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01 Staff Report - 16622 Topping Waytvj N of MEETING DATE: 10/2106 ITEM NO: ~s lps=°AOS COUNCIL AGENDA REPORT DATE: SEPTEMBER 20, 2006 TO: MAYOR AND TOWN COUNCIL FROM: DEBRA J. FIGONE, TOWN MANAGER SUBJECT: ADOPT RESOLUTION SETTING DATE (OCTOB R 16, 2006) FOR CONSIDERATION OF REORGANIZATION OF UNINHABITED AREA DESIGNATED "TOPPING WAY NO. 4", APPROXIMATELY 0.633 ACRES LOCATED AT 16622 TOPPING WAY (APN: 532-09-021) RECOMMENDATION: Adopt resolution (Attachment 1) setting date for consideration of reorganization of uninhabited area designated "Topping Way No. 4", approximately 0.633 acres located at 16622 Topping Way (APN: 532-09-021). 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 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. PREPARED BY J i i'- (L O N E. CURTIS irector of Parks and Public Works NAB&E\COUNCIL REPORTS\Annex-Topping 4 Introduce.doc Reviewed by:~ _Assistant Town Manager Town Attorney Clerk Administrator -L_:-,Finance Community Development r PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: ADOPT RESOLUTION SETTING DATE (OCTOBER 16, 2006) FOR CONSIDERATION OF REORGANIZATION OF UNINHABITED AREA DESIGNATED "TOPPING WAY NO. 4", APPROXIMATELY 0.633 ACRES LOCATED AT 16622 TOPPING WAY (APN: 532-09-021) SEPTEMBER 20, 2006 Dl.( ('I T.C.CICW- The Town has received a petition from Topping Way, L.P. (Attachment 2), owners of the property at 16622 Topping Way, requesting annexation to the Town of Los Gatos. The property is located in Englewood Avenue area, one of the unincorporated "island" of the County. In addition to the lot proposed for annexation, the Town will also be acquiring approximately 288 linear feet of Topping Way, 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 responded and have waived their right to a protest proceeding (Attachments 3 & 4). The protest proceeding has been scheduled for October 16, 2006. ONCLUSION: Staff recommends that the Council accept the staff recommendations noted above. ENVIRONMENTAL ASSESSMENT: Annexation of the subject property is exempt for the California Environmental Quality Act guidelines, pursuant to Section 15061(b)(3). CAL 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) Santa Clara County Assessor's Review Fee 55.00 (paid) LAFCO Processing Fee 670.00 (paid) State Board of Equalization Fee 300.00 (paid) PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: ADOPT RESOLUTION SETTING DATE (OCTOBER 16, 2006) FOR CONSIDERATION OF REORGANIZATION OF UNINHABITED AREA DESIGNATED "TOPPING WAY NO. 4", APPROXIMATELY 0.633 ACRES LOCATED AT 16622 TOPPING WAY (APN: 532-09-021) SEPTEMBER 20, 2006 The petitioner has paid the Town an Annexation Fee of $2,400.00, a Computer Service Fee of $96.00, and a Microfiching Fee of $30.00. 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 "Topping Way No. 4" approximately 0.633 acres located at 16622 Topping Way (APN: 532-09-021) - (with Exhibits A and B). A. Legal Description of Topping Way No. 4 Annexation. B. Plat to Accompany Legal Description. 2. Petition for Annexation 3. Waiver of Protest Proceeding - Santa Clara County 4. Waiver of Protest Proceeding - Santa Clara County Library Service Area Distribution: Topping Way, L.P., 1975 El Camino Real West, Suite 202, Mountain View, CA 94040 Stanley F. Nielson, Nielson Architects, Inc., 2540 Camino Diablo, Suite 201, Walnut Creek, CA 94597 Michael Lopez, Interim Planning Director; Environmental Resources Agency, 7th Floor; County Government Center, East Wing; 70 W. Hedding Street, San Jose, CA 95110 RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF UNINHABITED TERRITORY DESIGNATED "TOPPING WAY NO. 4," PROPERTY LOCATED AT 16622 TOPPING WAY; APPROXIMATELY 0.633 ACRES (APN: 532-09-021) WHEREAS, the Town Council of the Town of Los Gatos has received a request for annexation of territory designated "Topping Way No. 4" from Topping Way, L.P.; and WHEREAS, the property, 0.633 acres, more or less, at 16622 Topping Way (APN: 532- 09-021) is contiguous to the Town of Los Gatos and is within its urban service area; and WHEREAS, the following special district 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 description and map (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 street annexation policies; and WHEREAS, as provided in Government Code Section 56757, the Town Council 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; ATTACHMENT 1 NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Los Gatos hereby initiates annexation proceedings and will consider annexation of the territory designated as "Topping Way No. 4" at their regular meeting of October 16, 2006. PASSED AND ADOPTED at a regular meeting of the Town Council held on the 2°d of October 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 EXHIBIT "A" PROPOSED ANNEXATION TO THE TOWN OF LOS GATOS ENTITLED: "TOPPING WAY No. 4" Date: August 21, 2006 All that real property situated in the County of Santa Clara, State of California, being a portion of Section 22, Township 8 South, Range 1 West, and more particularly described as follows: BEGINNING at the northeasterly end of the curve on Lot 55, as shown on that certain Map entitled "'Tract No. 328, Kenwood Acres", which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, in Book 10 of Maps at page 56, said point being on the southerly line of Topping Way, as shown on said Map, and being the southeasterly corner of that certain annexation to the Town of Los Gatos entitled "Topping No. 3"; 1) Thence along the northerly line of said Lot 55 and the northerly line of said Lots 56 and 57, and the southerly line of Topping Way South 77°51'45" East, 213.15 feet to the northwesterly corner of Lot 58 of said Tract No. 328, Kenwood Acres; 2) Thence along the westerly line of said Lot 58 South 12°08'15" West, 137.00 feet to the southwesterly corner of said Lot 58; 3) Thence along the southerly line of said Lot 58 South 77°51'45" East, 75.00 feet to the southeasterly corner of said Lot 58; 4) Thence along the easterly line of said Lot 58 North 12'08'15" East, 137.00 feet to the northeasterly corner of said Lot 58 and the southerly line of Topping Way; 5) Thence North 12°08' 15" East, 60.00 feet to the northerly line of Topping Way; 6) Thence along said northerly line of Topping Way North 77°51'45" West, 288.15 feet to the northeasterly corner of said annexation "Topping Way No. 3"; 7) Thence along the easterly line of said annexation "Topping Way No. 3" South 12°08' 15" West, 60.00 feet to the POINT OF BEGINNING. Said parcel of land containing 27,564 square feet or 0.633 acres, more or less. End of description Prepared By: Alberto Gomez-Masso RCE 20442 Registration Expires: 03-31-08 Date signed: F_,Zz_C?C ~s=tA - ~a3 °08 , 12, R ~ try '4 Qi~~' N EXHIBIT A U") C) w w N- z ,`n° o 0 1 0 I O Q0 J o w O C) = Z F- X rY w w °I o 00'09 `r' ~ O Z E Z O of Q Lr) cr) p Ln or., a W ° r z z o w a cN ~ o z' 0 o w Z o rn I a_ Lj LLJ ::D r= 0 0 rn L1nJ o° a x o W O O f I V _J w V) w w Q ^ N W ry O O CD ~ J n I oo OS 00'09 ® 0T L 3„S L,90.Z LN N CY, O z rl-) N O w z n O CD in U) p co " o o O I O n o n Q ( ti in of ` o Ln C O of ° M C) O 00'L~ l M„51,20.Z LS Ln _ Elf ° o L z O U7 O O r- CY) Cf) O Q N o o o O W N CN V M m C7 w ( p p Q O `n ~ o Z (n N M I 00 CN LO o b rl) O w it F C) F- Ln m Z O O = O z ~ r- 00 o 0) 1 lp N o = O_ ¢ I X re W I W 0 F- ¢ v- z -o v ~ J ~ U ~ n C in rri l I O V) Z n r, CN n a N Q W Q o :n Ln ~r Q W c7 Q r` W z C 0 `r O V) 0) Lr) Q v o N CO N CL gp cfl n C14 oo O N V9~~ © 00'09 O 4 U-) o 0 c I v M„S1,80.ZLS ~ Z ~~t I Z O o ~ n 1 cv o~ ! - 0 rn R_ 6 C,4 oh o ,t I C) z t ol ° ,p doh C O O LO Q7 - o - Cs ° QJ o ~ c ii II Ora- _ \\r Il ~Y 11 11 O a ~Q I o L O O I O" tJ , Ii ~ p \ O C) O dpi 0 J I \ ~ O O N CN, LO N O CD d Ln l1 1/ 1J ~ OI n O . O ~ p Q !N v COI o~ . I C) a Lo z p 0 z O J Z Z ff) 3/Ib oa rn % Q o a0oM3j N3 0 oI x o H' n rni z c~ ° I } Q Ln N EXHIBIT B o U _ ° i V Q F- o478 sol W E) Sod Y 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-Hertzberg Local Government Reorganization Act of 2000). 2. The proposed annexation is designated as: (To be completed by Town Staff) D :pp%nCJ W oc"/ /U0. 0 4 and consists of IliI Annexation to the Town of Los Gatos of 6). & 33 acres on the (N/6-/W) side of :!--o c'~ t Y1 a W pny 11 (street name) between n t3 /e, w o o cl A u- (street name) and JA i low ?0 a (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) eK 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: 66TAIAI 7. It is desired that the proposed annexation be made subject to the following terms and conditions: A6AI,,e' ATTACHMENT 2 N:\B&E W NNEXATIONS\1-FORMS\2-Pettion.wpd REV.: 5/21/03 8. The person(s) signing this petition has/have signed as (check one): owner(s) of land within the affected territory. registered voter(s) within the affected territory. 9. The undersigned proponents( )do/( )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 ASSESSOR'S below signature) MAILING ADDRESS PARCEL NO. 00, - ~ ~ - - - - - ! _ r--- t DATE: Phone: H AJi?-7)11-p r W I DATE: DATE: Phone: H - W - Phone: H - W - For additional signatures, use Supplemental Petition. WHEN COMPLETE RETURN TO: TOWN OF LOS GATOS PARKS & PUBLIC WORKS DEPARTMENT 41 MILES AVENUE LOS GATOS, CALIFORNIA 95030 PHONE: (408) 399-5771 NAMEANNEXATIONS\1-F0RMS\2-Peb ion.wpd REV.: 52V03 CONSENT TO WAIVE PROTEST PROCEEDINGS This form must be completed by agencies losing or gaining territory if they desire that protest proceedings be waived. DESIGNATED TITLE OF PROPOSAL: Topping Way No. 4 Brief Description of Proposal: This proposal is to annex a single parcel of residential property to the Town of Los Gatos. It is adjacent to the Town boundary, within the Town's Urban Service Area Boundary, not under the Williamson Act, does not create "islands", conforms to lines of assessment and has less than 12 registered voters. Address: 16622 Topping Way, Los Gatos, CA 95032 Assessor's Parcel Number: 532-09-021 The County of Santa Clara, losing territory as a result of this proposal does hereby consent to the waiver of protest proceedings in accordance with Government Code Section 56663 ( c) & (d). i Signature o Auth epresentative Title of Representative 6 K/ r J /Z- Dat In the case of inhabited (12 of more registered voters) or uninhabited city or district annexations or detachments or both, § 56663 & (d) of Government Code allows for waiver of protest proceedings if..- Uninhabited area [§566639)] Area with less than 12 registered voters Inhabited area [§56663(d)] Area with 12 or more registered voters All owners of land within affected area consent to Town provided written notice (of project and Town's annexation intent to not hold a protest proceeding) to all property owners and registered voters and if no written opposition is received from them prior to conclusion of meeting All affected agencies that gain or lose territory give All affected agencies that gain or lase territory give written consent to waiver of protest proceedings written consent to waiver of protest proceedings If at the public hearing there is opposition expressed regarding the protest proceedings, then protest proceeding will be required. Enclosures: Detailed Map and Description of proposal M: B&E\ANNEXATIONS\Topping Way-04\Waiver Form-SSC.wpd I r~ SEP 2006 ATTACHMENT 3 PM l-, 5/27/03 FM i CONSENT TO WAIVE PROTEST PROCEEDINGS This form must be completed by agencies losing or gaining territory if they desire that protest proceedings be waived. DESIGNATED TITLE OF PROPOSAL: Topping Way No. 4 Brief Description of Proposal: This proposal is to annex a single " acre parcel of residential property to the Town of Los Gatos. It is adjacent to the Town boundary, within the Town's Urban Service Area Boundary, not under the Williamson Act, does not create "islands", conforms to lines of assessment and has less than 12 registered voters. Address: 16622 Topping Way, Los Gatos, CA 95032 Assessor's Parcel Number: 532-09-021 The Santa Clara County Library Service Area, losing territory as a. result of this proposal does hereby consent to the waiver of protest proceedings in accordance with Government Code Section 56663 ( c) & (d). Signature of Authorized Representative Date iJ rplr /V , ' t c s /"P~ G2 / r Title of Representative In the case of inhabited (12 of rnor-e registered voters) or uninhabited city or district annexations or detachments or both, § 56663 (D) & (d) of Government Code allows for waiver of protest proceedings if Uninhabited area [§566630)) Area with less than 12 registered voters Inhabited area [§56663(d)] Area with 12 or more registered voters All owners of land within affected area consent to Town provided written notice (of project and Town's annexation intent to not hold a protest proceeding) to all property owners and registered voters and if no written opposition is received from. them prior to conclusion of meeting - - All affected agencies that gain or lose territory give All affected agencies that gain or lose territory give written consent to waiver of protest proceedings written consent to waiver of protest proceedings If at the public hearing there is opposition expressed regarding the p protest proceedings, then protest proceeding will be required. Enclosures: Detailed Map and Description of proposal WMEANNEXATIOWTopping Way-04\Waiver Form-Libr.wpd rrAo AcLEI s~zZtcnt ~r . 1 v Ua SEP ' v I % ~ • 'lj J I TOY ATTACHMENT 4 ?ARKS AN I