Set Date for Consideration of Reorganization of an Uninhabited Area Loma Street No. 4 16741 Loma Stwa of
MEETING DATE: 02/17/15
ITEM NO.
S BASpS COUNCIL AGENDA REPORT I
DATE: FEBRUARY 9, 2015
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: ADOPT A RESOLUTION TO SET A DATE FOR CONSIDERATION OF
REORGANIZATION OF AN UNINHABITED AREA DESIGNATED AS
LOMA STREET NO. 4, APPROXIMATELY 0. 115 ACRE LOCATED AT
16741 LOMA STREET. APN 532 -07 -002. FILE #AN14 -007.
RECOMMENDATION:
Adopt a resolution (Attachment 2) to set a date for consideration of reorganization of an
uninhabited area designated as Loma Street No. 4, approximately 0. 115 acre, located at 16741
Loma Street (APN 532 -07 -002).
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 an existing use is proposed to intensify. 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 200C
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/Director of ommunity Development
Reviewed by: N/A Assistant Town Manager own Attorney Finance
N:\DEV\TC REPORTS12015\Lo =SbeetNo4- intto.docx Reformatted: 5/30/02 Revised: 2/9115 2:57 PM
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: LOMA STREET NO.4 /AN14 -007
FEBRUARY 9, 2015
DISCUSSION:
The Town has received a petition requesting, annexation to the Town of Los Gatos from Andy
Kwitowski, Matterhorn Enterprises, LLC, owner of the property at 16741 Loma Street. The
property is located on the north side of Loma Street, between Englewood Avenue and Ferris
Avenue, in an unincorporated County pocket.
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 foot minimum lot size). Annexation would
allow Town services to be extended to the property and reduce 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 March 3, 2015.
ENVIRONMENTAL ASSESSMENT:
Annexation of the subject property is exempt from the California Environmental Quality Act
(CEQA) guidelines, pursuant to Section 15061(b)(3) in that "the activity is covered by the
general rule that CEQA applies only to projects which have the potential for causing a significant
effect on the environment. Where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment, the activity is not subject
to CEQA."
FISCAL IMPACT:
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 to set a date for consideration of reorganization of uninhabited territory
designated Loma Street No. 4, including Exhibits A and B.
Distribution:
Matterhorn Enterprises, LLC - Andy Kwitowski, 17705 Hale Avenue, Suite F2, Morgan Hill,
CA 95037
LRP:EW:cg
Loma Street No. 4
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RESOLUTION 2015 -
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
TO SET A DATE FOR CONSIDERATION OF A REORGANIZATION
OF AN UNINHABITED TERRITORY DESIGNATED
LOMA STREET NO.4
PROPERTY LOCATED AT 16741 LOMA STREET
APPROXIMATELY 0.115 ACRE (APN: 532 -07 -002)
WHEREAS, the Town Council of the Town of Los Gatos has received a request for
annexation of territory designated Loma Street No. 4 from Andy Kwitowski, Matterhorn
Enterprises, LLC; and
WHEREAS, the property, 0.115 acre located at 16741 Loma Street, APN: 532 -07 -002,
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 - square foot 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
ATTACHMENT 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 Loma Street No. 4 at its regular meeting on March 3, 2015.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 17th day of February, 2015, 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\2015 \LomaStmtNo 4- Resol.docx
EXHIBIT "A"
ANNEXATION TO THE TOWN OF LOS GATOS
LOMA STREET NO.4
GEOGRAPHIC DESCRIPTION
All that certain property situated in the Unincorporated Area of the County of
Santa Clara, State of California, being a portion of the Rancho Rinconada De Los
Gatos, more particularly described as follows:
Commencing at the most southeasterly corner of that certain annexation to the
Town of Los Gatos known as Loma Street No. 3, said comer also lying on the
northerly line of Loma Street (40 feet wide); thence along said northerly line
South 78 016'00" East 170.00 feet to the True Point of Beginning, said point
lying on the northerly line of that certain annexation to said Town known as Ferris
Avenue No. 6;
Thence, leaving said northerly line (1) North 27 048'23" East 94.76 feet to a point
on the southerly line of that certain annexation to said Town known as
Englewood Avenue No. 5;
Thence, along said southerly line (2) South 78 016'00" East 60.00 feet to a point;
Thence, leaving said southerly line (3) South 33 026'00" West 98.00 feet to a
point on said northerly line of said Loma Street and of said Ferris Avenue No. 6;
Thence, along said northerly line (4) North 78 °16'00" West 50.00 feet to the True
Point of Beginning.
Containing 0.115 acres of land, more or less.
End of Description
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.
Zt� LAPr %J`\
John If. King Revision Date
P.L.S. 6809 c EXP.
x. No. erne EXHIBIT A
\ ` /! ofAitbehment 2
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LEGEND
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DENOTES LOT LINE j PO.C�
— — — — DENOTES OLD ANNEXATION BOUNDARY
DENOTES NEW ANNEXATION BOUNDARY ! b \ 2 0> J1O 1
— — DENOTES TOWN J COUNTY BOUNDARY
P.O.C. DENOTES POINT OF COMMENCEMENT / 40'
T.P.O.B. DENOTES TRUE POINT OF BEGINNING
calc DENOTES 'CALCULATED' / (�v c S?? 0)
DENOTES ANNEXATION AREA � � O
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DISCLAMER FOR ASSESS
MENT 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.
BAGOYE & RING, INCORPORATED
PROFESSIONAL LAND SURVEYORS
fk P.O. BOX 1288 - GILROY, CA-, 95021
TEL (408) 847 0233
EXHIBIT'B'
PROPOSED ANNEXATION TO THE
TOWN OF LOS GATOS,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA
BEING A PORTION OF THE
RANCHO RINCONADA DE LOS GATOS
LOMA STREET NO.4
REVISION DATE: I 2 - 29 - 14. SCALE: 1" = 40'
EXFIMIT B ofAttachment 2
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