09 Staff Report - 15401 & 17689 Blackberry Hill RoadN dF
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DATE:
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FROM:
COUNCIL AGENDA REPORT
December 6, 2007
MAYOR AND TOWN COUNCIL
MEETING DATE: 12/17/07
ITEM NO. CCr
CONSENT ITEM /
PAMELA JACOBS, INTERIM TOWN MANAGER v
SUBJECT: ADOPT RESOLUTION SETTING DATE FOR CONSIDERATION OF
REORGANIZATION OF AN UNINHABITED AREA DESIGNATED AS
BLACKBERRY HILL ROAD NO. 5, APPROXIMATELY 1.98 ACRES
LOCATED AT 15401 & 17689 BLACKBERRY HILL ROAD (APNs: 532-25-
009 & 010); FILE #AN07-146.
RECOMMENDATION:
Adopt resolution setting date for consideration of reorganization of uninhabited area designated
Blackberry Hill Road No. 5, approximately 1.98 acres located at 15401 & 17689 Blackberry Hill
Road (APN: 532-25-009 & 010)
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 independent from any
development applications with the Town.
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 unifflzabited 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: Assistant Town Manager Town Attorney Clerk V'O Finance
Community Development Revised: 12,16/07 5:14 PM
Reformatted: 5/30/02
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: BLACKBERRY HILL ROAD NO. 5; FILE #AN07-146.
December 6, 2007
DISCUSSION:
The Town has received a petition from Gerry Parker, owner of the property at 15401 & 17689
Blackberry Hill Road, requesting annexation to the Town of Los Gatos. The property is located in an
unincorporated "island" of the County. No roadway is required to be included with this annexation.
The property is in the Town's Urban Services Area, is contiguous to a Town boundary, and is pre-
zoned HR-2'h (hillside residential). 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, 2007.
ENVIRONMENTAL ASSESSMENTS:
Amlexation 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 (due)
State Board of Equalization Fee
$350.00 (due)
The petitioner has paid an Annexation Fee to the Town of $1,200.00.
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
Blackberry Hill Road No. 5, approximately 1.98 acres located at 15401 & 17689 Blackberry
Hill Road, with Exhibits A& B.
Distribution:
Gerry Parker, 17689 Blackberry Hill Road, Los Gatos, CA 95030
Michael Lopez, Planning Manager; Environmental Resources Agency, 7th Floor; County
Government Center, East Wing; 70 W. Hedding Street, San Jose, CA 95110
RESOLUTION 2007 -
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
SETTING DATE FOR CONSIDERATION OF REORGANIZATION
OF UNINHABITED TERRITORY DESIGNATED
"BLACKBERRY HILL ROAD NO. 5,"
PROPERTY LOCATED AT 15401 & 17689 BLACKBERRY HILL ROAD;
APPROXIMATELY 1.98 ACRES (APN: 532-25-009 & 010)
WHEREAS, the Town Council of the Town of Los Gatos has received a request for
annexation of territory designated "Blackberry Hill Road No. 5" from Gerhard Parker; and
WHEREAS, the property, 1.98 acres, more or less, at 15401 & 17689 Blackberry Hill Road
(APN: 532-25-009 & 010) 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-2V2 (hillside residential); 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;
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 to the territory
designated as "Blackberry Hill Road No. 5" 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 ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:ADEV\SUZANNEvAmexatiowRackbeny ill-No 5\BlackberryHIllNoS-Re o.doc
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"EXHIBIT A"
July 20, 2007
Annexation to: The Town of Los Gatos
S
Name of Annexation: 6t-A-r-l,-SF(Z" -HELt- Al,
Date: q- 2-6 - G-7
LEGAL DESCRIPTION
PROPOSED ANNEXATION FOR
LANDS OF PARKER
15401 AND 17689 BLACKBERRY HILL ROAD
All of that real property situate in the County of Santa Clara, State of California, and
being all of Parcels 'A' and 'B' as shown on that Record of Survey filed in Book 140 of
Maps at Page 53, Santa Clara County Records and being a portion of the NE 1/4 of
Section 27, T8S, R1W, Mount Diablo Base & Meridian, more particularly described as
follows:
Commencing at the Southwestern most corner of Town of Los Gatos Annexation
"Mireval Road No. 2" and proceeding S 89131'30" E along the South line of said
annexation, 212.91 feet to the Northwest corner of that Record of Survey Map filed for
record in Book 140 of Maps at Page 53, Santa Clara County Records, last said corner
being the True Point of Beginning for this annexation; thence
1) S 89031'30" E 212.50 feet along last said South line
(said map shows S 89037'00" E)
2) S 2°00'00" W 387.83 feet
3) S 80°13'00" W 216.98 feet
4) N 2000'00" E 426.15 feet to the Point of Beginning,
containing 1.985 acres, more or less (gross)
END OF DESCRIPTION
E. 114~ If,
1.13 o er E. Dodg
No. 3295 Licensed Land Surveyor
Exp. t 3 #3295, State of California
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