Kennedy Road No. 17 ReorganizationZpW X OF
MEETING DATE: 11/18/14
lad ITEM NO.
`�S.GASOS
COUNCIL AGENDA REPORT
DATE: NOVEMBER 7, 2014
TO: MAYOR AND TOWN COUNCIL
e
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: ADOPT A RESOLUTION SETTING THE DATE FOR CONSIDERATION
OF REORGANIZATION OF AN UNINHABITED AREA DESIGNATED
AS KENNEDY ROAD NO. 17, APPROXIMATELY 0.51 ACRE LOCATED
AT 16785 KENNEDY ROAD. APN 532 -08 -041. FILE #AN14 -004.
RECOMMENDATION:
Adopt a resolution (Attachment 2) setting the date for consideration of reorganization of an
uninhabited area designated as Kennedy Road No. 17, approximately 0.51 acre, located at 16785
Kennedy Road (APN 532 -08 -041).
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 a proposal
to demolish an existing single- family residence and 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 consideration of the
annexation and the protest proceeding.
PREPARED BY: LAUREL R. PREVETTI,
Assistant Town Manager /D ector of Community Development
Reviewed by: N/A Assistant Town Manager th Town Attorney
Finance
N:/ DEVITCREPORTS/2014\KennedyRdNo. 17- intro.docx Reformatted: 5 /30/02 Revised: 11/7/14 1:10 PM
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: KENNEDY ROAD NO. 17 /AN14 -004
NOVEMBER 7, 2014
DISCUSSION:
The Town has received a petition requesting annexation to the Town of Los Gatos from Richard
M. and Ada Meltzer, owners of the property at 16785 Kennedy Road. The property is located on
the north side of Kennedy Road, between Englewood Avenue and Stonybrook Road, in an
unincorporated County pocket.
The property is in the Town's Urban Service Area, is within 300 feet of the Town boundary
along a public street, and is pre -zoned R -1:8 (single family residential, 8,000 square feet
minimum lot size). Annexation would allow Town services to be extended to the property and
help fill in an existing County pocket. 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 December 2,
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 $3,023.00 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 Kennedy Road No. 17 includi ng Exhibit A.
Distribution:
Richard M. and Ada Meltzer, 17675 Vista Avenue, Monte Sereno, CA 95030
LRP:JS:cg
16785 Kennedy Road
ATTACHMENT 1
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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
KENNEDY ROAD NO. 17
PROPERTY LOCATED AT 16785 KENNEDY ROAD
APPROXIMATELY 0.51 ACRE (APN: 532 -08 -041)
WHEREAS, the Town Council of the Town of Los Gatos has received a request for
annexation of territory designated Kennedy Road No. 17 from Richard M. and Ada Meltzer; and
WHEREAS, the property, 0.51 acres located at 16785 Kennedy Road, APN: 532 -08-
041, 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 (Exhibit A) 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
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;
ATTACHMENT 2
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 Kennedy Road No. 17 at its regular meeting on December 2, 2014.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 18th day of November, 2014, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
:: la►i11I
.
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
D! N R(WS 2014,K nmd, RojdNo U -Resin dn�n
KENNEDY ROAD NO. 17
ANNEXATION TO THE TOWN OF LOS GATOS
GEOGRAPHIC DESCRIPTION
All that certain property situate in the County of Santa Clara, State of California, being
all of Lot 2 of Tract 328 and a portion of Kennedy Road (60' wide) as shown on the map
filed June 25, 1946 in Book 10 of Maps at Page 56 in the Recorder's Office of said
County and State being a part of Rancho Rinconada de Los Gatos more particularly
described as follows:
Beginning at the a point on the northerly right -of -way of Kennedy Road said point being
at the easterly end of a curve having a radius of 22.35 feet said curve being a portion of
the boundary of Lot l of said Tract 328 said point also being an angle point of the
boundary of the Town of Los Gatos according to Englewood Avenue No. 4 Annexation;
1. thence along said northerly right -of -way South 73 020'45" East a distance of 65.11
feet to the corner common to Lots 1 and 2 of said Tract 328;
2. thence along the line common to Lots 1 and 2 North 33 °18'00" East a distance of
135.69 feet to the corner common to Lots 1,2,12 and 13 of said Tract 328;
3. thence along the line common to said Lots 2 and 12 South 73 °20'45" East a
distance of 80.00 feet to the corner common to Lots 2,3,11 and 12 of said Tract;
4. thence along the line common to Lots 2 and 3 South 33 018'00" West a distance of
135.69 feet to the northerly right -of -way of Kennedy Road;
5. thence along said northerly right -of -way South 73 °20'45" East a distance of 81.44
feet;
6. thence leaving said right -of -way South 16 °39'15" West a distance of 50.00 feet to
the northerly boundary of the Town of Los Gatos according to Kennedy Road
Number One Annexation;
7. thence along said Kennedy Road Number One Annexation and parallel with the
northerly right -of -way of Kennedy Road North 73 020'45" West a distance of
239.09 feet to a point on the easterly boundary of the town of Los Gatos
according to Kennedy Road Number Four Annexation;
8. thence along said easterly boundary North 33 °42'11" East a distance of 20.92 feet
to the centerline of Kennedy Road and an angle point in the boundary of the
Town of Los Gatos according to Englewood Avenue No. 4 Annexation;
EXHIBIT A
Pagel of3 of Attachment 2
9. thence along the easterly boundary of the town of Los Gatos according to
Englewood Road No. 4 annexation along said northerly right -of -way North
28 °42'54" East a distance of 30.68 feet to the point of beginning containing 0.51
acres of land more or less (22,013 SF).
Kenneth D. Wilson
LS 5571
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 a basis for an offer for sale
of the land described.
Revised: September 30, 2014
Page 2 of 3
ANNEX AREA = 0.51 ACRES +/-
COURSES:
1 S73'20 :405 E 65.11"
2 N33'1 800 "E 135.69'
3 S73'20'45 'E 80.00'
4 S33'18 "00 "W 135.69'
5 573'20'45 "E 81.44'
6 S16'39'15 "W 50.00'
7 N73'20'45 "W239.09'
8 N33'42'11 "E 20.92'
9 N28'42'54 "E 30.68' no/
_EWOOD AVE
NO. 4
ANNEXATION
0
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KENNEDY ROAD
NO. 4
ANNEXATION
/ APN 13
532 -08 -043
/ / POINT OF
BEGINNING
J 1 2 2
APN
532 -08 -042
APN
532 -08-
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KENNEDY. ROAD NO. 17
J53APN 1
2 -08 -
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-1041 5
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APN
532 -08 -040
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KENNEDY ROAD Q , -
NO. 1 ANNEXATION _ TRACT NO. 1698
� 68 MAPS 34
30' 3�
VICINITY MAP
NOT TO SCALE
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10
56
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N0. 5571
OF CAU
LEGEND
—PROPOSED ANNEXATION BOUNDARY
- -EXISTING TOWN LIMITS LINE
J O DISCLAIMER:
ST FOR ASSESSMENT PURPOSES ONLY. THIS DESCRIPTION
O� rOpp OF LAND IS NOT A LEGAL PROPERTY DESCRIPTION AS
O wqY �N DEFINED IN THE SUBDIVISION MAP ACT AND MAY NOT
V3 MqR BE USED AS THE BASIS FOR AN OFFER FOR SALE OF
THE LAND DESCRIBED."
1y C �FFjFC0 BEING A PART OF RANCHO RINCONADA DE LOS GATOS.
s�o z PROJECT SITE
GRAPHIC SCALE wiL o
0 50 100 200 r it
BOULEVARD, SUE
CAMPBELL, CA 9
(408) -540-
EMAIL: KENW®WILSONLANDSURVEYS
( IN FEET) WWW.WILSONLANDSURVEYS
REVISED: SEPTEMBER 30, 2014 1 inch = 100 ft. E -014 MELT2
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