01 Staff Report - 16551 Englewood Avenuep'N N 0
r!ps GA
5
DATE:
TO:
FROM:
SUBJECT:
COUNCIL AGENDA REPORT
November 11, 2008
MEETING DATE: 12/01/08
ITEM NO. f
MAYOR AND TOWN COUNCIL
GREG LARSON, TOWN MANAGER
ADOPT RESOLUTION APPROVING THE REORGANIZATION OF
TERRITORY DESIGNATED TOPPING WAY NO. 5 CONTAINING
APPROXIMATELY .67 ACRES LOCATED AT 16551 ENGLEWOOD
AVENUE (APN: 532-07-021). FILE #AN08-04.
RECOMMENDATION:
Adopt a resolution approving the reorganization of territory designated Englewood Avenue No. 7,
containing approximately .67 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 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 independent of any development applications, although it is anticipated that the
owner will file and Architecture and Site application for a new residence in the future.
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 November 3, 2008 Town
Council meeting.
(Continued on page 2)
PREPARED BY: Bud N. Lortz, 151rector of Community Development
Reviewed by: -~6 Assistant Town Manager Town Attorney Clerk Fina ice
Community Development Revised: 11/11108 3:40 PM
Reformatted; 5/30102
N:1D EV15 UZANN E1CooncilllZeportslAnnexation%EnglewoodNo.7-PP.doc
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ENGLEWOOD AVENUE NO. 7; FILE #AN08-04.
November 3, 1008
DISCUSSION:
The Town has received a petition from Masud & Moj gan Maesumi, 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 property is within the Town's Urban Services Area
boundary, adj acent to a Town boundary, and is pre-zoned Rl :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
LA11C0 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 approving the reorganization of territory designated as Englewood Avenue No. 7, with
Exhibits A & B.
2. Protest Waiver, Santa Clara County
3. Protest Waiver, Library Service Area
Distribution:
Masud Maesumi, 3131 S. Bascom Avenue, Suite 110, Campbell, CA 95008
Michael Lopez, Planning Manager; Environmental Resources Agency, 7"` Floor; County Goveniment 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
APPROVING THE REORGANIZATION
OF TERRITORY DESIGNATED
ENGLEWOOD AVENUE NO. 7
APPROXIMATELY .67 ACRES
LOCATED AT 16551 ENGLEWOOD AVENUE
(APN: 532-07-021)
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 .67
acres located at 16551 Englewood Avenue (APN 532-07-021) has been filed by Masud and
Mojgan Maesumi; 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 Govenament Code for
the annexation of property designated as Englewood Avenue No. 7, 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 .67 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.
ATTACHMI?NT 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 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 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.
i. That the proposed annexation is consistent with the Town's General Plan.
j. That the territory to be annexed is adjacent to a Town boundary.
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 tcnns 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 November
3, 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:1DE V LS U ZANNO A n nexa[ion\Eng lewo o dNo.71Engl ew o odNo7-Raso2.do c
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 Fnglewood 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 53032'08" 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 arc beginning along the southwesterly line of Topping Avenue as
shown on that certain Map entitled "Tract No 328, Kenwood Acres" filed 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 04016'38", a and a chord of 110.93' bearing N 34°19'35" 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 20.00' and a central angle of 73°21'15"; 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°48'44" 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, (11) N 78°41'42" W, a distance of
150.00' to a point along the southeasterly line of Ferris Avenue No. 1 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"41'4Z" E, a distance of 150.00' to the
northwesterly line of Englewood Avenue; thence along the northwesterly line of Englewood Avenue,
(14) N 32°11'16" 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 04°16'38"; 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 ntay not be used as the basis for an offer for sale of the land described.
END OF DESCRIPTION
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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: 1" = 30'
APN NO. 532-07-021
ADDRESS: 16551 ENGLEWOOD AVENUE
ANNEXATION AREA
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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 they desire that protest
proceedings be waived.
DESIGNATED TITLE OF PROPOSAL: Englewood Avenue No. 7
Brief Description of Proposal:
This proposal is to annex a single .67 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: 16551 Englewood Avenue, Los Gatos, CA 95032
Assessor's Parcel Number: 532-07-021
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 Autho 'ze epresentative Date
l
Title of Repres tative
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 iif-
Uninhabited area (§56663 49)]
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 ifno written opposition
is received from them prior to conclusion ofineeting
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
Ifat 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:IDF,V UZANNEhANNEXATIONENGLEWOODNO.MNGLEWOODN07-ECCW.DOC
ATTACMCNT 2
Da, Created: 5127103
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: Englewood Avenue No. 7
Brief Description of Proposal:
This proposal is to annex a single .67 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: 16551 Englewood Avenue, Los Gatos, CA 96032
Assessor's Parcel Number: 532-07-021
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).
igna ure' of Authorized Representative Date
Signature'
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 of protest proceedings if.-
Uninhabited area [§566639)]
Area with less than 12 registered voters
Inhabited area [§56663(4)]
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 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
ATTACMCNT 3
N:tiDEViSUZANNE%A msXArIONT-NG .awootiNO.aSENGLPNVOODNO7-Lw.ooc Doc Created: 5127103