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Staff ReportMEETING DATE: 04/21/15 ITEM NO. � °s sn'toa COUNCIL AGENDA REPORT DATE: April 14, 2015 TO: MAYOR AND TOWN COUNCIL i" FROM: �nLES WHITE, INTERIM TOWN MANAGER SUBJECT: ADOPT A RESOLUTION TO SET A DATE FOR CONSIDERATION OF A REORGANIZATION OF AN UNINHABITED AREA DESIGNATED AS BLOSSOM HILL ROAD NO. 24, APPROXIMATELY 1.11 ACRES LOCATED AT 15900 BLOSSOM HILL ROAD. APN 527 -07 -014. FILE #AN14 -005. RECOMMENDATION: Adopt a resolution (Attachment 2) to set a date for consideration of a reorganization of an uninhabited area designated as Blossom Hill Road No. 24, approximately 1. 11 acres, located at 15900 Blossom Hill Road (APN 527 -07 -014). 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 proposed to intensify. The subject property is contiguous to a Town boundary. 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 first meeting and resolution sets the date for the consideration of the annexation and the protest proceeding. PREPARED BY: LAUREL R. PREVETTItiL(Assistant �� Town Manager /Director of Comumty Development Reviewed by: N/A Assistant Town Manager KTown Attorney Finance N:\DEV\TC REPORTS\ 2015 \BlossomHillNo- 24- intm.doex Reformatted: 5/30/02 Revised: 4 /15/15 6:00 PM PAGE MAYOR AND TOWN COUNCIL SUBJECT: BLOSSOM HILL ROAD NO. 24/AN14 -005 APRIL 14, 2015 DISCUSSION: The Town has received a petition requesting annexation to the Town of Los Gatos from Joanne Brice, owner of the property at 15900 Blossom Hill Road. The property is located at the eastern intersection of Blossom Hill Road and Old Blossom Hill Road in an unincorporated County pocket. The property is in the Town's Urban Service Area, is contiguous to the Town boundary, and is pre -zoned HR -I (Hillside Residential, 1 to 5 acres for each dwelling unit). The requested annexation includes a non - conforming use of a commercial pottery school at the property location. Town Code allows a 20 -year amortization of a non - conforming use in which the applicant will have 20 years to either discontinue the non - conforming use or apply to modify Town Code to permit the non - conforming use. There is no development application associated with the annexation proposal. Annexation would allow Town services to be extended to the property and reduce an existing County pocket. Santa Clara County Planning and the County Library Service Area have been notified in writing of the annexation request. This agenda item, if approved, would set the date for consideration of the annexation application for May 5, 2015. ENVIRONMENTAL ASSESSMENT: The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15061(b)(3): Review for Exemption. No further environmental analysis is required. FISCAL IMPACT: Once the annexation is certified by the State Board of Equalization, the Town will receive 9.6% of the property taxes. COORDINATION: The preparation of this report was coordinated with the Santa Clara County Library District, LAFCO, County of Santa Clara County Assessor, County of Santa Clara County Surveyor, and the Santa Clara County Planning Division. Attachments: 1. Location Map 2. Resolution to set a date for consideration of reorganization of unhabituated territory designated as Blossom Hill Road No. 24, including Exhibits A and B PAGE MAYOR AND TOWN COUNCIL SUBJECT: BLOSSOM HILL ROAD NO. 24/AN14 -005 APRIL 14, 2015 Distribution: Joanne Brice, 15900 Blossom Hill Road, Los Gatos, CA 95032 LRP:DRP:cg Blossom Hill Road No 74 RESOLUTION 2015 - RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS TO SET A DATE FOR CONSIDERATION OF A REORGANIZATION OF AN UNINHABITED TERRITORY DESIGNATED BLOSSOM HILL NO. 24 PROPERTY LOCATED AT 15900 BLOSSOM HILL ROAD APPROXIMATELY 1.11 ACRES (APN: 527 -07 -014) WHEREAS, the Town Council of the Town of Los Gatos has received a request for annexation of territory designated Blossom Hill No. 24 from the property owner; and WHEREAS, the property, 1.11 acres located at 15900 Blossom Hill Road, APN: 527 -07- 014, 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 Ordinance 1276 in 1975 pre - zoning the subject territory with an HR -1 [Hillside Residential, one (1) to five (5) acres for each dwelling unit] 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 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. ATTACHMENT 2 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 Blossom Hill Road No. 24 at its regular meeting on May 5, 2015. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 21st day of April, 2015, 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 R, 5051015 Rlos'nril 24- I1)1n.dncx EXHIBIT'A' ANNEXATION TO THE TOWN OF LOS GATOS BLOSSOM HILL ROAD NO. 24 GEOGRAPHIC DESCRIPTION All that certain property situate in the Unincorporated Area of the County of Santa Clara, State of California, being all of Parcel 1 as shown on the Record of Survey map filed on June 7, 1999 in Book 716 of Maps at Page 35, Santa Clara County records and portions of Old Blossom Hill Road; being a part of Section 14, Township 8 South, Range 1 West, Mount Diablo Meridian and a part of the Rancho Rinconada de Los Gatos, more particularly described as follows: BEGINNING at the southwest corner of that certain annexation entitled "Camino Del Cerro No. 7" Annexation to the Town of Los Gatos, said point being on the general northerly line of that certain annexation entitled "Blossom Hill Number One -A" and being the southeasterly corner of said Parcel 1; Thence along the general northerly line of said "Blossom Hill Number One -A" (1) North 81' 22'00" West, 120.76 feet to the northeasterly corner of that certain annexation entitled "Blossom Hill No. 16 "; Thence along the general northerly line of said "Blossom Hill No. 16" (2) North 810 22' 00" West, 79.14 feet; Thence (3) South 07° 46' 00" West, 58.00 feet; Thence (4) West 70.44 feet to the curved southerly line of Old Blossom Hill Road, 40 feet wide; Thence (5) on a radial line, North 250 44'22" West, 20.00 feet to a point on the centerline of Old Blossom Hill Road, said point being on the general southeasterly line of that certain annexation entitled "Winterbrook Number One Annexation ", said point being the beginning of a non - tangent curve, concave northwesterly, having a radius of 180.00 feet, from which the radius point bears North 250 44'22" West; Thence (6) along the general southeasterly line of said "Winterbrook Number One Annexation ", northeasterly, along said curve, through a central angle of 560 27' 38 ", for an arc length of 177.38 feet; Thence (7) North 070 48' 00" East, 119.59 feet to the beginning of a curve to the right, having a radius of 200.00 feet; EXHIBIT ofAttachment 2 Thence (8) along said curve, through a central angle of 30° 01'42", for an arc length of 104.82 feet to the most westerly corner of that certain annexation entitled "Blossom Hill No. 18 "; Thence (9) along the southerly line of said "Blossom Hill No. 18 ", North 69° 37' 00" East, 105.36 feet to a point on the general southeasterly line of Blossom Hill Road, at the point of beginning of a curve, concave southeasterly, having a radius of 170.00 feet, from which the radius point bears South 200 23' 00" East, as shown on said Record of Survey map; Thence (10), leaving said "Blossom Hill No. 18 ", southwesterly, along said curve, through a central angle of 46° 39' 00 ", for an arc length of 138.41 feet to the most northerly corner of said Parcel 1; Thence along the general northerly and easterly lines of said Parcel 1 (11) South 49° 02'00" East, 48.00 feet; Thence (12) South 23° 32' 00" East, 68.71 feet; Thence (13) South 60° 17' 00" East, 96.23 feet to a point on the westerly line of said annexation entitled "Camino Del Cerro No. 7 "; Thence (14) along said westerly line, South 08° 11' 00" West, 145.25 feet to the POINT nF RFr;INNING and containing 1.111 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. �� \giND. Co,g� Kristina D. Comerer, PLS 6766 x c. LS 6766 Rev. Date: RS4 sTq�OF CALF% 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. D. LS 6766 EXD.9/� ll� EXHIBIT B PROPOSED ANNEXATION TO TOWN OF LOS GATOS BLOSSOM HILL ROAD NO. 24 LYING WITHIN UNINCORPORATED AREA OF SANTA CLARA COUNTY, CALIFORNIA EXISTING SCALE: I" = 100' NOVEMBER 2012 TOWN OF LOS GATOS S. 14, T. 8 S., R. 1 W., MDM AND BLOSSOM HILL NO. 18 RANCHO RINCONADA DE LOS GATOS ANNEXATION LOCATION MAP N 69'37'00" E 190 105.36 (g ) S< R= 200.00 ®A= 30'01'42'= L= 104_82 KRISTINA D. COMERER I w PLS 6766 mo REV. DATE:11.-A 1 + bb°I PM 7x77' M. 12,13 ^N EXISTING Z TOWN OF LOS GATOS WINTERBROOK NUMBER ONES n' ANNEXATION © ^7 G (R) N 25'44'22" 20.0 N J 70.44 R= 170.00 A= 46'39'00" Q L= 138.41 (R) APN: 527 -07 -01 R/S 716 M. 35 PARCEL 2 �i O � Q \ N C Q_Q Q � AREq =1 171 ANNEX _ ACRES +�_ L 1 9: l f TOWN OF LOS GATOS BLOSSOM HILL NO. 16 ANNEXATION Q APN: 527 -07 -011 FV S 244 M. 11 PARC9L 6' It EXISTING TOWN OF LOS GATOS CAMINO DEL CERRO NO. 7 o / ANNEXATION „ POINT OF N 81'22'00 W BEGINNING 120.76 Oj EXISTING TOWN OF LOS GATOS BLOSSOM HILL NUMBER ONE —A ANNEXATION LEGEND BOUNDARY LINE OF PROPOSED ANNEXATION NO. BEARING DISTANCE LI N81'22'00 "W 79.14 L2 S07'46'00 "W 58.00 L3 S49'02'00 "E 48.00 L4 S23'32'00 "E 68.71 L5 S60'1 7'00 "E 96.23 — EXISTING TOWN OF LOS GATOS BOUNDARY ( ) RECORD PER CAMINO DEL CERRO NO. 7 CROSS LAND SURVEYING, INC. 2210 MT. PLEASANT ROAD ML SAN JOSE, CA 95148 ar (408) 274 -7994 PROJECT NO. 12 -47 ofAttachment 2 This Page Intentionally Left Blank