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2ZpWN OF _ MEETING DATE: 10/21/13 ITEM NO. S 6A1pS COUNCIL AGENDA REPORT DATE: October 2, 2013 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER SUBJECT: ADOPT RESOLUTION MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED SHANNON ROAD NO. 25, CONTAINING APPROXIMATELY .26 ACRES LOCATED AT 16330 SHANNON ROAD (APN: 532 -03 -035). FILE #AN12 -004. RECOMMENDATION: Adopt a resolution making determinations and approving the reorganization of territory designated Shannon Road No. 25, containing 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 that is either contiguous to a Town boundary, or within 300 feet of a Town maintained roadway if the use is intensified. Annexation may also be requested by the property owner when the property meets either of these criteria, as is the case with this annexation. The subject property is contiguous to a Town boundary on the north side. 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 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 annexation was introduced at the September 16, 2013, Town Council meeting. PREPARED BY: Sandy L. Baily, Director of Community Development 5 mx Reviewed by: N Assistant Town Manager Town Attorney N:TE)ATC REP0RTS12013 VShannonNo.25- PP.doo Reformatted: 5 /30/02 Revised: 10/2/13 9:38 AM PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: SHANNON ROAD NO.25/AN12 -004 October 2, 2013 DISCUSSION: The Town received a petition from Carrie and Matthew Currie, owners of the property at 16330 Shannon Road, 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 -1:8 (single family residential, 8,000 sq. ft. minimum lot size). Annexation 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(6)(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 Surve or 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 E ualization fee $300.00 The petitioner has also paid a $2,799 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. Attachments: 1. Location Map (one page) 2. Resolution making determinations and approving the reorganization of territory designated as Shannon Road No. 25 (with Exhibits A & B) Distribution: Carrie & Matthew Currie, 16330 Shannon Road, Los Gatos, CA 95032 SLB:SA:ct A goj3LE CT a`7 atvw ®e �Ao / Twzi n Ns ° 0 N 1 M � N 4}. 0 € .' F Q S ?I IV741 B /�,SOb r H € i m a) a Q a 1 N 0 Z ! o m X iD C d N C i O fN O ° O N M®7tFq N `\ QaM6>t� ® ® N / M N ATTACHMENT 1 This Page Intentionally Left Blank RESOLUTION 2013 - RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED SHANNON ROAD NO. 25 APPROXIMATELY .26 ACRES LOCATED AT 16330 SHANNON ROAD APN: 532- 03-035 ANNEXATION APPLICATION: AN -12 -004 PROPERTY OWNER: CARRIE AND MATTHEW CURRIE 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 .26 acres located at 16330 Shannon Road (APN 532 -03 -035), has been filed by Carrie and Matthew Currie; and WHEREAS, said territory is uninhabited and all owners of land included in the proposal consent to this annexation; 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, 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; 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 Shannon Road No. 25, 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 .26 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 -1:8 (single family residential, 8,000 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 Commission 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 annexation 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 21 st 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 \':' +,DG V'•.R�SGS': ?Ol , \SI mnnonNo75- Rcvo2.do< This Page Intentionally Left Blank EXHIBIT A GEOGRAPHIC DESCRIPTION SHANNON ROAD ANNEXATION NO. 25 ANNEXATION TO THE TOWN OF LOS GATOS 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 Till No. 6438. _ * Exp. 12/31/2014 TOM H. MILO EXPIRATION DATE SHEET 1 OF 2 01 LS N 0.6438 12/31/2014 EXHIBIT A Of Attachment This Page Intentionally Left Blank EXHIBIT "B" S H A N N O N al R O A ED N CE S78 "52'00 "E 164.55 0 15' 30' 60' Scale 1 inch = 30 ft. I Z Q N J LOT 34 APN 532 -03 -034 I W VICINITY MAP I NTS I LEGEND & ABBREVIATIONS PARCEL LINE PROPESED ANNEXATION LINE —� — CENTERLINE — - - — EXISTING LOS GATOS TOWN LIMIT b n i� N N W 0 in a N N I n LOT 33 APN 532 -03 -033 e 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 No. 6438 31 * Exp. 12/31/2014 * N73'42'5 Wl 78 1 m N al P N N N POINT OF BEGINNING 0 0 N I M u� Z o. BASIS OF BEARINGS: THE BEARING, S78'52'00 "E, OF THE CENTERLINE OF SHANNON ROAD, AS SAID CENTERLINE IS SHOWN ON THE MAP OF TRACT NO. 791, RECRODED IN BOOK 40 OF MAPS AT PAGE 33, SANTA CLARA COUNTY 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 1 1 r`F LANDS OF CURRIE ENGINEERING 16330 SHANNON ROAD, APN 532 -03 -035 1291 Oakland Road BEING A PORTION OF RANCHO RINCONNADA DE LOS GATOS San Jose, CA 95112 Phone: (408) 806 -7187 County of Santa Clara California Fax: 408) 583 -4006 SCALE: DATE: 10/31/12 ORWG. NAME: PROJECT NO. SHEET OF I - 30 REInSE):08 /24/13 2 2 EXHIBIT B Of Attachment 2 Wo >3 0 v 0 Q VICINITY MAP I NTS I LEGEND & ABBREVIATIONS PARCEL LINE PROPESED ANNEXATION LINE —� — CENTERLINE — - - — EXISTING LOS GATOS TOWN LIMIT b n i� N N W 0 in a N N I n LOT 33 APN 532 -03 -033 e 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 No. 6438 31 * Exp. 12/31/2014 * N73'42'5 Wl 78 1 m N al P N N N POINT OF BEGINNING 0 0 N I M u� Z o. BASIS OF BEARINGS: THE BEARING, S78'52'00 "E, OF THE CENTERLINE OF SHANNON ROAD, AS SAID CENTERLINE IS SHOWN ON THE MAP OF TRACT NO. 791, RECRODED IN BOOK 40 OF MAPS AT PAGE 33, SANTA CLARA COUNTY 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 1 1 r`F LANDS OF CURRIE ENGINEERING 16330 SHANNON ROAD, APN 532 -03 -035 1291 Oakland Road BEING A PORTION OF RANCHO RINCONNADA DE LOS GATOS San Jose, CA 95112 Phone: (408) 806 -7187 County of Santa Clara California Fax: 408) 583 -4006 SCALE: DATE: 10/31/12 ORWG. NAME: PROJECT NO. SHEET OF I - 30 REInSE):08 /24/13 2 2 EXHIBIT B Of Attachment 2 This Page Intentionally Left Blank