcel 2 in-said Annexation Oka Road No.6; Thence along the sQutherly town limits line ofthe
Town ofLos Gatos as established by said Town Annexation OkaRoad No.6 South 57° 22' 47" East 180.49 feet to a point on the westerly town limits line ofthe Town of Los Gatos as established
by said Town's Annexation Burton Road No. 2; Thence along said westerly town limits line ofthe Town ofLos Gatos South 23° 57' 26" West 498.94 feet to a point in the town limits line
of the Town ofLos Gatos as established by said Town's Annexation Lark Avenue No.1; os.. z.4·04 Contains 6.68 acres. Prepared by the :firm of Ruth and Going, Inc. Santa Clara, California
Thence along Lark Avenue No.1 Town Limit Line North 57° 32' 39" West 377.65 feet to the Point of Begi