12 Staff Report - Mireval Road No. 3MEETING DATE: 4/17/06
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COUNCIL AGENDA REPORT
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DATE: April 4, 2006
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGER
SUBJECT: ADOPT RESOLUTION SETTING DATE (MAY 1, 2006) FOR
CONSIDERATION OF REORGANIZATION OF UNINHABITED AREA
DESIGNATED "MI REVAL ROAD NO. 3", APPROXIMATELY 15.4 ACRES
LOCATED AT THE END OF MIREVAL ROAD (APN: 532-25-027)
RECOMMENDATION:
Adopt resolution setting date for consideration of reorganization of uninhabited area designated
"Mireval Road No: 3", approximately 15.4 acres located at the End of Mireval Road (APN: 532-25-
027).
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 requested 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. 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.
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PREPARED BY: 4irector HN E. CURTIS
of Parks and Public Works
Reviewed by: : ~_Assistant Town Manager own Attorney Clerk Administrator
r=Finance Community Development Revised: 4/4/06 2:09 pm
Reformatted: 5/30/02 NAB&DCOUNCIL REPORTSW,nnex-Mireval-03-Introduce.wpd
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: INTRODUCE MIREVAL ROAD NO. 3 ANNEXATION
April 6, 2006
DISCUSSION:
The Town has received a petition from Maureen Sturla (Attachment 2), owner of the property at the
End of Mireval Road, requesting annexation to the Town of Los Gatos. The property is located
adjacent to the southerly boundary of the Town, near Teresita and Ravinia Ways.
The property is in the Town's Urban Services Area, boundary, and is prezoned HR- 5 (hillside
residential, five (5) to forty (40) acres for each dwelling unit). 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 protest proceeding has been scheduled for May 1, 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 800.00 (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.
Attachments:
Resolution making determinations and approving the reorganization of territory designated "Mireval
Road No. 3" approximately 15.4 acres located at the End of Mireval Road (APN_ 532-25-027) -
(with Exhibits A and B).
A. Legal Description of Mireval Road No. 3 Annexation.
B. Plat to Accompany Legal Description.
NAME\COUNCIL REPORMAnnex-Mireval-03 Introducempd
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: INTRODUCE MIREVAL ROAD NO. 3 ANNEXATION
April 6, 2006
Distribution:
Maureen Sturla, 20170 Bonnie Brae Drive, Saratoga, CA 95070
Gary Stokes, P.O. Box 1680, Gilroy, CA 95021
Michael Lopez, Interim Planning Director; Environmental Resources Agency, V, Floor;
County Government Center, East Wing; 70 W. Hedding Street, San Jose, CA 95110
NAB&MCOUNCIL REPORMAnnex-Mireval-03 Introducempd
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
SETTING DATE FOR CONSIDERATION OF REORGANIZATION
OF UNINHABITED TERRITORY DESIGNATED
"MIREVAL ROAD NO. 3,"
PROPERTY LOCATED AT THE END OF MIREVAL ROAD;
APPROXIMATELY 15.4 ACRES (APN: 532-25-027)
WHEREAS, the Town Council of the Town of Los Gatos has received a request for
annexation of territory designated "Mireval Road No. 3" from Maureen Sturla; and
WHEREAS, the property, 15.4 acres, more or less, at the End of Mireval Road (APN: 532-
25-027) 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
HR-5 (hillside residential, five (5) to forty (40) acres for each dwelling unit); 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;
NAME\COUNCIL REPORMAnnex-Mireval-03 Introducempd
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
"Mireval Road No. 3" at their regular meeting of May 1, 2006.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 17' of
April 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&E\COUNCIL REPORTS\Annex-Mireval-03-Introduce.wpd 2
EXHIBIT "A"
ANNEXATION TO THE TOWN O LOSS G-ATOS
MIRE'VAL ROAD NO.3
All of that certain real property situate in a portion of Section 27, Township 8 South, Range 1
West, Mount Diablo Base and Meridian., in the Unincorporated Area of the County of Santa
Clara, State of California, described as follows:
BEGINNING at the common corner for Sections 22, 23, 26 and 27 in the aforementioned
Township 8 South, Range 1 West, Mount Diablo Base and Meridian; said point also being on
the boundary of the annexation to the Town of Los Gatos entitled Cypress No. 1;
Thence (1) S89'40'1 0"W 1074.62 feet, more or less, along the Northerly line of said Section 27
and said boundary, of the Town of Los Gatos to the point of intersection thereof with the
centerline of Cypress Ranch Road also known as Mireval Road (formerly known as Old
McBride Road)., said point being also the Northeasterly corner of that certain parcel of land
conveyed by Effie Walton to H. A. Bewley, by Deed dated August 21, 1953 and recorded
August 28, 1953 in Book 2711 of Official Records at.page 530, Santa Clara County Records;
Thence leaving said Town boundary and proceeding along said centerline, (2) S 61 °42' E
139.75 feet.,
Thence continuing along said centerline, (3) S 0°15' E 34.46 feet to an angle point in the
Northerly line of that certain parcel of land conveyed by Effie Walton to Sue E. Kinney by the
Deed recorded September 13, 1950 in Book 2053 of Official Records at page 75, Santa Clara
Records;
Thence leaving said centerline and proceeding along the Northerly line of said Kinney parcel,
(4) N 60°08' E 50.42 feet,
Thence leaving said Northerly line of Kinney parcel and proceeding along the Easterly line of
Kinney .parcel.; (5) S 2°35' E 677 feet, more or less., to the Southeasterly corner of said parcel
of land conveyed to Kinney and the Southerly line of that certain 27 acre tract conveyed by Earl
C. Popp et ux to Effie Walton by a Deed dated December 30., 1948 and recorded December
31, 1948 in Book 1726 of Official Records at page 336, Santa Clara County Records;
Thence (6) N89°40'10"E 630.00 feet, more or less, along the Southerly line of said 27 acre
tract to a point on the Northerly boundary of the annexation to the Town of Los Gatos entitled
Blackberry Hill Road #3;
Thence proceeding along the Northerly boundary of said annexation, (7) N89°40'10"E 221.85
feet more or less to a 1 '/z inch diameter.pi.pe in the boundary between said Sections 26 and 27
and said pipe also being on the boundary of the annexation to the Town of Los Gatos entitled
Kennedy Road #5.;
Exhibit A
Thence proceeding along said Section line and boundary of the Town of Los Gatos, (8)
N01 055'34"E 753.63 feet more or less to the POINT OF BEGINNING of this description.
Containing 15.4 acres more or less and being a portion of the Northeast Y4 of the
aforementioned Section 27.
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March 6, 2006 'j9 ~
J:\jobs\sturla\EXHIBIT B1.doc
PLAT TO ACCOMPANY EXHIBIT A
FOR ANNEXATION ENTITLED
MIREVAL ROAD NO. 3
No, 20597
civic
CYPRESS WAY NO. 1
S61 °42'00"E ANNEXATION
139.75'
CENTERLINE OF
TWELVE OAKS ROAD
NO.1 ANNEXATION
34.46' M~ E
30.0'-
N60°08'00"E
50.42'
0
T
SCALE: 1 "=300'
LEND
TERESITA WAY
RAVINIA WA
EVAL WAY
SITE
'-BLACKBERRY HILL RD.
VICINITY MAP
CYPRESS RANCH ROAD P.O.B., COMMON CORNER
ALSO KNOWN AS MIREVAL FOR SECTIONS 22, 23, 26 AND
ROAD (FORMERLY KNOWN AS 27, T 8 S, R 1 W M.D.B.&M.
OLD MC BRIDE ROAD)
S89°40'10"W 1074.62±/
/,1.5.4 . ACRES ~LO
/APN 532-25-®27/t--
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0 0 L0
m
/N89°40'10"E 851.85E
630.00'± 1221.85''
BLACKBERRY HILL RD.
NO. 3 ANNEXATION
AREA OF PROPOSED
ANNEXATION
BOUNDARY LINE OF
PROPOSED ANNEXATION
EXISTING TOWN LIMITS
LINE
23
26
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I EXHIBIT B I
PROPOSED ANNEXATION
TO TOWN OF LOS GATOS
ENTITLED MIREVAL ROAD NO. 3
DATE: OCTOBER 19, 2005 1 SCALE: 1" = 300' _
BY: C.A.D. Exhibit B
KENNEDY ROAD