09 Staff Report - Kennedy Road No. 15MEETING DATE: 2/22/05
`i W N 0
ITEM NO.
n, •.ta t i J .
COUNCIL AGENDA REPORT
!ps GA.~pS
DATE: February 9, 2005
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGER
SUBJECT: ADOPT 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)
RECOMMENDATION:
Adopt resolution making determinations and approving the reorganization of territory designated
"Kennedy Road No. 15," located at 16701 Kennedy Road (APN: 532-08-063).
BACKGROUND:
On February 7, 2005, the Council adopted Resolution 2005-006, setting the date for consideration
of reorganization of the area designated "Kennedy Road No. 15," located at 16701 Kennedy Road;
approximately 0.285 Acres (APN: 532-08-063).
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.
DISCUSSION:
The Town has received a petition from Mr. and Mrs. Chang, owners of the property at 16701
Kennedy Road, requesting annexation to the Town of Los Gatos. The property is located in the
Littlefield-Marchmont area, one of the unincorporated "island" or "pockets" of the County.
PREPARED BY: HNE. CURTIS
J rector of Parks and Public Works
Reviewed by: Assistant Town Manager Town Attorney Clerk Administrator
6mnance Community Development Revised: 2/9/05 1:27 pm
Reformatted: 5/30/02 N:\B&E\COUNCIL REP0RTS\Amiex-Kennedy-15.2.wpd
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: KENNEDY ROAD NO. 15 ANNEXATION
February 9, 2005
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, under new legislation, waiver of the 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 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 (received)
State Board of Equalization Fee 300.00 (received)
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:
Resolution making determinations and approving the reorganization of territory designated
"Kennedy Road No. 15," approximately 0.285 acres located at 16701 KennedyRoad (APN: 532-08-
063) (with Exhibit A and B).
A. Legal Description of Kennedy Road No. 15 Annexation.
B. Plat to Accompany Legal Description.
Distribution:
Mr. and Mrs. Chang, P.O. Box 33097, Los Gatos, CA 95031
NAB&BCOUNCIL REPORTS\Annex-Kennedy-15.2.wpd
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
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)
WHEREAS, a petition for the annexation of certain territory to the Town of Los Gatos and
detachment of said territory from Santa Clara County Library Service Area, consisting of 0.285 acres
on 16701 Kennedy Road (APN: 532-08-063) has been filed by Mr. and Mrs. Chang; and
WHEREAS, on February 7, 2005, the Town Council adopted Resolution 2005-006,
initiating proceeding for annexation of the area designated as "Kennedy Road No. 15";
WHEREAS, said territory is uninhabited and all owners of land included in the proposal
consent to this annexation; and
WHEREAS, Section 56757 of the California Government Code states that the Local Agency
Formation Commission shall not review an annexation proposal to any City in Santa Clara County
of unincorporated territory which is within the urban service area of the city in initiated by resolution
of the legislative body and therefore the Town Council of the Town of Los Gatos is now the
conduction authority of said annexation; and
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; and
WHEREAS, evidence was presented to the Town Council;
NOW THEREFORE BE IT RESOLVED by the Town Council of the Town of Los Gatos
as follows:
That it is the conducting authority pursuant to Section 56757 of the Government Code for
the annexation of property designated "Kennedy Road No. 15," more particularly described
in Exhibit A and B;
2. That the following finding are made by the Town Council of the Town of Los Gatos:
a. That said territory is uninhabited and comprises approximately 0.285 acres.
NAME\COUNCIL REPORTS\Annex-Kennedy-15.2.wpd
b. That 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 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 25 years ago pre-zoning the subject
territory with an R1:8 (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 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. That the proposed annexation does 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.
i. 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 all conditions imposed by the Commission for
inclusion of the 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 of this reorganization, have consented in writing to a waiver of protest
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 FURTHER RESOLVED that upon completion of these reorganization proceedings
the territory annexed will be detached from the Santa Clara County Library Service Area.
NAME\COUNCIL REPORTS\Annex-Kennedy-15.2.wpd
BE IT FURTHER RESOLVED 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.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 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 ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
NAME\COUNCIL REPORTS\Annex-Kennedy-15.2.wpd
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 THE 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.
X AND ~
A
MATTHEW D. WARD, P. .5.6235
LIC. FEE RENEWAL DATE 03/31/06
43
00261LE-ANI.wpd 5
- O-F
/ ALL DISTANCES ARE IN FEET
AND DECIMALS THEREOF.
0
c o
0
LIT
gFIELD
~NE N/ ~G N
KENNFpyo~J ROAD
GOV 6 Lb
LOCATION MAP
NOT TO SCALE
z n
APN 532-8-49
VEPOGINNING U LITTLEFIELD LANE#1
ANNEXATION TO THE
TOWN OF LOS GATOS ~G
RESOLUTION ADOPTED 08/20/79 /
co DOCUMENT DATED 11/26/79
in U
S, U)
Qz / °E ;;Io
06'To
Q l C~ WN 0~ l~~
PROPOSED ANNEXATION UNT v
TO THE TOWN OF
LOS GATOS
/ ANNEXATION AREA
±0.285 ACRES
P
ti
cl)
40
No. rop-35
h
/ LANDS OF CHANG
/ 0 . R . 15433851;F.
APN 532-8-58 OF
(3)
N\° w /
°l ~J ht of~ 00"
L ~0 R d1catloo o EXHIBIT B
16 493j L PROPOSED ANNEXATION
1~NNb \6/ o TO THE TOWN OF LOS GATOS
ENTITLED KENNEDY ROAD No. 15
DATE 09/27/04 SCALE 1"= 40'
Y MDW JOB No.00261-ANNEX