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Englewood Avenue No. 10 Reorganization♦ wN °" MEETING DATE: 02/18/14 ITEM NO. COUNCIL AGENDA REPORT DATE: February 6, 2014 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 ENGLEWOOD AVENUE NO. 10, APPROXIMATELY .58 ACRES LOCATED AT 16600 ENGLEWOOD AVENUE. APN 532 -08 -056. FILE #ANI3 -005. RECOMMENDATION: Adopt resolution setting date for consideration of reorganization of uninhabited area designated as Englewood Avenue No. 10, approximately .58 acres located at 16600 Englewood Avenue (APN: 532 -08 -056). 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. Annexation has been requested in advance of submittal of 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 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: SANDY L. BAILY, J U'6 Director of Community Development Reviewed by: Z_ Assistant Town Manager —U-5-own Attorney Finance N:\DEV\TC REPOR7S12014\EnglewoodNolO- intm.dm Refmmaped: 5/30/02 Revised: 2/6/14 7:49 AM PAGE MAYOR AND TOWN COUNCIL SUBJECT: ENGLEWOOD AVENUE NO. 10/FILE #AN13 -005 February 6, 2014 DISCUSSION: The Town has received a petition requesting annexation to the Town of Los Gatos from Valy Jalalian, owner of the property at 16600 Englewood Avenue. The property is located on the north east corner of Englewood Avenue and Littlefield Lane, in an unincorporated County island. The property is in the Town's Urban Services Area, is contiguous to a Town boundary, and is pre - zoned R -1:8 (single family residential, 8,000 square feet minimum lot size). Annexation will allow Town services to be extended to the property and help fill in an existing County "island." Santa Clara County Planning and the County Library Service Area have been notified in writing of the annexation request. The protest proceeding has been scheduled for March 3, 2014. 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 $2,037.00 County Assessor's fee $67.00 LAFCO processing fee $1,154.00 State Board of Equalization fee $300.00 The petitioner also paid an Annexation Fee of $2,875.00 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 map 2. Resolution setting the date for consideration of reorganization of uninhabited territory designated Englewood Avenue No. 10, including Exhibits A & B. Distribution: Valy Jalalian, 140 Clover Way, Los Gatos, CA 95032 SLB:SA:ct Enclewood Avenue No. 10 Town; pV Los` Gatos, °M . L /TrtEplet tN f o� Town of Los Gatos ® Proposed Annexation Area Feet 0 12.525 50 75 0 ATTACHMENT 1 This Page Intentionally Left Blank RESOLUTION 2013 - RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF UNINHABITED TERRITORY DESIGNATED ENGLEWOOD AVENUE NO. 10, PROPERTY LOCATED AT 16600 ENGLEWOOD AVENUE APPROXIMATELY .58 ACRES (APN: 532 -08 -056) WHEREAS, the Town Council of the Town of Los Gatos has received a request for annexation of territory designated Englewood Avenue No. 10 from Valy Jalalian; and WHEREAS, the property, .58 acres located at 16600 Englewood Avenue, APN: 532 -08 -056, is contiguous to the Town of Los Gatos and within the Town's urban service area; and WHEREAS, the following special district 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 -1:8 (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 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 Council 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 ATTACHMENT 2 WHEREAS, Government Code Section 56663(a) provides that if 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, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Los Gatos hereby initiates annexation proceedings and will consider annexation of the territory designated as Englewood Avenue No. 10 at its regular meeting of March 3, 2014. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 18th day of February, 2014, 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: \DEV \RESOS\2014 \EnglewoodNoI O -Resol dm EXHIBIT'A' ANNEXATION TO THE TOWN OF LOS GATOS ENGLEWOOD AVENUE NO. 10 GEOGRAPHIC DESCRIPTION All that certain property situate in the Unincorporated Area of the County of Santa Clara, State of California, being Lot 14 as shown on the map entitled "TRACT NO. 328 KENWOOD ACRES ", filed on June 25, 1946 in Book 10 of Maps at Page 56, Santa Clara County records and portions of Englewood Avenue and Littlefield Lane; being a part of Section 22, Township 8 South, Range 1 West, Mount Diablo Meridian, more particularly described as follows: BEGINNING at the northeasterly corner of that certain annexation entitled "Englewood Avenue No. 4" Annexation to the Town of Los Gatos, said point being on the southwesterly line of Littlefield Lane, 60.00 feet wide, and being the northeast corner of Lot 13, as shown on said map of Tract No. 328; Thence along the general northerly line of said "Englewood Avenue No. 4 ", (1) North 73° 20'46" West, 147.31 feet, to the point of intersection with the northwesterly line of Englewood Avenue, 50.00 feet wide; Thence (2) leaving said northerly line of "Englewood Avenue No. 4 ", along said northwesterly line of Englewood Avenue, North 33° 18' 00" East, 154.04 feet to a southerly angle point of that certain annexation entitled "Englewood Avenue No. 6" Annexation to the Town of Los Gatos; Thence (3) leaving said northwesterly line of Englewood Avenue, along the general southwesterly line of said "Englewood Avenue No. 6 ", South 560 42'00" East, 50.00 feet to the most southerly corner of said "Englewood Avenue No. 6" annexation; Thence (4) leaving said general southwesterly line, along the southeasterly line of said "Englewood Avenue No. 6" annexation, North 330 18'00" East, 59.22 feet to the most northerly corner of said Lot 14; Thence (5) leaving said southeasterly line, along the northeasterly line of said Lot 14, South 730 20' 45" East, 95.12 feet to the most easterly corner of said Lot 14; Thence (6) leaving said northeasterly line, along the southeasterly line of said Lot 14, and the southwesterly prolongation, South 330 18' 00" West, 198.31 feet to the POINT OF BEGINNING and containing 0.583 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 the basis for an offer for sale of the land described. �— Kla;�r,a p .Caney Kristina D. Comerer, PLS 6766 Rev. Date: T" Zoi 20 IOr- Q ' LS 6756 i 01-11' EXHIBIT A of Attachment ?- �OF E?AUF�Pa`P This Page Intentionally Left Blank DISCLAIMER: 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. LAN kD LS 6766 Ep.9 .b 4 TOWN OF LOS GATOS ENGLEWOOD AVENUE NO. 6 ANNEXATION LOCATION EXHIBIT B PROPOSED ANNEXATION TO TOWN OF LOS GATOS ENGLEWOOD AVENUE NO. 10 LYING WITHIN UNINCORPORATED AREA OF SANTA CLARA COUNTY, CALIFORNIA SCALE: 1" = 60' NOVEMBER 2013 SECTION 22, T.8S., RAW., M.D.M. 0 2s• , 0� O 4 o� P X v 7.1 p 45'� OS 0 J J le soh LOMA �= S g�• 9FJ /^AD ('V �O oyoP STREET w� AC �Q �0000'V� OPQ Opp �© ING O� MA pv �2 U SITE P r �• V Q LA 0 °° 0� 773A CT NO. 3 KENNEDY ^j� ARROPOsf D A) ) "KENWOOD ACP ROgD ^� f 4-0-58D,34.4 cli 10 MAPS 56 gy p. (&nl. KRISTINA D. COMERER PLS 6766 REV. DA FA bI¢ /oO / Q' ACRES n/ N �3 ?0'46•. `14731 �i �o O� dry/ h P Q� EXISTING TOWN OF LOS GATOS ENGLEWOOD AVENUE NO. ANNEXATION /POINT OF BEGINNING / LEGEND BOUNDARY LINE OF / PROPOSED ANNEXATION — EXISTING TOWN OF / LOS GATOS BOUNDARY ( ) RECORD PER ENGLEWOOD AVENUE NO. 6 CROSS LAND SURVEYING, INC. 2210 MT. PLEASANT ROAD WL SAN JOSE, CA 95148 ar (408) 274 -7994 PROJECT NO. 13 -96 EXHIBIT B of Attachment 2 This Page Intentionally Left Blank