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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. RT EXHIBIT A i a ~I zW Uz O a _ sO't ROAD rr~ CIO a W A O H U z O i O N h SI Now HS N78°x33'00'W ,77.76' p1ti ~ M o T w o z z ~ ~ h Q 1}i o. i# xz mgOx z o O W p Q o 0 W 0 F O C ~ w O zAF o a[s~ i- j n; 'a F a m ~ C7 MnI F °a v F4 W ~ W w En °a PP, 09 ° H a w E- E. W ° CQ ~ ° C ~ . z W (Yi z d W 0 W a ~ ~ N Fz r o U t C z F z t, M•'c aO O cv u_. Oti i t7 Q ~ m ~ ao y, ~ ~ O ~ z GOD OTC < 11 11 1 , 3 , ' a roc9d, oe o~aa ~ 0~ p N FF I 3 ~ z ~ M OI ~ W N H h h 6r f M IZ # ax xONVHs M 0 O N h R! N M O 1 O h 0 X z z a 0 m m a F o 0 z w ] X z z O a F G y ~ a ~I ~I 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 E DATE: DATE: 6 2 2 6/ ~ t c- Phone: H- W -Cf ~3Z- z-? i Z Phone: H - /JW - f c1 S"C Phone: H - 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: Phone: H - ` 5 ~N~W yz~/ f 1631 a~t Ccl t~ a - day zc5 Date: 2 - / d - `aZ3- W S"-ZGco Phone: H - (/110 76 1 8f &F- Date: Phone: H - 7Otf W - ~ Date: / Phone: H- W 4,1 f C_/ f`- f I / gV -~L~ t`✓ -.-.y(J Date: Phone: H - Date: i PW - N:\B& EW nn exations\1-FORMS\Petition-Sup.wpd Form Revised: 8/11/2000 I;:_