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08 Staff Report - Linda Avenue No. 3MEETING DATE: 12/5/05 tt N 0~ ITEM NO. COUNCIL AGENDA REPORT SOS G h DATE: November 21, 2005 TO: MAYOR AND TOWN COUNCIL FROM: DEBRA J. FIGONE, TOWN MANAGER SUBJECT: ADOPT RESOLUTION SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF UNINHABITED AREA DESIGNATED "LINDA AVENUE NO. 3", APPROXIMATELY 3.667 ACRES LOCATED AT 15881 & 15909 LINDA AVENUE AND 15950 STEPHENIE LANE (APN: 532-25- 020,021 &036) RECOMMENDATION: Adopt resolution setting date for consideration of reorganization of uninhabited area designated "Linda Avenue No. 3", approximately 3.667 acres located at 15881 & 15909 Linda Avenue and 15950 Stephenie Lane (APN: 532-25-020, 021 & 036) 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 Community Development 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. O PREPARED BY: E. CUR Airector of Parks and Public Works Reviewed by: S Assistant Town Manager Town Attorney Clerk Administrator Finance Community Development Revised: 11/21/05 11:33 am Reformatted: 5/30/02 N:\B&E\COUNCIL REPORTS\Annex-Linda-3 Introduce_wpd PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: SET DATE FOR LINDA AVENUE NO. 3 ANNEXATION November 22, 2005 DISCUSSION: The Town has received a petition from Jennifer Den Daas, Daniel Holloway and Daniel Blue (Attachment 2), owners of the three properties at 15881 & 15909 Linda Avenue and 15950 Stephenie Lane, requesting annexation to the Town of Los Gatos.. The property is located at the northerly ends of Linda and Stephenie Lanes, just southerly and adjacent to Ross Creek, in one of the unincorporated "islands" of the County. A planned development has been proposed for this property, however, it has not yet been deemed complete by the Development Review Committee or heard by the. Planning Commission. 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. Both agencies have waived their right to a protest proceeding (public hearing),, so,approval of the annexation has been scheduled for the December 19, 2005 Council Meeting as a consent item. 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) Review by County Assessor's Office 55.00 (paid) LAFCO Processing Fee 670.00 (paid) State Board of Equalization Fee 350.00 (paid) The petitioner has paid an Annexation Fee to the Town of $800, plus a computer service fee of $32 and a microfiching fee of $30. 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. N:\B&E\COUNCIL REPORMAnnex-Linda-3 Introducempd PAGE 3 MAYOR AND TOWN COUNCIL r~ SUBJECT: SET DATE FOR LINDA AVENUE NO. 3 ANNEXATION November 21, 2005 Attachments: Resolution making determinations and approving the reorganization of territory designated "Linda Avenue No. 3" approximately 3.667 acres located at 15881 & 15909 Linda Avenue and 15950 Stephenie Lane (APN: 532-25-020, 021 & 036) - (with Exhibits A and B). A. Legal Description of Linda Avenue No. 3 Annexation. B. Plat to Accompany Legal Description. Distribution: Jennifer Den Daas, 15881 Linda Ave., Los Gatos, CA 95032 Daniel Holloway, 15909 Linda Ave., Los Gatos, CA 95032 Daniel Blue, 15950 Stephenie Ln., Los Gatos, CA 95032 Terry McElroy and Hanne Olafsen, 214 Almendra Ave., Los Gatos, CA.95030 Michael Lopez, Interim Director, Environmental Resources Agency, 7t' Floor, County Government Center, East Wing; 70 W. Hedding Street, San Jose, CA 95110 N:\B&E\COUNCIL REPORMAnnex-Linda-3 Introducempd RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA DESIGNATED "LINDA AVENUE NO. 3," PROPERTY LOCATED AT 15881 & 15909 LINDA AVENUE AND 15950 STEPHENIE LANE; APPROXIMATELY 3.667 ACRES (APN: 532-25-020,021 & 036) WHEREAS, the Town Council of the Town of Los Gatos has received a request for annexation of territory designated "Linda Avenue No. 3" from Jennifer Den Daas, Daniel Holloway and Daniel Blue; and WHEREAS, the property located at 15881 & 15909 Linda Avenue and 15950 Stephenie Lane (APN: 532-25-020, 021 & 036), contains 3.667 acres, more or less, 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 R1:8(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 NAB&E\COUNCIL REPORTS\P.nnex-Linda-3 Introducempd 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 "Linda Avenue No. 3" at their regular meeting of December 19, 2005. PASSED AND ADOPTED at a regular meeting of the Town Council held on the 5' of December 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 N:\B&E\COUNCIL REPORMAnnex-Linda-3 Introduce.wpd EXHIBIT "A" DESCRIPTION TO ACCOMPANY ANNEXATION OF TERRITORY KNOWN AS LINDA AVENUE NO.3 TO THE TOWN OF LOS GATOS All that certain property situated in the County of Santa Clara, State of California, more particularly described as follows Beginning at the Northwesterly corner of that certain annexation to the town of Los Gatos known as Linda Avenue No. 2, said point being on the Westerly rights of way line of Linda Avenue (60 feet wide); thence along said rights of way line and'Westerly limit of that certain annexation South 12 Degrees 27 Minutes East a distance of 20.04 feet and South 21 Degrees 47 Minutes East a distance of 82.23 feet; thence leaving said westerly limit of that certain annexation and rights of way line South 68 Degrees 13 Minutes West a distance of 171.67 feet; thence South 22 Degrees 11 Minutes 15 Seconds East a distance of 68.82 feet; thence South 68 Degrees 2.4 Minutes West a. distance of 220.41 .feet; thence North 12 Degrees 49 Minutes West a distance of 377.78 feet to the middle of a small creek; thence along the middle of said creek North 60 Degrees 18 Minutes East a distance of 163.02 feet; thence North 45 Degrees 21 Minutes 49 Seconds East a distance of 42.33 feet; thence North 43 Degrees 455Minutes East a distance 142.82 feet; thence N 63 Degrees 17 Minutes East a distance of 107.58 feet; thence South 12 Degrees 27 Minutes East 'a distance of 314.51 feet to the Northerly limit of that certain annexation and right's of way; thence Westerly along said limit and rights of way to the point of beginning. Containing 3.667 acres more or less. t~a49~i Exp~'es 12/31J0~ Westfall Engineers, Inc. LEGEND: PROPERTY TO BE ANNEXED TO TOWN `OF LOS GATOS BOUNDARY. EXISTING TOWN'S LIMIT LINE - - VICINITY MAP E '5-5 62 N6078 ~ v V LANDS OF BLUE APN 523-25-36 LANDS OF DEN OAAS APN 523-25720 µ68„i3E 50.00 3.670 ACRES Z 17279 o N LINDA AVENUE g813'00"E o v NO. 2 z ~ µ ANN ATION LANDS OF HOLLOWAY z APN 523-25-21 Z ~s co 0 N 77 91 0 171.67' N68~3'~ 6 t m Z tc i 1 m f ~Y EXHIBIT -B co PROPOSED ANNEXATION TO to TOWN OF LOS GATOS ENTITLED LINDA VENUE NO. 3 ANNEXA ION DATE: SEPTEMBER 14, 2005 BY. HARRY BABICKA WESTFALL ENGINEERS, INC. SARATOGA, CALIFORNIA