04 Staff Report - 17222 Fawndale Drive°w N 0 MEETING DATE: 3/20/06
~y;•u, , , ITEM NO.
"F COUNCIL AGENDA REPORT
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DATE: MARCH 7, 2006
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGER
SUBJECT: ADOPT 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 & 537-20-021)
RECOMMENDATION:
Adopt 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 & 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 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 Agency Formation Commission (LAFCO). The process is initiated
by the Town after the property owner files an annexation petition.
DISCUSSION:
The Town has received a petition from Donald Perrucci (Attachment 2), owners of the property at
17222 Fawndale Drive, requesting annexation to the Town of Los Gatos. The property is located
along Kennedy Road, adjacent to the Town's southerly boundary and within the urban service area.
~ Gum
PREPARED BY: OHN E. CURTIS
6irector of Parks and Public Works
Reviewed by: : T S-Assistant Town Manager Town Attorney Clerk Administrator
Finance Community Development Revised: 3/7/06 9:13 am
Reformatted: 5/30/02 NAB&BCOUNCIL REPORTS\Annex-Kennedy-14 Approve.wpd
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: Kennedy Road No. 14 ANNEXATION
MARCH 7, 2006
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.
Since this is a 100% consent, "Uninhabited" annexation (less thantwelve registered voters), a public
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, County Light Service Area, and County Library Service Area.
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 (received)
State Board of Equalization Fee 350.00 (received)
The petitioner has paid an Annexation Fee to the Town of $1,200.00.
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:
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 & 537-20-021).
A. Legal Description of Kennedy Road No. 14 Annexation.
B. Plat to Accompany Legal Description.
Distribution:
Donald Perrucci, 96 N. Third Street, Suite 275, San Jose, CA 95112
Terry Szewczyk, 1776 Technology Drive, San Jose, CA 95110
NAB&BCOUNCIL REPORTS\Annex-Kennedy-14 Approvempd
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
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 & 537-20-021)
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 4.47 acres
on 17222 Fawndale Drive (APN: 537-19-022 & 537-20-021) has been filed by Donald Perrucci; 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 and 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 a 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:
That it is the conducting authority pursuant to Section 56757 of the Government Code for
the annexation of property designated "Kennedy Road No. 14," 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 4.47 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).
NAB&E\COUNCIL REPORMAnnex-Kennedy-14 Approvempd
d. The Town Council enacted an ordinance over 25 years ago to pre-zone these
properties with a designation of HR-5 (hillside residential, five (5) acres per lot).
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.
j. 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.
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.
N:\B&E\COUNCIL REPORMAnnex-Kennedy-14 Approvempd
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 201n of
March, 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-Kennedy-14 Approve.wpd
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 are 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 are 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°58'29", an are 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
1 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 are 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 74°44'14" 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 are 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
Book 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 cOmer 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°3453" 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 arc 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.
Page 3 of 3
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