11 Staff Report - 16538 Topping Way~~yW N Q+~
~!5 '4y'"VIV.v ~l 4
lps7~y6 A
DATE:
TO:
FROM:
SUBJECT:
COUNCIL AGENDA REPORT
April 10, 2008
MAYOR AND TOWN COUNCIL
MEETING DATE: 04/21/08
ITEM NO. I
.41
GREG LARSON, TOWN MANAGER
ADOPT RESOLUTION MAKING DETERMINATIONS AND APPROVING
THE REORGANIZATION OF TERRITORY DESIGNATED TOPPING WAY
NO. 5 CONTAINING APPROXIMATELY .66 ACRES LOCATED AT 16538
TOPPING WAY (APN: 532-09-027). FILE #AN08-01.
RECOMMENDATION:
Adopt a resolution making determinations and approving the reorganization of territory designated
Topping Way No. 5, containing approximately. 66 acres located at 16538 Topping Way (APN: 532-
09-027).
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 March 17, 2008 Town
Council meeting.
(Continued on page 2)
PREPARED BY: Bud N. Lortz, Director of Community e4opment
Reviewed by: Assistant Town Manager -Town Attorney Clerk -1CFinance
v-" Community Development Revised: 4/101,08 3:47 PM
Reformatted: 5/30/02
N:ADEV\SUZANNE\Counci1\Repoits\Annexation\ToppingNo.5-PP.doc
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: TOPPING WAY NO. 5; FILE #AN08-01.
April 10, 2008
DISCI 1SSTON:
The Town has received a petition from Dan Boyd & Gina Florentino-Boyd, owners of the property at
16538 Topping Way, 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 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:
1. Resolution making determinations and approving the reorganization of territory designated as Topping
Way No. 5, with Exhibits A & B.
2. Protest Waiver, Santa Clara County
3. Protest Waiver, Library Service Area
Distribution:
Dan Boyd & Gina Florentino-Boyd, 16538 Topping Way, Los Gatos, CA 95032
Michael Lopez, Planning Manager; Environmental Resources Agency, 7"' Floor; County Government Center,
East Wing; 70 W. Hedding Street, San Jose, CA 95110
BNL:RT:SD
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
MAKING DETERMINATIONS AND APPROVING THE
REORGANIZATION OF TERRITORY DESIGNATED
TOPPING WAY NO. 5
APPROXIMATELY.66 ACRES
LOCATED AT 16538 TOPPING WAY
(APN: 532-09-027)
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 .66
acres located at 16538 Topping Way (APN 532-09-027) has been filed by Dan Boyd & Gina
Florentino Boyd; 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 Fonnation 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 Topping Way 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 .66 acres,
inclusive of road right-of-way.
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.
ATTACBMM 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 R-1:8 (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 Fonnation 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 amnexation does not create islands 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 within 300 feet of a Town maintained roadway.
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 April 21,
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`SUZANNE`.Annexation,ToppingNo5-I6538'',ToppingNo5-Re oldoc
EXHIBIT "A"
TOPPING WAY ANNEXATION NO.5
TO TOWN OF LOS GATOS
All that certain property being a portion of Rancho Rinconada De Los Gatos, situated in the County
of Santa Clara, State of California.
Beginning at a point on the Northerly right of way line of Topping Way at the Southwesterly corner
of Lot 68, as shown on the subdivision map of Kenwood Acres, Tract No. 328 recorded in Book 10
of Maps at Page 56, Santa Clara County Records, said point being the Southwesterly limit of Town
of Los Gatos as established by Topping Way Annexation No. 2, approved by Town of Los Gatos
Resolution 2003-111, and recorded as Certificate of Completion Document No. 17392885 on
October 2, 2003 Santa Clara County Records;
Thence along Southerly line of said town limit and Northerly right of way line of Topping Way (1)
South 77 Degrees 51Minutes 40 Seconds East a length of 83.10 feet;
Thence continuing along said town limit across Topping Way (2) South 01 Degree 39 Minutes 26
Seconds West a length of 61.02 feet to the Southerly rights of way line of Topping Way;
Thence leaving said town limit along the Southerly right of way line of Topping Way (3) North 77
Degrees 51 Minutes 45 Seconds West a length of 219.03 feet to the Northeasterly corner of Lot 64;
Thence along the boundaries of Lot 64 (4) South 12 Degrees 08 Minutes 15 Seconds West a length
of 137.00 feet; and
Thence (5) North 77 Degrees 51 Minutes 45 Seconds West a length of 80.00 feet; and
Thence (6) North 12 Degrees 08 Minutes 15 Seconds East a length of 197.00 feet to the Northerly
right of way line of Topping Way;
Thence along the Northerly right of way line of Topping Way (7) South 77 Degrees 51 Minutes 45
Seconds East a length of 204.83 feet to the point of beginning.
Containing 0.66 acres more or less.
Disclaimer:
"For assessment purposes only. This description of land
Is not a legal property description as defined in the
Subdivision Map Act and may not be used as the basis
For an offer for sale of the land described."
1AND
No. 4953
Exp. 12-31-09
~~.",F ~F CAS\F~~
Revised 2-6-08
SHAN7~~~
O-EXH BIT 7 7B7 7 T
WA 3
o° o
30 =
=ov MARCHMONT OR.
LOCATION MAP
SI TE
TOPPING WAY NO. 2
ANNEXATION
DOC. NO. 17392885
10/2/2003
:SOLUTION NO. 2003-111
7'OPP/NG AY
5157=R S
204, 83'
vu
o
/~2pc
2 DJB CONSTRUCTION 3
APN 532-09-027 irk
LOT 64,
TRAC j AREA 0.66 ACT 328 z p LEGEND
EXISTING TOWN
M PROPOSED TOW
EXISTING BOUND
STREET CENTER
(S) ~~51'45'
80.Op W
DISCLAIMER:
"For assessment purposes only. This description of
land is not a legal property description as defined
in the Subdivision map Act and may not be used
as the basis for an offer for sale of the land
described."
ASSESSOR'S PARCEL NUMBERS:
532-09-027
WESTFALL ENGINEERS, INC.
14583 BIG BASIN WAY
SARATOGA, CA.
TEL. 408-867-0244, FAX 408-867-6261
DRAWN BY: JC
CHECKED BY: HB
JOB NO. 2007-209
S7751'4p"~
84.10'
0> I 'N
t3) N?` 5"W
01,0
219.03' s rn
N
~
` ® I
LIMIT - -
N LIMIT
ARY LINE
LINE
\,AN>7 Sv~'G
* No. 4953
Exp. 12-31-09
ACREAGE: 0.66
DATE: JANUARY 2008
SCALE: 1"=50'
REVISIONS: A 2-c- 08
LAFCO RESOLUTION NO.
0
q~c
1
TOPPING WAY
ANNEXATION NO. 5
16538 TOPPING WAY
LOS GATOS, CA
PORTION OF RANCHO RINCONADA
DE LOS GATOS
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: Topping Way No. 5
Brief Description of Proposal:
This proposal is to annex a single .66 acre parcel of residential property (inclusive of road
right-of-way) 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: 16538 Topping Way, Los Gatos, CA 95032
Assessor's Parcel Number: 532-09-027
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 Authorized Repr ntative Date
Title of Represent tive
In the case of inhabited (12 of more registered voters) or uninhabited city or district annexations or detachments or
both, § 56663 9 & (d) of Government Code allows for waiver of protest proceedings if:
Uninhabited area [§56663ejJ
Area with less than 12 registered voters
Inhabited area [§56663(d)]
Area widz 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 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.
Enclosures: Detailed Map and Description of proposal
N:',DEVSUZANNE',ANNEXATIONITOPPINGN05-16538\TOPPINGNOS-SCCW.DOC ATTACIMNT 2
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: Topping Way No. 5
Brief Description of Proposal:
This proposal is to annex a single .66 acre parcel of residential property (inclusive of road
right-of-way) 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: 16583 Topping Way, Los Gatos, CA 95032
Assessor's Parcel Number: 532-09-027
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 epresentative 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 [§566639]
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 (ofprgject 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 frrom 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
N:\DEV\SUZANNE\ANNEXATION\TOPPINGN05 -16538\TOPPINGNOS-LW.DOC ATTACHMENT 3