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11 Staff Report - 16666 Marchmont Drive1~S ~A~45. DATE: TO: FROM: SUBJECT: MEETING DATE: 12/17/07 ITEM NO. COUNCIL AGENDA REPORT December 10, 2007 MAYOR AND TOWN COUNCIL,,/ ~4 PAMELA JACOBS, INTERIM TOWN MANAGER ADOPT RESOLUTION MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED MARCHMONT DRIVE NO.2 CONTAINING APPROXIMATELY.28 ACRES LOCATED AT 16666 MARCHMONT DRIVE (APN: 532-08-006). FILE #AN07-143. RECOMMENDATION: Adopt a resolution making determinations and approving the reorganization of territory designated Marchmont Drive No. 2, containing approximately .28 acres located at 16666 Marchmont Drive (APN: 532-08-006). 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 is either contiguous to a Town boundary or within 300 feet of a Town maintained roadway if the use is intensified. Property owners may also initiate annexation independent of a development proposal, as is the case with this petition. 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 was initiated by the Town after the property owner filed an annexation petition. The Town is required to hold a protest proceeding even if the area proposed for annexation is uninhabited and all property owners have consented to the annexation. This annexation was introduced at the November 5, 2007 Town Council meeting. PREPARED BY: BUD N. LORTZ-~. Director of Community Development Reviewed by: Assistant Town Manager ''Town Attorney Clerk Administrator ~ , Finance t Community Development Revised: 12/10/07 4:08 PM Refonnatted: 5/30/02 N:\DEV\SUZANNE\COUNCIL\REPORTS\ANNEXATION\MARCHMONTN02-PH-TC2.DOC PAGE2 MAYOR AND TOWN COUNCIL SUBJECT: MARCHMONT DRIVE NO. 2; FILE #AN-07-143 December 10, 2007 DISCUSSION: The Town has received a petition from Anita Hunter (Attachment 2), owner of the property at 16666 Marchmont Drive, requesting annexation to the Town of Los Gatos. The property is located in an unincorporated island of the County. None of the roadway is included with the annexation. The property is within 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 Town services to be extended to the property and help fill an existing County island. Since this is a 100% consent, uninhabited annexation (less than twelve registered voters), a public hearing is not required. However, waiver of the protest (public hearing) must be received from agencies gaining or losing territory with this annexation. Waivers have been received from Santa Clara County Planning and County Library Service Area. ENVIRONMENTAL ASSESSMENT: Pursuant to Section 15061(b)(3) of the California Environmental Quality Act, annexation of the subject property is categorically exempt. No further environmental analysis is required. FISCAL IMPACT: The following fees are assessed by Santa Clara County, LAFCO and the State Board of Equalization, and are paid by the petitioner: Map, legal description and guideline checking fees $2,000.00 LAFCO processing fee $959.00 State Board of Equalization fee $300.00 The petitioner has also paid a $2,400.00 annexation fee to the Town. 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 as Marchmont Drive No. 2, approximately .28 acres located at 16666 Marchmont Drive, with Exhibits A & B. 2. Protest Waiver, Santa Clara County 3. Protest Waiver, Library Service Area Distribution: Anita Hunter, 14107 Taos Drive, Saratoga, CA 95070 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 MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED MARCHMONT DRIVE NO. 2 CONTAINING APPROXIMATELY.28 ACRES LOCATED AT 16666 MARCHMONT DRIVE (APN: 532-08-006) WHEREAS, a petition for the annexation of certain territory to the Town of Los Gatos and detachment of said territory from Santa Clara County Library Service Area, consisting of .28 acres on 16666 Marchmont Drive (APN: 532-08-006) has been filed by Anita Hunter; and WHEREAS, said territory is uninhabited and all owners of land included in the proposal consent to this annexation; and WHEREAS, Section 56757 of the California Government Code states that the Local Agency Formation Commission shall not review an annexation proposal to any City in Santa Clara County of unincorporated territory which is within the urban service area of the city in initiated by resolution of the legislative body and therefore the Town Council of the Town of Los Gatos is now the conduction authority of said 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; and WHEREAS, evidence was presented to the Town Council; NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los Gatos as follows: That it is the conducting authority pursuant to Section 56757 of the Government Code for the annexation of property designated Marchmont Drive No. 2 more particularly described in Exhibit A and B; 2. That the following finding are made by the Town Council of the Town of Los Gatos: a. That said territory is uninhabited and comprises approximately .28 acres. b. That the annexation is consistent with the orderly annexation of territory within the Town's urban service area and is consistent with the Town policy of annexing when required by the Town's agreement with the County of Santa Clara. ATTACHMENT I C. The project is exempt from CEQA under the provision of the California Administrative Code, Title 14, Section 15061(b)(3). d. The Town Council enacted an ordinance over 25 years ago to pre-zone these properties with a designation of R-1:8 (single family residential, 8,000 sq. ft. minimum lot size). C. That the territory is within the Town urban service area as adopted by the Local Agency Formation Commission of Santa Clara County. f. That the County Surveyor has determined the boundaries of the proposed annexation to be definite and certain, and in compliance with the Commission's street annexation policies. The County Surveyor has been reimbursed for the actual cost incurred by the County Surveyor in making this determination. g. That the proposed annexation does not create island or areas in which it would be difficult to provide municipal services. h. That the proposed annexation does not split lines of assessment or ownership. That the proposed annexation is consistent with the Town's General Plan. J. That the territory to be annexed is contiguous to existing Town limits. k. That the Town has complied with all conditions imposed by the Commission for inclusion of the territory in the Town's urban service area. 3. That Santa Clara County and the Santa Clara County Library Service Area, that will lose territory as a result of this reorganization, have consented in writing to a waiver of protest proceedings. 4. That all property owners and registered voters have been provided written notice of this proceeding and no opposition has been received. 5. That said annexation is hereby ordered without any further protest proceedings pursuant to Section 56663 (c/d) and is subject to no terms or conditions. BE IT FURTHER RESOLVED that upon completion of these reorganization proceedings the territory annexed will be detached from the Santa Clara County Library Service Area. BE IT FURTHER RESOLVED that upon completion of these reorganization proceedings the territory reorganized will be taxed on the regular County assessment roll, including taxes for existing bonded indebtedness. 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 :\DEV\RESOS\MarchmontNo2-Reso. doc MISSION ENGINEERS, INC. Responsive Reliable Results Since 1953 EXHIBIT "A" Revised 8-01-07 Planning Land Surveying Civil Engineering Construction Staking ANNEXATION TO THE TOWN OF LOS GATOS MARCHMONT DRIVE #2 All that certain real property, situate in the unincorporated area of Santa Clara County, State of California, being a portion of Section 22, Township 8 South, Range 1 West, Mount Diablo Meridian, more specifically being all of Lot 24 as shown on that certain Map entitled "Tract No. 328, Kenwood Acres" filed June 25, 1946 in Book 10 of Maps at Page 56, Santa Clara County Records, and being more particularly described as follows: BEGINNING at a point on the current Town of Los Gatos boundary as established by the Annexation entitled "Kennedy Road #1 "and lying thereon South 74° 21'45" East 32.36' from the Northwest corner thereof, said point being the Southwest corner of said Lot 24; Thence (1) along said Town of Los Gatos boundary, South 74° 21' 45" East, 95.19 feet to the Southeast corner of said Lot 24; Thence (2) leaving said boundary, along the East line of said lot 24, North 12° 08' 15"East, 134.58 feet, to the Northeast corner of said Lot 24; Thence (3) along the North line of said Lot 24, North 77° 51' 45" West, 30.41'; Thence (4) along a curve to the right having a Radius of 660.00 feet, through a Central Angle of 4° 31' 00", an Arc Distance of 52.03 feet; Thence (5) North 73° 20' 45" West, 10.28' to the Northwest corner of said Lot 24; Thence (6) along the West line of said Lot 24, South 13° 10' 15" West, 131.65 feet to the POINT OF BEGINNING and containing 0.285 acres of land more or less. End of description. Y ~~~'~Cg LAND s6~, ao Z 4' v'7 75 ,ti 355 Reed Street, Santa Clara, California 95050-3107 (408)727-8262 Fax (408)727-8285 missioneng@earthlink.net MARCHMONT DRIVE _ Q o M A R C H M 0 N T D R I V E m (60' WIDE) W SITE O ® U LITTLEFIELD LANE D=4* 31 ' 0 0' N73' N77.51'45'W LOCATION MAP i0 285'W R=660 0 0 A=52. 03 30.41 NOT TO SCALE N/E N/W COR L OT 2OR LOT 24 SITE TR, 328 TR, 328 LOT 24 TRACT NO, 328 W KENWOOD ACRES 10 M 56 W 12 APN 532-08-006 Co Q 0,2852 ACRES "Z © Scale 1" = 30' P.❑,B, PORTION OF SEC 22 S/W C❑R T 8 S R 1 W LOT 24 MOUNT DIABLO MERIDIAN TR, 328 S/E COR LOT 24 TR, 328 32.36 95.19 S74.21'45'E O S74.21'45'E EXISTING TOWN LIMITS LINE ❑F TOWN OF LOS GATOS PER ANNEXATION "KENNEDY RD, #1" N/W COR "KENNEDY RD# 1" ANNEXATION EXHIBIT " B " PROPOSED ANNEXATION TO THE TOWN OF LOS GAT❑S ENTITLED MARCHMONT DRIVE # 2 SCALE: 1 "=30" MM DATE REV_ 8-01-07 UVU~~~~O~ r 0~9 DW KA RESPONSIVE, RELIABLE RESULTS SINCE 1953 Reed St. Santa Clara, Calif 95050 (408) 727-8262 FAX: (408) 727-8285 RECEIVED CONSENT TO WAIVE PROTEST PROCEEDINGS OCT 12 20p TP OV~o OF &NgLWfh&ts GA This form must be completed by agencies losing or gaining territory if they PPq proceedings be waived. DESIGNATED TITLE OF PROPOSAL: Marchmont Drive No. 2 Brief Description of Proposal: This proposal is to annex a single parcel of residential property to the Town of Los Gatos. It is adjacent to the Town boundary, within the Town's Urban Service Area Boundary, not under the Williamson Act, does not create "islands", conforms to lines of assessment and has less than 12 registered voters. Address: 16666 Marchmont Drive, Los Gatos, CA 95032 Assessor's Parcel Number: 532-08-006 The County of Santa Clara, losing territory as a result of this proposal does hereby consent to the waiver of protest proceedings in accordance with Government Code Section 56663 (c) & (d). Signature of uthoriz d _ resentative Title of Represe ative ~1 A ate Date' In the case of inhabited (12 of more registered voters) or uninhabited city or district annexations or detachments or both, §56663 0) & (d) of Government Code allows for waiver ofprotest proceedings if.- Uninhabited area [§566639] Area with less than 12 registered voters Inhabited area [§56663(d)] Area with 12 or more registered voters All owners of land within affected area consent to Town provided written notice (of project and Town's annexation intent to not hold a protest proceeding) to all property owners and registered voters and if no written opposition is received from them prior to conclusion of meeting All affected agencies that gain or lose territory give All affected agencies that gain or lose territory give written consent to waiver ofprotest proceedings written consent to waiver ofprotest proceedings If at the public hearing there is opposition expressed regarding the proposal or Town Council ' intent to waive protest proceedings, then protest proceeding will be required. Enclosures: Detailed Map and Description of proposal N:\DE V\SUZANNE\ANNEXATION\SCC WA I VER\MARCHMONTNO2.DOC ATTACHMENT 2 CONSENT TO WAIVE PROTEST PROCEEDINGS This form must be completed by agencies losing or gaining territory if they desire tJ t oottesstt' proceedings be waived. DESIGNATED TITLE OF PROPOSAL: Marchmont Drive No. 2 SEP - 7 2007 TOWN OF LOS GATOS Brief Description of Proposal: PLANNING D1VISiON This proposal is to annex a single .28 acre parcel of residential property to the Town of Los Gatos. It is adjacent to the Town boundary, within the Town's Urban Service Area Boundary, not under the Williamson Act, does not create "islands", conforms to lines of assessment and has less than 12 registered voters. Address: 16666 Marchmont Drive, Los Gatos, CA 95032 Assessor's Parcel Number: 532-08-006 The Santa Clara County Library Service Area, losing territory as a result of this proposal does hereby consent to the waiver of protest proceedings in accordance with Government Code Section 56663 (c) & (d). Signature of Authorized Representative Date Administrative Services Manager III - In the case of inhabited (12 of more registered voters) or uninhabited city or district annexations or detachments or both, § 56663 g & (d) of Government Code allows for waiver ofprotest proceedings if- Uninhabited area [§56663(9] Area with less than 12 registered voters Inhabited area [§56663(d)] Area with 12 or more registered voters All owners of land within affected area consent to Town provided written notice (of project and Town's annexation intent to not hold a protest proceeding) to all property owners and registered voters and if no written opposition is received from them prior to conclusion of meeting All affected agencies that gain or lose territory give All affected agencies that gain or lose territory give written consent to waiver of protest proceedings written consent to waiver of protest proceedings If at the public hearing there is opposition expressed regarding the proposal or flown Council s intent to waive protest proceedings, then protest proceeding will be required. Enclosures: Detailed Map and Description of proposal N:\DEV\SUZANNE\ANNEXATION\LIBRARYWAIVER\MARCHMONN02-LW.DOC ATTACHMENT 3