Approve Reorganization of 16785 Kenndy Rd Kennedy Rd No 17to n of
MEETING DATE: 12/2/14
ITEM NO. u
toa sTOS — 1
COUNCIL AGENDA REPORT
DATE: NOVEMBER 17, 2014
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: ADOPT RESOLUTION MAKING DETERMINATIONS AND
APPROVING THE REORGANIZATION OF TERRITORY 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 making determinations and approving the reorganization of territory
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 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 owners requested annexation 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 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
November 18, 2014, Town Council meeting and the protest proceedings were set for December
2, 2014.
PREPARED BY: LAUREL R. PREVETTI, •J(J////
Assistant Town Manager/Director of COmmUl1� pment
Reviewed by: N/A Assistant Town Manager Town Attomey Finance
N:\DEV \TC REPORTS \20I4\KemodyRdNo.17- protest.docx Reformatted: 5 /30/02 Revised: 11 /17114 3:44 PM
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: KENNEDY ROAD NO. 17 /AN14 -004
NOVEMBER 17, 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 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 square foot minimum lot size).
Annexation would allow Town services to be extended to the property and would reduce the size
of 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 was provided to Santa Clara County
Planning and the County Library Service Area.
ENVIRONMENTAL ASSESSMENT:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act, Section 15061(b)(3): Review for Exemption. 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 Ma p, legal description and guideline checkin fee
$2,037.00
Count 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. All fees cover the costs
associated with processing the annexation application. 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 making determinations and approving the reorganization of territory
designated as Kennedy Road No. 17, including Exhibit A
Distribution:
Richard M. and Ada Meltzer, 17675 Vista Avenue, Monte Sereno, CA 95030
LRP:JS:cg
16785 Kennedy Road
ATTACMaNC 1
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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 UNINHABITED TERRITORY DESIGNATED AS
KENNEDY ROAD NO. 17
APPROXIMATELY 0.51 ACRE
LOCATED AT 16785 KENNEDY ROAD
APN: 532 -08 -041
ANNEXATION APPLICATION: AN -14 -004
PROPERTY OWNER: RICHARD M. AND ADA MELTZER
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
0.51 acre located at 16785 Kennedy Road (APN 532 -08 -041), has been filed by Richard M. and
Ada Meltzer; 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 Kennedy Road No. 17, more particularly described in
Exhibit A;
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 0.51 acre.
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 the California Environmental Quality Act (CEQA) under
Title 14 Code of Regulations, Chapter 3: Guidelines for the Implementation of CEQA
Section 15061(b)(3): Review for Exemption.
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 Exhibit A 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 2nd day of December, 2014, by the following vote:
COUNCIL- MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
lllyll*
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N: \DEV \RESOS\ 2014 \KennedyRoadNo.17 -Re o2.dmx
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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 1 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 °20'45" East a distance of 65.11
feet to the comer common to Lots I 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 °18'00" 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 °20'45" 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
Page 1 of 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 042154" 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:
1 573'20'45 "E 65.11'
2 N33'18 '00 "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 "W 239.09'
8 N33'42'11 "E 20.92'
9 N28'42'54 "E 30.68' QO�
WOOD AVE
NO. 4
M
M
KENNEDY ROAD
NO. 4
ANNEXATION
KENNEDY ROAD N0. 17
APN / 1 2
532 -08 -043
APN
/ 532 -08 -04
/ POINT OF
BEGINNING
1 2 2
APN
532 -08 -042
/ APN
532 -08-
kE��\
11
APN
532 -08 -045
K 3
APN
532 -08 -040
KENNEDY ROAD) Q
N0. 1 ANNEXATION TRACT 8
68 MAPS 34
30'
30,
VICINITY MAP
NOT TO SCALE.
REVISED: SEPTEMBER 30, 2014
m
1 10
ACT NO. 328
0 MAPS 56
W
Y
N0. 5571
k
vF CAL 1r�
LEGEND
—PROPOSED ANNEXATION BOUNDARY
- -EXISTING TOWN LIMITS LINE
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 RINCONAOA DE LOS GATOS.
PROJECT SITE
GRAPHIC SCALE
0 50 100 200
( IN FEET )
1 inch = 100 ft.
PAGE 3 OF 3
EMAIL:
Y 3001 WNCHESTER
BOULEVARD. SUITE 11
CAMPBELL. CA 95008
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