Staff Report linda ave�pW N 0
MEETING DATE: 11/03/15
ITEM NO: 5
GA��S COUNCIL AGENDA REPORT
DATE: OCTOBER 22, 2015
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: ADOPT A RESOLUTION TO SET A DATE FOR CONSIDERATION OF A
REORGANIZATION OF AN UNINHABITED AREA DESIGNATED AS LINDA
AVENUE NOA, APPROXIMATELY 0.23 ACRES LOCATED AT 15951 LINDA
AVENUE (APN 523 -25 -025); FILE #AN15 -001.
RECOMMENDATION:
Adopt a resolution (Attachment 2) to set a date for consideration of a reorganization of an uninhabited
area designated as Linda Ave. No. 4, approximately 0.23 acres, located at 15951 Linda Avenue (APN
523 -25 -025).
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 a 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 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 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 first meeting and resolution sets the date for the consideration of the
annexation and the protest proceeding.
PREPARED BY: JOEL PAULSON
Planning Manager
Reviewed by: �( Assistant Town Manager
N:\UtV\IC KLPUK I S \2015 \Lindallo.4 - intro.doc
Attorney
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: LINDA AVENUE NOA /AN15 -001
OCTOBER 22, 2015
DISCUSSION:
The Town has received a petition requesting annexation to the Town of Los Gatos from Amir Moeini,
owner of the property at 15951 Linda Avenue. The property is located on the east side of Linda Avenue
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
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
November 17, 2015.
COORDINATION:
The preparation of this report was coordinated with the Santa Clara County Library District, LAFCO,
County of Santa Clara County Assessor, County of Santa Clara County Surveyor, and the Santa Clara
County Planning Division.
FISCAL IMPACT:
Once the annexation is certified by the State Board of Equalization, the Town will receive 9.6% of the
property taxes.
ENVIRONMENTAL ASSESSMENT:
This is a project as defined under CEQA, but is Categorically Exempt under Section 15061(b)(3). A
Notice of Exemption will not be filed.
Attachments:
1. Location Map
2. Resolution to set a date for consideration of reorganization of uninhabited territory designated Linda
Avenue No. 4, including Exhibits A and B.
Distribution:
Amir Moeini, 15951 Linda Avenue, Los Gatos, CA 95032
Linda Avenue No. 4 Z
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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
LINDA AVENUE NO. 4
PROPERTY LOCATED AT 15951 LINDA AVENUE
APPROXIMATELY 0.23 ACRE (APN: 523 -25 -025)
WHEREAS, the Town Council of the Town of Los Gatos has received a request for
annexation of territory designated Linda Avenue No. 4 from Amir Moeini; and
WHEREAS, the property, 0.23 acres located at 15951 Linda Avenue, APN: 523 -25 -025,
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;
WHEREAS, the annexation would provide for use of Town services; and
WHEREAS, the Town Council enacted Ordinance 1267 in 1975 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
A'rTACHME 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 Linda Avenue No. 4 at its regular meeting on November 17, 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 November, 2015, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
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 \LINDANo 4.docx
LINDA AVENUE NO. 4
ANNEXATION TO THE TOWN OF LOS GATOS
GEOGRAPHIC DESCRIPTION
Real property in the unincorporated area of the County of Santa Clara, State of
California, being a portion of Lot 4 as shown on that certain map entitled, "TRACT NO.
344" recorded on November 24, 1947 in Book 15 of Maps, Page 3, Santa Clara County
Records lying within RANCHO RINCONADA DE LOS GATOS and described as
follows:
Beginning at a point on the Southwesterly line of Linda Ave, where the same is
intersected by the dividing line between Lots 3 and 4 as shown on said map, said Point of
Beginning lying on the existing town limits as established by Linda Avenue No. 2
Annexation;
1. Thence, leaving said town limits and along said dividing line between Lots 3 and 4,
South 68013'00" West, 185.55 feet;
2. Thence, along the Southwesterly line of said Lot 4, North 12 °45'00" West, 56.70 feet
to said town limits;
3. Thence, along said town limits line on a line drawn parallel to the dividing line
between said Lots 3 and 4, North 68 °13'00" East, 176.65 feet to the Northeasterly
line of said Lot 4;
4. Thence, along said town limits line on said Northeasterly line of Linda Ave. South
21047'00" East, 56.00 feet to the Point of Beginning and containing 0.2328 acres,
more or less.
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.
ON
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September 15, 2015
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