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Approve Reorganization of Blossom Hill Manor No. 13tyW M ,r MEETING DATE: 04/21/14 ITEM NO. LE COUNCIL AGENDA REPORT DATE: April 11, 2014 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER SUBJECT: ADOPT RESOLUTION MAKING THE DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED AS BLOSSOM HILL MANOR NO. 13, APPROXIMATELY .41 ACRES LOCATED AT 16400 LILAC LANE (APN: 523 -13 -025). FILE #AN13 -003. RECOMMENDATION: Adopt a resolution making the determinations and approving the reorganization of territory designated Blossom Hill Manor No. 13, containing approximately .41 acres, located at 16400 Lilac Lane (APN: 523 -13 -025). BACKGROUND: The Town has an agreement with Santa Clara County that requires annexation of any property located within the Town's Urban Service 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. The property owner requested annexation in advance of the submittal of a planning application for a remodel and addition project. 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 April 7, 2014, Town Council meeting. PREPARED BY: SANDY L. BAILY,14-t� �.._ Director of Community Development Reviewed by: Assistant Town Manager Mown Attorney inance N:\DEV\1'C REPORTS \2014\131ossomnillManorNo. 13 -PP.dm Reformatted: 5/30/02 Revised: 4/11/14 9:47 AM PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: Blossom Hill Manor No. 13/AN 13-003 March 20, 2014 DISCUSSION: The Town received a petition from Steven and Meghan Bakota, owners of the property at 16400 Lilac Lane, requesting annexation to the Town of Los Gatos. The property is located in an unincorporated island of the County, within the Town's Urban Service 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 property 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 M4 p, legal description and guideline checking fee $2,037.00 Count 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. Attachments: 1. Location Map (one page) 2. Resolution making determinations and approving the reorganization of territory designated as Blossom Hill Manor No. 13 (with Exhibits A & B) Distribution: Steven and Meghan Bakota, 16400 Lilac Lane, Los Gatos, CA 95032 SLB:EW:ct Blossom Hill Manor No. 13 ATIACHMENT This Page Intentionally Left Blank RESOLUTION 2014 - RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MAKING THE DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED BLOSSOM HILL MANOR NO. 13 APPROXIMATELY .41 ACRES LOCATED AT 16400 LILAC LANE APN: 523 -13 -025 ANNEXATION APPLICATION: AN -13 -003 PROPERTY OWNER: STEVEN AND MEGHAN BAKOTA 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 .41 acres located at 16400 Lilac Lane (APN 523 -13 -025), has been filed by Steven and Meghan Bakota; 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 if 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 Blossom Hill Manor No. 13, 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 .41 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's Urban Service Area as adopted by the Local Agency Formation Commission of Santa Clara County. £ 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 April, 2014, 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 N:A DEV ARESOS\2014,BIossomHi11ManorNo l 3- Resoldoc This Page Intentionally Left Blank DESCRIPTION TO ACCOMPANY PLAT FOR AN ANNEXATION OF TERRITORY TO THE TOWN OF LOS GATOS, STATE OF CALIFORNIA Geographical Description: "Lying within Rancho Rieonada De Los Gatos, County of Santa Clara, California" All that certain real property located in the County of Santa Clara, State of California, being a portion of the Rancho Rinconada De Los Gatos, more particularly described as follows: BEGINNING at the southwesterly corner of that certain Annexation to the Town of Los Gatos known as "BLOSSOM HILL MANOR NO. 3 and along the northerly line of that certain Annexation to the Town of Los Gatos known as "BLOSSOM HILL NO. 8 ", said point being the southeasterly corner of lot 409 of Tract No. 862, "Blossom Hill Manor, Unit No. 4" filed for record in Book 38 of Maps at pages 5 through 7, Santa Clara County Records; thence along the northerly line of BLOSSOM HILL NO. 8 Annexation and the southerly line of said lot 409 of Tract No. 862; (1) N 89 °59'00" W, a distance of 111.91' to the southwesterly corner said lot 409 of Tract No. 862 and an angle point in the BLOSSOM HILL NO.8 Annexation, thence continuing along the BLOSSOM HILL NO. 8 Annexation and along the westerly line of said lot 409 of Tract No. 862; (2) N 01'50'00" E, a distance of 20.00', thence leaving the BLOSSOM HILL NO. 8 Annexation, and continuiug along the westerly line of said lot 409 of Tract No. 862; (3) N 01 °50'00" E, a distance of 32.72' to the southwesterly corner of said lot 409 of Tract No. 862; thence along the northwesterly line of said lot 409 of Tract No. 862; (4) N 53 °04'00" E, a distance of 164.98', tbence leaving said lot 409 of Tract No. 862 and traversing Lilac Lane, (5) N 53 °04'00" E, a distance of 60.00' to the northeasterly line of Lilac Lane to the point of curvature of a non - tangent curve, concave to the northeast, having a radius of 70.00', a central angle of 24 026'00 ", and a chord of 29.63', bearing S 49 009'00" E; (6) thence Southeastly along said curve, a distance of 29.85' to the westerly lines of said Blossom Hill Manor No 3; thence traversing Lilac Lane, and along the westerly line of said BLOSSOM HILL MANOR NO 3; (7)S 28 °38'00" W, a distance of 60.00' to the southwesterly line of Lilac Lane, said point being the northeasterly corner of said lot 409 of Tract No. 862; thence along the southeasterly line of said lot 409 of Tract No. 862 and the westerly line of BLOSSOM HILL MANOR NO 3; (8) S 28 038'00" W, a distance of 132.02' to the POINT OF BEGINNING. Containing 0.4107 acres of land or 17,889 sq ft, more or less. Attached hereto is a plat labeled Exhibit "B" and by this reference made a part thereof. Description prepared January 09, 2014 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. END OF DESCRIPTION Dave Alvarez L 405 xp 06 -30 -14 Description Prepared 01 14 Revised 02 -12 -14 EXHIBIT A of Attachment 2 This Page Intentionally Left Blank T LOS GATOS TORT LIMITS O C OLEANDERAVE PROPOSED ANNEXATION LIMITS o ° U a a LBaCLN. POB SITE UCRERRYSTONE ,n DRIVE POINT OF BEGINNING RADIAL © R= 70,00' \ L= 29.8 , [ QAD LCB� g9o09'00" E VICINITY MAP NTS LOT 408 g62, BC, SSOm �523�3614 � rl� qCt j NOTE For assessment puoses only. f This descr piton of land rp 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. Q �� I1rCle �� O ® � �� ✓ F � d0 // It X0, 4 ZZ /eS5-7 e�Ata S at � '� AYN 523.13A2I ;o 1;x°2 W'�� Q i�N 523-13'026 L M T a ANNEXED AREA 0.4107 acres � N W op e o ® > SQ fir APN 523-13 -025 00 SOT 409 0 I�p2p� 2�b �OT410 t* EYJH]31T B PLAT TO ACCOMPANY DESCRIPTION FOR AN ANNEXATION OF TERRITORY TO THE TOWN OF LOS GATOS STATE OF CALIFORNIA "BLOSSOM BILL MANOR NO. 13 Lying within Rancho Riconada De Los Gato: County of Santa Clara, California DATE: 01 -09 -14 SCALE: 1" = 40' REVISION DATE: 2 -12 -14 EXHIBIT B of Attachment 2 This Page Intentionally Left Blank