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
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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: 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