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2010092003 - 16397 HILOW ROAD,yaw n o~- ~ . ~.1 ~y~. R `a~ ~ A"~p~' . DATE: TO: FROM: SUBJECT COUNCIL AGENDA REPORT September 9, 2010 MEETING DATE: 09/20/10 ITEM NO. MAYOR AND TOWN COUNCIL GREG CARSON TOWN MANAGER ADOPT RESOLUTION MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED HILOW ROAD N0.4 CONTAINING APPROXIMATELY .58 ACRES LOCATED AT 16397 HILOVJ ROAD (APN: 532-04-062). FILE #AN10-001. RECOMMENDATION: Adopt a resolution malting determinations and approving the reorganization of territory designated Hilow Road No. 4, containing approximately .58 acres, located at 16397 Hilow Road (APN: 532-04- 062). BACI~GROUND: The Town has an agreement with Santa Clara County that requires aiu~exation of any property located within the Town's Urban Services Area boundary and is either contiguous to a Town boundary, or within 300 feet of a Town maintained roadway if the use is intensified. The annexation is being requested independent of any development application. Section 56757 of the Cortese-Knox-Hertzberg Local Government Reorgaiuzation Act of 2000 gives the cities in .Santa Clara County the authority to annex territory without application to and hearing by the S anta Clara County Local Agency Formation Commission (LAFCO). The process was initiated by the Town after the property owner filed an annexation petition. 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 a>ulexation was introduced at the September 7, 2010, Town Council meeting. PREPARED BY: Wendie R. Rooney, Director of Community Development Reviewed by: Assistant Town Manage own Attorney Clerk Finance Community Development Revised: 9i9ilo 3:00 PM Reformatted: 5/30/02 N :\DEV\S UZANNE\Council\Reports\Annexation\H ilowNo.4-PP, dot PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: HILOW ROAD NO. 4; FILE #AN10-001 Septer~zUer 9, 2010 DISCUSSION: The Town has received a petition from Nien-Tsu Wang, owner of the property at 16397 Hilow Road, requesting a>ulexation to the Town of Los Gatos. The property is located in an unincorporated island of the County. The property is within the Town's Urban Services Area boundary and is pre-zoned R-L8 (single family residential, 8,000 sq, ft. minimum lot size). Arulexation will allow Town. services to be extended to the property and help fill an existing County island. Since this is a 100% consent, uni>~1labited a>ulexation (less than twelve registered voters), a public hearing is not required. However, waiver of the protest (public hearing) must be received from agencies gaining or losing territory with this arulexation. Waivers Have been received from Santa Clara County Planning and County Library Service Area.. ENVIRONMENTAL ASSESSMENT: Pursuant to Section 15061(b)(3) of the Califonla Enviro>,unental Quality Act,: a>ulexation of the subject property is categorically exempt. No further enviro>unental analysis is required. FISCAL IMPACT: The following fees are assessed by Santa Clara County, LAFCO and the State Board of Equalization, and are paid by the petitioner: County Surveyor Map, legal description and guideline checking fee $2,0.00.00 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 $2,491.00 a>ulexation fee to the Town. Once the. aiulexation is certified by the State Board of Equalization, t11e Town will receive 9.6% of the property taxes. Attaclunents: 1. Resolution making determinations and approving the reorganization of territory designated as Hilow Road No. 4, with Exhibits A & B. 2. Protest Waiver, Santa Clara County 3. Protest Waiver, Library Service Area Distribution: cc: Nien-Tsu Wang, 16397 Hilow Road, Los Gatos, CA 95032 Michael Lopez, Planning Manager; Environmental Resources Agency, 7t~' Floor; County Government Center, East Wing; 70 W. Hedding Street, San Jose, CA 95110 WRR:SD:ct N:\DEV\S UZANNE\Council\Reports\Annexation\HilowNo.4-PP: doc RESOLUTION 2010 - RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED HILOW ROAD NO.4 APPROXIMATELY .58 ACRES LOCATED AT 16397 HILOW ROAD (APN: 532-04-062) 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 .58 acres located at 16397 Hilow Road (APN 532-04-062) has been filed by Nien-Tsu Wang; 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 conduction 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: That it is the conducting authority pursuant to Section 56757 of the Government Code for the annexation of property designated as Hilow Road No. 4, more particularly described in Exhibit A and B; 2. That the following finding are made by the Town Council of the Town of Los Gatos: a. That said territory is uninhabited and comprises approximately .58 acres, .inclusive of road right-of--way. 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. Attachffient 1 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 20 years ago pre-zoning the subject territory with an R-1:8 (single family residential, 8,000 sq. ft, minimum lot size) zoning designation. That the territory is within. the Town 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 does not create islands or areas in which it would be difficult to provide municipal services. h. That the proposed annexation does not split lines of assessment or ownership. That the proposed annexation is consistent with the Town's General Plan. That the territory to be annexed is within 300 feet of a Town maintained roadway. 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 Santa Clara County and the Santa Clara County Library Service Area, that will lose territory as a result of this reorganization, have consented in writing to a waiver of protest proceedings. 4. That all property owners and registered voters have been provided written notice of this. proceeding. and no opposition has been received. 5. That said annexation is hereby ordered. without any filrther protest proceedings- pursuant to Section 56663 (c/d) and is subject to no terms or conditions. BE IT FURTHER RESOLVED that upon completion of these reorganization proceedings the territory annexed 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 held on September 20, 2010, 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 O.F LOS GATOS LOS GATOS, CALIFORNIA N:\DEV\SUZANNE\Annexation\Eii I owNo.4\I-Ii I owN o4-Reso2, d oc THIS PAGE INTENTIONALLYLEFTBLANK EXHIBIT "A" ANNEXATION HILOW ROAD N0.4 TO TOWN OF LOS GATOS All that real property situated in the County. of Santa Clara, :State of California being a portion. of rancho "R.inconada de Las Gatos" described as follows: Beginning at the Northeast corner of Resolution No. 2005-I3S entitled "Hilow Road No.2" dated 3anuary 27, 2006 to Town of Los Gatos, said corner being on the Easterly right of way line ofHilow Road (60 feet wide) 26.61 feet along anon-tangent curve to the right, said curve having a radius of 817.48 feet, a delta of 1 Degree 51 Minutes 55 Seconds and a radial bearing of North 70 Degrees 19 Minutes 55 Seconds West from the Southwesterly corner of Lot 13 as shown on the subdivision map for Tract No. 616 recorded in Book 26 of Maps at Pages 8 and 9 Santa Clara County Records; Thence (1) along the existing Town Limit as established by said resolution North 68 Degrees 28 IVlinutes West a length of 60.00 feet to the Northeasterly corner of Lot 7 of said tract; Thence (2} leaving said Town Limit $8.26 feet along the Westerly right of way of Hilow Road and a .non-tangent curve to the right, said curve having a radius of 877.48 feet, a delta of 5 Degrees 45 Minutes 47 seconds and a radial bearing North 68 Degrees 28 Minutes West; Thence (3) 62.37 feet along a reverse curve to the left said curve having a radius of 817.48 feet and a delta of 4 Degrees 22 Minutes 18 Seconds to the Southeasterly corner of Lot 4 of said Tract; Thence (4) leaving said right of way and along the Southerly boundary of said Lot 4 North 70'Degrees 19 Minutes 55 Seconds West a length of 155.85 -feet; Thence (5) along the Westerly boundary of said Lot 4 North 19 Degrees 40 Minutes East a length of 75.00 feet; Thence (6} along the.Northerly laoundary of said Lot 4 South 70 degrees 19 Minutes 55 Seconds East a length of 157.16 feet to the Westerly right of way Line of Hilaw Road; Thence (7} along said Westerly right of way line North 19 Degrees 40 Minutes 05 Seconds East a length of 393.14 feet to the existing town limit of Town of Los Gatos as established by Resolution No. 2406-01.6 entitled "Shannon Road No. 22"; Thence (8), along said town`limit South 70 Degrees 19 Minutes 55 Seconds East a length of 60.00 feet to the Easterly right of way line of Hilow Road; Thence (9) leaving said town limit along said Easterly right of way line South 19 Degrees 40 Minutes OS Seconds West a length of 421.69 feet; E%HIBIT A Thence (10) 116.83 feet along a tangent curve to the right, said curve having a radius 877.48 feet and a delta of 7 Degrees 37 Minutes 42 Seconds; Thence (11) 82.23 feet along a reverse curve to the left, said curve having a radius of 817.48 feet and a delta 5 Degrees 45 Minutes 47 Seconds to the point of beginning. Containing 1.12 acres more or less. Revised July ,ZB, 2010 Disclaimer; "For assessment purposes only.. This description ofland 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." ~~~ SAND S~ ~~~¢'C BAB/C ~~` v ,~ ~, No. 4953 Exp. 12-31-11 ~~ ~~ 0~ r.At1F~¢~\ ~~~ 1 LEGEND ~''---_..,~ ~~~ PROPERTY LINE ~ oN CENTERLINE - EXISTING TOWN LIMIT ~ °"' -- q D LIMIT OF ANNEXATION. -®- s -® AREA 1.12 acres yore or less EXISTING TOWN LIMiT LINE AS ESTABLISHED BY RESOLITION N0. 2006-016 ~ ^ ~~; ~8~ ENTITLED "SHANNON ROAD ~ 6 1~ SS" N 0. 22" ,~ O GO' E rn o o - ~ Q 0 1 ~- O ~ ~ , ~ " ' 16' °7 Q ~ .Z ,~~ HUANG MEI YING WANG '~ 1 =60 -~ WANG HSIEH CHUNG ® ~ APN 532-04-062- ~ LO T 4 ~, , ~ N (g ® ~ 0 o 0 ~ ,o 1g ~ SS ' 15 ~ 5 8$ ~ Disclaimer: LOT 5 ~'N ~: ~-' "For assessment purposes only. /~;,~ ^~ nI ~~ ^ / ^.~`/%D ~''~ W ~ c~ this description of loud is not a legol property description as defined in th S bdi i i /~~ / ! . ~o ~ p~ N' ~ • Cp" `~ ~ ^ " e u v s on Map Act and may not be used as the // ~ ~ ~ ~ ~ // pip /j basis for an offer for sale of the land described " '~ ~ Z ~ ~ ~ . B~G N ~ ~ ~ ^ 3 I N G ~ ~ LOT 6 ^^;~ , • \ N ~ ~ ~ a ~~ ~w egg c~ ~~- ~. ~ / ~~/~,~ ~,, o ~ LOT 7 ~ // ~ 1) ' a LOT 13 ~ 6 l No. 4953 ~ ~P• 12-31-11 ~ EXISTING TOWN LIMIT 8 6 8 ~w N `~' ' LINE AS ESTABLISHED BY RESOLUTION NO. 0 68 RRJ 28 tN ~ ~ ~Q ~~~~~' ~F~~~ 2005-135 ENTITLED ~ X7 CA~ "HILOW ROAD N0 2" 4°79 48' S5" R=817 ~=~\ ~y . . D=1"51'55" WITHIN RINCONADA DE L S GATOS LAND GRANT L=26.61 LOT 4 TRACT NQ 616 RECORDED IN BOOK 26 • PAGE~B & 9 SANTA CLARA COUNTY RECORDS i • E XHI~IT PROPOSED ANNEXATION TO TOWN OF LOS GATOS ENTITLED HILOW ROAD N0.4 VICINITY MAP DATE: April 2D10 JOB. N0. 2010-03D BY: HARRY BABlCKA REVISED: JULY ze, 2010 Sheet 1 of t WESTFALL ENGINEERS, INC. SARATOGA, CALIFORNIA E~3IBIT B THIS PAGE INTENTIONALLYLEFTBLALAD CONSENT TO WAIVE PROTEST PROCEEDINGS This form must be completed by agencies losing or gaining territory if they desire that protest proceedings be waived. DESIGNATED TITLE OF PROPOSAL: Hilow Road No. 4 Brief Description of Proposal: This proposal is to annex a single .58 acre parcel of residential property (inclusive of road right-of-way) to the Town of Los Gatos. It is within 300 feet of a Town maintained roadway, . within the Town's Urban Service Area Boundary, not under the Williamson -Act, does not create "islands", conforms to lines of assessment and has less than 12 registered voters. Address: 1.6397 Hilow Road, Los Gatos, CA 95032 Assessor's Parcel Number: 532-04-062. The County of Santa Clara, losing territory as a result of this proposal does hereby consent to the waiver of protest proceedings in accordance with Government Code Section 56663 (c) & (d). Signature of Authorize R esentative Date ' ~ ~UC.cr ~~,6~ Title of Represen tive In the case of inhabited (12 of more registered voters) 03• uninhabited city or district annexations or detachments or' both, Sections 56663(c) & (d) of Government Code allows for waiver of protest proceedings if Uninl:abiterl area [Sec. 56663(c)} Area with less thrcn 12 registered voters L2habited area [Sec. 56663(d)J Area witlc 12 or more registerert voters All owneJ^s of land within affected area consent to Town provided written notice (of project .and TotivnS annexation intent to not hold a protest proceeding to all property owners and registered voters and ifno written opposition is received from them prior to conclusion of meeting All affected agencies that gain or lose territory give All affected agencies that gain or lose territory give written consent to waiver of protest proceedings written consent to waiver of protest proceedings If at the public hearing there is opposition expressed regarding the proposal or Town Council 's intent to waive protest proceedings, then protest proceeding will be required. Enclosures: Detailed Map and Description of proposal N:~DEV~SUZANNEIANNEXATIOMHILOWN0.4U-IILOWY04SCC W.DOC Doc Created: 5/27/03 Attachment 2 THIS PAGE INTENTIONALLYLEFTGLANK CONSENT TO WAIVE PROTEST PROCEEDINGS This form must be completed by agencies losing or gaining territory if they desire that protest proceedings be waived. DESIGNATED TITLE OF PROPOSAL: Hilow Road No. 4 Brief Description of Proposal: This proposal is to annex a single .58 acre parcel of residential property (inclusive of road right-of-way) to the Town of Los Gatos. It is within 300 feet of a Town maintained roadway, within the Town's Urban Service Area Boundary, not under the Williamson Act, does not create "islands", conforms to lines of assessment and has less than 12 registered voters. Address: 16.397 Hilow Road, Los Gatos, CA 95032 Assesscir's Parcel Number: 532-04-062 The Santa Clara County Library Service Area, losing territory as a result of this proposal does hereby consent to the waiver of protest proceedings in accordance with Government Code Section 56663 (c) & (d). ~~ ..s S gnatu e of Authorized Representative //~ ~~~od Date Administrative Services Manager III In the case of inhabited (12 of more registered voters) or uninhabited city or district annexations or detachments a~ .both, Sections 56663(c) & (d) of Government Code allows for waiver of protest proceedings if.• Unir2ftabited area [Sec. 56663(c)J Area with less than I2 registered voters Inhabited area [Sec. 56663(d)J Area with 12 or more registered voters All owners of land within affected area consent to Town provided written notice (of project and Totivn~ annexation intent to not hold a protest prroceedin~ to all property owners and registered voters and if no written opposition is received front them prior to conclusion of • meeting All affected agencies that gain or lose territory give All affected agencies that gain or lose territory give written consent to waiver of protest proceedings written consent to waiver of protest proceedings If at the public hearing there is opposition expressed regarding the proposal or Totivn Council 's intent to waive protest proceedings, then protest proceeding will be required. Ericlosures: Detailed Map and Description of proposal N:5DEV15UZ:4~INE4lnnexation~I-IilowNo.4W ilowNai-L W.doc Attachment 3 THIS PAGE INTENTIONALLYLEFT BLANK