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
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PLAT TO ACCOMPANY
ANNEXATION
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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.
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