6t W ra of MEETING DATE: 05/20/13
/
ITEM NO. /
(Q
COUNCIL AGENDA REPORT
S gpt
DATE: May 16, 2013
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: ADOPT RESOLUTION SETTING DATE FOR CONSIDERATION OF
REORGANIZATION OF AN UNINHABITED AREA DESIGNATED AS
SHANNON ROAD NO. 26, APPROXIMATELY .44 ACRES LOCATED AT
16560 SHANNON ROAD (APN: 532 -04 -001); FILE #AN13 -001.
RECOMMENDATION:
Adopt resolution setting date for consideration of reorganization of uninhabited area designated as
Shannon Road No. 26, approximately .44 acres located at 16560 Shannon Road (APN: 532 -04 -001).
BACKGROUND:
The Town has an agreement with Santa Clara County that requires annexation of any property
located within the Town's Urban Services Area boundary and contiguous to a Town boundary or
within 300 feet of a Town maintained roadway if the use is intensified. The property owner has
requested annexation in conjunction with a proposal to subdivide the property into two lots.
Section 56757 of the Cortese -Knox- Hertzberg Local Government Reorganization Act of 2000 gives
the 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 process is initiated by
the Town after the property owner files an annexation petition. However, legislation that became
effective in 2004 now requires the Town 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 protest proceeding.
top (�$tQL40
PREPARED BY: Todd Capurso, Acting Director of Community Development
Reviewed by: TI J Assistant Town Manager Town Attorney inance
N:OEV\TC REPORTS 20131ShannonNo.2&intro.doe Reformatted: 5 /30/02 Revised:5 /16 /13 8:26 /W
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: SHANNON ROAD NO. 26/FILE #AN13 -001.
May 16, 2013
DISCUSSION:
The Town has received a petition requesting annexation to the Town of Los Gatos from Greg Pion,
owner of the property at 16560 Shannon Road. The property is located on the southwest corner of
Shannon Road and West La Chiquita Avenue in an unincorporated island of the County.
The property is in the Town's Urban Services Area, is contiguous to a Town boundary, and is pre -
zoned R -1:8 (single family residential, 8,000 square feet minimum lot size). Annexation will allow
Town services to be extended to the property and help fill in an existing County "island." Santa
Clara County Planning and the County Library Service Area have been notified in writing of the
annexation request. The protest proceeding has been scheduled for June 3, 2013.
ENVIRONMENTAL ASSESSMENTS:
Annexation of the subject property is exempt from the California Environmental Quality Act
guidelines, pursuant to Section 15061(b)(3).
FISCAL IMPACT:
The following fees are assessed by Santa Clara County, LAFCO, and the State Board of
Equalization, and have been paid by the petitioner:
County Surveyor Map, legal description and guideline checking fee
$2,037.00
County Assessor's fee
$80.00
LAFCO processing fee
$1,154.00
State Board of Equalization fee
$300.00
The petitioners also paid an Annexation Fee of $2,799.00 to the Town.
Once the annexation is certified by the State Board of Equalization, the Town will receive 9.6% of
the property taxes.
Attachments:
1. Location map
2. Resolution making determinations and approving the reorganization of territory designated
Shannon Road No. 26, including Exhibits A & B.
Distribution:
Greg Pinn, 1475 Saratoga Avenue, Suite 250, San Jose, CA 95129
TC:SA:ct
Th is Page
Intentionally
Left Blank
RESOLUTION 2013 -
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
SETTING DATE FOR CONSIDERATION OF REORGANIZATION
OF UNINHABITED TERRITORY DESIGNATED
SHANNON ROAD NO. 269
PROPERTY LOCATED AT 16560 SHANNON ROAD
APPROXIMATELY .44 ACRES (APN: 532 -04 -001)
WHEREAS, the Town Council of the Town of Los Gatos has received a request for
annexation of territory designated Shannon Road No. 26 from Greg Pinn: and
WHEREAS, the property, .44 acres at 16560 Shannon Road, APN: 532 -04 -001, 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; and
WHEREAS, the annexation would provide for use of Town services; and
WHEREAS, the Town Council enacted an ordinance over 25 years ago pre- zoning the
subject territory with an R -1:8 (single family residential, 8,000 sq. ft. 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
ATTACH T 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 Shannon Road No. 26 at its regular meeting of May 20, 2013.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 20`h day of May, 2013, 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
N5I >P.Vyt r.S05`1() I MshannonNe2ti -ResoI Aoo
December 26, 2012
HMH 4287.00.110
Page 1 of 1
EXHIBIT "A"
GEOGRAPHIC DESCRIPTION
TOWN OF LOS GATOS — SHANNON ROAD ANNEXATION NO.26
REAL PROPERTY in the unincorporated area of the County of Santa Clara, State of California,
being a portion of Rancho Rinconada de Los Gatos, described as follows:
Beginning at a point in the general southerly Town of Los Gatos Limit Line as established by
Shannon Road Annexation No. 24 at the intersection of the northwesterly right of way line of W.
La Chiquita Avenue and the southerly right of way line of Shannon Road as described in said
Annexation and as shown on that Tract Map No. 618 recorded in Book 22 of Maps, page 38
Santa Clara County Records;
1. Thence South 19140' 00" West, 27.33 feet along the said general southerly Town of Los
Gatos Limit Line and the northwesterly right of way line of W. La Chiquita Avenue;
Thence leaving said Town Limit Line and continuing along the northwesterly line of said
W. La Chiquita Avenue,
2. South 19140' 00" West, 92.44 to the most easterly corner of Lot 1 as shown on said
Tract Map No. 618;
Thence continuing along said northwesterly right of way line,
3. South 19140'00" West, 19.00 feet;
4. Thence North 751 19' 21" West, 143.98 feet to a point in the northwesterly line of said
Lot 1 from which the most northerly corner of Lot 1 bears North 19140' 00" East, 10.00
feet;
5. Thence North 19140' 00" East, 10.00 feet to said most northerly corner of Lot 1;
6. Thence North 19140' 00" East, 109.66 feet along the northwesterly line of Lot A of the
Re- subdivision of Lot 8 of M.S. Gardner Subdivision as recorded in Book E of Maps,
page 81, Santa Clara County Records, to the said general southerly Town of Los Gatos
Limit Line as established by Shannon Road Annexation No. 24;
Thence along the said general southerly Town of Los Gatos Limit Line, the following two
courses:
7. North 19140' 00" East, 10.11 feet;
S. South 78152' 00" East, 145.04 feet to the POINT OF BEGINNING.
Containing 0.442 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.
REVISION DA'
42780OLDOtannex.docx
2013
1570 Oakland Road I San Jose, California 95131 1 (408) 487 -2200 1 (408) 487 -222' Fax I www.H 1Hca.com
EXHIBIT A
Of Attachment 2
TI, is Page
Intentionally
Left Blank
........... ............................... I ......
..........
............... .......
85 17
SUBJECT
PROPERTY
m�
OP BLOSSOM HILL RD.
TOWN OF
LOS GATOS 0 3
ON AD.
VICINITY MAP
NOT TO SCALE
P.
'ANNEX :NO:. 22:'
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........:..... A.P.N. . -.' -.
7.. % q �..:.'.':. .
............. 532 -04 -002 �Q A.P.N. . f.
532 -04 -054
'TOW OP'Ld- � SEE SHEET 2
COUNTY OF �:.:.:....
SANTA CLARA 1': / /1
..... _......... _,.... f
-:
T1iA:C7: N0;3$:::: :� TRACT NO.618 TRACT N0.583
TRACT NO.519
LEGEND
-� PROPOSED ANNEXATION BOUNDARY LINE
`'M.. .�� — _ — _ _ _ EXISTING TOWN OF LOS GATOS LIMIT LINE
DISCLAIMER:
_./ 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
V. _ AS THE BASIS FOR AN OFFER FOR SALE OF 0 60 120
THE LAND DESCRIBED."
1 IN. = 120 FT.
REVISION DATE: MARCH 26, 2013 SHEET 1 OF 2
Dads
9cde —
EXHIBIT B
ue.e PLAT TO ACCOMPANY GEOGRAPHIC DESCRIPTION
Chocked:. MM SHANNON ROAD ANNEXATION NO. 26
Pro — 1570 Oakland Road (40B) 487 -7100
427600PL01— San,loaa,CA95131 HMHoe.=m COUNTY OF SANTA CI ARA
BAHIB1T B — Of Attachment i
SHANNON ROAD
ANNEXATION NO. 1
ORDINANCE 452
A.P.N. 532 -05 -029
TOWN /
OF LOS
GATOS /
/
/ [
/
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RANCHO MNOONADA c�k; :'sc
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TOWN OF
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(7)
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POB �1)
PROJECT AREA
±0.442 ACRES 30•
A.P.N. 532-04-001 (2) �
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d
A.P.N. 532 -04 -002 V
Yll 1 IN.= 50 FT.
COURSE
BEARING
DISTANCE
(1)
S19140'00 "W
27.33'
(2)
S19'40'00 "W
92.44'
(3)
S19'40'00 "W
19.00'
(4)
N757921 "W
143.98'
(5)
N19'40'00 "E
10.00'
(6)
N19'4 OD "E
109.66'
(7)
N19'40'00 "E
10.11'
(8)
S78'52'00 "E
145.04'
I
REVISION DATE: MARCH 26, 2013
iZ _
—� 1570 Oakland Road (408) 487 -2200
LEGEND
SHANNON ROAD
ANNEXATION NO. 24
RESOLUTION NO. 2012 -068
30•
A.P.N.
532 -04 -055
A.P.N.
532 -04 -054
PROPOSED ANNEXATION BOUNDARY LINE
_ _ _ _ _ _ EXISTING TOWN OF LOS GATOS LIMIT LINE
POB POINT OF BEGINNING
A COURSE NUMBER
BASIS OF BEARINGS: THE BEARING "SOUTH 78 "52' EAST" OF
THE CENTER LINE OF SHANNON ROAD AS SHOWN ON THE
MAP OF TRACT NO. 583, FILED FOR RECORD IN BOOK 20,
PAGE 46, SANTA CLARA COUNTY RECORDS, WAS ADOPTED
AS THE BASIS OF BEARINGS.
DISCLAIMER:
"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."
SHEET 2 OF 2
EXHIBIT B
PLAT TO ACCOMPANY GEOGRAPHIC DESCRIPTION
SHANNON ROAD ANNEXATION NO. 26
CALIFORNIA