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5MEETING DATE: 10/07/13 ITEM NO. 5- �as•0.jos COUNCIL AGENDA REPORT DATE: September 25, 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. 25, APPROXIMATELY .26 ACRES LOCATED AT 16330 SHANNON ROAD (APN: 532 -03 -035); FILE #AN12 -004. RECOMMENDATION: Adopt resolution setting date for consideration of reorganization of uninhabited area designated as Shannon Road No. 25, approximately.26 acres located at 16330 Shannon Road (APN: 532 -03 -035). 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. Eligible properties may also be annexed at the property owner's request, as is the case with this annexation. 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. PREPARED BY: Sandy L. Baily, Director of Community Development 6�b Reviewed by: Assistant Town Manager -a— Town Attorney -� �Finance NADEV%TC REPORTS\2013\Sha mNo.25- intro.doe Refomatted: 5 /30/02 Revised: 9/25113 10:02 AM PAGE MAYOR AND TOWN COUNCIL SUBJECT: SHANNON ROAD NO. 25/AN12 -004. September 25, 2013 DISCUSSION: The Town has received a petition requesting annexation to the Town of Los Gatos from Carrie and Matthew Currie, owners of the property at 16330 Shannon Road. The property is located on the south side of Shannon Road between Shady View and Bonnie Lanes, 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 -1:8 (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 October 21, 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. 25, including Exhibits A & B. Distribution: Carrie and Matthew Currie, 16330 Shannon Road, Los Gatos, CA 95032 SLB:SA:ct This 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. 25, PROPERTY LOCATED AT 16330 SHANNON ROAD APPROXIMATELY .26 ACRES (APN: 532 -03 -035) WHEREAS, the Town Council of the Town of Los Gatos has received a request for annexation of territory designated Shannon Road No. 25 from Carrie and Matthew Currie; and WHEREAS, the property, .26 acres located at 16330 Shannon Road, APN: 532 -03 -035, 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 Tomi 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 Shannon Road No. 25 at its regular meeting of October 21, 2013. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 7h 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 NADEVT F';W20 13ShanoonWo_'5 -Reno Um EXH IB iT A GEOGRAPHIC DESCRIPTION SHANNON ROAD ANNEXATION NO. 25 A AI KICY.ATIOC'. T� THE TOWN OF I OS GATOS ANNE ALL THAT CERTAIN REAL PROPERTY SITUATE 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: BEING LOT 35, AS SHOWN ON THAT CERTAIN MAP ENTITLED "TRACT NO.791 BEING A PART OF LOTS C AND D OF THE SUBDIVISION OF THE M.S. GARDNER ESTATE," FILED FOR RECORD SEPTEMBER 10, 1952 IN BOOK 40 OF MAPS AT PAGE 33, SANTA CLARA COUNTY RECORDS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EXISTING LOS GATOS TOWN LIMIT AS ESTABLISHED BY TOWN OF LOS GATOS RESOLUTION NO. 2012 =068, SHANNON ROAD ANNEXATION NO. 24, SAID POINT ALSO BEING THE NORTHEASTERLY CORNER OF SAID LOT 35; THENCE LEAVING SAID TOWN LIMIT THE FOLLOWING COURSE: (1) S12 °54'50 "W 149.29 FEET; (2) N73 °42'50 "W 78.11 FEET; (3) N12 °54'50 "E 142.27 FEET TO A POINT ON SAID EXISTING TOWN LIMIT; THENCE ALONG SAID TOWN LIMIT; (4) S78 °52'00 "E 78.01 FEET TO THE POINT OF BEGINNING; CONTAINING 0.26 ACRES, MORE OR LESS. SEE EXHIBIT B FOR THE ACCOMPANYING MAP, ATTACHED HERETO AND MADE A PART THEREOF. 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. PREPARED ON OCTOBER 31, 2012 REVISED AUGUST 24, 2013 BY LC ENGINEERING Nr it No. 6438. Exp. 12/31/2014 _.-- --- ---- --- _.- , - ---- -' - 4 /b-- P- n -I -Xc- -- TOM H. MILO LS N O. 6438 EXPIRATION DATE 12/31/2014 EXHIBIT A SHEET I or 2 Of Attachment 2 This Page Intentionally Left Blank EXHIBIT ".B" S F—i , N N ® N 'C S78`52'00 "E 164.55' 0 15' 30' 60' Scale 1 inch = 30 ft. - - - L - z I LOT 34 APN 532 -03 -034 I � n L i MUNITV MAP T -NTS i� N N v R a N N i 0 n R O A EXISTING LOS GATOS .TOWN LIMIT AS ESTABLISHED BY RESOLUTION 2012 -068, SHANNON ROAD ANNEXATION NO. 24 (4) S78 °52'00 "E 78.01 TRACT NO. 791 LOT 35 BK.40 MAPS PG. 33 APN 532 -03 -035 0.26± ACRES POINT OF BEGINNING IS o � N !n N1 _N N � Z D Q V1 LOT 33 (2) N 73°42'S0"W APN 532 -03 -033 78.17' LEGEND & ABBREVIATIONS BASIS NGS: THE BEARING, S78'52'00 "E. THE PARCEL LINE - CENTERLINE OF OF SHANNON ROAD, AS SAID CENTERLINE IS PROPESED ANNEXATION LINE SHOWN ON THE MAP OF TRACT NO. 791, RECRODED IN CE — CENTERLINE BOOK 40 OF MAPS AT PAGE 33, SANTA CLARA COUNTY - - -- EXISTING - LOS -GATOS TOWN LIMIT RECORDS, WAS USE AS THE BASIS OF ALL BEARING SHOWN - ON THIS PLAT. 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.' SHANNON ROAD ANNEXATION NO. 25 PLAT ENGINEERING LANDS OF CURRIE 16330 SHANNON ROAD, APN 532 -03 -035 1291 Oakland Rood BEING A PORTION OF RANCHO RINCONNADA DE LOS GATOS San .lose, CA 95112 Phone: (408) 806 -7187 County of Santa Clara- California Fax: (408) 583 -4006 SCALE: DATE: 10/31/12 DRVIG. NAME: PROJECT ND. SHEET 2 OF 2 � _ � RELnscD:Da /zs /ia E%HIBIT B OF Attachment 2 W® 0. V 0 Q i MUNITV MAP T -NTS i� N N v R a N N i 0 n R O A EXISTING LOS GATOS .TOWN LIMIT AS ESTABLISHED BY RESOLUTION 2012 -068, SHANNON ROAD ANNEXATION NO. 24 (4) S78 °52'00 "E 78.01 TRACT NO. 791 LOT 35 BK.40 MAPS PG. 33 APN 532 -03 -035 0.26± ACRES POINT OF BEGINNING IS o � N !n N1 _N N � Z D Q V1 LOT 33 (2) N 73°42'S0"W APN 532 -03 -033 78.17' LEGEND & ABBREVIATIONS BASIS NGS: THE BEARING, S78'52'00 "E. THE PARCEL LINE - CENTERLINE OF OF SHANNON ROAD, AS SAID CENTERLINE IS PROPESED ANNEXATION LINE SHOWN ON THE MAP OF TRACT NO. 791, RECRODED IN CE — CENTERLINE BOOK 40 OF MAPS AT PAGE 33, SANTA CLARA COUNTY - - -- EXISTING - LOS -GATOS TOWN LIMIT RECORDS, WAS USE AS THE BASIS OF ALL BEARING SHOWN - ON THIS PLAT. 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.' SHANNON ROAD ANNEXATION NO. 25 PLAT ENGINEERING LANDS OF CURRIE 16330 SHANNON ROAD, APN 532 -03 -035 1291 Oakland Rood BEING A PORTION OF RANCHO RINCONNADA DE LOS GATOS San .lose, CA 95112 Phone: (408) 806 -7187 County of Santa Clara- California Fax: (408) 583 -4006 SCALE: DATE: 10/31/12 DRVIG. NAME: PROJECT ND. SHEET 2 OF 2 � _ � RELnscD:Da /zs /ia E%HIBIT B OF Attachment 2 This Page Intentionally Left Blank