10 Staff Report - Kennedy Road No. 14~pW N 0
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DATE:
TO:
FROM:
SUBJECT:
MEETING DATE: 2/21/06
ITEM NO. ' 10
COUNCIL AGENDA REPORT
February 14, 2006
MAYOR AND TOWN COUNCIL
-4Kt~ .1
DEBRA J. FIGONE, TOWN MANAGER
ADOPT RESOLUTION SETTING DATE (MARCH 20, 2006) FOR
CONSIDERATION OF REORGANIZATION OF UNINHABITED AREA
DESIGNATED "KENNEDY ROAD NO. 14", APPROXIMATELY 4.47
ACRES LOCATED AT 17222 FAWNDALE DRIVE (APNs: 537-19-022 AND
537-20-021)
RECOMMENDATION:
Adopt resolution setting date (March 20, 2006) for consideration of reorganization of uninhabited
area designated "Kennedy Road No. 14", approximately 4.47 acres located at 17222 Fawndale Drive
(APNs: 537-19-022 and 537-20-021).
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 received approval from the Planning Commission 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.
4
PREPARED BY: JOHN E. CURTIS Z
Director of Parks and Public Works
Reviewed by: F Assistant Town Manager fib/Town Attorney Clerk Administrator
-1 17-
Finance Community Development Revised: 2/14/06 8:17 am
Reformatted: 5/30/02 NAB &E\COUNCII. REPORTS\Annex-Kennedy-14 Intorduce.wpd
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: INTRODUCE KENNEDY ROAD NO. 14 ANNEXATION
February 14, 2006
DISCUSSION:
The Town has received a petition from Donald Perrucci, owner of the property at 17222 Fawndale
Drive, requesting annexation to the Town of Los Gatos. The property is located along Kennedy,
adjacent to the Town's southerly boundary and within the urban service area.
In addition to the lot proposed for annexation, the Town will also be acquiring approximately 2,082
linear feet of the northerly half of Kennedy Road (the southerly half is already in Town limits), in
conformance with the Santa Clara County Road Annexation Policy.
The property is in the Town's Urban Services Area, boundary, and is prezoned HR-5 (hillside
residential, one dwelling per five (5) acres). Annexation will allow "city" services to be extended
to the property.
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 protest proceeding has been scheduled for March 6, 2006.
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 (paid)
State Board of Equalization Fee 350.00 (paid)
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.
N:\B&E\COUNCIL REPO RTS\Annex-Kennedy-141ntorducempd
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: INTRODUCE KENNEDY ROAD NO. 14 ANNEXATION
February 14, 2006
Attachment:
Resolution making determinations and approving the reorganization of territory designated
"Kennedy Road No. 14" approximately 4.47 acres located at 17222 Fawndale Drive (APN: 537-19-
022 and 537-20-021) - (with Exhibits A and B).
A. Legal Description of Kennedy Road No. 14 Annexation.
B. Plat to Accompany Legal Description.
Distribution:
Donald Perrucci, 96 N. Third St., Suite 275, San Jose, CA 95112
Terry Szewczyk, TS Civil Engineering, 1776 Technology Dr., San Jose, CA 95110
Michael Lopez, Interim Planning Manager, Environmental Resources Agency, County Government
Center, East Wing, 70 W. Hedding Street, 7' Floor, San Jose, CA 95110
NAME\COUNCIL REPORMAnnex-Kennedy-14 Intorducempd
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
SETTING DATE FOR CONSIDERATION OF REORGANIZATION
OF UNINHABITED TERRITORY DESIGNATED
"KENNEDY ROAD NO. 14,"
PROPERTY LOCATED AT 17222 FAWNDALE DRIVE;
APPROXIMATELY 4.47 ACRES (APN: 537-19-022 AND 537-20-021)
WHEREAS, the Town Council of the Town of Los Gatos has received a request for
annexation of territory designated "Kennedy Road No. 14" from Donald Perrucci; and
WHEREAS, the property, 4.47 acres, more or less, at 17222 Fawndale Drive (APN: 537-19-
022 and 537-20-021) 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
designation of HR-5 (hillside residential, five (5) acres per lot) ; 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
NAB&MCOUNCIL REPORMAnnex-Kennedy-14 intorducempd
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
"Kennedy Road No. 14" at their regular meeting of March 20, 2006.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 21St 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
NA8&E\C0UNCIL REPORMAnnex-Kennedy-14 Intorducempd 2
September 30, 2003
EXHIBIT A
TOWN OF LOS GATOS
ANNEXATION
KENNEDY ROAD NO. 14
All that certain real property situate in the County of Santa Clara, State of California, being
described as follows:
BEGINNING at the Southeasterly corner of that certain annexation to the Town of Lost Gatos
entitled "Top of the Hill Road #5, said point also being in the Northerly line of that certain
annexation to the Town of Los Gatos entitled "Kennedy Road #7, said point also being in the
monument line of Kennedy Road.(40 feet wide); thence along the Northerly line of Kennedy
Road #7 the following courses and distances:
North 80°02'02" East 57.24 feet,
along a tangent curve to the right, having a radius of 400.00 feet, through a central angle
of 16°51'58", an arc distance of 117.75 feet,
South 83°06'00" East 110.61 feet,
along a tangent curve to the left, having a radius of 200.00 feet, through a central angle of
34°46'53", an arc distance of 121.41 feet,
North 62°07'07" East 110.74 feet,
along a tangent curve to the right, having a radius of 200.00 feet, through a central angle
of 28°21'21", an arc distance of 98.98 feet, .
South 89°31'32" East 165.88 feet,
along a tangent curve to the right, having a radius of 100.00 feet, through a central angle
of 56°5829", an arc distance of 99.44 feet,
South 32°33'04" East 110.09 feet,
along a tangent curve to the left, having a radius of 500.00 feet, through a central angle of
09°01'49", an arc distance of 78.80 feet,
South 41°34'53" East 105.21 feet,
Page 1 of 3
Exhibit A
along a tangent curve to the right, having a radius of 100.00 feet, through a central angle
of 44°00'00", an arc distance of 76.79 feet,
South 02°25'07" West 62.11 feet,
along a tangent curve to the right, having a radius of 100.0 feet, through a central angle of
95°48'54", an arc distance of 167.23 feet,
North 81°45'59" West 14.96 feet,
North 80°45'59" West 196.64 feet,
North 74144'14" West 179.05 feet,
along a tangent curve to the left, with a radius of 60.00 feet, through a central angle of
162°05'00", an arc distance of 169.73 feet
to the point of intersection with the Northerly prolongation of the Southeasterly line of that
certain parcel of land conveyed to G.A. Shaffer by Deed recorded February 7, 1958 in Book
4001, page 141, Santa Clara County Records; thence along said Southeasterly line, South
02°30'00" East 23.20 feet to the Southerly line of Kennedy Road (40 feet wide); thence leaving
said North line of said Kennedy Road No. 7 along the said Southerly line of Kennedy Road,
along a curve to the left having a radius of 80.00 feet, through a central angle of 11'15'00", an arc
distance of 15.71 feet; thence North 12°11'26" East 40.00 feet to the Northerly line of Kennedy
Road (40.00 feet in width); thence along said Northerly line the following courses:
along a curve to the right, having a radius of 40.00 feet, from a point with a radial bearing
of North. 12°11'26" East, through a central angle of 183°04'20", an arc distance of 127.81
feet,
South 74°44'14" East 180.10 feet,
South 80°45'59" East. 197.87 feet,
South 81°45'59" East 15.13 feet,
along a tangent curve to the left, having a radius of 120.00 feet, through a central angle of
95°48'54", an arc distance of 200.67 feet,
North 02°25'07" East 62.11 feet,
along a tangent curve to the left, having a radius of 120.00 feet, through a central angle of
33°38'57", an are distance of 70.47 feet
to the South line of Parcel B, as said Parcel. is shown upon that certain Record of Survey field in
Boole 216 of Maps at page 21, Santa Clara County Records; thence along said South line, North
88°57'47" East 281.46 feet to the Southeast cOrner of said Parcel B; thence along the East line of
said Parcel B, North 01°02'13" West 179.46 feet; thence leaving said East line, South 49°56'03"
East 156.57 feet; thence South 66°41'11" East 158.74 feet; thence North 10°57'57" East 8.02
Page 2 of 3
feet; thence North 47°44'57" East 77.65 feet; thence North 01°50'57" East 49.67 feet; thence
North 62°21'02" West 154.40 feet; thence North 70°28'13" West 128.02 feet; thence South
86°37'06' West 69.93 feet to the East line of said Parcel B; thence along said East line, North
01°02'13" West 57.98 feet; thence leaving said East line, North 59°05'54" West 346.96 feet;
thence South 00°59'13" East 458.80 feet to the said Northerly line of Kennedy Road; thence
along said Northerly line the following courses:
North 41°34'53" West 103.91 feet,
along a tangent curve to the right, having a radius of 480.00 feet, through a central angle
of 09°01'49", an arc distance of 75.65 feet,
North 32°33'04" West 110.09 feet,
along a tangent curve to the left, having a radius of 120.00 feet, through a central angle of
56°58'29', an are distance of 119.33 feet,
North 89°31'32" West 165.88 feet,
along a tangent curve to the left, having a radius of 220.00 feet, through a central angle of
28°21'21 ",an arc distance of 108.88 feet,
South 62°07'07" West 110.74 feet,
along a tangent curve to the right, having a radius of 180.00. feet, through a central angle
of 34°46'53", an are distance of 109.27 feet,
North 83°06'00" West 110.61 feet,
along a tangent curve to the left, having a radius of 420.00 feet, through a central angle of
16°51'58", an arc distance of 123.64 feet, and
South 80°02'02" West.53.84 feet
to the East line of said Top of the Hill Road #5 Annexation; thence along said East line, South
00'19'09" East 20.29 feet to the said point of beginning, containing 4.47 acres of land, more or
less.
LMD
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Page 3 of 3
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