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La Rinconada No. 5MEETING DATE: 05/21/12 ITEM NO. CONSENT ITEM !ps ^G A .�pS COUNCIL AGENDA REPORT DATE: April 20, 2012 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER SUBJECT: ADOPT RESOLUTION MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED LA RINCONADA NO. 5, CONTAINING APPROXIMATELY .74 ACRES LOCATED AT 14795 LA RINCONADA DRIVE (APN: 409 -32 -001). FILE #AN12 -001. RECOMMENDATION Adopt a resolution making determinations and approving the reorganization of territory designated La Rinconada No.. 5, containing 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 that is either contiguous to a Town boundary, or within 300 feet of a Town maintained roadway if the use is intensified. The subject property is contiguous to a Town boundary on the west side. The property owner requested annexation in conjunction with an Architecture and Site application to construct anew 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 Town is required to hold a protest proceeding even if the area proposed for annexation is uninhabited and all property owners have consented to the annexation. This annexation was introduced at the May 7, 2012, Town Council meeting. PREPARED BY : Wendie R. Rooney, Director of Community Development Reviewed by: Assistant Town Manager Town Attorney Finance N: \DEV\TC REPORTS \2012 \LaRinconadallo.SPP.doc Reformatted: 5/30/02 Revised: 4 /20/12 10:11 AM PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: LA RINCONADA NO. 5 /AN12 -001 April 20, 2012 DISCUSSION The Town received a petition from Sargiz Isaac, owner of the property at 14795 La Rinconada Drive, requesting annexation to the Town of Los Gatos. The property is located in an unincorporated island of the County, within the Town's Urban Services Area boundary. The parcel is pre -zoned R -1 :12 (single family residential, 12,000 sq. ft. minimum lot size). Amlexation will allow Town services to be extended to the properties 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. Required notice of the annexation and waiver of protest proceeding was provided to Santa Clara County Planning and County Library Service Area. ENVIRONMENTAL ASSESSMENT Pursuant to Section 15061(b)(3) of the California Environmental Quality Act, annexation of the subject property is categorically exempt. 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 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 petitioner has also paid a $2,725 annexation fee to the Town. Once the anmexation is certified by the State Board of Equalization, the Town will receive 9.6% of the property taxes. Attachments 1. Resolution making determinations and approving the reorganization of territory designated as La Rinconada No. 5 (with Exhibits A & B) Distribution Sargiz Isaac, 4425 Stevens Creek Blvd., Santa Clara, CA 95051 WRR:SD:ct RESOLUTION 2012 - RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED LA RINCONADA NO. 5 APPROXIMATELY .73 ACRES LOCATED AT 14795 LA RINCONADA DRIVE APN: 409 -32 -001 ANNEXATION APPLICATION: AN -12 -001 PROPERTY OWNER: SARGIZ ISAAC 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 .73 acres located at 14795 La Rinconada Drive (APN 409 -32 -001), has been filed by Sargiz Isaac; 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 in initiated by resolution of the legislative body and therefore the Town Council of the Town of Los Gatos is now the conducting 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 Government Code for the annexation of property designated as La Rinconada No. 5, more particularly described in Exhibit A and B; ATTAcy MENT 1 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 of the Town of Los Gatos, California, held on the 21 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 N is }E:V \ILfi if,)s \2 {11 "F';L.dt Rinconadallo - Resd..'..doc 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 jfte basis for an offer for sale of the land described. D. Kristina D. Comerer, PLS 6766 Date: 20zz f ► - z- Rev. 3 h Z-- LS 6788 .° FiL EXHIBIT A of Attachment I 7 F�R�1om' // " "p t.7 t Ciy; O O eJ 6f rte p p LO p m w ® CN 1 lZ � 0 °wooer o V) CN JL Z F= = O ,Qv AST /£W g � o U N d a �� S LA R /Ar00N A DR a =axZ z c � ~ � eQac ti o zlit �o z C -0 O�1 �ooax� C C r ID 1 Z a��Zm� F- 0. W W CL f O � �v�io ® ZQ ° ' O , E 14 8.5 g L,.Ljyjy Lu yOWaZWO z 3 & .- (Q p Cq cv.e0.tim� zo O� �� �j 00 L1 TM .M ;c N �� Cr_ pQ of N V Q tiZ N cv1 to N � U q o o z� o 0 w' I Cl C,) C�1 t ® W ° m�wm C1Q Q o oo' N o I I W z 1 W 1 68- 4� i Lij o PC ® o gg6 0 0 g 13' �oz)zCA N �wo(nz oZ woz��Z U z Cl z? I or� W CO F- S W p a V � r. n-LDll D of Attachment 1