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Make Determination & Approve Reorganization of 16741 Loma St Lomas Street No. 4.�pW N OF MEETING DATE: 03/03/15 ITEM NO. ��d GAtpS COUNCIL AGENDA REPORT DATE: FEBRUARY 9, 2015 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER SUBJECT: ADOPT RESOLUTION MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY 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 making determinations and approving the reorganization of territory 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 that is either contiguous to a Town boundary, or within 300 feet of a Town maintained roadway if the use is proposed to intensify. 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 February 17, 2015 Town Council meeting and the protest proceedings are set for March 3, 2015. PREPARED BY: LAUREL R. PREVETTI, t4ad w* Assistant Town Manager /Director of Community Development Reviewed by: N/A Assistant Town Manager I! t own Attorney W Finance N: \DEV \TC REPORTS\2015UmaStreetNo 4- PP.docx Refonnatted: 5 /30/02 Revised: 2 /19/15 8:56 AM PAGE 2 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, owners of the property at 16741 Loma Street. 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 enviromnental analysis is required. 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 making determinations and approving the reorganization of territory designated as 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 This Page Intentionally Left Blank RESOLUTION 2015 - RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MAKING THE DETERMINATIONS AND APPROVING THE REORGANIZATION OF UNINHABITED TERRITORY DESIGNATED AS LOMA STREET NO.4 APPROXIMATELY 0.115 ACRE LOCATED AT 16741 LOMA STREET APN: 532 -07 -002 ANNEXATION APPLICATION: AN -14 -007 PROPERTY OWNER: ANDY KWITOWSKI, MATTERHORN ENTERPRISES, LLC 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 0.115 acre located at 16741 Loma Street (APN 532 -07 -002), has been filed by Andy Kwitowski, Matterhorn Enterprises, LLC; 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 Lomas Street No. 4, more particularly described in Exhibits A and B; ATTACHMENT 2 2. That the following findings are made by the Town Council of the Town of Los Gatos: a. Said territory is uninhabited and comprises approximately 0.115 acre. b. 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 Ordinance 1268 in 1975 pre- zoning the subject territory with an R -1:8 (single - family residential, 8,000 - square foot minimum lot size) zoning designation. e. The territory is within the Town's Urban Service Area as adopted by the Local Agency Formation Commission of Santa Clara County. f. 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. The proposed annexation will not create an island, and will facilitate provision of efficient municipal services. h. The proposed annexation does not split lines of assessment or ownership. i. The proposed annexation is consistent with the Town's General Plan. j. The territory to be annexed is contiguous to a Town boundary. k. 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. 4. Pursuant to Section 56663(c) the Town waives protest proceedings. 5. 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. 6. 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 3rd day of March, 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 N:0EV \RES0S\2015 \LomaStreetNo 4- RmIdoex This Page Intentionally Lej+ Blank —EXHIBIT "A" i � i 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 Loos 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 °18'00' 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 04823" 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 °26'00" 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 "16100" 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 safe of the land described. K, John John .King L; -29 -14- F.L.S. 6809 r, " . Revision Date UP , I �C* NO. 0309 -� / EXRMrr A ofAttachinent 2 This Page Intentionally Left Blank LEGEND L �� DENOTES LOT LINE j� ® / ' . .O"t, — — — — — DENOTES OLD ANNEXATION BOUNDARY C i ". �' s DENOTES NEW ANNEXATION BOUNDARY / ® \ �_ — — DENOTES TOWN / COUNTY BOUNDARY P.O.C. DENOTES POINT OF COMMENCEMENT / 4o' "� \ T.P.O.B. DENOTES TRUE POINT OF BEGINNING calc DENOTES'CALCULATT'D, d \ DENOT135ANNEXATTONAREA j co VICINITY MAP I t O � \_ Tp O.R. SITE j ®o QD � uO O -O Q G Q \ s3 98 4� ov) \�� obi._ vo, �1 r 1 I 1 I 1 This Page Intentionally Left Blank