06 Consent Item - 16357 East La ChiquitatpW N OF
DATE:
TO:
FROM:
SUBJECT
COUNCIL AGENDA REPORT
January 14, 2008
MEETING DATE: 1/22/08
ITEM NO.
CONSENT ITEM
MAYOR AND TOWN COUNCIL
GREG LARSON, TOWN MANAGER
ADOPT RESOLUTION MAKING DETERMINATIONS AND APPROVING
THE REORGANIZATION OF TERRITORY DESIGNATED 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 making determinations and approving the reorganization of territory 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
annexation was introduced at the December 17, 2007 Town Council meeting.
PREPARED BY: bud N. Lortz, Director of Community Development
Reviewed by: PS)Assistant Town Manager Town Attorney Clerk ? finance
Community Development Revised: 1/14/08 4:04 PM
Reformatted: 5/30/02 N:\DEV\J ENN IFER S\"Chiquita1635Tadoption-Wreport_doe
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: EAST LA CHIQUITA AVENUE NO. 1; FILE #AN07-145.
January 14, 2008
DISCUSSION:
The Town has received a petition from Marlene Gordon (Attachment 2), 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 within 300 feet of a Town maintained road,
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."
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. Santa Clara County Planning and the
County Library Service Area have consented to waive protest proceedings (Attachments 3 & 4).
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 (p
aid)
LAFCO Processing Fee
$959.00
(paid)
State Board of Equalization Fee
$300.00
aid)
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.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: EAST LA CHIQUITA AVENUE NO. 1; FILE #AN07-145.
January 14, 2008
Attachments:
1. Resolution making determinations and approving the reorganization of territory designated East
La Chiquita Avenue No. 1, approximately .65 acres located at 16357 East La Chiquita Avenue,
with Exhibits A & B.
2. Petition for Annexation
3. Protest Waiver, Santa Clara County Planning
4. Protest Waiver, Library Service Area
Distribution:
Marlene Gordon, 16357 E. La Chiquita Avenue, Los Gatos, CA 95949
Michael Lopez, Planning Manager; Environmental Resources Agency, 7a, 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
EAST LA CHIQUITA AVENUE NO. I
APPROXLMATELY.65 ACRES
LOCATED AT 16357 EAST LA CHIQUITA AVENUE
(APN: 532-04-035)
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 .65 acres on 16357 East La Chiquita Avenue (APN: 532-04-035) has been
filed by Marlene Gordon; 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 Govermnent
Code for the annexation of property designated East La Chiquita Avenue No. I
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 .65 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
ATTACEMENT I
policy of annexing when required by the Town's agreement with the
County of Santa Clara.
C. The project is exempt from C.E.Q.A. 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).
e. 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 road annexation policies. The County Surveyor has been
reimbursed for the actual cost incurred by the Colony Surveyor in making
this detennination.
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.
I. That the proposed annexation is consistent with the Town's General Plan.
J. That the territory to be annexed is within 300 feet of 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 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
22nd of January, 2008, 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
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 191 40'
West 304.71 feet;
(2) leaving said southeasterly line North 70° 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 19° 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\dcscriptions\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.
J fI ~
Curt G. Dunbar, PLS 5615
License Renewal Date 9/30/08
5~0 G. DtJAj,
No. 5615
Jobft 07103 K:\MSOFFICE\WORD\jay\descriptions\07160 Gordon La Chiquita
Annexation.doc
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Closure Computations for E La Chiquita No. 1
Pt. ID
Bearing
Distance
N
E
1
5000.000
5000.000
S 19" 40'00" W
304.710
2
4713.065
4897.451
N 701120'00" W
60.000
3
4733.258
4840.951
N 700 20'00" W
133.720
4
4778.261
4715.031
N 19" 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 70" 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
PETITION
FOR THE ANNEXATION OF TERRITORY TO THE
TOWN OF LOS GATOS
The undersigned hereby petition the Town Council of the Town of Los Gatos for approval of a proposed
annexation, and stipulate as follows:
1. This proposal is made pursuant to Part 3, Division 3, Titre 5 of the California Government Code
(commencing with Section 56000, Cortese-Knox-Hertzberg Local Government Reorganization Act of
2000).
2. The proposed annexation is designated as: (To be completed by Town Staff)
E LA 04) a y )'L,4 ~ I and consists of
Annexation to the Town of Los Gatos of acres on the (N/S/E/(& side
of C , 1A Ltb- a I E4 (street name) between 5 l fl n 2
(street name) and L--) . L,4 C huh to )1'4 (street name).
3. A metes and bounds description of the exterior boundaries of the territory included in the proposal,
marked "Exhibit,'A"', and a map of said territory, marked "Exhibit 'B"', are attached to this petition and
by this reference incorporated herein.
4. The territory to be annexed is
inhabited (12 or more registered voters)
uninhabited (less than 12 registered voters).
5. This proposal is consistent with the Sphere of Influence of the Town of Los Gatos.
6. The reason(s) for the proposed annexation is/are:
f~l0(-t -1-1 C) I-J o P y ( ~ '-11 1,J0 ,5rTLk,h,CT-L1P-E /-Ij t-r)
Ki {~`vv' Esc i ~ i' ti~
7. It is desired that the proposed annexation be made subject to the following terms and conditions:
N:\B&EWNNEXATI0NS\1-F0RMS\2-Pe6tion.wpd
REV.: 521/03 ATTACHMENT
8. The person(s) signing this petition has/have signed as (check one):
r" owner(s) of land within the affected territory.
registered voter(s) within the affected territory.
9. The undersigned proponents ( vldo/( )do not (check one) own 100 percent of the territory proposed
for annexation.
Wherefore, petitioner(s) request(s) that be taken in accordance with the provisions of Section 56000 et seq.
of the Government Code, and herewith affix signature(s) as follows:
SIGNATURES
OF PETITIONERS
(Please print name
ASSESSOR'S
below signature)
MAILING ADDRESS
PARCEL NO.
~f ILCy6~ ~c ~ rv
J b 3S7 6-, CA 6*4 l &-U i TTV
S- 2-- c,4 - C)3 `5
Cf, ~~U?a
DATE: 7)'27) c,I
Phone: -CGS q0'- G4-0 -S+Ief W
- -'S7CO y:5i~_
G ~J t1 /
3
DATE: ! o 7
Phone: I ~J " t S W
s_ ~
DATE:
Phone: H - W
-
For additional signatures, use Supplemental Petition.
WHEN COMPLETE RETURN TO:
TOWN OF LOS GATOS
PARKS & PUBLIC WORKS DEPARTMENT
41 MILES AVENUE
LOS GATOS, CALIFORNIA 95030
PHONE: (408) 399-5771
N:\B& PANN EXATIO NS\1-FORM S\2-Pebtion.wpd
REV.: 521/03
CONSENT TO WAIVE PROTEST PROCEEDINGS
This form must be completed by agencies losing or gaining territory if they desire that protest
proceedings be waived.
DESIGNATED TITLE OF PROPOSAL: East La Chiquita Avenue No. 1
Brief Description of Proposal:
This proposal is to annex a single 0.65 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: 16357 East La Chiquita Avenue, Los Gatos, CA 95032
Assessor's Parcel Number: 532-04-035
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 Govenunent Code Section 56663 (c) & (d).
f'
Signature of Authorized sentative
Title of Repres6ntative
910 7
Date
In the case of inhabited (12 of more registered voters) or uninhabited city or district annexations or detachments or
both, § 56663 (c) & (d) of Goverment Code allows for- waiver of protest proceedings if.
Uninhabited area [§56663(c)]
Area with less than 12 registered voters
Inhabited area [§56663(d)]
Area with 12 or more registered voters
All ov~ners of land witlrfn affected area conseni 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 Town Council s intent to waive protest
proceedings, then protest proceeding will be required.
Enclosures: Detailed Map and Description of proposal
MDEVJENNIFER SVLACHIQUITAI635TANNEXATIONSCCWAIVERDOC ATTACHMENT 3
CONSENT TO WAIVE PROTEST PROCEEDINGS w':•_sii007
This fonn must be completed by agencies losing or gaining territory if they de's&c'thdt protcst::,P~ r OS
proceedings be waived. VI"S1 N
DESIGNATED TITLE OF PROPOSAL: East La Chiquita Avenue No. 1
Brief Description of Proposal:
This proposal is to annex a single 0.65 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: 16357 East La Chiquita Avenue, Los Gatos, CA 95032
Assessor's Parcel Number: 532-04-035
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).
~ mac. Signature /of Authorized Representative
Administrative Services Manager III
Date
In the case of inhabited (12 of more registered voters) or uninhabited city or district annexations or detachments or
both, § 56663 (c) & (d) of Government Code allows for waiver of protest proceedings if
Uninhabited area [§56663(c)]
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 Town Council's intent to waive
protest proceedings, then protest proceeding will be required.
Enclosures: Detailed Map and Description of proposal
ATTACHMENT 4
N:\DE~~JENNIFER SiLACHIQUITA16357\ANNEXATIONLIBRARYWAIVER.DOC