03 Staff Report - 16346 Robie Lane~owN o,MEETING DATE:4/16/07
ITEM NO:
-3
cos ca s COUNCIL AGENDA REPORT
DATE: April 3, 2007
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGER !
SUBJECT: ADOPT RESOLUTION SETTING DATE (MAY 7, 2007) FOR
CONSIDERATION OF REORGANIZATION OF UNINHABITED AREA
DESIGNATED "ROBIE LANE NO. 4", APPROXIMATELY 1.72 ACRES
LOCATED AT 16310, 16322, 16334 AND 16346 ROBIE LANE (APN: 532-06-
031, 030, 029 AND 028)
RECOMMENDATION:
Adopt resolution (Attachment 1) setting date for (May 7, 2007) consideration of reorganization
of uninhabited area designated "Robie Lane No. 4", approximately 1.72 acres located at 16310,
16322, 16334 and 16346 Robie Lane (APN: 532-06-031, 030, 029 and 028).
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: KEVIN ROHANI
Interim Director of Parks and Public Works
NAB&E\COUNCIL REPORTMAnnex-Robie4 Introduce.doc
Reviewed by. Assistant Town Manager ' _Town Attorney
Clerk Administrator 4" Finance Community Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ROBIE LANE NO.4 ANNEXATION
APRIL 3, 2007
DISCUSSION:
The Town has received a petition from Kenneth Hoffman, Chief Petitioner (Attachment 2) and
owner of the property at 16322 Robie Lane, requesting annexation of his property and three
adjacent properties to the Town of Los Gatos. The property is located in the Robie Lane area,
one of the unincorporated "islands" in the County.
In addition to the three lots proposed for annexation, the Town will also be acquiring
approximately 517 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. The protest proceeding has been scheduled for May 7, 2007.
The section of Robie Lane along this property does not have curb and gutter. If the project
applicant constructs curb and gutter along their frontage at this time, it will be an isolated section
with no connection to existing curbs and gutters. Staff has worked with the project applicant and
he has agreed to participate in any future Town project to construct curb and gutter on this street
and to pay for the cost of curb and gutter along their frontage. A formal agreement will be
completed between the Town and the project applicant on this matter.
CONCLUSION:
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).
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)
Santa Clara County Assessor's Review Fee 55.00 (paid)
LAFCO Processing Fee 959.00 (paid)
State Board of Equalization Fee 350.00 (paid)
9;
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: ROBIE LANE NO. 4 ANNEXATION
APRIL 3, 2007
The petitioner has paid the Town an Annexation Fee of $600.00, a Computer Service Fee of
$24.00, and a Microfiching Fee of $49.50.
Once the annexation is certified by the State Board of Equalization, the Town will receive
approximately nine point six percent (9.6%) of the property taxes.
Attachments:
1. Resolution making determinations and approving the reorganization of territory designated
"Robie Lane No. 4" approximately 1.72 acres located at 16310, 16322, 16334 and 16346
Robie Lane (APNs: 532-06-031, 030, 029 and 028) - (with Exhibits A and B).
a. Legal Description of Robie Lane No. 4 Annexation.
b. Plat to Accompany Legal Description.
2. Petition for Annexation
Tli ctri h> >ti nn
Kenneth Hoffman & Nicole Cushing, 16322 Robie Lane, Los Gatos, CA 95032
Deanna Destri & Mark Wander, 163 10 Robie Lane, Los Gatos, CA 95032
Farshad and Milodfar Niknam, 16334 Robie Lane, Los Gatos, CA 95032
Dorothy Gimelli, 16346 Robie Lane, Los Gatos, CA 95032
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
SETTING DATE FOR CONSIDERATION OF REORGANIZATION
OF UNINHABITED TERRITORY DESIGNATED
"ROBIE LANE NO. 4,"
PROPERTY LOCATED AT 16310, 16322, 16334 and 16346 Robie Lane;
APPROXIMATELY 1.72 ACRES (APN: 532-06-031, 030,029 and 028)
WHEREAS, the Town Council of the Town of Los Gatos has received a request for
annexation of territory designated "Robie Lane No. 4" from Kenneth L. Hoffman, Chief
Petitioner; and
WHEREAS, the property, 1.72 acres, more or less, at 16310, 16322, 16334 and 16346
Robie Lane (APN: 532-06-031, 030, 029 and 028) 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 "Robie Lane No. 4" at their regular meeting of May 7, 2007. Fees for frontage
improvements shall be deferred pursuant to an agreement with the applicant.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 16th
day of April 2007, 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
1 _ 5 u-.-
EXHIBIT
ANNEXATION TO THE TOWN OF LOS GATOS
R®EIE LANE # 4
(Revised 3-10-07)
All that certain real property, situate in the Unincorporated area of Santa Clara County,
California being a portion of the Rancho Rinconada de Los Gatos, more specifically Robie
Lane and all of Lots 1,2,3, and 4 as shown on the Map entitled "Tract No. 559" filed October
18, 1948 in Book 20 of Maps at page 34, at the Recorder's office of Santa Clara County,
described as follows:
BEGINNING at a point on the current Town of Los Gatos Boundary as established by and
being the most northerly corner of the Annexation entitled "Robie Lane No. 2" also being the
most easterly corner of the Annexation entitled "Northeast # 8";
Thence (1) northeasterly along the Town of Los Gatos boundary as established by said
Annexation "Northeasterly #8", North 20°43'30" East, 124.59 feet;
Thence (2) continuing along said Town of Los Gatos Boundary and said Annexation
"Northeasterly #8", North 78°43'00" West, 30.41 feet;
Thence (3) along the northwesterly line of Robie Lane being the current Town of Los Gatos
Boundary as established by the Annexation entitled "Robie Lane No. 1 and a portion of the
southeasterly line of the Annexation entitled "Shannon Road No. 15", North 20°43'30" East,
392.61 feet to a point on the current Boundary of the Town of Los Gatos also being the most
westerly corner of the Annexation entitled Shannon Road # 21;
Thence (4) continuing along line of the Town of Los Gatos as established by last said
Annexation "Shannon Road #21, southwesterly, also being the northeasterly line of Robie
Lane, South 78°43'00" East, 77.76 feet to the point of cusp of a curve concave to the south;
Thence (5) along the arc of said curve having a Radius of 20.00 the center of which bears
South 11 °17'00" West, through a central angle of 80°33'28", an arc distance of 28.12 feet;
Thence (6) along the southeasterly line of Robie Lane, South 20°42'00" West, 205.24 feet to
the most northerly corner of said Lot 1;
Thence (7) along the northeasterly line of Lot 1 South 69°16'30" East, 157.73 feet;
Thence (8) along the southeasterly line of said Lots 1,2,3 and 4, South 20°42'00" West,
300.00 feet to the northeasterly line of the current Town of Los Gatos boundary as
established by said Annexation "Robie Lane No. 2";
Thence (9) along said line and Town Boundary, North 69°16'30" West, 187.86 feet to the
POINT OF BEGINNING and containing 1.72 acres of land more or less.
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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)
OL Ye e' M 0 and consists of
Annexation to the Town of Los Gatos of ( . 7 Z t 0-r- Q es acres on the (N/S6W) side
of i y b t e ~ CL n e- (street name) b&vre-en
Fs~a } t l h CA, n A o c1 (Z 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)
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:
7. It is desired that the proposed annexation be made subject to the following terms and conditions:
4fo Cc; njP (7) 0.,J1
ATTACHMENT 3
N'B3EWnnexabons\1-FORM31Petition-wpd
REV.: 72/19;01
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.
DATE: t r ~e
1
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DATE:
DATE:
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For additional signatures, use Supplemental Petition.
WHEN COMPLETE RETURN TO:
TOWN OF LOS GATOS
PARKS & PUBLIC WORKS DEPARTMENT
P.O. BOX 949
LOS GATOS, CALIFORNIA 95031
PHONE: (408) 399-5771
WB&EV>nnexa tionsV1-FORMSVPet itlon.wpd
REV._ 12/19/01
W -
SUPPLEMENTAL PETITION
FOR THE ANNEXATION OF TERRITORY KNOWN AS
4-
TO THE TOWN OF LOS GATOS
SIGNATURES
OF PETITIONERS
(Please print name
below signature)
AILING ADDRESS
ASSESSOR'S
PARCEL NO.
Date:
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Form Revised: 8/11/2000
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