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09 Staff Report - Consent Item 15700 Blossom Hill RoadMEETING DATE: 06115109 ITEM NO. CONSENT ITEM COUNCIL AGENDA REPORT iQS sartas DATE: June 5, 2009 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER SUBJECT: ADOPT RESOLUTION APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED AS BLOSSOM HILL ROAD NO.23, APPROXIMATELY .31 ACRES LOCATED AT 15700 BLOSSOM HILL ROAD (APN: 527-08-019); FILE #AN09-02. RECOMMENDATION: Adopt a resolution approving the reorganization of territory designated Blossom Hill Road No. 23, approximately .31 acres located at 15700 Blossom Hill Road (APN: 527-08-019). BACKGROUND: The Town has an agreement with Santa Clara County that requires annexation of any property located within the Town's Urban Services Areaboundary 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 to rebuild a fire damaged residence. 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 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. DISCUSSION: The Town has received a petition from Terry Pries, owner of the property at 15700 Blossom Hill Road, requesting annexation to the Town of Los Gatos. The property is located in an unincorporated PREPARED BY: 'Wendie R. Rooney, Director of Community Development Reviewed by: Assistant Town Manager --(U(Town Attorney Clerk Finance ConnnunitY Development Reformatted: 5/30/02 Revised: 6/5/09 4:29 PM PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: BLOSSOM HILL ROAD NO. 23; FILE #AN09-02. June 15, 2009 "island" of the County (Attachment 1). The property is in the Town's Urban Services Area, is adjacent to a Town boundary and is pre-zoned HR-1 (Hillside Residential). 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 ASSESSMENTS: Annexation of the subject property is exempt for the California Environmental Quality Act guidelines, pursuant to Section 15061(b)(3). 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 (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 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. 7, with Exbibits A & B. 3. Protest Waiver, Santa Clara County 4. Protest Waiver, Library Service Area WRR:MM:mde Distribution: Terry Pries, P.O.Box 5211, San Jose, CA 95150 Michael Lopez, Planning Manager; Environmental Resources Agency, 7d, Flr; County Government Center, East Wing; 70 W. Hedding St, San Jose, CA 95110 N:1DEV\Marni\AnncxationslBlossom Hill Na.231Couneil report-final.doc 15700 Blossom Hill Road 0 MT-BIT I RESOLUTION 2009- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED BLOSSOM HILL ROAD NO. 23 APPROXIMATELY .31 ACRES LOCATED AT 15700 BLOSSOM HILL ROAD (APN: 527-08-019) 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 .31 acres located at 15700 Blossom Hill Road (APN 527-08-019) has been filed by Terry Pries; 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 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 Govermnent Code for the annexation of property designated as Blossom Hill Road No. 23, 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.31 acres. b. That the annexation is consistent with the orderly amnexation 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. EXHIBIT 2 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 HR-1 (Hillside Residential, rninimum lot size 1 acre) 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 mLrnicipal 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 (cld) 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 June 15, 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:1DEV\Ivl2irniV\nnexation%\Blossom Hill No.231Raso2.doc Sob No. 09-200 4-7-09 EXHIBIT "A" Blossom Hill Road No. 23 Annexation to the Town of Los Gatos All that certain property situated in the County of Santa Clara, State of California, particularly described as follows: Being portion of the South'/2 of Northwest 1/4, Section 14, T. 8 S. R. 1 W., M.D. B. & M., as follows: Beginning at the southwesterly corner of that certain annexation to the Town of Los Gatos known as Blossom Hill Road No. 22, thence southeasterly along the southwesterly line of said annexation also being the southerly right-of-way line of Blossom Hill Road- 65' wide, on a curve to the right, (1) with a radius of 950.00 feet, from a tangent bearing South 77° 52' 19" East through a central angle of 12° 40'22" a distance of 210.12 feet; to a point on said southerly right-of-way line, said point being the northeasterly corner of that certain parcel conveyed to Luciano Gualtieri by deed recorded March 10, 1925 in Book 141 Official Records, Page 501; thence southeasterly along the northeasterly line of said last mentioned parcel (2) South 10° 48' 00" East, 36.02 feet to the '/4 Section line East and West through the center of Section 14T8S. R1 W, M.D.B. & M; thence Westerly along said'/4 Section line also being the Northerly line of that certain 60.00 acre tract deeded to Rozelle L. Smilie by deed recorded March 12, 1935 in Book 722 Official Records, Page 304, Santa Clara County Records, (3) North 89'33'00" West, 185.40 feet to the Northwesterly corner of said 60.00 acre tract; thence along the Northeasterly right- of-way line of Camino Del Cerro- 50' wide, also being the northeasterly line of that certain annexation to the Town of Los Gatos known as Camino Del Cerro No. 9, (4) North 07° 43'30" West. 1.56 feet; thence (5) North 11° 28'00" West, 100.80 feet to the point of beginning and containing 0.307 acres of land more or less. 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. (3 SS' LLI `SA a_ ° S Z Z . a. _r Q L0 o ors 7 O CZ Q Aj m d 3 0 OD H d O F W En E-- Ln cl: 0 z 00 0 w ti 0 z 0 0 IL 0 z w m -10 o~ o~ a U D Q O X J N sY :2 0 0 z 0 U7 Q m d J 'X ~o eC~l !2 (o >n 0 I n I N Lo Z a a •slk 7 f Q 0 Q Ca 0 0 I n N Ln z a Q .Z N U ~ ~J 11 0 a ry -0. C! N / O LAL Cb 0 N N ~4 cv 9! o IN z o a Q CI? O O C) ~o~4. 01 o p Q 10'48-u ~ a z 36 a2 0 0 ~ o , z o zQ zLo o lo L co T N I N n l 0 co IQ w I rn r co o `U OI 010 U ~ Q N LrJ LL 0 Z Z OI-JZH Z Z~Lou: Z 0J z m a Zo ao 0 LLJ a U (f) ~ o (n Z x0 F- cr~O 0 LLI J U] a J a p I m z I L LLJ J Q II U ~ ~ LL 00 O ,°n w N II LL `n - - m z z = ~ a V Z Q Q o f Q o I ED in o to LL 1 N 0 n r L` ° N Q O o z u~~ Oa NO O z W o o rn z r, I a¢ ! I O J O U F- Q (o a z K) l z I o I Ld- U LL Lt y Z: U N f n Z 0 Of Z W Z IL ¢ Q ~ I- QLL o -'1 / (5) N1i'2.8 OQ,.w oa-<Q u) o 0 C) -i a Q - i N 0 CAM N cqN ° OFRRo :D (n Q m m m f L r ~ z F.. Lo LsJ 7Y pE ° RO opELN CERRp ~ZX: C E R 0ir 1 N w- M o ~0z° m A' QQ00°0Q Q O QW V) J c~``oam~ DATE: 4-7-09 SCALE: 1 "=50' DRAWN BY: SK DESIGNED BY: TJS JOB NO.: 07-309 PAGE: 1 OF 1 EXHIBIT B BLOSSOM HILL ROAD ANNEXATION NO. 23, TO TOWN OF LOS GATOS, CA TS CIVIL ENGINEERING, INC. 1776 TECHNOLOGY DRIVE E SAN JOSE, CA 95110 V-..gA----7CIVL %6lMP,,lN6 PH: 408.452.9300 FAX: 408.452.9301 w~ f x * NO. L3885 10' B-30-l0 ~~41k~ OFiCA RECEIVED MAY 0 5 2009 CONSENT TO WAIVE PROTEST PROCEEDINGS TOWN OF LOS GATOS This form must be completed by agencies losing or gaining territory if they dpsl hi M$P~~~ION proceedings be waived. DESIGNATED TITLE OF PROPOSAL: Blossom Hill Road No. 23 Brief Description of Proposal: This proposal is to annex a single .307 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: 15700 Blossom Hill Road, Los Gatos, CA 95032 Assessor's Parcel Nurnbcr: 527-08-019 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). r ) Signature of Authorize Representative Date AMA, 44.- 'T'itle of Represe tative 41 In the case of inhabited (12 of more registered votes) or uninhabited city or district annexations or detachments or both, §56663 9 & (d) of Covernmeni Code allovils,far waiver of protest proceedings rf Uninhabited area 1§56663c9l Area with less than 72 registered voters Inhabited area 1§56663(d)/ Area with 12 or more registered voters All owners of land within affected area consent to Town provided wrilten notice (af proiect and T'own's annexation intent to not hold a protest proceeding) to all properly owners and registered voters and ifno written opposition is received fr•orn them prior- to conclusion of rneeling 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 If at thepublic hearing there is opposition expressedregarding the proposal or Torun Council ;S intent to waiveprotest proceedings, then protest proceeding will be required. Enclosures: Detailed Map and Description of proposal N:1f]1:V15U"/,,ANN[IANNIiXrl7lON5131,pS5pT•1 HILL NO 2MBHRN023-SCOW,D0C EXHIBIT 3 CONSENT TO WAIVE PROTEST PROCEEDINGS This form must be completed by agencies lasing or gaining territory if they desire ~t~q a pro Is D proceedings be waived. MAY 4 2009 DESIGNATED TITLE OF PROPOSAL: Blossom Hill Road No. 23 TOWN OF LOS GATOS PLANNING DIVISION Brief Description of Proposal: This .pro.po_sai is to annex a single .307 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: 15700 Blossom Hill Road, Los Gatos, CA 95032 Assessor's Parcel Number: 527-08-019 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). Signat e. of Authorized Representative Date Administrative Services Manager III In the case gl'inhabited (12 of more regislered voters) or uninhabited cily or district annexations or detachments or both, §56663 9 & (d) of Government Code allows for waiver of prolest proceedings if Uninhabited area 1§5665391 Area with less than 12 registered voters Inhabited area 1§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 annexation intent to not hold a prole.St proceeding) to all property owners and registered voters and if no written opposition is received frorn 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 of prolest proceedings written consent to waiver of protest proceedings If at the public hearing there is opposition expressed regarding the proposal or Tb-rs,n Council's inteal to waive prolest proceedings, then protest proceeding will be required. Enclosures: Detailed Map and Description of•proposal NADEV\SUZANNMANNF.XAT1 OMBLOSSOM )[ILL NO. 23\J1 I WN023-LIN-DOC EXHIBIT 4