01 Staff Report - 16561 Englewood Avenueo H o~ MEETING DATE: 05/04/49
J ITEM NO.
COUNCIL AGENDA REPORT
DATE: April 20, 2009
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: ADOPT RESOLUTION APPROVING THE REORGANIZATION OF
TERRITORY DESIGNATED ENGLEWOOD AVENUE NO.8 CONTAINING
APPROXIMATELY .17 ACRES LOCATED AT 16561 ENGLEWOOD
AVENUE (APN: 532-07-022). FILE #AN09-01.
RECOMMENDATION:
Adopt a resolution approving the reorganization of territory designated Englewood Avenue No. 8,
containing approximately .17 acres located at 16561 Englewood Avenue (APN: 532-07-022).
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 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 an 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 Town Council meeting on
April 6, 2009.
(Continued on page 2)
PREPARED BY: U` endie R. Rooney, Director of Community Development
Reviewed
by: f~~Assistant Town Manager Ay-ZTown Attorney Clerk 40 Finance
V Community Development Revised: 4/20/09 5:18 PM
Reformatted: 5130102
N:1DEV\SUZANNE1CouncillReportsV mexation\EnglewoodNo.8-PP.doc
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ENGLEWOOD AVENUE NO, 8; FILE #AN09-01.
April 20, 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 (see Attachment 1). The property is within the Town's Urban
Services Area boundary, adjacent to a Town 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 (see Attachments 2 and 3, respectively).
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
LAFCO processing fee
$1,103.00
State Board of Equalization fee
$300.00
The petitioner has also paid a $2,624.00 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. Location map
2. Resolution approving the reorganization of territory designated as Englewood Avenue No. 8, with
Exhibits A & B.
3. Protest Waiver, Santa Clara County
4. Protest Waiver, Library Service Area
Distribution:
Perri Gordon, 2165 Cactus Court #3, Walnut Creep CA 94595
Michael Lopez, Planning Manager; Environmental Resources Agency, 7t" Floor; County Govermnent Center,
East Wing; 70 W. Hedding Street, San Jose, CA 95110
WR: SD
Englewood Avenue No. 8
16561 Englewood Avenue
ATTACEMNT 1
RESOLUTION 2009 -
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
APPROVING THE REORGANIZATION
OF UNIHABITED TERRITORY DESIGNATED
ENGLEWOOD AVENUE NO. 8
PROPERTY LOCATED AT 16561 ENGLEWOOD AVENUE
APPROXIMATELY .17 ACRES (APN: 532-07-022)
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 .17
acres located at 16561 Englewood Avenue (APN 532-07-022) has been filed by Perri Gordon;
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 if
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 that the petition for annexation was signed by all property owners
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 Englewood Avenue No. 8, 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 .17 acres.
ATTACIIHM 2
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.
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 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 May 4, 2009, 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:IDEVISUZANNEIAnnexationlEnglewoodNo.STnglewoodNo8-Reso2.doe
EXHIBIT "A"
ENGLEWOOD AVENUE ANNEXATION NO.
TO TOWN OF LOS, GATOS
All that certain property being a portion of Rancho Rinconada De Los Gatos, situated in the County
of Santa Clara, State of California..
a
Beginning at a point on thq Southerly corner of Lot b, as shown on the subdivision map of Tract
No. 3650 recorded in Book 178 of Maps at Page 5, Santa Clara County Records, said point being
the Southwesterly limit of Town of Los Gatos as established by Ferris Avenue Number One
Annexation, approved by Town of Los Gatos Ordinance No. 870, April 5, 1966, eertified by
Secretary of State of State of California on May 6, 1966;
Thence along Southeasterly line of said town limit and of said Lot 6 (1) North 32 Degrees 11
Minutes East a length of 54.10 feet to the Southwesterly corner of the Englewood Avenue No. 7
Annexation, approved by Town of Los 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 of way line of Englewood Avenue;
Thence continuing along the town limit line established by said annexation and along said right of
way line (3) South 32 Degrees I 1 Minutes West a length of 54.10 feet;
Thence leaving said right of way line and town limit line established by said annexation (4) North
78 Degrees 41 Minutes Nest a length of 150.00 feet to the point of beginning.
Containing 0.17 acres more or less.
Disclaimer:
"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 ofthe land described." -
~ ~AND SU
aA
No. 4953
Exp. 12-31-09
~ CF C A~1~~
EXHIBIT "B"
f FERRIS AVENUE #1 p
ANNEXATION p
4--4-1966 /
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~ ZZ
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ENGLEWOOD ANNEXATION #7
RESOLUTION # 2005-129
1-22-2009
DOC. # 20105334
(2) S;78
Q, APN 532-7-22 ~ ~o03.51'
PERRI GORDON
16561 EN LEW00D AVENUE
I`4 T78-11 0
o J
I~AND Ala. 8953
Exp. 12-3109 ~
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LEGEND
EXISTING TOWN UMIT
PROPOSER TOWN LIMIT
EXISTING BOUNDARY LINE
f ~
4
STREET CENTERLINE -
DISCLAIMER-
LIT
"Far assessment purposes only. This description of
land is not o legal property description as defined
°EFI,!
~
in the Subdivision map Act and may not be used
=
as the basis for an offer for sate of the land
d
"
describe
-
ASSESSOR'S P CEL NUMBERS:
ACREAGE 0
57
LAFCO RESOLUTION NO.
532- -022
.
WESTFALJ~ ENGINEERS, INC.
DATE. JANUARY 2009
ENGLE OOD AVENUE
14583 BIG BASIN WAY
SARAT ATOGA - ~ CA.
,
"
ANNEXATION NO. 8
TEL 408-867-0244, FR 4W-867--6261
SCALE: 1
=~0
5561 ENGLE OOD AVENUE
DRAWN BY JC
REVISIONS:
LOS GAsTOS, CA
CHECKED BY- HB
PORTION OF RANCHO RINCONADA
JOB NO. 2009-004
DE LOS GATOS
LOCATION MAP
ENGELWOOD ANNEXATION NO. 8
LOS GATOS
2009-004
JANUARY 29,2009
Parcel name: annexation
annexation calculations
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: 5 32-11-00 W Length: 54.10
North: 819.14 EaSt : 663.41
Line Course: N 78-41--00 W Length: 150.00
North: 84838 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; 5 90-00-00 E
Error North: 0.000 East : 0.000
Precision 1: 408,200,000.00
\jNND
v ~
No. 4953
Exp, 12-31-09
OF GA~~~O
Page 1
CONSENT TO WAIVE PROTEST PROCEEDINGS
This forin must be completed by agencies losing or gaining territory if they desire that protest
proceedings be waived.
DESIGNATED TITLE OF PROPOSAL: Englewood Avenue No. 8
Brief Description of Proposal:
This proposal is to annex a single .17 acre parcel of residential to the Town of Los Gatos.
It is adjacent to the Town boundary, within the Town's Urban Service Area Boundary, not
underthe Williamson Act, does not create "islands", conforms to lines of assessment and
has less than 12 registered voters.
Address: 16561 Englewood Avenue, Los Gatos, CA 95032
Assessor's Parcel Number: 532-07-022
The Santa Clara Coun 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).
Signature of Authorized Representative Date
Administrative Services Manager III
In the case of inhabited (I2 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 titan 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 of
meeting
fill 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 waive), 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
ATTACHNT 3
N:\DEV1SUZANNEIANNEX,\TIOMENGLEWOODNO.8\ENGLEWOO€]NOS-LW.000 ❑oc Created: 5127/03
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. 8
Brief Description of Proposal:
This proposal is to annex a single .17 acre parcel of residential property 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: 16561 Englewood Avenue, Los Gatos, CA 95032
Assessor's Parcel Number: 532-07-022
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 Authori epresentative Date
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 0) & (d) of Government Code allowsfor waiver ofprotestproceedings if.-
Uninhabited area j§56663 11
Area with less than 12 registered voters
Inhabited area r§56663(d)J
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 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
ATTACHMENT 4
N:1DEIASUZANNDANNEXATnOMENGLEWOODN0.81ENGLEWOODNOB-SCCW.DOC Doe Created: 5127103