Adopt Resolution making determinations for reorg, of territory at 16442 Hilow Rd.tow„ of MEETING DATE: 09/16/14
ITEM NO.
cos cnt s COUNCIL AGENDA REPORT
DATE: AUGUST 19, 2014
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER i
SUBJECT: ADOPT A RESOLUTION MAKING THE DETERMINATIONS AND
APPROVING THE REORGANIZATION OF TERRITORY 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) making the determinations and approving the reorganization of
territory designated as Hilow Road No. 5, containing approximately 0.26 acres, located at 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 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 of and addition to a single - family house.
Section 56757 of the Cortese - Knox - Hertzberg Local Government Reorganization Act of 2000 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 item provides the opportunity for any protest and for
the Council's consideration and action on the proposed annexation. This annexation was introduced
at the September 2, 2014, Town Council meeting.
PREPARED BY: LAUREL R. PREVETTI, Vjf
Assistant Town Manager rector of Community Development
Reviewed by: N/A Assistant Town Manager own Attorney Finance
N:\DEV\TC REP0RT5\2014V1ilowRdNo.5 -PP.dm Reformatted: 5/30/02 Revised: 8/19/14 3:56 PM
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: HILOW ROAD NO.S /AN14 -003
September 16, 2014
DISCUSSION:
The Town received a petition from Rachel Parrinello, Hilow Ventures, LP, owner of the property at
16442 Hilow Road. 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 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
$67.00
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
Hilow Road No. 5 (with Exhibits A & B)
Distribution:
Rachel Parrinello, Hilow Ventures, LP, 16530 Hilow Road, Los Gatos, CA 95032
LRP:EW:cg
Hilow Road No. 5
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RESOLUTION 2014 -
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
MAKING THE DETERMINATIONS AND APPROVING THE
REORGANIZATION OF TERRITORY DESIGNATED AS
HILOW ROAD NO.5
APPROXIMATELY 0.26 ACRES
LOCATED AT 16442 HILOW ROAD
APN: 532 -04 -076
ANNEXATION APPLICATION: AN -14 -003
PROPERTY OWNER: RACHEL PARRINELLO, HILOW VENTURES, LP
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
0.26 acres located at 16442 Hilow Road (APN 532 -04 -076), has been filed by Rachel Parrinello,
Hilow Ventures, LP; 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 Hilow Road No. 5, more particularly described in
Exhibit A and B;
ATTAM EENT 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 0.26 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's 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 16th 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
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
NADEV \RES0S\2014 \Hi1ow Road No. 5- Reso2.doe
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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 comer of Lot 1 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 comer 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."
Revised: July 10, 2014
EXHIBIT A
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* Exp.12 -31 -2015
LEGEND
PROPERTY LINE
CENTERLINE
EXISTING TOWN LIMIT
LIMIT OF ANNEXATION
AREA WITHIN ANNEXATION 0.26 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 sole of the land
described."
A
4,
BEING A PART OF RANCHO
EXHIBIT B
PROPOSED ANNEXATION TO
TOWN OF LOS GATOS
HILOW ROAD NO. 5
ANNEXATION
DATE: 5 -3 -2014 JJOB. NO. 2014 -033
BY: HARRY BABICKA I REVISED: 7-10-20147
WESTFALL ENGINEERS, INC.
SARATOGA, CALIFORNIA
EXHIBIT B of Attachment 2
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