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04 Staff Report - Consent item 16511 Topping Way~oyN H MEETING DATE: 08/03/09 ITEM NO. CONSENT ITEM COUNCIL AGENDA REPORT tp~ GA DATE: July S, 2009 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER SUBJECT: ADOPT RESOLUTION SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AN UNINHABITED AREA DESIGNATED AS TOPPING WAY NO. 6, APPROXIMATELY.24 ACRES LOCATED AT 16511 TOPPING WAY (APN: 532-09-002); FILE #AN09-03. RECOMMENDATION: Adopt resolution setting date for consideration of reorganization of uninhabited area designated Topping Way No. 6, approximately .24 acres located at 16511 Topping Way (APN: 532-09-002). 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 adj scent to a Town boundary or within 300 feet of the Town limits if the use is intensified. The property owner has requested annexation independent from any development applications with the Town. It is expected that an Architecture and Site application for a new residence will be filed 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 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. N PREPARED BY: Wendie R. Rooney, Director of Community Development Reviewed by: U Assistant Town Manager kl-/Town Attorney Cled:f3. 09 Y0Finance Communlty Development Revis 1 PM Reformatted: 5130102 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: TOPPING WAY NO. 6; FILE #AN09-03. July 8, 2009 DISCUSSION: The Town has received a petition from David & Heidi Zinrnan, owners of the property at 16511 Topping Way, 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 in the Town's Urban Services Area, is 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." Santa Clara County Planning and the County Library Service Area have consented to waive protest proceedings. The protest proceeding has been scheduled for August 17, 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 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 of $2,624.00 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: I . Location map 2. Resolution making determinations and approving the reorganization of territory designated Topping Way No. 6, with Annexation Exhibits A& B. Distribution: David & Heidi Zinrnan, 1400 Carlos Avenue, Burlingame, CA 94010 Michael Lopez, Planning Manager; Environmental Resources Agency, 7th Flr; County Government Center, East Wing; 70 W. Hedding Street, San Jose, CA 95110 N:IDEVISUZANNE1CouncillReports)AnnexationlToppingNo.6-intro.doc Topping Way No. 6 16511 Topping Way Attachment 1 RESOLUTION 2009 - RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF UNINHABITED TERRITORY DESIGNATED TOPPING WAY NO. 6, PROPERTY LOCATED AT 16511 TOPPING WAY; APPROXIMATELY.24 ACRES (APN: 532-09-002) WHEREAS, the Town Council of the Town of Los Gatos has received a request for annexation of territory designated Topping Way No. 6 from David & Heidi Zinman; and WHEREAS, the property,.24 acres, more or less, at 16511 Englewood Avenue, APN: 532- 09-002, 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 of Town services; and WHEREAS, 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; and WHEREAS, the Town of Los Gatos, as Lead Agency for environmental review for the reorganization has determined annexation of the subject property is exempt for the California Environmental Quality Act guidelines, pursuant to Section 15061(b)(3); and WHEREAS, the County Surveyor of Santa 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 annexation policies; and WHEREAS, as provided in Government Code Section 56757, the Town Councils of the Town of Los Gatos shall be the conducting authority for a reorganization including an annexation to the Town; and WHEREAS, the territory is uninhabited and all owners of land included in the proposal have consented to this 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; Attachment 2 NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Los Gatos hereby initiates annexation proceedings and will consider annexation to the territory designated as Topping Way No. 6 at their regular meeting of August 17, 2009. PASSED AND ADOPTED at a regular meeting of the Town Council held on the 3', of August 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 N:IDEV1SUZANNRAnnexalion\ToppingNo.6-I65 1llToppiogNo&Re I.doc on LAND SURVEYING 270 Pelican Court • Foster City, CA 94404 BRYAN S. TAYLOIRp IND. TEL: 650.212.1030 FAX: 650.212.1031 Serving the San Francisco Bay Area CA State Licensed Land Surveyor Number: 7551 TOPPING WAY NO.6 ANNEXATION TO THE TOWN OF LOS GATOS Lands of Zinman - portion of Rancho Rinconada De Los Gatos Situate in the County of Santa Clara, State of California, and being Lot 69, as shown on that certain map entitled, "Tract No. 328, Kenwood Acres...." filed in the office of the Recorder of the County of Santa Clara, State of California, on June 25, 1946 in Book 10 of Maps at pages 56, being more particularly described as follows: BEGINNING at the most northeasterly corner of said Lot 69, said point also being the most northwesterly corner of the parcel annexed to the Town of Los Gatos adopted by Resolution entitled "Topping Way No. 2", on September 15, 2003. thence along the easterly line of said Lot, and along the westerly boundary of the Town of Los Gatos per said Resolution, South 12°08'15" West, a distance of 131.24 feet, to the most southeasterly corner of said Lot, being a point on the northerly line of the parcel annexed to the Town of Los Gatos adopted by Resolution entitled "Topping Way No. 5", on May 08, 2008; 2. thence along the southerly boundary of said Lot, and along said Resolution, North 77°51'45" West, a distance of 80.00 feet, to the southwesterly corner of said Lot; 3. thence leaving said Resolution, along the westerly line of said Lot, North 12°08'15" East, a distance of 131.64 feet, to the northwesterly corner of said Lot; 4. thence along the northerly line of said Lot, South 77°34'15" East, a distance of 80.00 feet, to the Point of Beginning; Containing an area of 10,515 square feet (0.24140 acres), more or less END OF DESCRIPTION The herein described annexation parcel is shown on the attached map, Exhibit B, of this legal description, and is made a part hereof. This description was prepared by me from record data, and shall not be used in any conveyance which may be in violation of the Subdivision Map Act. Bryan G. Taylor, PLS License No. 7551, Expires 12131/09 Job: 09-054 \J~,ND SU1~ G. Fri l-~o >:XPt~ at{a9 " `NUJ. -7551 0 c- 2?- J1 J S . 2c1 d3 Date Page 1 of 1 POIN T OF Q S 77°34'15" E 80.00' BEGINNING (0 -1 w ao N Z r'Fl,4 C -T li 0 -;),r(j- J~ V-11YOD-D : A r`r1~ JOK Jo 56 N lwn LOT 69 LANDS OF ZINMAN APN 532- 09- 002 10,515 SQ. FT± 0.24140 ACRES± ( N 77°51 '45" W 80.00' - ANNEXATION "TOPPING WAY NO. 5" APN 532-09-027 BY RESOLUTION NO. 2008-045 _ MAY 08, 2008 TOPPING WAY (60' WIDE RIGHT OF WAY) DISCLAIMER / Jr ~,,pMD SU G. 1q y EX Ito N0.7551 OF 0 p'r J I 1 30 0 15 30 60 Z- (IN FEET) I00 1 INCH = 30 FEET ANNEXA TION r I "TOPPING WAY NO. 2" Q APN 532-09-001 S BY RESOLUTION NO. 2003-11 SEP T 15, 2003 Q ~ d ~ -'}-EXISTING CITY LIMITS LINES (STREET CENTERLINE) 0 W) 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, 85 ~o- o~ SARATOG 17 AVE. ENGLEWOOD AVE. 0 v SHANNON RD, HILOW RD sITE 11 o_ VICINITY MAP - NOT TO SCALE PLAT ACCOMPANYING LEGAL DESCRIPTION ANNEXATION - TOPPING WAY NO.6 LAND SURVEMNE3 BRYAN 13. TAYLOR, IN13. EXHIBIT 'B' RANCHO DE LOS GATO OS DA I SCALE 30 S OF 1 270 PELICAN! COURT - FOSTER CITY, CA 94404 I SANTA CLARA COUN TY I DATE JOB TEL: 650.212-1030 FAX: 650.212-1031 CALIFORNIA 06/09 09-054