Consider reorganization of Shady View Lane No. 1tpW N OF
MEETING DATE: 03/03/14
� • �� ITEM NO.
��S 8At s COUNCIL AGENDA REPORT
DATE: February 19, 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
SHADY VIEW LANE NO. 1, APPROXIMATELY .41 ACRES LOCATED AT
16505 SHADY VIEW LANE. APN 532 -03 -016. FILE #AN14 -001.
RECOMMENDATION:
Adopt resolution setting date for consideration of reorganization of uninhabited area designated as
Shady View Lane No. 1, approximately .41 acres, located at 16505 Shady View Lane (APN: 532 -03-
016).
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 subject property is
contiguous to a Town boundary. Annexation has been requested in advance of submittal of an
Architecture and Site application for a remodel and addition to the existing single - family residence
on the property.
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
PREPARED BY: SANDY L. BAILY, �bkb
Director of Community Development
Reviewed by: h)_ Assistant Town Manager Town Attorney _0__ Finance
N:\DEV\TC REPORTS \2014 \ShadyVimNol- inho.doc Refom atted: 5/30/02 Revised: 2 /19/14 3:03 PM
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: Shady View Lane No. 1 /AN14 -001
February 19, 2014
annexation is uninhabited and all property owners have consented to the annexation. This first
meeting and resolution sets the date for the protest proceeding.
DISCUSSION:
The Town has received a petition requesting annexation to the Town of Los Gatos from Jennifer and
Robert Friess, owners of the property at 16505 Shady View Lane. The property is located on the
Shady View Lane cul -de -sac, 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 17, 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 Shady View Lane No. 1, including Exhibits A & B.
Distribution:
Jennifer & Robert Friess, 16505 Shady View Lane, Los Gatos, CA 95032
SLB:SA:ct
Town of Los Gatos
Proposed Annexation Area
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RESOLUTION 2014 -
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
SETTING DATE FOR CONSIDERATION OF REORGANIZATION
OF UNINHABITED TERRITORY DESIGNATED
SHADY VIEW LANE NO. 1,
PROPERTY LOCATED AT 16505 SHADY VIEW LANE
APPROXIMATELY .41 ACRES (APN: 532 -03 -016)
WHEREAS, the Town Council of the Town of Los Gatos has received a request for
annexation of territory designated Shady View Lane No. 1 from Jennifer and Robert Friess; and
WHEREAS, the property, .41 acres located at 16505 Shady View Lane, APN: 532 -03 -016,
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 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, 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 Shady View Lane No. 1 at its regular meeting of March 17, 2014.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 3rd day of March, 2014, by the following vote:
COUNCIL MEMBERS:
AYES:
Owt—N
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 I)I':V K[ SUS2014 -Shady Vieu'Nol- Pe%o Ldoa
EXHIBIT "A"
GEOGRAPHIC DESCRIPTION
ANNEXATION TO THE TOWN OF LOS GATOS
SHADY VIEW LANE NO.1
All that certain real property situated in the County of Santa Clara, State of
California, being a part of Rancho Rinconada De Los Gatos, more
particularly described as follows:
Beginning at the most Northwesterly comer of annexation to the Town of Los
Gatos entitled "Country School Annexation ", said point being at the intersection
of the Westerly right of way line of Hilow Road (60 feet wide and the Northerly
boundary line of Kenwood Acres, Tract 328, recorded in Book 10 of Maps, at
Page 56, Santa Clara county Records;
Thence along the Town limit established by "Country School Annexation" South
78 Degrees 40 Minutes 30 Seconds East a length of 160.28 feet to the true point
of beginning:
Thence (1) leaving said Town limit along the Westerly boundary of Tract 791 and
Lot 16, recorded in Book 40 of Maps at Page 33 Santa Clara County Records
North 19 Degrees 40 Minutes 00 Seconds East a length of 108.32 feet;
Thence (2) leaving said tract boundary and continuing along said lot North 74
Degrees 20 Minutes 07 Seconds East a length of 148.59 feet to the Westerly
right of way line of Shady View;
Thence (3) 54.60 feet along a non - tangent curve to the left, said curve having a
radius of 55.00 feet, a delta 56 Degrees 52 Minutes 39 Seconds and radial
bearing South 89 Degrees 36 Minutes 55 Seconds East;
Thence (4) leaving said right of way line South 47 Degrees 27 Minutes 13
Seconds West a length of 166.02 feet to Northerly Town limit established by
"Country School Annexation ";
Thence (5) along said Town Limit North 78 Degrees 41 Minutes 30 Seconds
West a length of 83.47 feet to the true point of beginning.
Containing 0.41 acres more or less.
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 on offer for sale of the
land described"
Revised 1 -21 -14
LAND
-(UpNo. 4953 �� z
12.31 -2415 �
EXHIBIT A
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VICINITY MAP
IAND
NO 4953
c2j�e2��E
APN 532 -03 -016
LOT 16, TRACT 791
89'3655 "E
r (R)M
SCALE: 1"=50'
0 50 100
X9.881 . N78e LEGEND
QS7 400. 41'30•W PROPERTY LINE
30 E ``8347 CENTERLINE
EXISTING TOWN LIMIT --- — — - --
LIMIT OF ANNEXATION
p PER LIMIT OF TO POINT OF BEGINNING P.O.B.
(ORDINgN�ETNO y SCHOOL A�N�X�OO TRUE POINT OF BEGINNING T.P.0.6.
BEING A PART OF RANCHO
AREA WITHIN ANNEXATION 0.41 ACRES.
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.`
EXHIBIT B
PROPOSED ANNEXATION TO
TOWN OF LOS GATOS
SHADY VIEW LANE
ANNEXATION NO. 1
4TE: 12 -11 -2013 JOB. NO. 2013 -163
Y: HARRY BABICKA REVISED: 1 -21 -14
HEET 1 OF 1
WESTFALL ENGINEERS, INC.
SARATOGA. CALIFORNIA
ffiIBIT B of Attachment 2
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