La Rinconada No. 5y aw n aF
DATE:
TO:
FROM:
SUBJECT:
COUNCIL AGENDA REPORT
April 20, 2012
MEETING DATE: 05/07/12
ITEM NO.
CONSENT ITEM
MAYOR AND TOWN COUNCIL
GREG LARSON, TOWN MANAGER
ADOPT RESOLUTION SETTING DATE FOR CONSIDERATION OF
REORGANIZATION OF AN UNINHABITED AREA DESIGNATED AS LA
RINCONADA NO. 5, APPROXIMATELY .73 ACRES LOCATED AT 14795
LA RINCONADA (APN: 409 -32 -001); FILE ##AN12 -001.
RECOMMENDATION
Adopt resolution setting date for consideration of reorganization of uninhabited area designated as La
Rinconada No. 5, approximately .73 acres located at 14795 La Rinconada Drive (APN: 409 -32 -001).
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 contiguous to a Town boundary or
within 300 feet of a Town maintained roadway if the use is intensified. The property owner has
requested annexation in conjunction with an Architecture and Site application for a new single -
family 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.
PREPARED BY : Wendie R. Rooney, Director of Community Development 61b
Reviewed by: Sj Assistant Town Manager Town Attorney — / 1') , Finance
N : \DEV\TC REPORTS C2012\LaRinconadallo.5-intro.doe Reformatted: 5/30/02 Revised: 4/20/12 9:46 AM
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: LA RINCONADA NO. 5 /FILE #AN12 -001.
April 20, 2012
DISCUSSION
The Town has received a petition requesting annexation to the Town of Los Gatos from Sargiz Isaac,
owner of the property at 14795 La Rinconada. The property is located in an unincorporated island of
the County known as La Rinconada.
The property is in the Town's Urban Services Area, is contiguous to a Town boundary, and is pre -
zoned R -1:12 (single family residential, 12,000 square feet 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 been notified of the annexation
request. The protest proceeding has been scheduled for May 21, 2012.
ENVIRONMENTAL ASSESSMENTS
Annexation of the subject property is exempt from 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 have been paid by the petitioner:
County Surveyor Map, legal description and guideline checking fee
$2,000.00
County Assessor's fee
$80.00
LAFCO processing fee
$1,154.00
State Board of Equalization fee
$300.00
The petitioners also paid an Annexation Fee of $2,725.00 to the Town.
Once the annexation is certified by the State Board of Equalization, the Town will receive 9.6% of
the property taxes.
Attachments:
1. Location snap
2. Resolution making determinations and approving the reorganization of territory designated La
Rinconada No. 5, with Exhibits A & B.
Distribution
Sargiz Isaac, 4425 Stevens Creek Blvd., Santa Clara, CA 95051
WRR:SD:ct
IE
Santa Clara County
ATTACEMNT 1
RESOLUTION 2012 -
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
SETTING DATE FOR CONSIDERATION OF REORGANIZATION
OF UNINHABITED TERRITORY DESIGNATED
LA RINCONADA NO. 5,
PROPERTY LOCATED AT 14795 LA RINCONADA DRIVE;
APPROXIMATELY .73 ACRES (APN: 409 -32 -001)
WHEREAS, the Town Council of the Town of Los Gatos has received a request for
annexation of territory designated La Rinconada No. 5 from Sargiz Isaac: and
WHEREAS, the property, .73 acres at 14795 La Rinconada Drive, APN: 409 -32 =001, is
contiguous to the Town of Los Gatos and within the Town's 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 25 years ago pre- zoning the
subject territory with an R -1:12 (single family residential, 12,000 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 California
Environmental Quality Act guidelines, pursuant to Section 15061(b)(3); and
WHEREAS, the County Surveyor of Santa Clara County has found the description and map
(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
ATTACMENT 2
WHEREAS, Govermnent 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;
NOW, THERE FORE, 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 La Rinconada No. 5 at its regular meeting of May 21, 2012.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 7 th day of May, 2012, 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
iv:il: >I::iv1Rl: St::) si1012 \[.;iFtiiiconadnrd,.i••[2<ssi I.aa:
EXHIBIT 'A'
LA RINCONADA NO. 5
GEOGRAPHIC DESCRIPTION
All that certain property in the Unincorporated area of Santa Clara County, State of
California, situate in the Rancho Rinconada de Los Gatos, being Lot 26 as shown on
that certain map entitled "TRACT NO. 1052, COUNTRY CLUB VISTAS, UNIT NO. 2 ",
filed on August 26, 1952 in Book 40 of Maps at page 16, Santa Clara County records,
being a portion of Lots 2 & 4 of the Albright Partition, more particularly described as
follows;
BEGINNING at an angle point in the general easterly line of that certain Certificate of
Completion entitled "La Rinconada No. 4" annexation to the Town of Los Gatos,
recorded as Document No. 10062165 of Official Records, said Santa Clara County
records, said angle point being the southeasterly corner of Lot 11 at the intersection
with the southwesterly corner of a 10 foot wide Pedestrian Way as shown on that
certain map entitled "TRACT NO. 632, LA RINCONADA KNOLLS ", filed on August 27,
1951 in Book 34 of Maps at page 21, said Santa Clara County records, said point being
the southeasterly terminus of course number 9, as listed in said Certificate of
Completion;
Thence southeasterly along said general easterly line of Certificate of Completion,
South 13° 40' East, 996.20 feet, to the northwest corner of said Lot 26 of
aforementioned TRACT NO. 1052, being the TRUE POINT OF BEGINNING;
Thence (1) leaving said general easterly line of Certificate of Completion, along the
northerly line of said Lot 26, North 82 08' 50" East, 201.03 feet, to the northeast corner
of said Lot 26, said corner being on the westerly right of way line of La Rinconada Drive
(60' wide) as shown on said TRACT NO. 1052;
Thence (2) leaving said northerly line, along the easterly line of said Lot 26 and said
right of way line, South 13" 40' East, 148.53 feet, to the southeast corner of said Lot 26;
Thence (3) leaving said easterly line, along the southerly line of said Lot 26, South 76
20' West, 200.00 feet to the southwest corner of said Lot 26 and said general easterly
line of said Certificate of Completion;
Thence (4) leaving said southerly line, along the westerly line of said Lot 26, North 13
40' West, 168.90 feet, to the TRUE POINT OF BEGINNING and containing 0.729 acres
of land, more or less.
END OF DESCRIPTION
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 e basis for
an offer for sale of the land described.
L AND
Kristina D. Comerer, PLS 6766..���
Date; 2-122- Rev. 3 / ?- d h2--
LS 0786
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EXHIBIT A
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