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2010101805 - 16417 PEACOCK LANE AND 16200 SHANNON ROADtown of MEETING DATE: 10/18/10 / ITEM NO. _ Y,,,.., ~ CONSENT ITEM j ~ i. COUNCIL AGENDA REPORT !ps GAtOS DATE: October 5, 2010 TO: MAYOR AND TOWN COUNCIL FROM: GREG CARSON, TOWN MANAGER SUBJECT: ADOPT RESOLUTION SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AN UNINHABITED AREA DESIGNATED AS PEACOCK LANE NO. 2, APPROXIMATELY 2.8 ACRES LOCATED AT 16417 PEACOCK LANE AND 16200 SHANNON ROAD (APNs: 532-02-028 & 075); FILE #AN10-002. RECOMMENDATION: Adopt resolution setting date for consideration of reorganization of uninhabited area designated as Peacock Lane No. 2, approximately 2:8 acres located at 16417 Peacock Lane and 16200 Shannon Road (APNs: 532-02-028 & 075). BACKGROUND: The Town has an agreement with Santa Clara County that requires annexation of any property located within the Tol~ai's Urban Services Area bowidaly and contiguous to a Town boundary or within 300 feet of a Town maintained roadway if the use is intensified. The property owner at 16417 Peacock Laue has requested annexation in conjunction with a future Architecture and Site application for an addition to and significant remodel of the existing residence. The owner of 16200 Shannon Road has requested amlexation independent of a development application. Section 56757 of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 gives the cities in Santa Clara County the authority to almex territory without application to and heariig by the Santa Clara County Local Agency Formation Commission (LAFCO). The process is initiated by the Town after the property owner files an alulexation 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 amlexation. Tlnis first meeting and resolution sets the date for the protest proceeding. PREPARED BY: Wendie R. Rooney, Director of Community Development Reviewed by,:,-~tl~~.~4' Assistant Town Manager own Attorney Clerk SGFinalnce ;,~n,~j COminUlllty DBVelOplllellt Revised:l0/~/10 12:46 PM Refonnatted:5/30/02 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: PEACOCK LANE NO. 2; FILE #AN10-002. October 6, 2010 DISCUSSION: The Town has received a petition requesting aimexation to the Town of Los Gatos from Erik Vanderburg, owner of the property at 16417 Peacock Lane; and Daniel Bainbridge, owner of the property at 16200 Shamion Road. The properties are located in an unincorporated island of the County. The armexation includes the Peacock Lane light-of--way. The properties are in the Town's Urban Services Area, are contiguous to a Town boundary, and are pre-zoned R-1:20 (single familyresidential, 20,000 square feet minimum lot size). Armexation will allow Town services to be extended to the properties and help fill an existing County "island." Santa Clara County Plamiing and the County Library Service Area have consented to waive protest proceedings. The protest proceeding has been scheduled for November 1, 2010. ENVIRONMENTAL ASSESSMENTS: Amiexation of the subject properties is exempt from the California Enviromnental Quality Act guidelines, pursuant to Section 15061(b)(3). FISCAL IMPACT: The following fees are assessed by Santa Clara County, LAPCO, and the State Board of Equalization, and are paid by the petitioner: Ma ,Legal Description, and Guideline Checking Fees $2,000 (paid) LAFCO Processing Fee $1,154 State Board of Equalization Fee $350 The petitioners also paid an Amlexation Fee of $1,346.00 to the Town. Once the annexation is certified by the State Board of Equalization, the Town will receive 9.6% of the property taxes. Attaclunents: Resolution making determinations and approving the reorganization of ten~itony designated Peacock Lane No. 2, with Exhibits A & B. Distribution: Erik Vanderbrtrg, 16417 Peacock Lane, Los Gatos, CA 95032 Dan Bainbridge, 16200 Shannon Road, Los Gatos, CA 95032 Michael Lopez, Planning Manager; Environmental Resources Agency, 7°i Floor; County Government Center, East Wing; 70 W. Hedding Sheet, San Jose, CA 95110 N:\DE V \SUZANNE\Council\Iiep oits\Ann exati on\PeacockNo.2-intro. d oc RESOLUTION 2010 - RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF,LOS GATOS SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF UNINHABITED TERRITORY DESIGNATED PEACOCK LANE NO. 2, PROPERTY LOCATED AT 16417 PEACOCK LANE & 16200 SHANNON ROAD; APPROXIMATELY 2.8 ACRES (APNs: 532-02-028 & 075) WHEREAS, the Town Council of the Town of Los Gatos has received a request for annexation of territory designated Peacock Lane No. 2 from Erik Vanderburg and Daniel Bainbridge; and WHEREAS, the property, 2.8 acres (inclusive of the Peacock Laneright-of--way) at 16417 Peacock Lane and 16200 Shannon Road, APNs: 532-02-028 & 075, is contiguous to the Town of Los Gatos and within the Town's urban service area; and WHEREAS, the following special dishicts 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-1:20 (single family residential, 20;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 from the_Califomia Environmental Quality Act guidelines, pursuant to Section 15061(b)(3); and WHEREAS, the County Surveyor of Santa Clara Countyhas found the description andmap (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 Govenunent 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, Goverrunent Code Section 56663(x) provides that if a petition for amiexation is signed by all owners of land within the affected temtory the Town Council may approve or disapprove the annexation 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 annexation to the territory designated as Peacock Lane No. 2 at their regular meeting of October 18, 2010. PASSED AND ADOPTED at a regular meeting of the Town Council held on the 1 ~` day of November, 2010 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'1UENSUZANNEIAnnezaeion~PeacockNa..? W eacockNo2-Reso Ldoc EXHIBIT A ANNEXATION LINE OF PEACOCK LANE N0.2 TOWN OF LOS GATOS Situate in Rancho Rinconada De Los Gatos, County of Santa Clara, State of California Being all of the lands conveyed to Erik J Van Der Burg and Patti G Van Der Burg, trustees of the Van Der Burg Revocable Inter Vivos Trust, by Grant Deed dated September 30, 2004 and recorded April 13, 2005 as document number 18320717 of Official Records, Santa Clara, County Records and; Being all of the lands conveyed to Daniel C. Bainbridge and Mary-Lynne T. Bainbridge, husband and wife, or Successor(s), Trustees of the Bainbridge Family Trust, by Grant Deed dated June 22, 1988 and recorded April 13, 2005 as document number 9816345 of Official Records, Santa Clara County Records and being more particularly bounded and described as follows to wit: Beginning at the point of intersection of the southern right-of-way line of Shannon Road with the westerly line of that certain annexation entitled "Blossom Hill No. 2,' also being the northeastern corner of Lot 1, as said lot is shown and delineated on that certain Tract Map entitled "Tract No. 527 A.C. Marsh Subdivision,' recorded July 12, 1948 in Book 18 of Maps at Page 51, Santa Clara County Records. Thence from said point of beginning leaving said western annexation line and along said southern right-of-way Tine of Shannon Road [i ]North 78 ° 54' West 115.00 feet to the eastern right- of-way line of Peacock Lane as shown on said aforementioned Tract Map; thence along said eastern right-of-way line of Peacock Lane [2] along a curve concave to the southeast with a radius of 20.00 feet through a central angle of 91 ° 00' 00" and a distance of 31.77 feet; thence continuing along said eastern right-of-way line of Peacock Lane [3] South 10° 06' West 318.68 feet; thence [4] along a curve concave to the north with a radius of 40.00 feet through a central angle of 91 ° 00' 00" and a distance of 63.53 feet to the southeast corner of Parcel Two of said Lands of Van Der Burg; thence leaving said line of Peacock Lane along the southwestern boundary of Parcel Two of Said Lands of Van Der Burg [5] North 78° 54' West 8.74 feet to the northeast corner of that certain annexation entitled 'Peacock Lane No. 1,' and recorded as document number 14562220, Official Records of Santa Clara County; thence along said last mentioned boundary [6] North 78 °54' W est 20.00 feet to an angle point in the northeasterly line of that certain annexation entitled'Bonnie Lane No. 4,' and recorded as document number 7660170 of Official Records, Santa Clara County Records; thence leaving said annexation line of Peacock Lane No.1 and along said annexation line of Bonnie Lane No. 4, the following courses and distances: [7] North 78°54' West 138.74 feet to an angle point therein; E%HIBIT A [8] North 12° 00' East 8.83 feet to an angle point; [9] North 78° 56' West 62.43 feet to an angle point; [10] North 10° 59' East 110.00 feet to an angle point; [11] North 9° 29' East 75.00 feet to the southeastern corner of that certain annexation entitled'Shannon Road No. 4;' thence leaving said annexation line of Bonnie Lane No. 4 and along the easterly annexation line of said Shannon Road No. 4 [12] North 9° 29' East 216.00 feet to an angle point; thence [13] North 6° 12' 53"West 20.95 feet to an angle point in the southwesterly annexation line of said Blossom Hill No. 2; thence leaving said annexation line of Shannon Road No. 4 and along said annexation line of Blossom Hill No. 2 [14] South 78° 54' East 413.00 feet to an angle point; thence [15] South 10°06' West 50.01 feet to the point of beginning, and Excepting therefrom. Lots 7, 8 and 9, as said lots are shown and delineated on that certain Tract Map entitled 'Tract No. 527 A.C. Marsh Subdivision,' recorded July 12, 1948 in Book 18 of Maps at Page 51, Santa Clara County Records, and Being a parcel of 2.80 acres, more or less For assessment purposes only. This description of land is not a legal propertydescription as defined in the Subdivision Map Act and may not be used as the basis for any offer for sale of the land described. Surveyed and Compiled in July 2010 by Dunbar and Craig Land Surveys, Inc. File no. 2010-097 Drawn By JPH Checked By _ September 15, 2010 CURT G. DUNBAR PLS 5615 RENEWAL DATE 9/30/10 ~~ W I z 6 a I w I z z o I; Qa 8 ~ 8 ~ ~. ~^ o ~ mADV EAR SMANRM R4 ~ y d ~ i i aW~ RD s° ~ 3 8 ' gg ~ F ~ 8 ~ ' +2 a` X cR a `x q ~" xvwx wpr g IxoEa vrz Cj~F YMWYWi 0.V. VICININ MAP xm ro swE .'EXISTING TOWN LDA ESTABLISHED B' SHANNON ROAD N0. 4 A' TO THE TOWN OF LOS °EXISTINC TOWN LIMITS A: EHTAHLLSdEO BY HONNO; LANE ND. 4 ANNE%ATfON. DO TO THE TOWN OF L09 GATO LEG4~D PflWdaS- msmlcT RWNDARY EYJSTxG olsmlcr .- ..-.-- RwxopflY AREA TO BE pNNEYID TO THE F' : iDMN Of LOS GpT05 ~ . E%[EPTON TO ANNdAIION i0 ME //~'% ~ Tartu or Las tyros / /,'. , pNNE%ATON MFA=2.E0 ACAEE GRAPHIC SCALE ( nt Tzee ) t Imh = 90 M1 DISCLAIMER fd1 A55691FHT MAiMES IXiLT THIS EEYPoGMN GF lM9 IS NDT A IECIl PRW1T! pFSOtlPTg1 AS CENNEO & TIE 91BMN9g1 YAP ACT AVY WY NJi H VEED AS 1XE BA9S FOrt IH CiiFA EN£ CF TIE VNY DESCPo®. W1E ME ffiIBIT B