08 Staff Report - 16683 Kennedy Road.~oW N OF
~os..~cA~tos
DATE:
TO:
FROM:
MEETING DATE: 01/22/08
ITEM NO.
COUNCIL AGENDA REPORT
January 4, 2008
MAYOR AND TOWN COUNCIL
GREG CARSON, TOWN MANAGER
42
/Pt~
SUBJECT: ADOPT RESOLUTION MAKING DETERMINATIONS AND APPROVING
THE REORGANIZATION OF TERRITORY DESIGNATED KENNEDY
ROAD NO. 16 CONTAINING APPROXIMATELY.62 ACRES LOCATED AT
16683 KENNEDY ROAD (APN: 532-08-057). FILE #AN07-142.
RECOMMENDATION:
Adopt a resolution making determinations and approving the reorganization of territory designated
Kennedy Road No. 16, containing approximately. 2 8 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 is either contiguous to a Town
boundary or within 300 feet of a Town maintained roadway if the use is intensified. The annexation
is being requested in conjunction with a pending application for a 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 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.
DISCUSSION:
PREPARED BY: Bud N. Lortz, Director of Community Development
Reviewed by: Assistant Town Manager Town Attorney Clerk finance
~4Community Development Revised: 1/4/08 4:29 PM
Reformatted: 5/30/02
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: MARCHMONT DRIVE NO. 2; FILE #AN07-143.
November S, 2007
The Town has received a petition from Thomas Rollett, owner of the property at 16683 Kennedy
Road, requesting annexation to the Town of Los Gatos. The property is located in an unincorporated
island of the County. A portion of the property will be granted as public right-of-way in conjunction
with the subdivision application. The property is within the Town's Urban Services Area 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.
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
Kennedy Road No. 16, approximately .62 acres located at 16683 Kennedy Road, with
Exhibits A & B.
2. Protest Waiver, Santa Clara County
3. Protest Waiver, Library Service Area
Distribution:
Thomas Rollett, 16683 Kennedy Road, Los Gatos, CA 95032
Michael Lopez, Planning Manager; Environmental Resources Agency, 71h 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
KENNEDY ROAD NO. 16
APPROXIMATELY. 62 ACRES
LOCATED AT 16683 KENNEDY ROAD
(APN: 532-08-057)
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 .62
acres located at 16683 Kennedy Road (APN 532-08-057) has been filed by Thomas Rollett; 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:
1. That it is the conducting authority pursuant to Section 56757 of the Government Code for
the annexation of property designated as Kennedy Road No. 16, 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 .62 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 R1:8 (single family residential, 8,000 sq. ft. minimum lot size)
zoning designation.
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
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:' DE V. SUZANNE',.Annexation Kennedy No. 16',KennedyNo l6-Reso2.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 Thornas 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.
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- EXHIBIT "A„
ANNEXATION TO THE TOXIN OF LOS GATOS
KENNEDY ROAD #16
Curt G. Dunbar, PLS 5615
License Renewal Date 9/30/08
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CONSENT TO WAIVE PROTEST PROCEEDINGS
This form must be completed by agencies losing or gaining territory if they desire that pr6fest
proceedings be waived.
Q ji(;l
DESIGNATED TITLE OF PROPOSAL: Kennedy Road No. 16ly
Brief Description of Proposal:„,t ll`'
This proposal is to annex a single .62 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: 16683 Kennedy Road, Los Gatos, CA 95032
Assessor's Parcel Number: 532-08-057
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 ofprotest proceedings if
Uninhabited area [§566639]
Area with less than 12 registered voters
inhabited area 1'§56663(d)J
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 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 2
N:\DEV\SUZANNE\ANNEXATION\KENNEDY NO. 16\KENNEDYN016-LW.DOC Doc Created: 5/27103
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: Kennedy Road No. 16
Brief Description of Proposal:
This proposal is to annex a single .62 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: 16683 Kennedy Road, Los Gatos, (.A 95032
Assessor's Parcel Number: 532-08-057
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 Autho ' Representative
Title of Representative
/T`/Z6 7
Date
In the case of inhabited (12 of more registered voters) or uninhabited city or district annexations or detachments or
both, § 56663 & (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)1
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 ifno 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
►NOV 1 9 2007
T DA",
PLk
N:'\.DEViSUZANNE'\ANN EXATION,.KENNEDY NO. WKENNEDYNOI G-SCOW. DOC Doc Created: 5/27103
ATTACHMENT 3