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HilowPREPARED BY : JOEL PAULSON Community Development Director Reviewed by: Assistant Town Manager Town Attorney Finance https://legistarweb -production.s3.amazonaws.com/uploads/attachment/attachment/7878/Hilow_Staff_Rpt.FINAL.docx Reformatted: 5/30/02 Revised: 3/31/16 1:24 PM MEETING DATE: 0 4 /0 5 /1 6 ITEM NO : 3 COUNCIL AGENDA REPORT DATE: M ARCH 23 , 201 6 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI , TOWN MANAGER SUBJECT: ADOPT A RESOLUTION MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED AS HILOW ROAD NO . 6 , APPROXIMATELY 0.27 ACRES LOCATED AT 16 362 HILOW ROAD. APN 532 -04 -082 . FILE #AN1 6 -00 1 . RECOMMENDATION : Adopt a resolution (Attachment 2) making determinations and approving the reorganization of territory designated as Hilow Road No. 6 , approximately 0.27 acres, located at 16 362 Hilow Road (APN 532 -04 -082 ). BACKGROUND : The Town has an agreement with Santa Clara County that requires annex ation 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 bounda ry. Annexation has been requested in conjunction with a proposal to demolish an existing single -family residence and construct ion of a new single -family residence on the property. Section 56757 of the Cortese -Knox -Hertzberg Local Government Reorganizat ion 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 are a proposed for annexation is uninhabited and all property owners have consented to the annexation. This annexation was introduced at the March 15 , 2016 Town Council meeting and the protest proceedings are set for April 5 , 201 6 . PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: HILOW ROAD NO. 6 /AN1 6 -00 1 MARCH 23 , 2016 DISCUSSION : The Town has received a petition requesting annexation to the Town of Los Gatos from Valy Jalalian , owner of the property at 16 362 Hilow Road . The property is located on the east side of Hilow 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 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 po cket. Since this is an 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. COOR DINATION : 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 : Onc e the annexation is certified by the State Board of Equalization, the Town will receive approximately 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 making determinations and approving the reorganization of territory designated as Hilow Road No. 6 (includ es Exhibits A and B ) Distribution : Valy Jalalian 140 Clover Way, Los Gatos, CA 95032 This Page Intentionally Left Blank RESOLUTION 2016 - RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MAKING THE DETERMINATIONS AND APPROVING THE REORGANIZATION OF UNINHABITED TERRITORY DESIGN A TED AS HILOW ROAD NO. 6 PROPERTY LOCATED AT 16362 HILOW ROAD APPROXIMATELY 0.27 ACRES (APN: 532-04-082) ANNEXATION APPLICATION: AN16-001 PROPERTY OWNER: VAL Y JALALIAN 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 0.27 acres l ocated at 16362 Hi low Road (APN: 532-04-082), has been filed by the property owner, Valy Jalalian ; and WHEREAS, said territory is uninhabited and all owners of land included in the proposal consent to this annexat ion ; and WHEREAS , Section 56757 of the Ca li fornia 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 i s 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 ofland within the affected territory , the Town Council may approve or disapprove the annexation wit hout a public hearing ; and WHEREAS , evidence was presented to the Town Cou n cil. 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 de s ignated as Hilow Road No. 6, more particularly described in E xhibits A and B. A'ITACHMENT 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 0.27 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 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 . L 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 ofland 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 April , 2016, by the following vote: COUNCIL MEMBERS : AYES: NAYS: ABSENT: ABSTAIN : ATTEST : SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N :\DEV\RESOS\20 l 6\HilowNo6 _Adopt_ R eso .4-5-16 .docx This Page Intentionally Left Blank This Page Intentionally Left Blank This Page Inten_tionally Left Blank