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Consideration of Reorganization of El Gato Lane No. 2DATE: TO: FROM: SUBJECT MEETING DATE: 03/17/14 ITEM NO. C COUNCIL AGENDA REPORT March 7, 2014 MAYOR AND TOWN COUNCIL GREG LARSON, TOWN MANAGER ADOPT RESOLUTION SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AN UNINHABITED AREA DESIGNATED AS EL GATO LANE NO. 2, APPROXIMATELY .18 ACRES, LOCATED AT 15540 EL GATO LANE. APN 523 -23 -021. FILE #AN14 -002. RECOMMENDATION: Adopt resolution setting the date for consideration of reorganization of uninhabited area designated as El Gato Lane No. 2, approximately .18 acres, located at 15540 El Gato Lane (APN: 523 -23 -021). 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 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 conjunction with an Architecture and Site application to construct a new 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 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, b(V Director of Community Development Reviewed by: eL Assistant Town Manager $J6 Town Attorney Finance N:\DEV\TC REP0RTS\2014\EIGatoNo2- intro.doc Reformatted: 5130/02 Revised: 3/7/14 3:21 PM PAGE MAYOR AND TOWN COUNCIL SUBJECT: El Gato Lane No. 2 /AN14 -002 March 7, 2014 DISCUSSION: The Town has received a petition requesting annexation to the Town of Los Gatos from Fletch and Florence Sullivan, owners of the property at 15540 El Gato Lane. The property is located on the east side of El Gato Lane three lots south of Los Gatos - Almaden Road, in an unincorporated County island. The property is in the Town's Urban Service 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 April 7, 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 El Gato Lane No. 2, including Exhibits A & B. Distribution: Fletch & Florence Sullivan, 15540 El Gato Lane, Los Gatos, CA 95032 SLB:SA:ct El Gato Lane No. 2 r � l G Z m Town of Los Gatos 7 ® Proposed Annexation Area w Feet 0 30 60 120 180 _ _ ATTACHMENT 1 This Page Intentionally Left Blank RESOLUTION 2014 - RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS SETTING THE DATE FOR CONSIDERATION OF REORGANIZATION OF UNINHABITED TERRITORY DESIGNATED EL GATO LANE NO. 2, PROPERTY LOCATED AT 15540 EL GATO LANE APPROXIMATELY .18 ACRES (APN: 523 -23 -021) WHEREAS, the Town Council of the Town of Los Gatos has received a request for annexation of territory designated El Gato Lane No. 2 from Fletch and Florence Sullivan; and WHEREAS, the property, .18 acres, located at 15540 El Gato Lane, APN: 523 -23 -021, 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 ATTACM4MT 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 El Gato Lane No. 2 at its regular meeting of April 7, 2014. 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 ',DIN - RFS(";'014 10au,N,Q -RuxnI &ne EXHIBIT A EL GATO LANE NO, 2 ANNEXATION TO THE TOWN OF LOS GATOS GEOGRAPHIC DESCRIPTION All that certain real property situate in the unincorporated area of the County of Santa Clara, State of California, being a portion of Rancho Rinconada de Los Gatos described as follows: Being Lot 3 as shown on that certain map entitled 'Tract No. 1168 being a subdivision of a portion of the former Miles Hill tract in the Rancho Rinconada de Los Gatos ", filed for record on March 2, 1954 in Book 48 of Maps at Page 13, Santa Clara County Records and more particularly described as follows: Beginning at a point on the existing Westerly line of the Los Gatos town limit as established by Town of Los Gatos, "Camino del Cerro Number One Annexation ", passed and adopted by Ordinance No. 476 on September 2, 1958, said point lying Southerly 53.35 feet from the Southeasterly corner of Los Gatos "El Gato Lane Number One Annexation" per Ordinance No. 605 as passed and adopted August 14, 1961, said point being the Northeasterly corner of said Lot 3; thence 1) S 12129'25" E along the easterly line of said Lot 3, also being the Westerly line of said "Camino del Cerro Number One Annexation ", 53.35 feet to the Southeasterly corner of Lot 3; thence leaving the last said Los Gatos town limits line and running 2) S 7733'45"W along the Southerly line of said Lot 3, 151.81 feet to said Lot 3 Southwest corner, last said corner lying on the Easterly line of El Gato Lane; thence 3) N 1212615" W along last said line, 53.35 feet to the Northwesterly corner of said Lot 3; thence 4) N 77°33'45" E 151.76 feet to the Point of Beginning. Containing 0.186 acres more or less. 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. 2 —f ; -2C14 Revision Date �ger E. Dodge and Surveyor No. 3295 State of California Page 9 of 1 EXHIBIT A of Attachment 2 This Page Intentionally Left Blank 714E RANcN? 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