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07 Staff Report - 15401 & 17689 Blackberry Hill Road.~pW N OF !ps ~GA~pS DATE: TO: FROM: SUBJECT: COUNCIL AGENDA REPORT January 4, 2008 MAYOR AND TOWN COUNCIL MEETING DATE: 01/22/08 ITEM NO. ~p GREG LARSON, TOWN MANAGER ADOPT RESOLUTION MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED BLACKBERRY HILL ROAD NO. 5 CONTAINING APPROXIMATELY 1.98 ACRES LOCATED AT 15401 & 17689 BLACKBERRY HILL ROAD (APNS: 532-25- 009&010). FILE #AN07-146. RECOMMENDATION: Adopt a resolution making determinations and approving the reorganization of territory designated Blackberry Hill Road No. 5, containing approximately 1.98 acres located at 15401 & 17689 Blackberry Hill Road (APNs: 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 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 December 17, 2007 Town Council meeting. PREPARED BY: Bud N. Lortz, Director of Community Development Reviewed by: Assistant Town Manager Town Attorney Clerk LFinance Community Development Revised: 1/4/08 4:20 PM Reformatted: 5/30/02 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: BLACKBERRY HILL ROAD NO. 5; FILE #AN07-146. January 22, 2008 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. A portion of the Blackberry Hill right-of-way is included with the annexation. The property is within the Town's Urban Services Area boundary and is pre-zoned HR-2V2 (hillside residential). 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 $350.00 The petitioner has also paid a $1,200.00 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. Attachmerits* Resolution making determinations and approving the reorganization of territory designated as Blackberry Hill Road No. 5, approximately 1.98 acres located at 15401 & 17689, with Exhibits A & B. 2. Protest Waiver, Santa Clara County 3. Protest Waiver, Library Service Area Distribution: Gerry Parker, 17689 Blackberry Hill Road, Los Gatos, CA 95030 Michael Lopez, Planning Manager; Environmental Resources Agency, 7"' 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 BLACKBERRY HILL ROAD NO. 5 APPROXIMATELY 1.98 ACRES LOCATED AT 15401 & 17689 BLACKBERRY HILL ROAD (APNs: 532-25-009 & 010) 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 1.98 acres located at 15401 & 17689 Blackberry Hill Road (APNs 532-25-009 & 010) has been filed by Gerhard Parker; 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 as Blackberry Hill Road No. 5, 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 1.98 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 1 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 20 years ago pre-zoning the subject territory with an HR-2V2 (hillside residential) zoning designation. 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 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 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 January 22, 2008, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\DEV~SUZANNEWonexation\BlackberryHill-No5,Black beny illNo.5-ResoIdoc "EXHIBIT A" July 20, 2007 Annexation to: The Town of Los Gatos Name of Annexation: 3Lf-c<<c&F(Zgj1 -H1LL N, S Date: r? - 2-6 - o-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 '!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 2000'00" W 387.83 feet 3) S 80°13'00" W 216.98 feet 4) N 2°00'00" E 426.15 feet to the Point of Beginning, containing 1.985 acres, more or less (gross) LAND Q~ E. No. 3295 EXp END OF DESCRIPTION KoXer E. Dodg6 Licensed Land Surveyor #3295, State of California \\O~ CALF A 9 r o`,. t 1 ' o" sM F FRS r t k 3 LAP t a D B P, AL € pDrz'viod Or NE% SUl, 27, TBD t 1VJ M13Rd , (I(Z0 G a3LACKOEREY hAkEy. NO 1) RLAC,KuRky a 'ate r LocA DC J MAP b f?tlggg f f t t L LL ' 3 x t L Lo Lj 01 G s ?o 387983' i3e € 3'. 06°' 2 € r ' , - 42 .1 R P N N E X AT ` tccL~ ~ N~ Et,J €-rLF A"„fi 311! f~C1;:f$7 CALL 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: Blackberry Hill Road No. 5 Brief Description of Proposal: This proposal is to annex two parcels of residential property totaling 1.98 acres to the Town of Los Gatos. The property 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: 15401 & 17689 Blackberry Hill Road, Los Gatos, CA 95030 Assessor's Parcel Numbers: 532-25-009 & 010 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 0) & (d) of Government Code allows for waiver of protest proceedings if., Uninhabited area [§5666391 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 (ofproject 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's intent to waive protest proceedings, then protest proceeding will be required. A Enclosures: Detailed Map and Description of proposal 0 T U 2007 .TOWN Or LOS GATOS nIVISiON N:\DEVISUZANNE\ANNEXATION\LIBRARYWAIVER\BLACKBERRYHILLN05-LW.DOC ATTACHMENT 2 )oc Created: 5/27/03 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: Blackberry Hill Road No. 5 Brief Description of Proposal: This proposal is to annex two parcels of residential property totaling 1.98 acres to the Town of Los Gatos. The property 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: 15401 &17689 Blackberry Hill Road, Los Gatos, CA 95030 Assessor's Parcel Number: 532-25-009 & 010 The Countv 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). 7 Signature of Author ze epresentative Title of Representative Zo -1 Date In the case of inhabited (12 of more registered voters) or uninhabited city or- district annexations or- detachrnents or both, § 36663 & (d) of Government Code allows for waiver of protest proceedings if- Uninhabited area 1§56663191 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 i f 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 0 C + 2 2001 TC, pi : DES S! ZANlNEAV^JEaATIONSCC`,%AIVERBLACKBERRY1IILLV'05-SCCItDOC reate 27/0' ATTACHMENT 3