12 Staff Report - 16439 Hilow RoadMEETING DATE: 12/19/05
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ITEM NO.
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COUNCIL AGENDA REPORT
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DATE: December 2, 2005
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGER
SUBJECT: ADOPT RESOLUTION MAKING DETERMINATIONS AND APPROVING
THE REORGANIZATION OF TERRITORY DESIGNATED "HILOW ROAD
NO. 2," APPROXIMATELY 0.450 ACRES LOCATED AT 16439 HILOW
ROAD (APN: 532-04-065)
RECOMMENDATION:
Adopt resolution making determinations and approving the reorganization of territory designated
"Hilow Road No. 2," approximately 0.450 acres located at 16439 Hilow Road (APN: 532-04-065).
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 recently received 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 AgencyFormation Commission (LAYCO). The process is initiated
by the Town after the property owner files an annexation petition.
DISCUSSION:
The Town has received a petition from David G. LeBaron, Jr. (Attachment 2), owner of the property
at 16439 Hilow Road, requesting annexation to the Town of Los Gatos. The property is located on
Hilow Road, southerly of Shannon Road and northerly of Topping Way, in one of the unincorporated
"islands" of the County.
~1. 6v~
PREPARED BY: OHN E. CURTIS
irector of Parks and Public Works
Reviewed by: CS~j-Assistant Town Manager Town Attorney Clerk Administrator _
iFinance Community Development Revised: 12/2/05 2:34 pm
Reformatted: 5/30/02 NAB&E\COUNCIL REPORMAmiex-Hilow-02 Approve.wpd
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: APPROVE HILOW ROAD NO.2 ANNEXATION
December 2, 2005,
In addition to the lot proposed for annexation, the Town will also be acquiring approximately 121
linear feet of Hilow Road, in conformance with the Santa Clara County Road 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), apublic
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 the County Library Service Area (Attachments 3 & 4).
ENVIRONMENTAL ASSESSMENTS:
Annexation of the subject property is exempt for the California Environmental Quality Act
guidelines, pursuant to Section 15061(b)(3).
FISCAL EMIPACT:
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, plus a computer service fee of
$96.00 and a microfiching fee of $30.00.
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
"Hilow Road No. 2," approximately 0.450 acres located at 16439 Hilow Road (APN: 532-04-
065).
A. Legal Description of Hilow Road No. 2 Annexation.
B. Plat to Accompany Legal Description.
2. Annexation Petition
3. Protest Waiver, Santa Clara County
4. Protest Waiver, Library Service Area
NAMEICOUNCIL REPORMAnnex-Hilow-02 Approve.wpd
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: APPROVE HILOW ROAD NO. 2 ANNEXATION
December 2, 2005
Distribution:
David G. LeBaron, Jr.,1818 McDaniel Avenue, San Jose, CA 95126
Lydia Lyons, DeMattei Construction Inc., 1794 The Alameda, San Jose, CA 95126
Michael Lopez, Interim Director; Environmental Resources Agency, 7th Floor; County Government
Center, East Wing; 70 W. Hedding Street, San Jose, CA 95110
NAMEICOUNCIL REPORMAnnex-Hilow-02 Approve.wpd
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
MAKING DETERMINATIONS AND APPROVING THE
REORGANIZATION OF TERRITORY DESIGNATED
"HILOW ROAD NO. 2,"
APPROXIMATELY 0.450 ACRES
LOCATED AT 16439 HILOW ROAD
(APN: 532-04-065)
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 0.450
acres on 16439 Hilow Road (APN: 532-04-065) has been filed by David G. LeBaron, Jr.; and
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:
1. That it is the conducting authority pursuant to Section 56757 of the Government Code for the
annexation ofproperty designated "Hilow Road No. 2," 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 0.450 acres.
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.
The project is exempt from C.E.Q.A. under the provision of the California
Administrative Code, Title 14, Section 15061(b)(3).
N:\B&E\COUNCIL REPORTS\Annex-Hilow-02Approve.wpd Attachment 1
d. The Town Council enacted an ordinance over 20 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.
That the proposed annexation is consistent with the Town's General Plan.
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.
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.
NAB&MCOUNCIL REPORMAnnex-Hilow-02 Approve.wpd
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 19t'
day 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 ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
NAB&BCOUNCIL REPORTS\Annex-Hilow-02 Approve.wpd
EXTIIBIT "A"
LEGAL DESCRIPTION
ANNEXATION TO THE TOWN OF LOS GATOS
HILOW NO.2
TOWN OF LOS GATOS, COUNTY OF SANTA CLARA
STATE OF CALIFORNIA
SEPTEMBER 21, 2005
BEING ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE UNINCORPORATED AREA OF
THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESIGNATED AS LOT 7 ON THAT
TRACT MAP RECORDED IN BOOK 26 OF MAPS AT PAGES 8 AND 9, SANTA CLARA COUNTY
RECORDS, TOGETHER WITH A PORTION OF HILOW ROAD AS SHOWN ON SAID TRACT MAP
AND ON THAT TRACT MAP RECORDED IN BOOK 48, OF MAPS AT PAGE 31, SANTA CLARA
COUNTY RECORDS; BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE WESTERN LINE OF HILOW ROAD, SAID POINT ALSO
BEING THE SOUTHEASTERN CORNER OF LOT 8, FROM WHICH THE SOUTHEASTERN
CORNER OF LOT 7 BEARS NORTH 19° 40'05" EAST 75.00 FEET DISTANT; THENCE ALONG
THE WESTERN LINE OF HILOW ROAD;
1) NORTH 19° 40'05" EAST 75.00 FEET TO THE SOUTHEASTERN CORNER OF SAID
LOT 7; THENCE ALONG THE SOUTHERN BOUNDARY OF SAID LOT 7
2) NORTH 70° 19'55" WEST 142.15 FEET TO THE SOUTHWESTERN CORNER OF SAID
LOT 7; THENCE ALONG THE WESTERN BOUNDARY OF SAID LOT 7
3) NORTH 19° 40'00" EAST 75.00 FEET TO THE NORTHWESTERN CORNER OF SAID
LOT 7; THENCE ALONG THE NORTHERN BOUNDARY OF SAID LOT 7
4) SOUTH 70° 19'55" EAST 142.62 FEET TO THE NORTHEASTERN CORNER OF SAID
LOT 7; THENCE LEAVING SAID LOT 7
5) SOUTH 68° 28'00" EAST 60.00 FEET TO A POINT ON THE EASTERN LINE OF SAID
HILOW ROAD; THENCE SOUTHERLY ALONG SAID EASTERN LINE
6) ON A CURVE CONCAVE TO THE EAST FROM A RADIAL BEARING OF NORTH 68°
28'00" WEST HAVING A RADIUS OF 817.48 FEET THROUGH A CENTRAL ANGLE
OF 1° 51'55" AND AN ARC DISTANCE OF 26.61 FEET; THENCE
7) SOUTH 19° 40'05" WEST 121.44 FEET TO THE NORTHWESTERN CORNER OF THE
ANNEXATION TO THE TOWN OF LOS GATOS ENTITLED "HILOW NO. 1"; THENCE
ALONG THE NORTHERN BOUNDARY OF LAST SAID ANNEXATION
8) NORTH 70° 19'55" WEST 60.00 FEET TO THE POINT OF BEGINNING OF THIS
DESCRIPTION.
CONTAINING 19,607 SQUARE FEET (0.45 ACRES), MORE OR LESS, AND INCLUDING ALL OF
THE AFOREMENTIONED LOT 7.
THE MOST SOUTHERN BOUNDARY AS DESCRIBED WITHIN THIS LEGAL DESCRIPTION
(NORTH 70° 19'55" WEST 60.00 FEET) IS CONTIGUOUS WITH AND ADJACENT TO THE
EXISTING TOWN BOUNDARY AS ESTABLISHED BY ANNEXATION TO THE TOWN OF LOS
GATOS ENTITLED "HILOW NO. I".
THIS DESCRIPTION IS BASED ON RECORD INFORMATION. THE BASIS OF BEARINGS IS
THAT AS REFERENCED ON SAID TRACT MAP. THE ATTACHED PLAT MAP IS MADE A PART
OF AND SHOWS THE INTENT OF THIS DESCRIPTION.
COMPILED BY DUNBAR AND CRAIG LAND SURVEYS, INC.
FILE NO. 05415.
Exhibit A
EXHIBIT B DUNBAR & CRAIG APN: 532-04-065
ANNEXATION LICENSED LAND SURVEYORS DATE: 9/19/05
TO: TOWN OF LOS GATOS 236 N. SANTA CRUZ AVE, SUITE 104
ENTITLED: HILOW NO. 2 LOS GATOS, CALIFORNIA 95030 SCALE: 1"=40'
LOS GATOS CALIFORNIA (408) 399-6929
LEGEND SSOM HILL RD. INDICATES BOUNDARY &
p NON RD, AREA OF ANNEXATION
A
- EXISTING TOWN/COUNTY BOUNDARY
~ - ° - - - RIGHT OF WAY / EASEMENTS
MAIN SITE p P.U.E. PUBLIC UTILITY EASEMENT
ST, ~ All distances shown are in feet and decimals thereof.
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I VICINITY MAP
APN 532-04-064
16425 HILOW ROAD
LOT 6 TRACT NO. 616
S70'1 9'55"E S68-28'11 N68'28'W RADIAL 1 '2A 90~O LO
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APN 532-04-066
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16453 HILOW ROAD
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Exhibit B
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