4MEETING DATE: 10/07/13
ITEM NO.
ADS GAiOS
COUNCIL AGENDA REPORT Ld
DATE: September 17, 2013
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: ADOPT RESOLUTION MAKE\TG DETERMINATIONS AND APPROVING
THE REORGANIZATION OF TERRITORY DESIGNATED ENGLEWOOD
AVENUE NO. 9, CONTAINING APPROXIMATELY .49 ACRES LOCATED
AT 16428 ENGLEWOOD AVENUE (APN: 532 -05 -019). FILE #AN13 -002.
RECOMMENDATION:
Adopt a resolution making determinations and approving the reorganization of territory designated
Englewood Avenue No. 9, containing 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 that is either contiguous to a Town
boundary, or within 300 feet of a Town maintained roadway if the use is intensified. The subject
property is contiguous to a Town boundary on the north, south and west sides. The property owner
requested annexation independent of a development application, although an Architecture and Site
application to construct a new single - family residence is expected to be submitted in the near future.
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 applicationto 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 anexation is uninhabited and all property
owners have consented to the annexation. This annexation was introduced at the September 16,
2013, Town Council meeting.
PREPARED BY: Sandy L. Baily, Director of Community Development
Reviewed by: Assistant Town Manager
Town Attorney Finance
N: \DEV\TC REPORTS \2013 \EnglewoodNo.9- PP.doc Reformatted: 5 /30102 Revised: 9 /13/13 3 :20 PM
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ENGLEWOOD AVENUE NO. 9 /AN13 -002
September 17, 2013
DISCUSSION:
The Town received a petition from Steve Massei, owner of the property at 16428 Englewood
Avenue, requesting annexation to the Town of Los Gatos. The property is located in an
unincorporated island of the County, within the Town's Urban Services Area boundary. The parcel is
pre -zoned R -1:20 (single family residential, 20,000 sq. ft. minimum lot size). Am-rexation will allow
Town services to be extended to the properties and help fill an existing County island.
Since this is a 100% consent, uninhabited annexation (less than twelve registered voters), a public
hearing is not required. Required notice of the annexation and waiver of protest proceeding was
provided to Santa Clara County Planning and County Library Service Area.
ENVIRONMENTAL ASSESSMENT:
Pursuant to Section 15061(b)(3) of the California Environmental Quality Act, annexation of the
subject property is categorically exempt. No further environmental analysis is required.
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 has also paid a $2,875 annexation fee to the Town. Once the annexation is certified
by the State Board of Equalization, the Town will receive 9.6% of the property taxes.
Attacluments:
1. Location Map (one page)
2. Resolution malting determinations and approving the reorganization of territory designated as
Shannon Road No. 26 (with Exhibits A & B)
Distribution:
Steve Massei, 2257 Vineyard Heights Lane, Pleasanton, CA 94566
SLB:SA:ct
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RESOLUTION 2013 -
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
MAKING DETERMINATIONS AND APPROVING THE
REORGANIZATION OF TERRITORY DESIGNATED
ENGLEWOOD AVENUE NO. 9
APPROXIMATELY .49 ACRES
LOCATED AT 16428 ENGLEWOOD AVENUE
APN: 532 -05 -019
ANNEXATION APPLICATION: AN -13 -002
PROPERTY OWNER: STEVE MASSEI
WHEREAS, a petition for the annexation of certain territory to the Town of Los Gatos
and detachment of said territory from Santa Clara County Library Service Area, consisting of .49
acres located at 16428 Englewood Avenue (APN 532 -05 -019), has been filed by Steve Massei;
and
WHEREAS, said territory is uninhabited and all owners of land included in the proposal
consent to this armexation; 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 in
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, Govermnent 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; 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 Englewood Avenue No. 9, more particularly described
in Exhibit A and B;
ATTACHMENT 2
2. That the following findings are made by the Town Council of the Town of Los Gatos:
a. That said territory is uninhabited and comprises approximately .49 acres.
b. That 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 C.E.Q.A. under the provision of the California
Administrative Code, Title 14, Section 15061(b)(3).
d. 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.
e. That the territory is within the Town urban service area as adopted by the Local
Agency Formation Cormmission of Santa Clara County.
f That 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. That the proposed arexation will not create an island, and will facilitate provision of
efficient municipal services.
h. That the proposed annexation does not split lines of assessment or ownership.
i. That the proposed annexation is consistent with the Town's General Plan.
j. That the territory to be annexed is contiguous to a Town boundary.
k. That 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.
BE IT FURTHER RESOLVED, pursuant to Section 56663 (c) the Town waives protest
proceedings.
BE IT FURTHER RESOLVED, 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.
BE IT FURTHER RESOLVED, 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 7th day of October, 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
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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 200
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 780 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.
Imo. o c,, 4 z-
Kristina D. Comerer, PLS 6766
Rev. Date: a 15
ffiIBIT A
Of Attachment 2
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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.
ENGLEWOOD
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PROPOSED ANNEXATION TO
TOWN OF LOS GATOS
ENGLEWOOD AVENUE NO. 9
LYING WITHIN
UNINCORPORATED AREA OF
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SCALE: 1" v 60' JULY 2013
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TOWN OF LOS GATOS
ENGLEWOOD AVENUE NO. 2
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REV. DATE:�.�s�ac�
RANCHO RINCONADA DE LOS GATOS
LEGEND
BOUNDARY LINE OF
PROPOSED ANNEXATION
— v — EXISTING TOWN OF
LOS GATOS BOUNDARY
CROSS LAND SURVEYING, INC.
2210 MT. PLEASANT ROAD
WL SAN JOSE, CA 95148
or (408) 274 -7994
PROJECT NO. 13 -60
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