4�4W N OF
I 41�,�'
e19
DATE:
TO:
FROM:
SUBJECT:
MEETING DATE: 09/16/13
ITEM NO. H
COUNCIL AGENDA REPORT
September 9, 2013
MAYOR AND TOWN COUNCIL
GREG LARSON, TOWN MANAGER
ADOPT RESOLUTION SETTING DATE FOR CONSIDERATION OF
REORGANIZATION OF AN UNINHABITED AREA DESIGNATED AS
ENGLEWOOD AVENUE NO. 9, APPROXIMATELY ,49 ACRES LOCATED
AT 16428 ENGLEWOOD AVENUE. APN 532 -05 -019. FILE #AN13 -002.
RECOMMENDATION:
Adopt resolution setting date for consideration of reorganization of uninhabited area designated as
Englewood Avenue No. 9, approximately .49 acres located at 16428 Englewood Avenue (APN: 532-
05 -019).
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. Annexation has been
requested in advance of submittal of an Architecture and Site application for a new single - family
residence.
Section 56757 of the Cortese - Knox - Hertzberg Local Govermnent 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
amnexation is uninhabited and all property owners have consented to the annexation. This first
meeting and resolution sets the date for the protest proceeding.
Sandy L. Baily, Director of Community Development 606
Reviewed by: 151 Assistant Town Manager Town Attorney 4 Yinance
N: \DEV\TC REPORTS \2013 \EnglewoodNo9intro. doe Reformatted: 5/30/02 Revised: 9 /9/13 9:08 AM
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ENGLEWOOD AVENUE NO. 9 /FILE #AN13 -002
September 9, 2013
DISCUSSION:
The Town has received a petition requesting annexation to the Town of Los Gatos from Steve
Massei, owner of the property at 16428 Englewood Avenue. The property is located on the east side
of Englewood Avenue between Shannon Road and Topping Way, in an unincorporated County
island.
The property is in the Town's Urban Services Area, is contiguous to a Town boundary, and is pre -
zoned R -1:20 (single family residential, 20,000 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 October 7, 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 petitioner also paid an Annexation Fee of $2,875.00 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
Englewood Avenue No. 9, including Exhibits A & B.
Distribution:
Steve Massei, 2257 Vineyard Heights Lane, Pleasanton, CA 94566
SLB:SA:ct
RESOLUTION 2013 -
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
SETTING DATE FOR CONSIDERATION OF REORGANIZATION
OF UNINHABITED TERRITORY DESIGNATED
ENGLEWOOD AVENUE NO. 9,
PROPERTY LOCATED AT 16428 ENGLEWOOD AVENUE
APPROXIMATELY .49 ACRES (APN: 532 -05 -019)
WHEREAS, the Town Council of the Town of Los Gatos has received a request for
anexation of territory designated Englewood Avenue No. 9 from Steve Massei; and
WHEREAS, the properly, .49 acres located at 16428 Englewood Avenue, APN: 532 -05 -019,
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 -1:20 (single family residential, 20,000 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
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 armlexation proceedings and will consider annexation of the territory
designated as Englewood Avenue No. 9 at its regular meeting of October 7, 2013.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 16"' day of September, 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 TIIE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
P�:1!' >ii�1''`.ltl: `. 9t") �'•„ 013sC :ns.t;x�,anritio�- lZr,,<�i.iloc
EXHIBIT 'A'
ANNEXATION TO THE TOWN OF LOS GATOS
ENGLEWOOD AVENUE NO. 9
GEOGRAPHIC DESCRIPTION
All that certain property situate in the Unincorporated Area of the County of Santa Clara,
State of California, being Lot 14 as shown on the map entitled "TRACT NO. 38
ENGLEWOOD SUBDIVISION ", filed on March 9, 1936 in Book 1 of Maps at Pages 28
and 29, Santa Clara County records; being a part of Rancho Rinconada de Los Gatos,
more particularly described as follows:
BEGINNING at the southeast corner of that certain annexation entitled "Englewood
Avenue No. 2" Annexation to the Town of Los Gatos, said point being on the easterly
line of Englewood Avenue, 50.00 feet wide and being the southwest corner of said Lot
14;
Thence along the general easterly line of said "Englewood_ Avenue No. 2 ", (1) North 20°
31' 00" East, 80.00 feet to an angle point therein, being the northwest corner of said Lot
14;
Thence (2) leaving said general easterly line, along a general southerly line of said
"Englewood Avenue No. 2 ", South 78° 41'00" East, 272.21 feet to an angle point
therein, being the northeast corner of said Lot 14;
Thence (3) leaving said general southerly line, along the easterly line of said Lot 14,
South 190 40' 00" West, 79.81 feet to the southeast corner of said Lot 14, being the
northeast corner of that certain annexation entitled "Englewood Avenue No. 1"
Annexation to the Town of Los Gatos;
Thence (4) along the northeasterly line of said "Englewood Avenue No. 1" North 780 41'
00" West, 273.41 feet to the POINT OF BEGINNING and containing 0.495 acres of
land, more or less.
END OF DESCRIPTION
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.
Kristina D. Comerer, PLS 6766x. {�
Rev. Date:
010
EXHIBIT A
Of • Attachment 2
Th is Page
Intentionally
Left Blank
FOR ASSESSMENT PURPOSES ONLY. THIS EIB1 T B
DESCRIPTION OF LAND IS NOT A LEGAL PROPOSED ANNEXATION TO
PROPERTY DESCRIPTION AS DEFINED IN TOWN OF LOS GATOS
THE SUBDIVISION MAP ACT AND MAY NOT ENGLEWOOD AVENUE NO. 9
BE USED AS THE BASIS FOR AN OFFER FOR
SALE OF THE LAND DESCRIBED. LYING WITHIN
UNINCORPORATED AREA OF SANTA CALIFORNIA
SCALE; 1 " = Rn' JULY 201
ENGLEWOOD s N
v�
AVENUE
1� N E v'
80.00 O1 EXISTING
POINT OF TOWN OF LOS GATOS
BEGINNING ' ENGLEWOOD AVENUE NO. 2
/ ANNEXATION
a z b a �I
z Ic )z c'I
j
w'0
rn
Cif cn I Ln N
®'Nl �CAMO N
cn W i �1 c� N
EXISTING
TOWN OF LOS GATOS
ENGLEWOOD AVENUE NO. 1
ANNEXATION
a
-o
z
Un
N
0
cn
II
0
LOCATION MAP
LOS GATOS
BLVD,
ZNGLEW ROBIE LN.
to
A GNU 00p
=
Z
N
SIT
E. LA CHIQUITA
P
AVENUE
o
0
v
-rRA (,-7 NO, 3rd
)51JrL,5wo m SUBL)-jvslc)pl "
J JWAI=S 23 & 29
KRISTINA D. COMERER
PLS 6766
REV. DATE:
.� 79.81® �� —_
S 19'40'00" W
L
9 3_ 4_
00
RANCHO RINCONADA DE LOS GATOS
BOUNDARY LINE OF
PROPOSED ANNEXATION
EXISTING TOWN OF
LOS GATOS BOUNDARY
CROSS LAND SURVEYING, INC.
2210 MT. PLEASANT ROAD
W L SAN JOSE, CA 95145
or (408) 274 --7994
PROJECT NO. 1; —E0
Of Attachment 2
This Page
Intentionally
Left Blank