10 Consent Item - 16683 Kennedy RoadyawN ~F MEETING DATE: 12/17/07
ITEM NO. CONSENT ITEM
COUNCIL AGENDA REPORT
DATE: December 6, 2007
TO: MAYOR AND TOWN COUNCIL
FROM: PAMELA JACOBS, INTERIM TOWN MANAGER d
SUBJECT: ADOPT RESOLUTION SETTING DATE FOR CONSIDERATION OF
REORGANIZATION OF AN UNINHABITED AREA DESIGNATED AS
KENNEDY ROAD NO. 16, APPROXIMATELY .62 ACRES LOCATED AT
16683 KENNEDY ROAD (APN: 532-08-057); FILE #AN07-142.
RECOMMENDATION:
Adopt resolution setting date for consideration of reorganization of uninhabited area designated
Kennedy Road No. 16, approximately .62 acres located at 16683 Kennedy Road (APN: 532-08-057)
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 pending
two lot subdivision.
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: Assistant Town Manager Town Attorney Clerk V Finance
Community Development Revised: 12/6/07 5:23 PM
Reformatted: 5/30/02
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: KENNEDY ROAD NO. 5; FILE #AN07-142.
December 6, 2007
DISCUSSION:
The Town has received a petition from Thomas Rollett, owner of the property at 16683 Kennedy
Road Drive, requesting annexation to the Town of Los Gatos. The property is located in an
unincorporated "island" of the County. The annexation includes a 20 foot wide right-of-way along
the property frontage that will be granted to the Town as part of the pending Tentative Map
application.
The property is in the Town's Urban Services Area, is contiguous to a Town boundary, and is pre-
zoned R1:8 (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 December 3, 2007.
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 (due)
State Board of Equalization Fee
$300.00 (due)
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 making determinations and approving the reorganization of territory designated
Kennedy Road No. 5, with Exhibits A& B.
Distribution:
Tom Rollett, 16683 Kennedy Road, Los Gatos, CA 95032
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
"KENNEDY ROAD NO. 16,"
PROPERTY LOCATED AT 16683 KENNEDY ROAD;
APPROXIMATELY 0.62 ACRES (APN: 532-08-057)
WHEREAS, the Town Council of the Town of Los Gatos has received a request for
annexation of territory designated "Kennedy Road No. 16" from Thomas Rollett; and
WHEREAS, the property, 0.62 acres, more or less, at 16683 Kennedy Road (APN: 532-08-
057) 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
R1:8 (single family residential, 8,000 square foot 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;
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 "Kennedy Road No. 16" at their regular meeting of January 22, 2008.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 171h 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:\DEV\SUZANNEWnnexation\Kennedy No. 16%KennedyNo16-Re o.doc
EXHIBIT "A"
ANNEXATION TO THE TOWN OF LOS GATOS
KENNEDY ROAD #16
Date: 16 May 2007
Revised: 18 June 2007
Situate in Rancho Rinconada de Los Gatos, County of Santa Clara, State of
California.
Being a portion of the lands conveyed from Thomas Raymond Rollett and Nancy
Louise Rollett, husband and wife, to Thomas Raymond Rollett and Nancy Louise
Rollett, Trustees of the Thomas Rollett and Nancy Rollett Revocable Trust, dated
May 11, 1999 by the Grant Deed recorded January 15, 2002 as Document No.
16057306, Official Records, 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 the northeastern corner of that certain annexation to the Town
entitled "Kennedy Road No. 15" adopted on February 22, 2005, being the
northwestern corner of said lands of Rollett;
Thence from said Point of Beginning:
(1) along said Town Boundary and the northwesterly boundary of said lands of
Rollett South 15° 33' West, 177.43 feet, a little more-or-less, to the
southeastern corner of said annexation entitled "Kennedy Road No. 15";
(2) thence continuing along said northwesterly boundary South 15° 33' West,
30 feet, a little more-or-less, to the southwestern corner of said lands of
Rollett and to the northeasterly line of Kennedy Road (a variable-width right-
or-way);
(3) thence along said northeasterly line of Kennedy road and the southwesterly
boundary of said lands of Rollett, South 74° 27' East, 130 feet, a little more-
or-less, to the southeastern corner of said lands of Rollett;
(4) thence along said southeasterly boundary North 15° 33' East, 207.43 feet, a
little more-or-less, to the northeastern corner of said lands of Rollett;
(5) thence along the northeasterly boundary or said lands of Rollett, a portion of
said northeasterly boundary also being the boundary of the Town of Los
Gatos established by that certain annexation entitled "Littlefield Lane No. 1",
North 74° 27' West 130 feet, a little more-or-less, to the Point of Beginning
and containing 0.619 acres, more-or-less.
kobf, 07103 K_WSOP( IC1:AWURU`•jajldescriplinns~071D3-R~,Ilcit Annexation R.cv I.doc
EXHIBIT "A"
ANNEXATION TO THE TOXIN OF LOS GATOS
KENNEDY ROAD #16
r
Curt G. Dunbar, PLS 5615
License Renewal Date 9/30/08
_IV G. Do 1\\\i,
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No. 5615
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