Staff Report Winterbrook RoadPREPARED BY: JOEL PAULSON
Community Development Director
Reviewed by: Assistant Town Manager Town Attorney Finance
C:\Users\slombardo\Downloads\Staff_Report.doc 9/15/2016 11:15 AM
MEETING DATE: 09/20/16
ITEM NO: 13
COUNCIL AGENDA REPORT
DATE: SEPTEMBER 8, 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
WINTERBROOK ROAD NO .5, APPROXIMATELY 0.394 ACRES LOCATED
AT 16020 WINTERBROOK ROAD (APN 523-26-014); FILE #AN16-005.
RECOMMENDATION:
Adopt a resolution (Attachment 2) to set a date for consideration of a reorganization of an
uninhabited area designated as Winterbrook Road No. 5, approximately 0.394 acres, located at
16020 Winterbrook Road (APN 523-26-014).
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 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. The total annexation area (0.394 acres) includes 0.166
acres of County street right-of-way.
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: WINTERBROOK ROAD NO .5/AN16-005
SEPTEMBER 8, 2016
DISCUSSION:
The Town has received a petition requesting annexation to the Town of Los Gatos from Joshua
Stults, owner of the property at 16020 Winterbrook Road. The property is located on the east
side of Winterbrook 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 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 October 4, 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
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 Winterbrook Road No. 5, including Exhibits A and B.
Distribution:
Joshua Stults, 16020 Winterbrook Road, Los Gatos, CA 95032
Winterbrook No. 5
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0 100200 400 600
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ATTACHMENT 1
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
WINTERBROOK ROAD NO .5
PROPERTY LOCATED AT 16020 WINTERBROOK ROAD
APPROXIMATELY 0.394 ACRES (APN: 523-26-014)
WHEREAS, the Town Council of the Town of Los Gatos has received a request for
annexation of territory designated Winterbrook Road No. 5 from Joshua Stults; and
WHEREAS, the property, 0.228 acres located at 16020 Winterbrook Road, APN: 523-
26-014, is contiguous to the Town of Los Gatos and within the Town’s Urban Service Area; and
WHEREAS, the total annexation area (0.394 acres) includes 0.166 acres of County street
right-of-way; 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
ATTACHMENT 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 Winterbrook Road No. 5 at its regular meeting on October 4, 2016.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 20th day of September, 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\09-20-16\13 16020 Winterbrook Road\Attachment 2 - Resolution to set date .doc 9/15/2016 11:15 AM
EXHIBIT 'A'
WINTERBROOK NO. 5
ANNEXATION TO THE TOWN OF LOS GATOS
GEOGRAPHIC DESCRIPTION
THE FOLLOWING LANDSAREAPORTION OF RANCHO RINCONADADE LOS GATOS ; LYING IN THE
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED A S FOLLOWS :
COMMENCING AT THE POINT OF BEGINNING (P.O.B.), SAID P.O.B. BEING AN ANGLE POINT IN THE
EASTERLY LINE OF WINTERBROOK NO. 3 ; SAID ANGLE POINT BEING THE WESTERLY END OF
THAT COURSE IN SAID WINTERBROOK NO. 3, "EASTERLY 15.00 FEET', SAID P.O.B . BEING THE
CENTER POINT OF THE 40 FOOT RADIUS CURVE AS SHOWN ON TRACT NO. 505, RECORDED IN
BOOK 38 OF MAPS , PAGE 1; THENCE
1. N 39°32'30" E 40.00 FEET ALONG THE 'NINTERBROOK NO . 3 LINE TO A POINT ON THE
NORTHEAST LINE OF THE CUL-DE-SAC OF WINTERBROOK ROAD , SAID POINT BEING
THE DIVIDING LINE OF LOTS 5 AND 6 OF SAID TRACT NO . 505 ; THENCE LEAVING
WINTERBROOK NO . 3
2 . ALONG A 40 FOOT RADIUS CURVE TO THE RIGHT FROM A TANGENT OF S 50 °27'30" E ,
CONCAVE TO THE SOUTHWEST, THROUGH AN INTERIOR ANGLE OF 85 °32'30" WITH A
CURVE LENGTH OF 59.72 FEET AND A CHORD OF 54.32 FEET ; THENCE
3 . S 35 °05'30" W 27 .54 FEET TO THE NORTHERLY CORNER OF LOT 7 OF SAID TRACT NO.
505 ; THENCE
4 . S 72 °55'40" E ALONG THE NORTHERLY LINE OF SAID LOT 7, 104.68 FEET; THENCE
5. S 03 °33'30 " E Ai_ONG THE EAST LINE OF SAID LOT 7 , 60.00 FEET; THENCE
6 . N 87°28'45" W Ai_ONG THE SOUTH LINE OF SAID LOT 7 , 162.59 FEET TO THE
SOUTHEAST LINE OF WINTERBROOK ROAD ; THENCE
7 . S 35 °05'30 " W ALONG LAST SAID LINE , 26.46 FEET; THENCE
8 . SOUTHERLY Ai_ONG LAST SAID LINE , Ai_ONG A 124.95 FOOT RADIUS CURVE TO THE
LEFT, CONCAVE TO THE EAST-SOUTHEAST, HAVING AN INTERIOR ANGLE OF 35 05'30"
FOR A LENGTH OF 76 .53 FEET AND A CHORD OF 75.34 FEET TO A POINT ON THE
NORTHERLY LINE OF WINTERBROOK NO. 1; THENCE
9 . S 8 1°22'00 " W ALONG THE LAST SAID LINE , 25.29 FEET TO T HE NORTHWEST CORNER
OF WINTERBROOK NO. 1 , LAST SAID CORNER BEING ON THE CENTERLINE OF
WINTERBROOK ROAD AND EASTERLY LINE OF WINTERBROOK NO. 2 ; THENCE LEAVING
WINTERBROOK NO . 1
10. NORTH Ai_ONG THE LAST SAID LINE , 3 .80 FEET; THENCE
11. NORTHEASTERLY ALONG THE LAST SAID CENTERLINE ALONG A 149.95 FOOT RADIUS
CURVE TO THE RIGHT, CONCAVE TO THE EAST-SOUTHEAST, HAVING AN INTERIOR
ANGLE OF 23°17'04'', FOR A DISTANCE OF 60.94 FEET AND A CHORD OF 60.52 FEET TO
THE SOUTHEAST CORNER OF WINTERBROOK NO. 3; THENCE LEAVING WINTERBROOK
N0.2
EXHIBIT A
12. CONTINUING ALONG THE SOUTHEAST LINE OF WITERBROOK NO . 3 AND SAID 149 .95
FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 11°48'26" FOR A DISTANCE OF
30 .90 FEET AND A CHORD OF 30 .85 FEET; THENCE
13. N 35 °05'30" E ALONG LAST SAID SOUTHEAST LINE , 156 .00 FEET; THENCE
14. N 54 °54'30" W 15 .00 FEET TO THE POINT OF BEGINNING.
ANNEXATION WINTERBROOK NO. 5 CONTAINS 0.394 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 THE SALE OF THE LAND DESCRIBED.
REVIS ION . NO. 1: JULY 1. 2016 -
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