04 Staff Report - Kennedy Road No. 15MEETING DATE: 2/7/05
°W N ITEM NO. 4
COUNCIL AGENDA REPORT
!ps • 6•A'~°S
DATE: February 1, 2005
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGER
SUBJECT: ADOPT RESOLUTION SETTING DATE OF FEBRUARY 22, 2005 FOR
CONSIDERATION OF REORGANIZATION OF UNINHABITED AREA
DESIGNATED "KENNEDY ROAD NO. 15", APPROXIMATELY 0.285
ACRES LOCATED AT 16701 KENNEDY ROAD (APN: 532-08-063)
RECOMMENDATION:
Adopt resolution setting date of February 22, 2005 for consideration of reorganization of uninhabited
area designated "Kennedy Road No. 15", approximately 0.285 acres located at 16701 Kennedy Road
(APN: 532-08-063).
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. The property owner has requested approval from the CommunityDevelopment
Department to construct a new house on the site.
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. However, legislation that became
effective in 2004 now requires us to hold a "protest proceeding" even if the area proposed for
annexation is uninhabited and all property owners have consented to the annexation. This first
meeting and resolution sets the date for the protest proceeding.
PREPARED BY: J HN E. CURTIS
irector of Parks and Public Works
Reviewed by: Assistant Town Manager Town Attorney Clerk Administrator
SGFinance Community Development Revised: 2/1/05 7:39 am
Reformatted: 5/30/02 N:\B&E\COUNCII. REP0RTS\Annex-Kennedy-15.1.wpd
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: KENNEDY ROAD NO. 15 ANNEXATION
February 1, 2005
DISCUSSION:
The Town has received a petition from Mr. and Mrs. Chang (Attachment 2), owners of the property
at 16701 Kennedy Road, requesting annexation to the Town of Los Gatos. The property is located
in Littlefield-Marchmont area, one of the unincorporated "islands" of the County.
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."
Request for waiver of the protest proceeding has been sent to Santa Clara County and the County
Library Service Area. These agencies have ten (10) days to respond to the request. In past
annexations, these agencies have been very quick to respond to the request and waive their right to
aprotest proceeding. Consideration of the reorganization and protest proceeding (ifneeded) has been
scheduled for February 22, 2005.
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 of Equalization,
and must be paid by the petitioner:
Map, Legal Description and Guideline Checking Fees $2,000.00 (paid)
LAFCO Processing Fee 670.00 (due)
State Board of Equalization Fee 300.00 (due)
The petitioner has paid an Annexation Fee to the Town of $2,400.00. Once the annexation is
certified by the State Board of Equalization, the Town will receive nine point six percent (9.6%) of
the property taxes.
Attachments:
1. Resolution making determinations and approving the reorganization of territory designated
"Kennedy Road No. 15" approximately 0.285 acres located at 16701 Kennedy Road (APN:
532-08-063) - (with Exhibits A and B).
A. Legal Description of Kennedy Road No. 15 Annexation.
B. Plat to Accompany Legal Description.
2. Petition for Annexation
Distribution:
Mr. and Mrs. Chang, P.O. Box 33097, Los Gatos, CA 95031
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
SETTING DATE FOR CONSIDERATION OF
REORGANIZATION OF AREA DESIGNATED
"KENNEDY ROAD NO. 15,"
PROPERTY LOCATED AT 16701 KENNEDY ROAD;
APPROXIMATELY 0.285 ACRES (APN: 532-08-063)
WHEREAS, the Town Council of the Town of Los Gatos has received a request for
annexation of territory designated "Kennedy Road No. 15" from 1&. and Mrs. Chang; and
WHEREAS, the property 0.285 acres, more or less, at 16701 Kennedy Road (APN: 532-08-
063) 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 proposal: Santa Clara
County Library Service Area; and
WHEREAS, the annexation would provide for use of Town services; and
WHEREAS, this territory was pre-zoned over 25 years ago to Town of Los Gatos prezoning
Rl :8(single family residential, 8,000 sq. ft. minimum lot size); 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 for the California
Environmental Quality Act guidelines, pursuant to Section 15061(b)(3); and
WHEREAS, the County Surveyor of Santa 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 Councils 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
1
i
Attachment 1
WHEREAS, Government Code Section 56663(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 public hearing;
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Los Gatos
hereby initiates annexation proceedings and will consider annexation to the territory designated as
"Kennedy Road No. 15" at their regular meeting of February 22, 2005.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the t' of
, 2005, 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
2
EXHIBIT A
DATE: SEPTEMBER 27, 2004
ANNEXATION TO: THE TOWN OF LOS GATOS
NAME OF ANNEXATION: KENNEDY ROAD No. 15
SITUATE IN THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING A PORTION OF THE
LANDS OF CHANG DESCRIBED IN THE GRANT DEED FILED IN THE OFFICIAL RECORDS OF SAID
COUNTY UNDER DOCUMENT NUMBER 15433851:
BEGINNING AT THE MOST WESTERLY CORNER OF THAT CERTAIN ANNEXATION TO THE TOWN
OF LOS GATOS ENTITLED "LITTLEFIELD LANE No. 1" ADOPTED ON AUGUST 20, 1979, BEING THE
MOST NORTHERLY CORNER OF SAID LANDS OF CHANG:
(1) THENCE, ALONG THE SOUTHERLY LINE OF SAID ANNEXATION, SOUTH 73°30' EAST A
DISTANCE OF 70.00 FEET TO THE MOST EASTERLY CORNER OF SAID LANDS OF CHANG;
(2) THENCE, ALONG THE EASTERLY LINE OF SAID LANDS OF CHANG, SOUTH 16°37' WEST A
DISTANCE OF 177.43 FEET TO THE EASTERLY CORNER OF THE LANDS CONVEYED TO
THE COUNTY OF SANTA CLARA BY DEED OF RIGHT OF WAY FILED IN TIC OFFICIAL
RECORDS OF SAID COUNTY UNDER DOCUMENT NUMBER 16493776;
(3) THENCE, ALONG THE NORTHEASTERLY LINE OF SAID LANDS CONVEYED TO THE
COUNTY OF SANTA CLARA, NORTH 73°30' WEST A DISTANCE OF 70.00 FEET TO THE
WESTERLY LINE OF SAID LANDS OF CHANG;
(4) THENCE, ALONG SAID WESTERLY LINE, NORTH 16°37' EAST A DISTANCE OF 177.43 FEET
TO THE POINT OF BEGINNING.
CONTAINING 0.285 ACRES MORE OR LESS.
ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF.
THIS DOCUMENT WAS PREPARED BY ME ON SEPTEMBER 27, 2004.
MATTHEW D. WARD, P. .S.6235
LIC. FEE RENEWAL DATE 03/31/06
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EXHIBIT B
Doc 1849 PROPOSED ANNEXATION
TO THE TOWN OF LOS GATOS
Y ENTITLED KENNEDY ROAD No.15
DATE 09/27/04 SCALE 1"= 40'
MDW JOB No.00261-ANNEX
ece-vea: B/18/04 9:33; 4083995763 408 402 9616; Page 5
08/1B/2004 09:28 4083995763 LOS GATOS ENGINEERIN
PETITION
I±O.R THE ANNEXATION OF TERRITORY TO THE
TOWN OF LOS GATOS
PAGE 05
The undersigned bereby petition the Town Council of the Town of Los Gatos .for approval of a proposed
annexation, and stipulate as follows:
1. This proposal is in.ade pursuant to Part 3, Division 3, Title 5.of the California Government Code
(commencing with Section 56000, Cortese-Knox-blertzberg Local Government Reorganization Act of
2000).
2. The proposed annexation is deS.iguated as: (To be completed by Town Staff)
and consists of
Annexation to the Town of Los Gatos of
of (street name) between
acres on the (N/S/EAV) side
(street name) and (street name).
3. A metes and bounds description of the exterior boundaries of the territory included in the proposal,
marked "Exhibit 'A"'., anal a map of said territory, marked "Exhibit 'B"', are attached to this petition and
by this reference incorporated herein..
4. The territory to be annexed is:
V inhabited (12 or more registered voters)
u.ninliabitcd (less than 12 registered voters).
5. This proposal is consistent with the Sphere of Influence of the Town of Los Gatos.
6. The reason(s) for the proposed annexation is/are:
C.Q toC.~ ~ (Q W (0 S 6cd. S2.Y Vi C12-d
7. It is desired that the proposed annexation be inade subject to the following terms and. conditions-
W8:1F_ Annexa tlOnsl l •F0RMStPntl110n.wpd A "t't a c h me n t: 2
REv.- 12!19/01 - l•
c Recetved: 8/18/04 9:33;
08/18/2004 09:28 4083995763
4083995763 408 402 9618; Page 5
LOS GATOS ENGINEERIN PAGE 06
8. The person(s) signing this petition has/b.ave signed as (check one):
y owner(s) of land within the affected territory.
registered voter(s) within th affected territory.
9. The undersigned proponents ( do/( )do not (check one) own. 7.00 percent of the territory proposed
for annexation.
Wherefore, petitioner(s) request(s) that be taken in accordance with the provisions of Section 56000 et seq.
of the Government Code, and herewitli affix signature(s) as follows:
SIGNATURES
OF PETITIONERS
(Please print name ASSESSOR'S
below signature) MAILING ADDRESS PARCEL NO.
- Sad S, CA RSV3
DATE: j - I 0 Phone: H - ~v3- 3,-'Z-6. 2-0q ` W - • - 9 d 6
DATE:
DATE_
Phone: - W
Phone: H - W -
For additional signatures, use Supplernerntal Petition.
WHEN COMPLETE RETURN TO:
TOWN OF LOS GATOS
PARKS & PUBLIC WORKS DEPARTMENT
P.O. SOX 949
LOS GATOS, CALIFORNIA 95031
PHONE: (408) 399-5771
N;1 BREIAn nexa llonsl l -FO R M51 Pg 1111on,wpd
REV.; 12119/01