07 Staff Report - 16362 Hilow Road~ \4 N
44 I.
DATE:
TO:
FROM:
SUBJECT:
COUNCIL AGENDA REPORT
August 7, 2008
MEETING DATE: 09/15/08
ITEM NO. i
MAYOR AND TOWN COUNCIL
GREG LARSON, TOWN MANAGER
ADOPT RESOLUTION MAKING DETERMINATIONS AND APPROVING
THE REORGANIZATION OF TERRITORY DESIGNATED HILOW ROAD
NO.3 CONTAINING APPROXIMATELY 1. 12 ACRES LOCATED AT 16362
HILOW ROAD (APN: 532-04-082). FILE #AN08-02.
RECOMMENDATION:
Adopt a resolution making determinations and approving the reorganization of territory designated
Hilow Road No. 3, containing approximately 1.12 acres located at 16362 Hilow Road (APN: 532-
04-082).
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 August 18, 2008 Town
Council meeting.
PREPARED BY:
1T (Continued on page 2)
Bud N. Lortz, Director of Community Development
Reviewed by: i~~Community Assistant Town Manager !/Town Attorney Clerkinance
Development Revised: 817108 2:40 PM
Reformatted: 5130102
N:IDEVISUZANN&Council\ReportslAnnexationlHilowNo.3-PP.doc
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: HILOW ROAD NO. 3; FILE #AN08-02
August 7, 2008
DISCUSSION:
The Town has received a petition from Farbod and Katayoon Dinyari, owners of the property at
163 62 Hilow Road, requesting annexation to the Town of Los Gatos. The property is located in an
unincorporated island of the County. The property is within the Town's Urban Services Area
boundary and is pre-zoned R-1:8 (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:
Count Surveyor Map, legal description and guideline checking fee
$2,000.00
County Assessor's fee
$55.00
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 Hilow Road
No. 3, with Exhibits A & B.
2. Protest Waiver, Santa Clara County
3. Protest Waiver, Library Service Area
Distribution:
Farbod & Katayoon Dinyari, 1033 Broadway Avenue, San Jose, CA 95125
Michael Lopez, Planning Manager; Environmental Resources Agency, 7'" Floor; County Government Center,
East Wing; 70 W. Hedding Street, San Jose, CA 95110
BNL: SD
RESOLUTION 2008 -
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
MAKING DETERMINATIONS AND APPROVING THE
REORGANIZATION OF TERRITORY DESIGNATED
HILOW ROAD NO.3
APPROXIMATELY 1. 12 ACRES
LOCATED AT 16362 HILOW ROAD
(APN: 532-04-082)
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
1.12 acres located at 16362 Hilow Road (APN 532-04-082) has been filed by Farbod and
Katayoon Dinyari; 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 Hilow Road 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 1.12 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.
ATTACW4Errr 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, 5,000 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 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.
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.
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 September
15, 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:1DEV4SUZANNFVA taalionlHilowNo3kMowNo3-Eeso2.doC
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July 23, 2008 rev 3 '
Job No. 06-303 81RUIS
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Exhibit "A"
Legal Description for
Annexation to the Town of Los Gatos a
Hilow Road No. 3 C
Lands of Dinyari
16362 Hilow Road, Los Gatos, CA
Being all that certain real property situate in the unincorporated area of the County of
Santa Clara, State of California and portion of Rancho Rinconada de Los Gatos,
Designated as lot 18 together with a portion of Hilow Road as shown on that certain Tract
Map 616 recorded in book 26 of maps at pages 8 and 9, Santa Clara County Records,
being more particularly bounded and described as follows:
Beginning at a point on the existing town limit line of Los Gatos as established by
resolution 2006-016 Titled "Shannon Road No. 22" and Westerly line of Hilow Road,
said point also being the Northeasterly corner of lot 1 as shown on the above mentioned
Tract Map;
(1) Thence along the existing town limit line of Los Gatos as established by resolution
2006-016 Titled "Shannon Road No. 22" South 70°19'55" East, 60.00 feet to a point on
the Easterly right-of-way line of Hilow Road and South 19°40'05" West, 15.01 feet from
the Northwesterly corner of lot 21 of above mentioned Tract Map;
(2) Thence along said Easterly right-of-way line South 19°40'05" West, 196.69 feet to
the Northwesterly corner of lot 18 on the Easterly right-of-way line of Hilow Road as
shown on the above mentioned Tract Map;
(3) Thence leaving said easterly right-of-way of Hilow Road and along the Northwesterly
property line of Lot 18 as shown on the above mentioned Tract Map South 70°19 5 5"
East, 157.06 feet;
(4) Thence South 19°40'00" West, 75.00 feet;
(5) Thence North 70°19'55" West, 157.06 feet to the Southwesterly corner of lot 18 on
the Easterly right-of-way line of Hilow Road as shown on the above mentioned Tract
Map;
(6) Thence continuing along said Easterly right-of-way line South 19°40'05" West, 150
feet to a tangent curve also being the Southwesterly corner of lot 16 as shown on the
above mentioned Tract Map;
(7) Thence along a tangent curve to the right having a radius of 877.48 feet, through a
central angle of 07°37'42" and an are distance of 116.83 feet to a point of reverse
curvature to the left;
(8) Thence along a arc of a curvature to the left having a radial bearing of South
68°28'00" East and a radius of 817.48 feet, through a central angle of 05°45'49" and an
are distance of 82.23 feet to a point on of intersection of the existing town limit line of
Los Gatos as established by resolution 2005-135 Titled "Hilow Road No. 2" and the
easterly right-of-way line of Hilow Road.
(9) Thence leaving the Easterly right-of-way line of Hilow Road and along existing town
limit line as mentioned above North 68°28'00" West, 60.00 feet to a point on the
Westerly right-of-way line of Hilow Road " also being the Northeasterly corner of lot 7
and Southeasterly corner of lot 6 as shown on the above mentioned Tract Map;
(10) Thence along a are of a curve to the right having a radial bearing of South 68°28'00"
East and a radius of 877.48 feet, through a central angle of 05°45'49" and an are distance
of 88.27 feet to a point of reverse curvature;
(11) Thence along the arc of a tangent curve to the left, having a radius of 817.48 feet,
through a central angle of 07°37'42" and an arc distance of 108.84 feet to a point of
tangency along the Westerly right-of-way line of Hilow Road;
(12) Thence along the Westerly right-of-way line of Hilow Road North 19°40'05" East,
421.69 feet to the point of beginning.
Containing approximately 48,966 square feet, 1.124 acres.
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.
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CONSENT TO WAIVE PROTEST PROCEEDINGS
This form must be completed by agencies losing or gaining territory if the EWEO
proceedings be waived.
AUG 0 6 2008
DESIGNATED TITLE OF PROPOSAL; Hilow Road No. 3 TOWN OF LOS GATOS
Brief Description of Proposal: PLANNING DIVISION
This proposal is to annex a single 1.124 acre parcel of residential property (inclusive of
road right-of=way) to the Town of Los Gatos. It is within 300 feet of a Town maintained
roadway, 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: 16362 Hilow Road, Los Gatos, CA 95032
Assessor's Parcel Number: 532-04-082
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 Authorie epresentative
Dad
Title of Represe tative
In the case of inhabited (12 of more registered voters) or uninhabited city or district annexations or detachments or
both, §56663 ID) & (d) of Government Code allows for waiver of protest proceedings if.-
Uninhabited area [§56663(31
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 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 thepublic hearing there is opposition expressed regarding theproposal or Town Council's intent to waiveprotest
proceedings, then protest proceeding will be required.
Enclosures: Detailed Map and Description of proposal
ATTACHMENT 2
N:WEv%SuzANNMANNEXA'nONIMLOWNO.3\MLO%VN03-SCCW.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. RECEIVED6
DESIGNATED TITLE OF PROPOSAL: Hilow Road No. 2 AU 0 4 2008
Brief Description of Proposal: TOWN OF LO` `\TOS
This proposal is to annex a single 1.124 acre parcel of residential prope yp i aqaig4j&l`-0N
road right-of-way) to the Town of Los Gatos. It is within 300 feet of a Town maintained
roadway, 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: 16362 Hilow Road, Los Gatos, CA 96032
Assessor's Parcel Number: 532-04-082
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
A
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 9 & (d) of Government Code allows for waiver ofprotest 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 (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 of protest proceedings
If at thepublic hearing there is opposition expressed regarding theproposal or Town Council's intent to waive
protest proceedings, then protest proceeding will be required.
Enclosures: Detailed Map and Description of proposal
ATTACMaNT 3
N;1DEV4SUZANNEA-n Lion\Hil.wN..3kff&o vNO2-LW.doc