08 Staff Report - 16561 Englewood Avenue
DATE: COUNCIL AGENDA REPORT March 25, 2009 MEETING DATE: 04/06/09 ITEM NO. (/CONSENT ITEM 0 TO: FROM: SUBJECT: 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.8, APPROXIMATELY .17 ACRES LOCATED AT 16561 ENGLEWOOD AVENUE (APN: 532-07-022);
FILE #AN09-01. RECOMMENDATION: Adopt resolution setting date for consideration of reorganization of uninhabited area designated' Englewood Avenue No.8, approximately .17 acres located
at 16561 Englewood Avenue (APN: 53207-022). 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 aTown bonndaty or within 300 feet of the Town limits if the use is intensified. The propeliy owner has requested amlexation independent ii-om any
development applications with the Town. Section 56757 ofthe Cortese-Knox-Helizberg Local Governnlent Reorganization Act of2000 gives the cities in Santa Clara County the authority to
annex territory without application to and hearing by the Santa Clat'a County Local Agency Formation Commission (LAFCO). The process is initiated by the Town after the property owner
files an annexation petition. However, legislation that becatne effective in 2004 now requires the Town to hold a "protest proceeding" even ifthe area proposed for annexation is uninhabited
and all propeliy owners have consented to the annexation. This first meeting and resolution sets the date for the protest proceeding. PREPARED BY: ut'endie R. Rooney, Director of Community
Development Reviewed by: Town Manager __Town Attorney __Clerk ::it/Finance L Community Development Rev;,ed, 3/25/09 3,26 PM Refonnattcd: 5/30/02
PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: ENGLEWOOD AVENUE NO.8; FILE #AN09-01. March 25, 2009 DISCUSSION: The Town has received a petition from Perri Gordon, owner of the property at 16561
Englewood Avenue, requesting annexation to the Town of Los Gatos. The property is located in an unincorporated "island" of the County. The proposed annexation is attached as Exhibit
B of Attachment I. The propeliy is in the Town's Urban Services Area, is adjacent to a Townboundmy and is pre-zoned R-I: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 Plmming and the County Librmy Service Area have consented
to waive protest proceedings. The protest proceeding has been scheduled for May 4,2009. 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 fees are assessed by Santa Clara County, LAFCO and the State Board ofEqualization, and are
paid by the petitioner: Map, Legal Description and Guideline Checking Fees $2,000 (Paid) LAFCO Processing Fee $1,103.00 State Board of Equalization Fee $300.00 The petitioner has also
paid an Annexation Fee to the Town of $2,624.00. Once the mmexation is certified by the State Board ofEqualization, the Townwill receive nine point six percent (9.6%) of the property
taxes. Attachments: I. Resolution making detenninations and approving the reorganization oftelTitory designated Englewood Avenue No.8, with Exhibits A& B. Dish'ibution: Perri Gordon,
2165 Cactus Court #3, Walnut Creek, CA 94595 Michael Lopez, Plamling Manager; Environmental Resources Agency, 7th Fir; County Government Center, East Wing; 70 W. Hedding Street, San
Jose, CA 95110
RESOLUTION 2009 -RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF UNINHABITED TERRITORY DESIGNATED ENGLEWOOD AVENUE NO.8, PROPERTY
LOCATED AT 16561 ENGLEWOOD AVENUE; APPROXIMATELY.17 ACRES (APN: 532-07-022) WHEREAS, the Town Council of the Town of Los Gatos has received a request for annexation of telTitory designated
Englewood Avenue No.8 from Perri Gordon; and WHEREAS, the property, .17 acres, more or less, at 16561 Englewood Avenue, APN: 53207-022, 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 ofTown services; and WHEREAS, the Town Council enacted an ordinance over 20 years ago pre-zoning the subject territOly 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 allilexation of the subject property
is exempt for the California Enviroillnental Quality Act guidelines, pursuant to Section 15061(b)(3); and WHEREAS, the County Surveyor ofSanta 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 armexation
policies; and WHEREAS, as provided in Government Code Section 56757, the Town Councils of the Town ofLos Gatos shall be the conducting authority for a reorganization including an aIlliexation
to the Town; and WHEREAS, the territory is uninhabited and all owners oflarld included in the proposal have consented to this annexation; and WHEREAS, Government Code Section 56663(a)
provides that ifa petition for aIlliexation is signed by all owners of land within the affected territOly the Town Council may approve or disapprove the aIlliexation without public hearing;
ATTACHMENT 1
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Los Gatos hereby initiates annexation proceedings and will consider a1mexation to the territory designated as Englewood
Avenue No.8 at their regular meeting ofMay 4,2009. PASSED AND ADOPTED at a regular meeting ofthe Town Council held on the 6th ofAplil 2009, 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
f' EXHIBIT "A" ENGLEWOOD AVENUE ANNEXATION NO. TO TOWN OF LOS' GATOS All that certain property being a portion ofRancho Rinconada De Los Gatos, situated in the County of Santa Clara,
State of California. Beginning at a point on Southerly comer ofLot 6, as shown on the subdivision map of Tract No, 3650 recorded in Book 178 ofMaps at Page 5, Santa Clara County
Records, said point being the Southwesterly limit ofTown ofLos Gatos as established by Ferris Avenue Number One Annexation, approved by Town ofLos Gatos Ordinance No. 870, AprilS, 1966,
certified by Secretary of State of State of California on May 6, 1966; Thence along Southeasterly line ofsaid town limit and ofsaid Lot 6 (1) North 32 Degrees 11 Minutes East a length
of54.10 feet to the Southwesterly comer ofthe Englewood Avenue NO.7 Annexation, approved by Town ofLos Gatos Resolution No. 2008-129, and recorded as Document # 20108334 January 22,2009;
Thence continuing along the town limit line established by said annexation (2) South 78 Degrees 41 Minutes East a length of 150.00 feet to the Westerly right ofway line ofEnglewood Avenue;
Thence continuing along the town limit line established by said annexation and along said right of way line (3) South 32 Degrees 11 Minutes West a length of 54,10 feet; Thence leaving
said right ofway line and town limit line established by said annexation (4) North 78 Degrees 41 Minutes West-a length of: 150.00 feet to the point ofbeginning, Containing 0.17 acres
more or less. Disclaimer: "For assessment purposes ouly. This description of laud Is not a legal property description as defiued in the Subdivision Map Act and may not be used as the
basis For an offer for sale ofthe laud described."
lXHIBIT "B" LOCATION MAP LAFCO RESOLUllON NO. DISCLAiMER: "For assessment purposes only. This description of land is not a legal property description os defined in the Subdivision mop
Act and may not be used as the basis for on offer for sale of the land described." EXISllNG TOWN UMlT PROPOSED TOWN UMIT ====...:-=.:-:.:=== EXISllNG BOUNDARY UNE STREET CENTERUNE ----LEGEND
1 ACREAGE: 0.57 /#1 I ENGLEWOOD #7 # 2008-129 1--' 1-22-2009 . DOC. # 20108334 .41 --(2) ,::----_S!8"41'£ , !}t,c:> APN 532-7-22
PERRI GORDON o. o. '"_ '0 0 (4) .... _ 150.00- /ASSESSOR'S P RCEl
NUMBERS: 532--022 FERRIS AVENUE ANNEXATION 4-4-1966 \<: I. WESlFA ENGINEERS, INC. DATE: JANUARY 2009 ENGLEWOOD AVENUE SCAlE: 1"=50' ANNEXATION NO,
8 •-1-__--;; --;1 6561 ENGLEWOOD
AVENU DRAWN BY: JC REVISIONS: h" LOS GATOS, CA 1-=.::..::.:;.:...::..:.:.....:.:......------1 CHECKED BY: HB PORllON OF RANCHO RINCONADA JOB NO. 2009-004 DE LOS GATOS
annexation calculations ENGELWOOD ANNEXATION NO. 8 LOS GATOS 2009-004 JANUARY 29,2009 Parcel name: annexation North: 848.58 East : 516.33 Line Course: N 32-11-00 E Length: 54.10 North:
894.36 East : 545.14 Line course: S 78-41-00 E Length: 150.00 North: 864.93 East : 692.23 Line Course: S 32-11-00 w Length: 54.10 North: 819.14 East : 663.41 Line Course: N 78-41-00
W Length: 150.00 North: 848.58 East : 516.33 Perimeter: 408.20 Area: 7,583 sq. ft. 0.17 acres Mapcheck closure -(uses listed courses, radii. and deltas) Error Closure: 0.00 Course: S
90-00-00 E Error North: 0.000 East : 0.000 Precision 1: 408,200,000.00 Page 1