08 Staff Report - 16357 East La ChiquitaZpW N p~c
!`os GA~oR~
DATE
TO:
FROM:
COUNCIL AGENDA REPORT
December 7, 2007
MAYOR AND TOWN COUNCIL
MEETING DATE: 12/17/07
ITEM NO.
CONSENT ITEM
PAMELA JACOBS, INTERIM TOWN MANAGER
SUBJECT: ADOPT RESOLUTION SETTING DATE FOR CONSIDERATION OF
REORGANIZATION OF AN UNINHABITED AREA DESIGNATED AS
EAST LA CHIQUITA AVENUE NO. 1, APPROXIMATELY .65 ACRES
LOCATED AT 16357 EAST LA CHIQUITA AVENUE (APN: 532-04-035);
FILE #AN07-145.
RECOMMENDATION:
Adopt resolution setting date for consideration of reorganization of uninhabited area designated East
La Chiquita Avenue No. 1, approximately .65 acres located at 16357 East La Chiquita Avenue
(APN: 532-04-035)
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 annexation in conjunction with a request to
demolish an existing single family residence and construct a new single family residence.
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 the Town 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: Bud N. Lortz, Director of Community Development
Reviewed by: A ssistant Town Manager
Community Development
Revised: 12/7/07 11:16 AM
Reformatted: 5/30/02
Town Attorney Clerk Finance
N:\DEWENNIFER S\LaChiquita16357\Annexation-TC.doc
f f.
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: EAST LA CHIQUITA AVENUE NO. I- FILE #AN07-145.
December 7, 2007
DISCUSSION:
The Town has received a petition from Marlene Gordon, the owner of the property at 16357 East La
Chiquita Avenue, requesting annexation to the Town of Los Gatos. The property is located in an
unincorporated "island" of the County.
In addition to the lot proposed for annexation, the Town will also be acquiring approximately 305
linear feet of East La Chiquita Avenue, in conformance with the Santa Clara County Road
Annexation Policy.
The property is in the Town's Urban Services Area, is contiguous to a Town boundary, and is pre-
zoned R-1: 8 (single family residential, 8,000 sq. ft. minimum lot size). Annexation will allow Town
services to be extended to the property and help fill an existing County "island."
Santa Clara County Planning and the County Library Service Area have consented to waive protest
proceedings. The protest proceeding has been scheduled for January 22, 2008.
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 (paid)
LAFCO Processing Fee
$959.00 (paid)
State Board of Equalization Fee
$300.00 (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 setting date for consideration of reorganization of uninhabited territory designated
East La Chiquita Avenue No. 1, approximately .65 acres located at 16357 East La Chiquita
Avenue, with Exhibits A & B.
PAGE3
MAYOR AND TOWN COUNCIL
SUBJECT: EAST LA CHIQUITA AVENUE NO. l; FILE #AN07-145.
December 7, 2007
Tai gtrihnti nn
Marlene Gordon, 16357 E. La Chiquita Avenue, Los Gatos, CA 95949
Michael Lopez, Planning Manager; Environmental Resources Agency, 7`h 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
"EAST LA CHIQUITA AVENUE NO. I,"
PROPERTY LOCATED AT 16357 EAST LA CHIQUITA AVENUE;
APPROXIMATELY 0.65 ACRES (APN: 532-04-035)
WHEREAS, the Town Council of the Town of Los Gatos has received a request for
annexation of territory designated "East La Chiquita Avenue No. 1" from Marlene Gordon; and
WHEREAS, the property, 0.65 acres, more or less, at 16357 East La Chiquita (APN: 532-
04-031) is within 300 feet to the Town of Los Gatos along a public street 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 Santa Clara County Lighting 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 R-1:8(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 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;
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 "East La Chiquita Avenue No. 1" at their regular meeting of January 22, 2008.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 17th of
December, 2007, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
EXHIBIT "A"
ANNEXATION TO THE TOWN OF LOS GATOS
EAST LA CHIQUITA AVENUE No. 1
Date: 15 August 2007
Situate in Rancho Rinconada de Los Gatos, County of Santa Clara, State of
California.
Being a portion of East La Chiquita Avenue along with all of the lands conveyed
from Marlene Gordon, Trustee of The Joseph R. Boyd Revocable Living Trust
dated 5/1/97, to Marlene Gordon, a married woman, as her sole and separate
property by the Trust Quitclaim Deed recorded April 16, 2007 as Document No.
19385923, Official Records, Santa Clara County Records, and being all of Lot 26
as shown on that certain map entitled "Tract No. 583, Thomas Gion Homesites",
as said map is filed in Book 20 at Page 46, Santa Clara County Records, and
being more particularly described as follows:
Beginning at a point on the existing Town Boundary of the Town of Los Gatos,
said point being at the intersection of the southwesterly boundary of that certain
annexation to the Town entitled "Shannon Road No. 22" adopted on February 21,
2006 with the southeasterly line of East La Chiquita Avenue, said point also
being on the northwesterly boundary of Lot 1 as shown on that certain map
entitled "Tract No. 619, Being a Part of Lot A of a Resubdivision of Lot 8 of the
M.S. Gardner Subdivision", as said map is filed in Book 24 of Maps at Page 17,
Santa Clara County Records;
Thence from said Point of Beginning:
(1) along said southeasterly line of East La Chiquita Avenue South 190 40'
West 304.71 feet;
(2) leaving said southeasterly line North 700 20' West 60.00 feet, a little more-
or-less, to the southeastern corner of Lot 26 as shown on said map of Tract
No. 583;
(3) thence along the southwesterly boundary of said Lot 26 North 70° 20' West
133.72 feet, a little more-or-less, to the southwestern corner of said Lot 26;
(4) thence along the northwesterly boundary of said Lot 26 North 190 40' East
75.00 feet, a little more-or-less, to the northwestern corner of said Lot 26;
(5) thence South 70° 20' East 133.72 feet, a little more-or-less, to the
northeastern corner of said Lot 26 and the northwesterly line of East La
Chiquita Avenue;
(6) thence along said northwesterly line North 190 40' East 229.71 feet, a little
more-or-less, to the southwestern corner of said annexation entitled
"Shannon Road No. 22";
Job# 07103 K:\MSOFFICE\WORD\jay\descriptions\07160 Gordon La Chiquita
Annexation.doc
EXHIBIT "A"
ANNEXATION TO THE TOWN OF LOS GATOS
EAST LA CHIQUITA AVENUE No. 1
(7) thence leaving said northwesterly line, South 70° 20' East 60.00 feet to the
True Point of Beginning and containing 0.65 acres, more-or-less.
C
r' l
7 J
Curt G. Dunbar, PLS 5615
License Renewal Date 9/30/08
G. D U,
VJ~ 9'A
No. 5615
Exp. y_ - c' ~'U3
1ob# 07103 K:\MSOFFICE\WORD\jay\descriptions\07160 Gordon La Chiquita
Annexation.doc
WAD ~H VARIES)
SHANNON ROAD _
M
Ln
O
I
F- ~QZ~
O
O O Q
M
N N
to
N
I
E-~a~
O I <0
O
N N
M
tn
0
mc
o v~ a
N J
Z to W (V
J0M NO
t Li
mzx
Li <
3z0°= D0v)
u- to x FO
0 0D pa
Z m Z F. 0
Z':<z<u,
M W a Z Iil O
Z J
Rt, m mZ~
w0a: a0
SOILVO Sol L40 NAOLL
(00,09)
"77111111711
(3,OZ.OLS)
O
N
m
d
a
W
O t\
/ of to
v
N
CI4 M
W
f!O wj :D
3
0 v z
~
Li °
c0 M
/rn a
~
> rn
Q
O
Z
v
n
cO
N
' v
(\I N
N M
LO
(ZL'TCL 3,OZ.OLS)
W
i
U
Q
c
V)
Q
O N
0
LO
N
J
0)
D
000
L'i
LO L
M=> (N :2d0
v
N
U)
O p
a O l a l
W
U a J O N
6) U J N
z O W
° (ZLTCL) (00'09)
(ZLT6t M,OZ.OLN)
CD
LO M
NJ- O
N
1 Z I
O Q
O N
N rn
as ~ J
z con
0
Q H o
>x Z
W U
iz 5 0 III
7 ~ (j
u
w
U y
3a
3
a
t
O
6
x
N
C
O c
(O 6
r~ O
O t0
O O O
z z
m0 3 w
J
O L~
N
M
O
1
~r
0
N W r~
M 4- O
N N
O
Z
a
a II
h
x V)
Z u
a
J W
U a
V) O O
V
in
z F-z O °
O Q w
p
Q Z V) LLI O
m w o a' W
i- z °
_m < C)
a
Z M C) A
X o°<z
W W w
0 O
a p H Z
N Z Of
w
00
o
\ ~n
o r~
~ r n I
~ N
w Q `r
F- Q
D cn U
< U O Z)
3 ~ v
z w
w >
cr~
z
ry V) V)
Q ° W
W
mQ X-
n J ~
Z
N D Q
O 0 O
z W
v
N
J
Q. O
Closure Computations for E La Chiquita No. 1
Pt. ID
Bearing
Distance
N
E
1
5000.000
5000.000
S 190 40'00" W
304.710
2
4713.065
4897.451
N 700 20'00" W
60.000
3
4733.258
4840.951
N 700 20'00" W
133.720
4
4778.261
4715.031
N 190 40'00" E
75.000
5
4848.886
4740.272
S 700 20'00" E
133.720
6
4803.883
4866.192
N 190 40'00" E
229.710
7
5020.193
4943.500
S 700 20'00" E
60.000
1
5000.000
5000.000
Error of closure = 0.000 0.000
Relative Error of Closure = 1 Part in Infinity
Area = ±28,312 Sq. Ft.
Job Number 07160 8/15/2007