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04 Staff Report - 16010 Stephanie Lanet4~N QF MEETING DATE: 02/19/08 ITEM NO. COUNCIL AGENDA REPORT DATE: February 1, 2008 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER SUBJECT: ADOPT RESOLUTION MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED STEPHENIE LANE NO. 3 CONTAINING APPROXIMATELY. 3 3 ACRES LOCATED AT 16010 STEPHENIE LANE (APN: 523-25-031). FILE #AN07-144. RECOMMENDATION: Adopt a resolution making determinations and approving the reorganization of territory designated Stephenie Lane No. 3, containing approximately .33 acres located at 16010 Stephenie Lane (APN: 523-25-031). 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 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 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: W d N. Lortz , Director of Community Development Reviewed by: 2Assistant Town Manager Town Attorney Clerk 'Finance Community Development Revised: 2!1/08 9:53 AM Reformatted: 5/30/02 N:\DEViS UZANN E\Council\Reports\Annexation\StepehnieNo.3-PP. doc PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: STEPHENIE LANE NO. 3; FILE #AN07-144. February 13, 2008 DISCUSSION: The Town has received a petition from Osama & Cindy Nijmeh, owners of the property at 16010 Stephenie Lane (also addressed as 15997 Blossom 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 property will be granted as public right-of-way in conjunction with the pending Architecture & Site 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 exisring 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 checkin , 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 Stephenie Lane No. 3, with Exhibits A & B. Protest Waiver, Santa Clara County Protest Waiver, Library Service Area Distribution: Cindy Nijmeh, 1017 Curtner Avenue, San Jose, CA 95125 Michael Lopez, Planning Manager; Environmental Resources Agency, 7th Floor; County Government Center, East Wing; 70 W. Hedding Street, San Jose, CA 95 .10 RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED STEPHENIE LANE NO. 3 APPROXIMATELY.33 ACRES LOCATED AT 16010 STEPHENIE LANE (APN: 523-25-031) 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 .33 acres on the northeast corner of Stephenie Lane & Blossom Hill Road (APN 523-25-031) has been filed by Osama & Cindy Nijmeh; 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 Stephenie Lane No. 3, 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. 3 3 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 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. 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. i. 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 February 19, 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 MEI Job No. 07006 November 15, 2007 "EXHIBIT A" LEGAL DESCRIPTION ANNEXATION TO: TOWN OF LOS GATOS NAME OF ANNEXATION: STEPHENIE LANE NO.3 (See Mission Engineers, Inc. Drawing No. S-14009 "EXHIBIT B") Real property in the unincorporated area of the County of Santa Clara, State of California, being a portion of RANCHO RINCONADA described as follows: Beginning at an angle point in an existing Town of Los Gatos boundary line being a Northerly boundary line of ANNEXATION WINTERBROOK NO. 1, said angle point being at the intersection of the Northerly boundary line of Blossom Hill Road (20 foot half street as established by said ANNEXATION) as established in the deed from Benedict Chirco, et al, to the County of Santa Clara, dated May 5, 1942 and recorded May 18, 1943 in Book 1143 of Official Records, Page 18, Santa Clara County Records; with the Southwesterly boundary line of the 12.217 acre parcel of land conveyed by Leo Baumgartner, et ux, to Benedict Chirco, by deed recorded March 23, 1923 in Book 20 of Official Records, Page 45, Santa Clara County Official Records; 1. Thence, from said Point of Beginning along an existing Town of Los Gatos boundary line being a boundary line of said ANNEXATION WINTERBROOK NO. I and said Southwesterly boundary line of 12.217 acre parcel North 12° 45' 00" West, 10.15 feet to the Southeast corner of Town of Los Gatos ANNEXATION STEPHENIE LANE NO. 1; 2. Thence, continuing along the existing Town of Los Gatos boundary line being the Easterly boundary line of said ANNEXATION STEPHENIE LANE NO. 1 and also being said Southwesterly boundary line of 12.217 acre parcel of land North 12° 45'00" West, 102.63 feet to the Southwesterly corner of that certain land described in deed filed on August 25, 1947 in Book 1498 at Page 165 Santa Clara County Official Records; 3. Thence, leaving the existing boundary of the Town of Los Gatos and said ANNEXATION STEPHANIE NO. 1 boundary line, along the Southeasterly boundary line of said land filed in Book 1498 at Page 165 North 68° 28' 00" East, 124.415 feet to the Northeasterly boundary line of said land described in Book 20 at Page 45 Santa Clara County Official Records; "EXHIBIT A" Page 1 of 2 LEGAL DESCRIPTION 11/15/07 STEPHENIE LANE NO. 3 4. Thence, along last said line South 17° 36' 56" East, 109.09 feet to a boundary line of the Town of Los Gatos being said Northerly boundary line of Blossom Hill Road and also being the Northerly boundary line of said ANNEXATION WINTERBROOK NO. l; 5. Thence, along last said boundary line of the Town of Los Gatos and said ANNEXATION WINTERBROOK NO. 1 South 67° 21' 00" West, 134.27 feet to said Point of Beginning and containing 0.3267 acres, more or less. "EXHIBIT A" Page 2 of 2 PE~~.. i No. 215CQ ex, q- -3C~i aNR 01V t~ VONn O Q- L ATWOOD ~ CT. Z o F o Q o= O z2 y,00'p 3 „OO,Sb.Z~ S g Li M z L0 r 0 N i 100 ~m O ~ V V) 00 Q0) w~ v = n z N p N Q (n V' W N 00 N I_ m O p N ° I W 100 Ln N N I N O Q cr- w ~ z z z co^ Q O Z4 c J I M L'i Lo v ~ W Of 3s O ~ co O'j- V) z G~NEER o C3~ o w 2 Z a ((p ~ / a Q Q C w a`,c~ o~ ' , o _ v V W LLJ ~ X O SAP 11 " of Z J E1038 r/ U- r z _ ( Z O off- t F Z~ W - a X Z W ¢ w z o ( Z °z ~ ~ ~o Q ACA w 0 ° 00 r M zr 1 ° z m Z 10 t 1 °p N N 1 o O mo L z 1 m Q Z I L l'6Zl M OS,82.L (3 .959£ L l S} I L N I m so•so~ n 1 W M U ~I Q CV -H N r- CN M a a O O S O O Lo d- L,J z ~o Q ~ o Q N m z 0 f= m e6 ba ~IAS3 °~fi►-"',+.- 0008 0 0 f lz M «O0. Z~ N Sb ap 0z ,£9'Zp j Z 0 l _3 ZL, X30 NOIL H X3NNY ON 3bl ° 31N3 3NIl ll~3tS 03 8b1S3 S Nb~`31N3Hd Hd31S wn col 6 S- IX-3 00 d N O LC) Q ry H o 3 Z~ z z W m CA V) a 00 w r) ~ Q O 0 U- a N Z <V) ,J Z 0) t o< Z XZoa¢ W &E V) O Z paw J Z QOJUW a ~ cs o Zo Q <a ~o Qw o (o x O z c) N (n I CL U- p j o W W O- P2 CL 0 O 0- Z Z W w f- z O < m O U ® oo Lj of, Q S 00 U) J N M Q I ~ J tj J 0) W to _ S ¢ tn0 O J ~O O N 0O .o£•pz nos. t~ Z U) X W 00 N L 13 CN iC U r cn o d' O j Q N L-Li ~ cD m N f7 " ~7 Q 00 (uuI ; 0 ~ o0 L O ~o ~L0 lJ ~ 0 L~ o • U VU VV cn L Lf) 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: Stephenie Lane No. 3 Brief Description of Proposal: This proposal is to annex a single .33 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: 15997 Blossom Hill Road/16010 Stephenie Lane, Los Gatos, CA 95032 Assessor's Parcel Number: 523-25-031 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). , {yam -Okl Signature of Authoriz resentative Title of Representative le -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 Inhabited area [§56663(d)] Area with less than 12 registered voters 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 ofprotest proceedings written consent to waiver ofprotesl 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 NADEW;UZANNDANNHXAT ows-rrmir NI f N03 SCCWDOC Doc C-t-L 5/27/03 RECEIVED CONSENT TO WAIVE PROTEST PROCEEDINGS DEC 1 4 200% 'OWN OF LOS GATOS This form must be completed by agencies losing or gaining territory if they desire thd?#WN~G DIVISION proceedings be waived. DESIGNATED TITLE OF PROPOSAL: Stephenie Lane No. 3 Brief Description of Proposal: This proposal is to annex a single .33 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: 15997 Blossom Hill Road/16010 Stephenie Lane, Los Gatos, CA 95032 Assessor's Parcel Number: 523-25-031 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). Signatur 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 [§56663 91 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 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 ATTACMENT 3 N:1 DEV\SUZANNE\ANNEXATIOMSTE111A ENIEN03\STEPWENIENO3.DOC Doc Created: 5/27/03