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
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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..
END OF DESCRIPTION.
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ANNEXATION NO. 22
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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