Approve Reorganization of Shady Vie Lane No. 1�WNOF
MEETING DATE: 03/17/14
� - 1 ITEM NO. /�
�0s sAtoe I
COUNCIL AGENDA REPORT
DATE: March 4, 2014
TO: MAYOR AND TOWN COUNCIL f
FROM: GREG LARSON, TOWN MANAGER,/
SUBJECT: ADOPT RESOLUTION MAKING DETERMINATIONS AND APPROVING
THE REORGANIZATION OF TERRITORY DESIGNATED SHADY VIEW
LANE NO. 1, CONTAINING APPROXIMATELY .41 ACRES LOCATED AT
16505 SHADY VIEW LANE (APN: 532 -03 -016). FILE #AN14 -001.
RECOMMENDATION:
Adopt a resolution making determinations and approving the reorganization of territory designated
Shady View Lane No. 1, containing 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 Service 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. The property owner requested annexation in advance of
the submittal of a planning application for a remodel and addition project.
Section 56757 of the Cortese - Knox - Hertzberg Local Government Reorganization Act of2000 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 March 3, 2014,
Town Council meeting.
PREPARED BY: SANDY L. BAILY, 6
Director of Community Development
Reviewed by: Assistant Town Manager *own Attorney —1�2xinance
NADWTC REPORTS\2014\ShadyViewNo .1 -PP.dm Reformatted: 5 /30/02 Revised: 226/14 2:58 PM
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: Shady View Lane No. 1 /AN14 -001
March 4, 2014
DISCUSSION:
The Town received a petition from Robert and Jennifer Friess, owners of the property at 16505
Shady View Lane, requesting annexation to the Town of Los Gatos. The property is located in an
unincorporated island of the County, within the Town's Urban Service Area boundary. The parcel is
pre -zoned R -1:8 (single family residential, 8,000 sq. ft. minimum lot size). Annexation will allow
Town services to be extended to the property 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
$2,037.00
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 $2,875 annexation fee 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 (one page)
2. Resolution making determinations and approving the reorganization of territory designated as
Shady View Lane No. 1 (with Exhibits A & B)
Distribution:
Robert and Jennifer Friess, 16505 Shady View Lane, Los Gatos, CA 95032
SLB:SA:ct
Shady View Lane No. 1
This Page
Intentionally
Left Blank
RESOLUTION 2014 -
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
MAKING DETERMINATIONS AND APPROVING THE
REORGANIZATION OF TERRITORY DESIGNATED
SHADY VIEW LANE NO.1
APPROXIMATELY .41 ACRES
LOCATED AT 16505 SHADY VIEW LANE
APN: 532 -03 -016
ANNEXATION APPLICATION: AN -14 -001
PROPERTY OWNER: ROBERT AND JENNIFER FRIESS
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 .41
acres located at 16505 Shady View Lane (APN 532 -03 -016), has been filed by Robert and
Jennifer Friess; 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 if
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 Shady View Lane No. 1, more particularly described in
Exhibit A and B;
ATTACHMENT 2
2. That the following findings are made by the Town Council of the Town of Los Gatos:
a. That said territory is uninhabited and comprises approximately .41 acres.
b. That the annexation is consistent with the orderly annexation of territory within the
Town's Urban Service Area and is consistent with the Town policy of annexing when
required by the Town's agreement with the County of Santa Clara.
c. The project is exempt from C.E.Q.A. under the provision of the California
Administrative Code, Title 14, Section 15061(b)(3).
d. 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.
e. That the territory is within the Town Urban Service Area as adopted by the Local
Agency Formation Commission of Santa Clara County.
f. That the County Surveyor has determined the boundaries of the proposed annexation
to be definite and certain, and in compliance with the Commission's road annexation
policies. The County Surveyor has been reimbursed for the actual cost incurred by
the County Surveyor in making this determination.
g. That the proposed annexation will not create an island, and will facilitate provision of
efficient municipal services.
h. That the proposed annexation does not split lines of assessment or ownership.
i. That the proposed annexation is consistent with the Town's General Plan.
j. That the territory to be annexed is contiguous to a Town boundary.
k. That the Town has complied with all conditions imposed by the Commission for
inclusion of the territory in the Town's Urban Service Area.
3. That all owners of land within the affected territory have provided written consent to the
reorganization and no subject agency has submitted written opposition to a waiver of protest
proceedings.
BE IT FURTHER RESOLVED, pursuant to Section 56663 (c) the Town waives protest
proceedings.
BE IT FURTHER RESOLVED, that upon completion of these reorganization
proceedings the territory described in Exhibits A and B will be annexed to the Town of Los
Gatos and will be detached from the Santa Clara County Library Service Area.
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 17th day of March, 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
DI, V RI SOS -414 cImdh Vicv. �'c l -Iii; n2.doc
This Page
Intentionally
Left Blank
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 corner 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
* ( P• 12.31.2015�*
Sli.
u•/
EXHIBIT A
of Attachment
This Page
Intentionally
Left Blank
LAND
No. 4953 r p
N ExP• 12.31.2015
j 9T�OFCALIE
Z_
VICINITY MAP S 89'36'55 "F /
APN 532 -03 -016
LOT 16, TRACT 791
i
SCALE: 1"=50'
0 50 100
T• °v 9. �888' — N76 �5) 83 LEGEND
QS7 p�•28` 1'30�W PROPERTY LINE
O 30 E �� 47 CENTERLINE — — — — —
��� EXISTING TOWN LIMIT — — - -- - --
3 EX' LIMIT LIMIT OF ANNEXATION �-
-i PER "COUNF TOWN OF TRUE TPOINTTEOF BIEBINNING T.P 0 B.
_ iORDINANCETN0. SCHOOL ANNEXTOS
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
DATE: 12 -11 -2013 JJOB. NO. 2013 -163
BY: HARRY BABICKA I REVISED: 1 -21 -14
WESTFALL ENGINEERS, INC.
SARATOGA, CALIFORNIA
ffiIBIT B of Attac
This Page
Intentionally
Left Blank