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04 Staff Report - 16551 Englewood Avenue.yaw x of DATE: TO: FROM: SUBJECT COUNCIL AGENDA REPORT October 15, 2008 MEETING DATE: 11/03/08 ITEM NO. MAYOR AND TOWN COUNCIL GREG LARSON, TOWN MANAGER ADOPT RESOLUTION SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AN UNINHABITED AREA DESIGNATED AS ENGLEWOOD AVENUE NO. 7, APPROXIMATELY.67 ACRES LOCATED AT 16551 ENGLEWOOD AVENUE (APN: 532-07-021); FILE #AN08-04. RECOMMENDATION: Adopt resolution setting date for consideration of reorganization of uninhabited area designated Englewood Avenue No. 7, approximately .66 acres located at 16551 Englewood Avenue (APN: 532- 07-021). 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 either adjacent to a Town boundary or within 300 feet of the Town limits if the use is intensified. The property owner has requested annexation independent from any development applications with the Town. Section 56757 of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 gives the cities in S anta Clara County the authority to annex territory without application to and hearing by the Santa Clara County Local Agency Formation Commission (LAFCO), The process is initiated by the Town after the property owner files an annexation petition. However, legislation that became effective in 2004 now requires the Town to hold a "protest proceeding" even if the area proposed for annexation is uninhabited and all property owners have consented to the annexation. This first meeting and resolution sets the date for the protest proceeding. . BM"_ PREPARED BY: Bud N. Lortz, Director of Community Development Reviewed by: Assistant Town Manager Town Attorney Clerk Finance Corn nunitY Development Revised: 10/15/08 4:22 PM Reformatted: 5130102 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: ENGLEWOOD AVENUE NO. 7; FILE #AN08-04. November 3, 2008 DISCUSSION: The Town has received a petition from Masud & Mojgan Measumi, owners of the property at 16551 Englewood Avenue, requesting annexation to the Town of Los Gatos. The property is located in an unincorporated "island" of the County. The annexation includes a portion of the Englewood Avenue right-of-way (shown on Exhibit B of Attachment 1). The property is in the Town's Urban Services Area, is adjacent to a Town 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." Santa Clara County Planning and the County Library Service Area have consented to waive protest proceedings. The protest proceeding has been scheduled for December 1, 2008. ENVIRONMENTAL ASSESSMENTS: Annexation of the subject property is exempt for the California Environmental Quality Act guidelines, pursuant to Section 15061(b)(3). 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 (paid) LAFCO Processing Fee 959.00 State Board of Equalization Fee $300.00 The petitioner has also paid an Annexation Fee to the Town of $2,400.00. 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. AttaelhmentG Resolution making determinations and approving the reorganization of territory designated Englewood Avenue No. 7, with Exhibits A& B. D10rihntion- Masud Meesumi, 3131 S. Bascom Avenue, Suite 110, Campbell, CA 95008 Michael Lopez, Planning Manager; Environmental Resources Agency, 7ftl Floor; County Government Center, East Wing; 70 W. Hedding Street, San Jose, CA 95110 N:1PEVISUZANNF%CuuncillRepott%\Amn xalion\EnglewoodNo,7-nitro.doc RESOLUTION 2008 - RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF UNINHABITED TERRITORY DESIGNATED ENGLEWOOD AVENUE NO. 7, PROPERTY LOCATED AT 16551 ENGLEWOOD AVENUE; APPROXIMATELY .67 ACRES (APN: 532-07-021) WHEREAS, the Town Council of the Town of Los Gatos has received a request for annexation of territory designated Englewood Avenue No. 7 from Masud & Mojgan Maesumi; and WHEREAS, the property,.67 acres, more or less, at 16551 Englewood Avenue, APN: 532- 07-021, is adjacent to a Town boundary and within its urban service area; and WHEREAS, the following special districts would be affected by the proposal: Santa Clara County Library Service Area; and WHEREAS, the annexation would provide for use of Town services; and WHEREAS, 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; and WHEREAS, the Town of Los Gatos, as Lead Agency for environmental review for the reorganization has determined annexation of the subject property is exempt for the California Environmental Quality Act guidelines, pursuant to Section 15061(b)(3); and WHEREAS, the County Surveyor of Santa Clara County has found the map and description (Exhibits "A" and'B") to be in accordance with Government Code Section 56757, the boundaries to be definite and certain, and the proposal to be in compliance with LAFCO's road annexation policies; and WHEREAS, as provided in Government Code Section 56757, the Town Councils of the Town of Los Gatos shall be the conducting authority for a reorganization including an annexation to the Town; and WHEREAS, the territory is uninhabited and all owners of land included in the proposal have consented to this annexation; and WHEREAS, Government Code Section 56663(a) provides that if apetition 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; NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Los Gatos hereby initiates annexation proceedings and will consider annexation to the territory designated as Englewood Avenue No, 7 at their regular meeting of December 1, 2008. PASSED AND ADOPTED at a regular meeting of the Town Council held on the 3rd of November 2008, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:IDEVISUZANNLAAmn xalian\EnglnvondNo.REnglewoodiVo7-Renol.doc EXHIBIT A DESCRIPTION TO ACCOMPANY ANNEXATION OF TERRITORY KNOWN AS ENGLEWOOD AVENUE NO.7 All that certain real property located in the County of Santa Clara, State of California, being a portion of the Rancho Rinconada De Los Gatos, more particularly described as follows; BEGINNING at the southwesterly corner of that certain Annexation to the Town of Los Gatos known as Englewood Avenue No. 5, said point lying along the northwesterly line of Englewood Avenue, 50' wide, at the terminus of an are beginning along the southeasterly line of Loma Street; thence along the southwesterly most line of said Englewood Ave No. 5 Annexation, (1) S 53°32'08" E, a distance of 50.00' to the southeasterly most corner of said Englewood Ave No. 5 Annexation, thence leaving said Annexation Englewood No.5 and along the southeasterly line of Englewood Avenue to the terminus of an are beginning along the southwesterly line of Topping Avenue as shown on that certain Map entitled "Tract No 328, Kenwood Acres" tiled in Book 10 of Maps at page 56, Santa Clara County Records, to the point of compound curvature of a tangent curve, concave to the southeast, having a radius of 1486.38' a central angle of 04°16'38", a and a chord of 110.93' bearing N 34°19135" E; thence (2) southwesterly along said curve, a distance of 110.96' along the southeasterly line of Englewood Avenue; thence continuing along said Englewood Avenue, (3) S 32111'16" W, a distance of 128.16' to the point of curvature of a tangent curve, concave to the northeast, having a radius of 20.00' and a central angle of 106°38'45"; thence (4) southeasterly along said curve, a distance of 37.23' to the northeasterly line of Marchmont Avenue, 60' wide; thence (5) S 15°32'31" W, a distance of 60.00' to the southwesterly line of Marchmont Avenue; thence along said southwesterly line of Marchmont Avenue, (6) N 74127'29" W, a distance of 29.90' to the point of curvature of a tangent curve, concave to the southeast, having a radius of 20.06' and a central angle of 73121'15"; thence (7) southwesterly along said curve, a distance of 25.61' to the southeasterly line of Englewood Avenue; thence along the southeasterly line of Englewood Avenue, (8) S 32°11'16" W, a distance of 35.92'; thence leaving said Tract No 328,(9) N 57°4844" W, a distance of 50.00' to the northwesterly line of Englewood Avenue; thence along the northwesterly line of Englewood Avenue, (10) N 321111'16" E, a distance of 54.11'; thence leaving said northwesterly line of Englewood Avenue and along the southwesterly line of the lands described in that certain deed filed for record in Document No. 12443102, Santa Clara County Records, (I1) N 78041'42" W, a distance of 150.00' to a point along the southeasterly line of Ferris Avenue No. I Annexation; thence along the southeasterly line of Ferris Avenue No. 1 Annexation and the northwesterly line of the lands of said Document No. 12443102, (12). N 32°11'16" E, a distance of 54.11'; thence leaving said southeasterly line of Annexation Ferris Avenue No. I and along the northeasterly line of said Document No. 12443102, (13) S 78°41'42" E, a distance of 150.00' to the northwesterly line of Englewood Avenue; thence along the northwesterly line of Englewood Avenue, (14) N 32111'16" E, a distance of 160.24' to the point of curvature of a tangent curve, concave to the southeast, having a radius of 1536.38' and a central angle of 04016'38"; thence (15) northeasterly along said curve and along the northwesterly line of Englewood Avenue, a distance of 114.69'to the POINT OF BEGINNING. Containing 29,003 sq ft or 0.6658 acres more or less APN NO. 532-07-021 ADDRESS: 16551 ENGLEWOOD AVENUE Attached hereto is a plat labeled Exhibit "B" and by this reference made a part thereof. Description prepared September 23, 2008. 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. END OF DESCRIPTION Mun Kyu Lee R.C.E. No. C-25881 Expires 12-31-09 r s L FERRIS . 9 2 S S 1 LOT 6 178 , ,5 NQ. ti I/ v T CT [ I 0 3650 LOT N 32°11'16 t 5 1~ ch 4 T " 00 O` z r cl~ r O P ~ o ;J r O N Cr1 r p i o Woo r f ~ Q 1 d N VICINITY MAP O A S EXHIBIT B PLAT TO ACCOMPANY ANNEXATION OF TERRITORY KNOWN AS ENGLEWOOD AVE. NO.7 " TO THE TOWN OF LOS GATOS being a portion of the Rancho Rinconada De Los Gatos STATE OF CALIFORNIA DATE: 09-23-08 SCALE: V = 30' APN NO. 532-07-021 ADDRESS: 16551 ENGLEWOOD AVENUE Fur assessment purposes only. This description of land is not 4 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. 54.11' N 32 (I0) ANNEXATION AREA 0.6658 acres 29003 sq ft -~GLEWool) 5(8) 32° 11'16" W 11l R` 35.92' 1C ~15 61 - - - - LOS GA TOS TOWN LIMITS I PROPOSED ANNEXATION LIMITS (14) N '2 160.24' A-N U E s13i aio ~10 l pJ',' I? Y z o ✓ ~ Z. o D -3 °3~ Z S l5 60. (5} 1" W 30' 5 S 32°11'16° W 128.16' (3) (15) L` 14 69, °16'38" IZ°15. 41 °16,38~~ L 10.96, ~Q& _ wI 1 !p ~o ro - ~z 381