Consider Reorganization of Hilow Road No. 5ZpW M F
MEETING DATE: 09/02/14
j I ITEM NO.
�0ssni�§
COUNCIL AGENDA REPORT
DATE: AUGUST 19, 2014
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: ADOPT A RESOLUTION SETTING THE DATE FOR CONSIDERATION OF
REORGANIZATION OF AN UNINHABITED AREA DESIGNATED AS
HILOW ROAD NO. 5, APPROXIMATELY 0.26 ACRES LOCATED AT 16442
HILOW ROAD. APN 532 -04 -076. FILE #AN14 -003.
RECOMMENDATION:
Adopt a resolution (Attachment 2) setting the date for consideration of reorganization of an
uninhabited area designated as Hilow Road No. 5, approximately 0.26 acres, located at 16442 Hilow
Road (APN 532 -04 -076).
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 plans 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 of2000 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 consideration of the annexation and the protest
proceeding. C�
PREPARED BY: LAUREL R. PREVETTI, U
Assistant Town Manager /Director of Community Development
Reviewed by: N/A Assistant Town Manager Town Attorney _Finance
N:\DEV\TC REPORTS\2014WilowRdNo.S- intro.dm Reformatted: 5 /30/02 Revised: 8/19/14 3:48 PM
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: HILOW ROAD NO. 5 /AN14 -003
August 19, 2014
The Town has received a petition requesting annexation to the Town of Los Gatos from Rachel
Parrinello, Hilow Ventures, LP, owner of the property at 16442 Hilow Road. The property is located
on the east side of Hilow Road, south of Shannon Road and 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. This agenda item, if approved, would set the date for consideration of the
annexation application for September 16, 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 Hilow Road No. 5, including Exhibits A & B.
Distribution:
Rachel Parrinello, Hilow Ventures, LP, 16530 Hilow Road, Los Gatos, CA 95032
LRP:EW:cg
Hilow Road No. 5
X47lFAQ,M?IOTT
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 AN UNINHABITED TERRITORY DESIGNATED
HILOW ROAD NO.5
PROPERTY LOCATED AT 16442 HILOW ROAD
APPROXIMATELY 0.26 ACRES (APN: 532 -04 -076)
WHEREAS, the Town Council of the Town of Los Gatos has received a request for
annexation of territory designated Hilow Road No. 5 from Rachel Parrinello, Hilow Ventures, LP;
and
WHEREAS, the property, 0.26 acres located at 16442 Hilow Road, APN: 532 -04 -076, 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
A1TACIIl M 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 Hilow Road No. 5 at its regular meeting on September 16, 2014.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 2nd day of September, 2014, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
F.VU1i *111
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
NADEV \RES0S\2014\H low Road No. 5- Resol.doc
EXHIBIT "A"
GEOGRAPHIC DESCRIPTION
ANNEXATION TO THE TOWN OF LOS GATOS
HILOW ROAD NO. 5
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 existing Los Gatos Town Limits, said point being the most Southeasterly corner
of annexation to the Town of Los Gatos entitled " Hilow Road No. 2 ", said point also being on
the Easterly right of way line of Hilow Road (60 feet wide); thence along said Town limits and
right of way line North 19 Degrees 40 Minutes 05 Seconds East a length of 121.44 feet to the
Northwesterly corner of Lot I as shown on the subdivision map of Tract No. 1016 recorded in
Book 48 of Maps at Page 31 Santa Clara County Records and True point of beginning;
Thence (1) leaving said Town limits and right of way line South 70 Degrees 19 Minutes 55
Seconds East a length of 172.07 feet to the Northeasterly corner of said Lot 1;
Thence (2) southerly along the tract boundary South 19 Degrees 40 Minutes 00 Seconds West a
length of 67.00 feet to the Southeasterly corner of said Lot 1;
Thence (3) North 70 Degrees 19 Minutes 55 Seconds West a length 172.07 feet to the Easterly
right of way line of Hilow Road ( 60 feet wide) and said Town limits;
Thence (4) along said town limits and right of way line North 19 Degrees 40 Minutes 05
Seconds East a length of 67.00 feet to the True point of beginning.
Containing 0.26 acres more or less
Disclaimer:
"For assessment purposes only. This description of
Land is not a legal property description a defined in
The Subdivision map Act and may not be used as
The basis for an offer for sale of the land
Described."
No. 4953
*
Exp. 12-31-21
LN
\F OF CAVV
Revised: July 10, 2014 EXHIBIT A
of Attachment 2
This Page
Intentionally
Left Blank
SCALE: 1"=40'
• 6 M IMMOM :•
32
�o
0
ZQ i
/S
Q
i
c
0
/ a
rnl
2�
LEGEND
PROPERTY LINE
CENTERLINE
EXISTING TOWN LIMIT
LIMIT OF ANNEXATION
Q
/O�
VICINITY MAP
o•
N� O
a APN 532 -04 -076
/ ? L048'MAPS 311016
AREA WITHIN ANNEXATION 0.26 ACRES.
N�,0•
ON D
No. 4953
* Exp.12.31 -2015 *
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."
BEING A PART OF RANCHO
EXHIBIT B
PROPOSED ANNEXATION TO
TOWN OF LOS GATOS
HILOW ROAD NO. 5
ANNEXATION
DATE: 5 -3 -2014 IJOB. NO. 2014 -033
BY: HARRY BABICKA I REVISED: 7-10-2014
SHEET 1 OF 1
WESTFALL ENGINEERS, INC.
SARATOGA, CALIFORNIA
FXATRTT R of Attachment 2
This Page
Intentionally
Left Blank