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Staff ReporttpW H OF MEETING DATE: 05105115 ITEM NO. �OS'sstps COUNCIL AGENDA REPORT DATE: APRIL 27, 2015 TO: MAYOR AND TOWN COUNCIL FROM: LES WHITE, INTERIM TOWN SUBJECT: ADOPT A RESOLUTION MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED BLOSSOM HILL ROAD NO. 24, APPROXIMATELY 1.11 ACRES LOCATED AT 15900 BLOSSOM HILL ROAD. APN 527 -07 -014. FILE #AN 14 -005. RECOMMENDATION: Adopt a resolution making determinations and approving the reorganization of territory designated as Blossom Hill Road. No. 24, approximately 1. 11 acres, located at 15900 Blossom Hill Road (APN 527 -07 -014). 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 requested annexation includes a non - conforming use of a commercial pottery school at the property location. Town Code allows a 20 -year amortization of a non - conforming use in which the applicant will have 20 years to either discontinue the non - conforming use or apply to modify Town Code to permit the non - conforming use. There is no development application associated with the annexation proposal. 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). PREPARED BY: LAUREL R. PREVETTI, V OW ga)T.* Assistant Town Manager/Director of Community Development Reviewed by: N/A Assistant Town Manager own Attorney Finance N:\DEV \TC REPORTS \2015\BlossomHillNo.24- PP.dmx Reformatted: 5/30/02 Revised: 4/27/15 10:39 AM PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: BLOSSOM HILL ROAD NO.24 /AN14 -005 April 27, 2015 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 April 21, 2015 Town Council meeting and the protest proceedings are set for May 5, 2015. 11361418RI M1635 The Town has received a petition requesting annexation to the Town of Los Gatos from Joanne Brice, owner of the property at 15900 Blossom Hill Road. The property is located at the south eastern corner of the eastern intersection of Old Blossom Hill Road and Blossom Hill Road in an unincorporated County pocket. The property is in the Town's Urban Service Area, is contiguous to the Town boundary, and is pre -zoned HR -1 (Hillside Residential, I to 5 acres for each dwelling unit). Annexation would allow Town services to be extended to the property and reduce an existing County pocket. 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: 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 Blossom Hill Road No. 24, including Exhibits A and B Distribution: Joanne Brice, 15900 Blossom Hill Road, Los Gatos, CA 95032 LRP:JLS:cg Blossom Hill Road No'`1,4 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 BLOSSOM HILL ROAD NO. 24 APPROXIMATELY 1.11 ACRES LOCATED AT 15900 BLOSSOM HILL ROAD APN: 527 -07 -014 ANNEXATION APPLICATION: AN -14 -005 PROPERTY OWNER: JOANNE BRICE 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 and Santa Clara County Lighting Service Area, 1.11 acres located at 15900 Blossom Hill Road (APN: 527 -07- 014), has been filed by Joanne Brice; 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 Blossom Hill Road No. 24, 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 1. 11 acres. 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 1297 in 1975 pre- zoning the subject territory with an HR -1 [Hillside Residential, one (1) to five (5) acres for each dwelling unit] 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 5th day of May, 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 5W V=RidgeNo.I- PP.docx This Page Intentionally Left Blank EXHIBIT'A' ANNEXATION TO THE TOWN OF LOS GATOS BLOSSOM HILL ROAD NO. 24 GEOGRAPHIC DESCRIPTION All that certain property situate in the Unincorporated Area of the County of Santa Clara, State of California, being all of Parcel 1 as shown on the Record of Survey map filed on June 7, 1999 in Book 716 of Maps at Page 35, Santa Clara County records and portions of Old Blossom Hill Road; being a part of Section 14, Township 8 South, Range 1 West, Mount Diablo Meridian and a part of the Rancho Rinconada de Los Gatos, more particularly described as follows: BEGINNING at the southwest corner of that certain annexation entitled "Camino Del Cerro No. 7" Annexation to the Town of Los Gatos, said point being on the general northerly line of that certain annexation entitled "Blossom Hill Number One -A" and being the southeasterly corner of said Parcel 1: Thence along the general northerly line of said "Blossom Hill Number One -A" (1) North 810 22' 00" West, 120.76 feet to the northeasterly corner of that certain annexation entitled "Blossom Hill No. 16 "; Thence along the general northerly line of said "Blossom Hill No. 16" (2) North 810 22' 00" West, 79.14 feet; Thence (3) South 07° 46'00" West, 58.00 feet; Thence (4) West 70.44 feet to the curved southerly line of Old Blossom Hill Road, 40 feet wide; Thence (5) on a radial line, North 25° 44'22" West, 20.00 feet to a point on the centerline of Old Blossom Hill Road, said point being on the general southeasterly line of that certain annexation entitled "Winterbrook Number One Annexation ", said point being the beginning of a non - tangent curve, concave northwesterly, having a radius of 180.00 feet, from which the radius point bears North 250 44' 22" West; Thence (6) along the general southeasterly line of said "Winterbrook Number One Annexation ", northeasterly, along said curve, through a central angle of 560 27' 38 ", for an arc length of 177.38 feet; Thence (7) North 070 48' 00" East, 119.59 feet to the beginning of a curve to the right, having a radius of 200.00 feet; ExHmPf A ofAttachment 2 r Thence (8) along said curve, through a central angle of 30° 01'42", for an arc length of 104.82 feet to the most westerly corner of that certain annexation entitled "Blossom Hill No. 18 "; Thence (9) along the southerly line of said "Blossom Hill No. 18 ", North 690 37'00" East, 105.36 feet to a point on the general southeasterly line of Blossom Hill Road, at the point of beginning of a curve, concave southeasterly, having a radius of 170.00 feet, from which the radius point bears South 200 23' 00" East, as shown on said Record of Survey map; Thence (10), leaving said "Blossom Hill No. 18 ", southwesterly, along said curve, through a central angle of 460 39' 00 ", for an arc length of 138.41 feet to the most northerly corner of said Parcel 1; Thence along the general northerly and easterly lines of said Parcel 1 (11) South 49° 02' 00" East, 48.00 feet; Thence (12) South 230 32' 00" East, 68.71 feet; Thence (13) South 60° 17' 00" East, 96.23 feet to a point on the westerly line of said annexation entitled "Camino Del Cerro No. 7 "; Thence (14) along said westerly line, South 080 11' 00" West, 145.25 feet to the POINT OF BEGINNING and containing 1.111 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 the basis for an offer for sale of the land described. D. Cp Kristina D. Comerer, PLS 6766 9� LS 6766 Rev. Date: N.oV� ?4,101 EvJI -3 -Lt- 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. [a LS 6766 Exp it / EXISTING TOWN OF LOS GATOS BLOSSOM HILL NO. 18 ANNEXATION EXHIBIT B PROPOSED ANNEXATION TO TOWN OF LOS GATOS BLOSSOM HILL ROAD NO. 24 LYING WITHIN UNINCORPORATED AREA OF SANTA CLARA COUNTY, CALIFORNIA SCALE. 1" = 100' NOVEMBER 2012 S. 14, T. 8 S., R. 1 W., MDM AND RANCHO RINCONADA DE LOS GATOS LOCATION MAP 02� > -0 z o N 69'37'00" E / 8R0P� ?�oP �^z ROAD 105.36 0 / 520.(R� BLO H\U s R= 200.00 ®A--30'01'42 L =104,812 KRISTINA D. COMERER PLS 6766 REV. DATE:11 .-A I S PM 787 M. 12,13 Qv R= 170.00 F x46'39'00" 0 s 'Q L= 138.41 Z Q J APN: 527 -07 -013 C R /S716M 35 S07'46'00 "W rte© PARCEL 2 o� S49'02'00 "E 48.00 L4 S23'32'00 "E 68.71 EXISTING Z J N �� APN: 527 -07 -011 TOWN OF LOS GATOS Z L A WINTERBROOK NUMBER ONE° ^' 30' K Q ANNEXATION © ^^>��/ Q 2 ` 4Q N ° A v Ov Q �ro Z ROPOSED ANN ° ��0�/ AREA-1.111 EXATIONCO 1 25'44'22" W i�qR ACRES +/ / .0.00 / lO L1 q) Icv N 81'22'00" W POINT OF 120 76 O BEGINNING EXISTING TOWN OF LOS GATOS BLOSSOM HILL NUMBER ONE -A ANNEXATION LEGEND BOUNDARY LINE OF PROPOSED ANNEXATION WEST / 70.44® EXISTING TOWN OF LOS GATOS BLOSSOM HILL NO. 16 ANNEXATION NO. BEARING DISTANCE Ll N81'22'00 "W 79.14 L2 S07'46'00 "W 58.00 L3 S49'02'00 "E 48.00 L4 S23'32'00 "E 68.71 L5 S60'1 7'00"E 96.23 3 W S 244 M. Jl ° o PARCEL 6 I^ EXISTING TOWN OF LOS GATOS 'q� CAMINO DEL CERRO N0. 7 R) ° ANNEXATION — EXISTING TOWN OF LOS GATOS BOUNDARY ( ) RECORD PER CAMINO DEL CERRO NO. 7 CROSS LAND SURVEYING, INC. 2210 MT. PLEASANT ROAD WL SAN JOSE, CA 95148 or (408) 274 -7994 PROJECT NO. 12 -47 offAttac6ment 2 This Page Intentionally Left Blank