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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. 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