Staff Report MarchmontPREPARED BY: JOEL PAULSON
Community Development Director
Reviewed by: Assistant Town Manager Town Attorney Finance
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MEETING DATE: 08/02/16
ITEM NO: 5
COUNCIL AGENDA REPORT
DATE: JULY 19, 2016
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
MARCHMONT DRIVE NO. 4, APPROXIMATELY 0.28 ACRES LOCATED
AT 16709 MARCHMONT DRIVE (APN 532-09-044). FILE #AN16-004.
RECOMMENDATION:
Adopt a resolution (Attachment 2) to set a date for consideration of a reorganization of an
uninhabited area designated as Marchmont Drive No. 4, approximately 0.28 acres, located at
16709 Marchmont Drive (APN 532-09-044).
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 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.
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: MARCHMONT DRIVE NO. 4/AN16-004
JULY 19, 2016
DISCUSSION:
The Town has received a petition requesting annexation to the Town of Los Gatos from Rachel
Parrinello, owner of the property at 16709 Marchmont Drive. The property is located on the
north side of Marchmont Drive 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 the size of 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 August 16, 2016.
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
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 Marchmont Drive No. 4 (includes Exhibits A and B)
Distribution:
Rachel Parrinello, 16350 Hilow Road, Los Gatos, CA 95032
Marchmont Drive No. 4
ATTACHMENT 1
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ATTACHMENT 2
RESOLUTION 2016 -
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
MARCHMONT DRIVE NO. 4
PROPERTY LOCATED AT 16709 MARCHMONT DRIVE
APPROXIMATELY 0.28 ACRES (APN: 532-09-044)
WHEREAS, the Town Council of the Town of Los Gatos has received a request for
annexation of territory designated Marchmont Drive No. 4 from Rachel Parrinello (property
owner); and
WHEREAS, the property, 0.28 acres located at 16709 Marchmont Drive, APN: 532-09-
044, 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 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; 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
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 a 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 Marchmont No. 4 at its regular meeting on August 16, 2016.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 2nd day of August, 2016, 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:\DEV\TC REPORTS\2016\Marchmont No.4\8-2-16 TC Mtg [Intro]\Attachment 2 - Resolution.doc 7/26/2016 11:41 AM
EXHIBIT "A"
GEOGRAPHIC DESCRIPTION
MARCH MONT DRIVE NO. 4 ANNEXATION TO THE TOWN OF LOS GATOS
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE UNINCORPORATED AREA OF THE COUNTY OF
SANTA CLARA, STATE OF CALIFORNIA, BEING A PART OF RANCHO RINCONADA DE LOS GATOS ,
DESCRIBED AS FOLLOWS :
BEING LOT 49 , AS SHOWN ON THAT CERTAIN MAP ENTITLED "TRACT NO. 328 KENWOOD ACRES," FILED
FOR RECORD JUNE 25, 1946, IN BOOK 10 OF MAPS AT PAGE 56, SANTA CLARA COUNTY RECORDS AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 49 ON THE EXISTING TOWN LIMITS
ESTABLISHED BY MARCHMONT DRIVE NO. 3 ANNEXATION;
(1) THENCE LEA VING SAID TOWN LIMITS NORTH 33 °18'00" EAST 142.00 FEET ALONG THE
WESTERLY LINE OF SAID LOT TO THE EXISTING TOWN LIMITS ESTABLISHED BY TOPPING WAY
NO . 3 ANNEXATION;
(2) THENCE SOUTH 73 °20'45" EAST 90 .02 FEET ALONG THE NORTHERLY LINE OF SAID LOT AND
EXISTING TOWN LIMITS ;
(3) THENCE LEAVING SAID TOWN LIMITS SOUTH 33°18'00" WEST 142.00 FEET ALONG THE
EASTERL Y LINE OF SAID LOT TO THE EXISTING TOWN LIMITS ESTABLISHED BY SAID
MARCHMONT DRIVE NO . 3 ANNEXATION ;
(4) THENCE NORTH 73 °20'45" EAST 90 .02 FEET ALONG THE SOUTHERLY LINE OF SAID LOT AND
EXISTING TOWN LIMITS TO THE POINT OF BEGINNING ;
CONTA INING 0.2 8 ACRES, MORE OR LESS.
SEE EXHIBIT B FOR THE ACCOMPANYING MAP, ATTACHED HERETO AND MADE A PART THEREOF.
FOR ASSESSMENT PURPOSES ONLY. THIS DESCRIPTION OF LAND IS NOT A LEGAL PROPERTY
DESCRIPTION AS DEFINED IN THE SUBD IVISI ON MAP ACT AND MAY NOT BE USED AS THE BASIS FOR
AN OFFER FOR SALE OF THE LAND-DESCRIBED .
LC ENGINEERING
598 E Santa Clara S t, Suite 270, San Jose , CA 951 12 SHEET 1 Of 2
PREPARED ON MARCH 22 , 2016
REVISED JUNE 13, 2016
LC ENGINEERING
EXPIRATION DA TE 12/3 1/201 6
P(408) 806 -7187 I F(408) 583-4 006
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0 ,,..,
0 ,,..,
LOT 53
APN 532-09-016
ANN(XA TI ON
AR(A
0.28 ACRES
VICINITY MAP
NTS
LOT 50
APN 53 2-09 -0 45
POINT OF
BEGINNING
-EXHIBIT "B "
EX IS TING TO WN LIMI TS
1 ESTABLI SHES BY 1
LOT 54 TOPPING WA y 7 LOT 55 ~ ~p~ 532-~9~~ __ N ~ A!!N_EXA TION_ J APN 5 32 -09-018
(2 ) S73"20'45"E 90.02'
LOT 49
APN 532-09-0 44
0.28± ACRES
LOT 48
APN 532 -09 -043
----- -~4)-f\i73 '20'45 W --9 0.02' --~ --EXISTIN~ ~O WN Ll~T~ --------
\_ ESTABLISH ED BY
MARCHMONT DRIVE
MARCHMO NT DRIVE NO. 3 ANNEXATION
3: ......__
·o
({)
<l S73"20'45"E (BASIS OF BEAR INGS) 60' 0 15 ' 30'
Scale 1 inc h = 3 0 ft.
BEING A PART OF RANCHO RINCON ADA DE LOS GATOS
LEGEND & ABBREV/A T/ONS BASIS OF BE ARINGS: THE BEARINGS SHOWN ON THIS
MAP AR E BASED ON THE CENTERLINE OF MARCHMONT
DRIVE AS FOUND MONUMENTED AS S73"2 0'45 "[ SHOWN
ON TRAC T NO . 328 "KEN WO OD ACRES" BEING A
PORTIO N OF SEC.22 T8S .,RIM, RECORDED JU NE 25. 1946
IN BOOK 10 OF MAPS A T PAGE 56, SANTA CLARA"
COUNTY RECORDS .
-----PARCEL LINE
-----PROPESED ANNEXA TION LIN[
---i-- -CENTERLINE
EXISTING TOWN LIMITS
DISCLAIMER : "FOR ASSESSMENT PURPO SES ONLY. THIS DESCRIPTION OF LAND IS NOT A LEGA L PROP ER TY DESC RIP TION AS DEFJNED
IN THE SUBDIVISION MAP ACT AND MAY NOT BE USED AS THE BASIS FOR AN OFFER FOR SAL[ OF TH[ LAND DESCRIBED."
MARCH MONT DRIVE NO. 4 ANNEXATION
PLAT
LANDS OF PARRINELLO
17609 MARCHMONT DRIVE, APN 532 -09-044
County of Santa Clara California
SC AL E: 1• ; ,
0
. DATE: 03/22/16 DRWG. NAME:
-' REVISED : 06/13/16
PROJECT NO . SHEET 2 OF 2
ENGI NEER I NG
598 E Santo Claro St, #270
Son Jose, CA 95112
Ph o ne: ( 4 0 8 ) 806 -718 7
Fox: ( 408) 583-4006
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