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.
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DATE:
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SCALE:
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DRAWN BY:
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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
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* 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