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
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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,
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: DES S! ZANlNEAV^JEaATIONSCC`,%AIVERBLACKBERRY1IILLV'05-SCCItDOC reate 27/0'
ATTACHMENT 3