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03 Staff Report - Shannon Road No. 22MEETING DATE: 2/6/06 °w N ITEM NO. x. 3 Loos COUNCIL AGENDA REPORT S G At DATE: February 1, 2006 TO: MAYOR AND TOWN COUNCIL FROM: DEBRA J. FIGONE, TOWN MANAGER SUBJECT: ADOPT RESOLUTION SETTING DATE (FEBRUARY 21, 2006) FOR CONSIDERATION OF REORGANIZATION OF UNINHABITED AREA DESIGNATED "SHANNON ROAD NO. 22," APPROXIMATELY 0.87 ACRES. LOCATED AT 16470 SHANNON ROAD (APN: 532-04-031). RECOMMENDATION: Adopt resolution setting date (February 21, 2006) for consideration of reorganization of uninhabited area designated "Shannon Road No. 22," approximately 0.87 acres located at 16470 Shannon Road (APN: 532-04-031) - (Attachment 1). BACKGROUND: On June 17, 2002, the Town Council of the Town of Los Gatos adopted Resolution 2002-92 (Attachment 2), approving the annexation of the property at 16470 Shannon Road. A certified copy of the resolution, along with several other documents, and fees for Local Agency Formation Commission (LAFCO) and the State Board of Equalization (SBE) were necessary in order for a certificate of completion to be recorded for the annexation. A letter was sent to the property owner requesting payment of the fees (Attachment 3). However, they were not paid. Government Code section 57001 states that if a certificate of completion is not filed within one year after the proposal is approved, then the proposal is deemed abandoned unless, prior to the expiration of that year, a continuation is authorized. A continuation was not requested or authorized for this annexation. 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. Ctiti~ PREPARED BY: OHN E. CURTIS Airector of Parks and Public Works -if Reviewed by: Assistant Town Manager Town Attorney Clerk Administrator Finance Community Development Revised: 2/1/06 7:42 am V Reformatted: 5/30/02 N:\B&E\C0LfNC1L REPORMAnnex-Shannon-22 Introduce.wpd PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: INTRODUCE SHANNON ROAD NO. 22 ANNEXATION February 1, 2006 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 the Town 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. DISCUSSION: The Town has received a petition from Jerome and Alissa Park (Attachment 4), owners of the property at 16470 Shannon Road, requesting annexation to the Town of Los Gatos. The property is located along the South side of Shannon Road, between La Chiquita Avenue and Hilow Road, in one of the unincorporated "island" of the County. In addition to the lot proposed for annexation, the Town will also be acquiring approximately 466 linear feet of Shannon 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." 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 a protest proceeding. The approval of the annexation has been scheduled for the February 21, 2006 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) LAFCO Processing Fee 670.00 (due) State Board of Equalization Fee 300.00 (due) NAME\COUNCIL REPORMAnnex-Shannon-22 Introducempd PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: INTRODUCE SHANNON ROAD NO. 22 ANNEXATION February 1, 2006 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 "Shannon Road No. 22" approximately 0.87 acres located at 16470 Shannon Road (APN: 532- 04-031) - (with Exhibits A and B). A. Legal Description of Shannon Road No. 22 Annexation. B. Plat to Accompany Legal Description. 2. Resolution 2002-92 3. Letter requesting payment of the fees 4. Petition Distribution: Jerome and Alissa Park, 16470 Shannon Road, Los Gatos, CA 95032 De Maffei Construction, Inc., 1794 The Alameda, San Jose, CA 95126 NAMECOUNCIL REPORTS\Annex-Shannon-22 Introducempd RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF UNINHABITED TERRITORY DESIGNATED "SHANNON ROAD NO. 22," PROPERTY LOCATED AT 16470 SHANNON ROAD; APPROXIMATELY 0.87 ACRES (APN: 532-04-031) WHEREAS, the Town Council of the Town of Los Gatos has received a request for annexation of territory designated "Shannon Road No. 22" from Jerome and Alissa Park; and WHEREAS, the property, 0.87 acres, more or less, at 16470 Shannon Road (APN: 532-04-031) is contiguous to the Town of Los Gatos and is within its urban service area; and WHEREAS, the following special districts 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 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; NAB&BCOUNCIL REPORTSVlnnex-Shannon-22 Introducempd Attachment 1 i 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 "Shannon Road No. 22" at their regular meeting of February 21, 2005. PASSED AND ADOPTED at a regular meeting of the Town Council held on the 6' of February 2006, 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&MCOUNCIL REPORTMAnnex-Shannon-22 Introducempd 2 September 27, 2000 Annexation to: The Town of Los Gatos "EXHIBIT A' Name of Annexation: Shannon Road No. 22 Date: LEGAL DESCRIPTION PROPOSED ANNEXATION FOR LANDS OF PARK 16470 SHANNON ROAD LOS GATOS, CA JOB NO 00142 "'"40 SURG R06~ Ffo ~J /QN P L7690 6r~ Exp. /2 -5(- (-.6 ALL OF THAT REAL PROPERTY SITUATE IN THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 1 AT THE SOUTHERLY LINE OF SHANNON ROAD AS SHOWN ON THE THE MAP OF TRACT 619 AS SAID MAP WAS RECORDED IN BOOK 24 OF MAPS AT PAGE 17, SANTA CLARA COUNTY RECORDS; THENCE SOUTH 19° 40'00" WEST 80.56 FEET ALONG THE EASTERLY LINE OF SAID TRACT 619; THENCE NORTH 70° 20'00" WEST AND PARALLEL WITH THE SOUTHWESTERLY LINE OF SAID LOT 1, 143,43 FEET TO A POINT IN THE EASTERLY LINE OF LA CHIQUITA AVENUE AS SAID PUBLIC ROAD IS SHOWN ON THE HEREINABOVE DESCRIBED MAP OF TRACT 619; THENCE 1VRTH 70 ° 20' 00" WEST 60.00. FEET TO A POINT IN THE WESTERLY LINE OF SAID LA CHIQUITA AVENUE; THENCE ALONG SAID WESTERLY LINE OF LA CHIQUITA-AVENUE NORTH 19° 40' 00" EAST 26.82 FEET TO THE BEGINNING OF A CURVE IN SAID WESTERLY LINE;. THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVIING A RADIUS OF 20.00 FEET THROUGH A CENTRAL ANGLE OF 98° 32' 00" AN ARC DISTANCE OF 34.39 FEET TO A POINT IN THE SOUTHERLY LINE OF SHANNON ROAD; THENCE NORTH 11 ° 08'00" EAST 50.00 FEET TO A POINT IN THE NORTHERLY LINE OF SHANNON ROAD, SAID POINT LYING ON THE LOS GATOS TOWN LIMIT LINE AS ESTABLISHED BY ANNEXATION SHANNON ROAD NO. 1; THENCE ALONG SAID SHANNON ROAD NO. 1 ANNEXATION AND SAID NORTHERLY LINE SOUTH 78° 52'00" EAST 465.75 FEET; THENCE LEAVING SAID. TOWN LIMITS LINE SOUTH 11 ° 08'00" WEST 50.00 FEET TO A POINT IN THE SOUTHERLY LINE OF SHANNON ROAD AT THE BEGINNING OF A CURVE AT HILOW ROAD AS SHOWN ON THE MAP OF TRACT 616 AS SAID MAP WAS RECORDED IN BOOK 26 OF MAPS AT PAGES 8 AND 9, SANTA CLARA COUNTY RECORDS, THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIAL BEARING OF SOUTH 11 ° 08'00" WEST AND A RADIUS OF 20.00 FEET THROUGH A CENTRAL ANGLE OF 81 ° 27'5.5" AN ARC DISTANCE OF 28.44 FEET TO A POINT IN THE EASTERLY LINE OF HILOW ROAD; THENCE ALONG SAID EASTERLY LINE SOUTH 19° 40'05" WEST 15.01 FEET; THENCE NORTH 70 ° 19'55" WEST 60.00 FEET TO A POINT IN THE WESTERLY LINE OF HILOW ROAD AT THE BEGINNING OF A CURVE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIAL BEARING OF NORTH 70° 19'55 " WEST AND A RADIUS OF 20.90 FEET THROUGH A CENTRAL ANGLE OF 98 ° 32'05 " AN ARC DISTANCE OF 34.40 FEET TO A POINT IN THE SOUTHERLY LINE OF SHANNON ROAD LYING 30 FEET SOUTHERLY OF.THE CENTERLINE THEREOF; THENCE ALONG SAID SOUTHERLY LINE NORTH 78 ° 52'00" WEST 55.70 FEET; THENCE NORTH 19 ° 40'00" EAST 10.11 FEET TO A POINT LYING 20 FEET SOUTHERLY OF THE CENTERLINE OF SHANNON ROAD; THENCE NORTH 78° 52'00" WEST 80.00 FEET; THENCE SOUTH 19° 40'00" WEST 10.11 FEET TO THE POINT OF BEGINNING.. 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EXHIBIT B g --1 g s- t s SHANNON ROAD 171 0 r i42PLA ~nr ANNEXATION NO. 22 ~ ~ Ou 30 ON, 00142 TO TOWN OF LOS GATOS ino u nn~ n RESOLUTION 2002 - 92 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDERING THE REORGANIZATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS SHANNON ROAD NO. 22 (APN: 532-04-031) TO THE TOWN OF LOS GATOS WHEREAS, the proposed reorganization to the Town of Los Gatos consisting of all that unincorporated territory designated as Shannon Road No. 22 (APN: 532-04-031), consisting of approximately 0.87 acres, located generally on the southerly side of Shannon Road, between La Chiquita Avenue and Hilow Road, in the County of Santa Clara is proposed for reorganization to the Town of Los Gatos pursuant to Division 3 of Title 5, commencing with Section 56000 et seq. of the Government Code; WHEREAS, the Town of Los Gatos is authorized by Section 56757 to act as the conducting authority with exclusive power to approve reorganizations within its urban service area; WHEREAS, the Town of Los Gatos has received a petition signed by all the owners of land within the territory to be reorganized, and pursuant to Section 56663 of the Government Code, the Town Council of the Town of Los Gatos may initiate proceedings to reorganize said territory without notice, hearing or election, in the manner described in Section 57002 (d) of the Government Code of the State of California; RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California that the following findings are true and correct: 1. The project is exempt from C.E.Q.A. under the provisions of the California Administrative Code, Title 14, Section 15061(b)(3). 2. The territory is "Uninhabited" as defined in Section 56046 of the Government Code of the State of California 3. The unincorporated territory is within the Town's urban service area as adopted by the Local Agency Formation Commission of Santa Clara County. NAB&E\RES0S\ShannonRd#22-adopted.wpd Attachment 2 4. That th County Surveyor has determined that the boundaries of the proposed reorLyan'zation are definite and certain. 5. The proposal does not split lines of assessment or ownership. 6. The prposed reorganization does not create islands or areas in which it would be difficult to provide municipal services. 7. The proposal is consistent with the Town's adopted general plan. 8. The territory is contiguous with the Town's boundaries. 9. The reason for the proposed reorganization is to properly plan and provide municipal. services to the area that is contiguous to the Town. 10. All of the owners of property within the territory proposed for reorganization have consented to the reorganization. FURTHER RESOLVED, by the Town Council of the Town of Los Gatos, a municipal corporation of the County of Santa Clara, State of California, that pursuant to the provisions of Section 57075 of the Government Code of the State of California, the reorganization to the Town of Los Gatos of that territory designated as Shannon Road No. 22, and described in real property description and map attached hereto, marked Exhibits "A"and "B", respectively, is approved, and that the same be reorganized to the Town of Los Gatos. 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. FURTHER RESOLVED, that upon completion of these reorganization proceedings the territory reorganized will be detached from Santa Clara County Library Service Area. FINALLY RESOLVED, that the Town Clerk is authorized, and is hereby directed, pursuant to Section 57200 of the Government Code, to prepare under seal a certified copy of this resolution, giving the date of passage, and immediately transmit same along with a remittance to cover the fees required by Section 54902.5 of the Government Code to the Executive Officer of the Local Agency Formation Commission of Santa Clara County. N:\B&E\RESOS\Shannon Rd #22-adopted.wpd 2 PASSED AND ADOPTED at a regular meeting of the Town Council held on the 17th day of June, 2002, by the following vote: COUNCIL MEMBERS: AYES: Steven Blanton, Sandy Decker, Steve Glickman, Joe Pirzynski, Mayor Randy Attaway. NAYS : None ABSENT- None ABSTAIN: None SIGNED: /s/ Randy Attaway MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA NAB&E\RESOS\Shannon Rd #22-adopted.wpd 3 TOWN OF LOS GATOS ~f PARKS & PUBLIC WORKS DEPARTMENT SERVICE CENTER ENGINEERING DIVISION 41 MILES AVENUE PHONE (408) 399-5771 P.O. Box 949 FAX (408) 399-5763 Los GATOS, CA 95031 March 10, 2003 Mr. and Mrs. Jerome J. Park 16470 Shannon Road Los Gatos, CA 95032 RE: Shannon Road No. 22 Annexation to the Town of Los Gatos Dear Mr. & Mrs. Park: On June 17, 2002, the Town Council of the Town of Los Gatos adopted Resolution-2002-92, approving the annexation of your property at 16470 Shannon Road. A certified copy of the resolution, along with several other documents, and fees must be sent to L.A.F.C.O. (Local Agency Formation Commission) and S.B.E. (State Board of Equalization). The enclosed letter was sent to you prior to the Council meeting requesting check for those fees. To date, we have not received those fees and the annexation has not been completed. In order to complete your annexation, please submit checks made out to the following agencies to Marlyn Rasmussen in the Town Clerk's Office: L.A.F.C.O. $340.00 S.B.E. $300.00 If the annexation is not recorded, it will not be considered complete and the property will not be in the jurisdiction of the Town of Los Gatos. If you have additional questions concerning this project, please telephone me at (408) 395-5310 or e-mail me at: pduarte@town.los-gatos.ca.us. Or you can contact Marlyn at (408) 354-6834 or mrasmussen @town.los-gatos.ca.us. Sincerely, TRISH DUARTE Senior Engineering Technician cc: Marlyn Rasmussen, Senior Deputy Town Clerk N:\B&E\Annexations\Shannon Rd-22\Letter-031003.wpd INCORPORATED AUGUST 10, 1887 Attachment 3 PETITION FOR THE ANNEXATION OF TERRITORY TO THE TOWN OF LOS GATOS The undersigned hereby petition the Town Council of the Town of Los Gatos for approval of a proposed annexation, and stipulate as follows: 1. This proposal is made pursuant to Part 3, Division 3, Title 5 of the California Government Code (commencing with Section 56000, Cortese-Knox Local Government Reorganization Act of 1985). 2. The proposed annexation is designated asy:~ (To be completed by Town Staff) S 14 A /V 1c~0IV `RO A-D /X O. Z Z and consists of Annexation to the Town of Los Gatos of d• ~7 acres on the (OE/W) side of J hC h h017 Tcrid (street name) between & 1 6~(J t k 14G (street name) and g I I'OCA) Read (street name). 3. A metes and bounds description of the exterior boundaries of the territory included in the proposal, marked "Exhibit 'A`, and 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: inhabited (12 or more registered voters) V uninhabited (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: AA exi5-6g kou.Se Zs ~o 6- -&nrn dowvt a,v%d a vlew ltou e fS L-~ be 1V1 i-Es 26 ce . 7. It is desired that the proposed annexation be made subject to the following tTrms and conditions: c t4 G 8. Theperson(s) signing this petition has/have signed as (check one): V owner(s) of land within the affected territory. registered voter(s) within the affected territory. oV14AA:T0RMS1PET 0N. Attachment 4 REV.: 9/19194 9. The undersigned proponents (4o/(do not (check one) own 100 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 herewith affix signature(s) as follows: SIGNATURES OF PETITIONERS (PLEASE PRINT NAME ASSESSORS BELOW SIGNATURE MAILING ADDRESS PARCEL NO DATE: NvE~~ DATE: C~a-6S CO- g5D32- PHONE: H - (q-t)n 3St ° 16 ('1 s- ) 23-7- 32-C W - QCb w1 e as aLove- PHONE: H - L__) W- DATE: PHONE: H - L_) W-U Additional signatures on separate sheet. WHEN COMPLETE RETURN TO: TOWN OF LOS GATOS PLANNING DEPARTMENT P.O. BOX 949 LOS GATOS, CALIFORNIA 95031 PHONE: (408) 354-6872 532-D+--03I wee c_„S ck-Lve DV14AA \F0RMS\PETrn0N. REV.: 9/19/94