MarchmontPREPARED BY: JOEL PAULSON
Community Development Director
Reviewed by: Assistant Town Manager Town Attorney Finance
C:\Users\slombardo\Downloads\Staff_Rpt.docx Reformatted: 5/30/02 Revised: 8/12/16 12:17 PM
MEETING DATE: 08/16/16
ITEM NO: 3
COUNCIL AGENDA REPORT
DATE: JULY 19, 2016
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: ADOPT A RESOLUTION MAKING DETERMINATIONS AND
APPROVING THE REORGANIZATION OF TERRITORY 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) making determinations and approving the reorganization of
territory 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 annexation was introduced at the
August 2, 2016 Town Council meeting and the protest proceedings are set for August 16, 2016.
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 an existing County pocket.
Since this is a 100% consent, uninhabited annexation (less than twelve registered voters), a
public hearing is not required. Required notice of the annexation was provided to the Santa
Clara County Planning Division, and Santa Clara County Library Service Area.
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 making determinations and approving the reorganization of territory designated as
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
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 DESIGNATED AS
MARCHMONT DRIVE NO. 4
PROPERTY LOCATED AT 16709 MARCHMONT DRIVE
APPROXIMATELY 0.28 ACRES (APN: 532-09-044)
ANNEXATION APPLICATION: AN16-004
PROPERTY OWNER: RACHEL PARRINELLO
WHEREAS, a petition for the annexation of certain territory to the Town of Los Gatos
and detachment of said territory from the Santa Clara County Library Service Area, consisting of
0.28 acres located at 16709 Marchmont Drive (APN: 532-09-044), has been filed by Rachel
Parrinello (property owner); 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 a 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 Marchmont Drive 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 0.28 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.
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 Exhibits
A and B 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 16th 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:\SHARE\COUNCIL REPORTS\2016\08-16-16\Marchmont No. 4 - Adopt\Attachment 2 - Resolution.docx