TOWN OF LOS ALTOS HILLS Staff Report to the City Council

Transcription

1 AGENDA ITEM #5.C STAFF REPORT REVISED 5/17/16 TOWN OF LOS ALTOS HILLS Staff Report to the City Council May 19, 2016 SUBJECT: FROM: ADOPT A RESOLUTION TO SET A DATE FOR CONS ID ERA TION OF A REORGANIZATION OF AN INHABITED AREA DESIGNATED AS MORA GLEN DRIVE NO. 1, APPROXIMATELY 8.48 ACRES LOCATED AT MORA GLEN DRIVE AND 10970, 11000, 11030, AND MORA DRIVE. APNs , 017, , 027, 028, 029, 041AND042. FILE # MISC. ~11\ Suzanne Avila, Planning Director..._::.f\ APPROVED: Carl Cahill, City ManagerC.C... RECOMMENDATION: That the City Council: Adopt a resolution (Attachment 1) setting a date for consideration of a reorganization designated as Mora Glen Drive No. 1 (APN's , ,028,029, 041 and 042). BACKGROUND On August 2, 2001 the City Council approved the prezoning of 245 parcels in the San Antonio Hills Area. The proposed annexation is located within this area. On February 29, 2016 the owners of Mora Glen Drive submitted a petition to annex six parcels and a segment of the Mora Drive right-of-way into the Town (see Attachment 2). It is necessary to include the five additional properties to make the annexation area contiguous to a Town boundary. The primary purpose of the annexation is to allow the residents to connect to the sanitary sewer system. Two of the properties were previously allowed to connect to the sewer through an Out of Agency Agreement. Although the owners of Mora Glen Drive could have proposed an Out of Agency Agreement in order to connect to the sewer, the annexation would still have been required by the Santa Clara County Local Agency Formation Commission (LAFCO). The annexation exhibits have been reviewed and approved by the Santa Clara County Surveyor and a report has been issued from the County Assessor. Notice of the annexation was provided to Santa Clara County Planning and owners of properties included in the annexation area. Section of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 gives 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.

2 Staff Report to the City Council Mora Glen Drive No. 1 May 19, 2016 Page 2 of5 ANNEXATION PROCESS The Town has received a petition requesting annexation to the Town of Loa Altos Hills from Stephen Burch and Carolyn Bostick, owners of the property at Mora Glen Drive. The property is located on the west side of Mora Glen Drive in an unincorporated County pocket. Five other properties on Mora Drive have been included in the annexation in order to provide a connection to a Town boundary. The annexation area is in the Town's Urban Service Area, is contiguous to the Town boundary, and is pre-zoned R-A (Residential Agricultural). Annexation would allow Town services to be extended to the six properties and would reduce an existing County pocket. This agenda item, if approved, would set the date for consideration of the annexation for June 16, The protest proceeding is required by Government Code Section If a property owner or registered voter does not consent to the annexation, they may file a protest at this proceeding. Attachment 4 is a flow chart outlining the protest threshold. If less than 25% of the registered voters or less than 25% of the landowners owning less than 25% of the assessed land value submit a written protest, the annexation can be ordered without the need for an election. LAFCO staff has advised that the owners of four of the properties in the annexation area have previously signed a waiver of protest. The petitioners agree to the annexation, leaving one property that could potentially file written protest. DISCUSSION Statistical Summary Number of Parcels 6 Total Land Area (acres) 8.48 Range of Lot Sizes (acres) Average Lot Size (acres) 1.30 Residential Homes 6 Vacant Lots 0 Population* 15* Registered Voters 14 Total Assessed Valuation $5,826,602 *Based on 2010 Census average household size of 2.58 persons per household Land Use and Planning Analysis The annexation of these parcels will transfer land use regulatory authority from Santa Clara County to the Town of Los Altos Hills. The project area is within the Town of Los Altos Hills Urban Service Area and is therefore eligible for annexation into the Town. The annexation area is adjacent to the south-eastern boundary of the Town. It consists of parcels located on Mora Drive (five) and Mora Glen Drive (one) and a portion of the Mora Drive right-of-way.

3 Staff Report to the City Council Mora Glen Drive No. 1 May 19, 2016 Page 3 of5 A spreadsheet with information on each lot is included as Attachment 5. The properties are within a hillside residential community characterized by rural hills and oak groves which is similar to the Town of Los Altos Hills. The County will continue managing the inspection process for any issued building permits. In addition, the County will continue planning and building site reviews and building permit review of any new applications until LAFCO records the annexation. The existing County Zoning of Rl-E allows single-family residential development with a minimum lot size of one acre. Parcels in the annexation area range from 1.01 to 1.93 acres which is consistent with the Town's zoning. The development standards of the Town's Residential -Agricultural designation are similar to, but generally more restrictive than the County standards. Non-conforming provisions in the Town's zoning and site development codes will allow for legal non-conforming structures in the project area to continue as they currently exist. Legal non-conforming structures can be maintained with certain limitations. Replacement, reconstruction, or remodel of legal non-conforming structures will have to comply with the Town's requirements for non-conforming uses and structures. Comparison of County and Town Zoning Standards Zoning Standard RlE.;lAC (Santa Clara County) R A (Los Altos Hills) Land Use Single-Family Residential Single-Family Residential Minimum Lot Size 1 Acre 1 Acre Min. Front Yard Setback 30 feet 40 feet Min. Side Yard Setback 20 feet 30 feet Min. Rear Yard Setback 25 feet 30 feet Maximum Height 35 feet 27 feet Public Services and Facilities Community Development The addition of six properties and approximately 15 residents will result in a slight increase in workload for Planning, Engineering, and Building staff, as needed to provide general customer service for the new residents. However, this administration cost would be offset by additional property tax revenue. The service cost for processing planning and building permits would be recovered through application fees and deposits. Police Services Law enforcement and public safety services are provided to Town residents under contract with the Santa Clara County Sheriffs Department which will continue to be the agency responsible for police services to properties in the area.

4 Staff Report to the City Council Mora Glen Drive No. 1 May 19, 2016 Page 4 of5 Fire Protection Fire protection, suppression, and safety services are provided by the Los Altos Hills County Fire District and Santa Clara County Fire Department, which will continue to be the agency responsible for fire protection services to properties in the area. Schools The project area is currently being served by the Los Altos Elementary School and Mountain View-Los Altos Unified High School Districts. Annexation to the Town does not affect school district boundaries. Water Supply The project area will continue to receive water from the California Water Service. There will be no change to the water supply. Solid Waste Collection Solid waste collection in Los Altos Hills is provided under an agreement with Greenwaste Recovery, Inc. The agreement covers garbage collection and pickup of recyclable materials and yard waste. Sanitary Sewer Two properties within the annexation area are currently connected to the sewer system. Property owners wishing to connect to the sewer system will be required to pay one-time sewer connection fee, construction permit fee, and an annual sewer assessment fee ($1420 effective July 1, 2016). Streets Mora Glen Drive and Mora Drive between Terry Way and Eastbrook Avenue are maintained by Santa Clara County. The Town mai11tafos Morn Drive from Terry Way to the southern Town boundary (just south of Mora Court). The portion of right-of-way within the Town will be extended from Terry Way to the northern edge of the last parcel being annexed (APN ). Engineering staff did a visual inspection of the section of right-of-way that is included in the annexation area, and obtained information from County Roads and Airports on past maintenance. The roadway condition is consistent with Town standards. Pathways, Recreational Facilities, and Open Space The addition of six developed properties would not significantly increase demand on overall service levels for recreational needs. There are no existing parks or other recreation areas within the annexation area. The Master Path Plan is currently being updated. If pathways are added to the map for the annexation area, pathway requirements would be evaluated at the time of site development of individual properties after the annexation is complete. The need for Open Space easements would be evaluated at the time of site development of any property in the annexation area.

5 Staff Report to the City Council Mora Glen Drive No. 1 May 19, 2016 Page 5 of5 Taxes and Fees Once the Board of Equalization assigns the Tax Rate Area, final tax changes can be determined. It is anticipated that the increase in taxes to the new residents will be minimal. Taxing Agency Los Altos Hills Existing Taxes/ Assessments/Fees 1. Santa Clara County-base tax No change 2. Santa Clara County-library No change 3. Los Altos School District No change 4. El Camino Hospital 2003 No Change 5. Foothill-De Anza College 1999 No Change 6. Mountain View Los Altos High School Bond Nol No Change 7. Foothill College 2006 No Change 8. Santa Clara Valley Water District Project No change CEQASTATUS In accordance with Section 15319(a), of the California Environmental Quality Act this project is categorically exempt. FISCAL IMP ACT The additional costs of serving the annexed properties will be offset by additional property tax revenue. The petitioners have paid the following fees: Town annexation fee: $1,687 County Surveyor: $2,310 County Assessor: $67 LAFCO: $1,154 State Board of Equalization: $500 ATTACHMENTS 1. Draft Resolution 2. LAFCO Protest Threshold Flow Chart 3. Annexation Process Flow Chart 4. List of Parcels within the Annexation Area

6 Attachment 1 RESOLUTION No. RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS SETTING A DATE FOR CONSIDERATION OF REORGANIZATION OF AREA DESIGNATED "MORA GLEN DRIVE NO. 1" CONSISTING OF 8.48 ACRES LOCATED ON THE SOUTHERN BOUNDARY OF LOS ALTOS HILLS WHEREAS, the City Council of the Town of Los Altos Hills ("Town") has received a request for annexation from Steve Burch and Caroline Bostick (23310 Mora Glen Drive), residents located within an unincorporated "island"; and WHEREAS, the properties, 8.48 acres on the southern side of Los Altos Hills (APNs , , 028, 029, 041and042: see Exhibit "A") is contiguous to the Town of Los Altos Hills and is within its urban service area; and WHEREAS, annexation would provide for use of Town services; and WHEREAS, this territory was pre-zoned on August 2, 2001 to the Town of Los Altos Hills' R-A (Residential Agricultural) zoning district; and WHEREAS, the proposed annexation is categorically exempt form the provision of the California Environmental Quality Act per Section 15319( a); and WHEREAS, the County Surveyor of Santa Clara county has found the map and description (Exhibit "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 City Council of the Town of Los Altos Hills shall be the conducting authority for a reorganization including an annexation to the Town; and WHEREAS, as provided in Government Code Section , the City Council may approve the proposed annexation without protest or elections at a public hearing with notice as it meets the criteria for Island Annexations. NOW, THEREFORE, the City Council of the Town of Los Altos Hills does RESOLVE that the Town hereby initiates annexation proceedings and will consider annexation of the territory designated as "Mora Glen Drive No. 1" to the Town at a public hearing on June 16, 2016.

7 PASSED AND ADOPTED at a regular meeting of the City Council of the Town of Los Altos Hills on this 19th day of June 2016, by the following vote: AYES: NAYS: ABSTAIN: ABSENT: ATTEST: By: ~~~~~~~~~~~~ John Harpootlian, Mayor Deborah Padovan, City Clerk 2

8 EXHIBIT A Geographic Description Annexation to the Town of Los Altos Hills Mora Glen Drive No. 1 All that certain real property situated in the County of Santa Clara, State of California, being all of Lot 1 of Tract No. 1970, recorded in Book 88 of Maps, at Page 54 and Lots 9 through 14 of Tract No. 10 recorded in Book Y of Maps at Page 53, being a portion of San Antonio Rancho, more particularly described as follows: Beginning at a point on the Northerly right of way line of Mora Drive (55 feet wide) and, said point being also an Easterly Town Limit, established by Annexation entitled Mora Drive Annexation, Document # Santa Clara County Records; Thence (1) leaving said Easterly Town Limit and across Terry Way South 85 Degrees 27 Minutes 57 Seconds East a length of feet to the Northerly right of way line of Mora Drive (50 feet wide); Thence (2) feet along said right of way and non-tangent curve to the right, said curve having radius of feet, delta 10 Degrees 25 Minutes 31 Seconds and radial bearing South 08 Degrees 15 Minutes 29 Seconds West; Thence (3) South 71 Degrees 19 Minutes 00 Seconds East a length feet; Thence (4) feet along a tangent curve to the left, said curve having radius of feet and delta 65 Degrees 01Minutes40 Seconds; Thence (5) North 43 Degrees 39 Minutes 20 Seconds East a length of feet to the Northwesterly prolongation of Northeasterly boundary line of said Lot 14; Thence (6) leaving said right of way along said Northwesterly prolongation and Northeasterly boundary line of said Lot 14 South 46 Degrees 17 Minutes 20 Seconds East a length of feet to the Northerly boundary of Lot 1 of said Tract No. 1970; Thence (7) along the common boundary between said Tracts 10 and 1970 North 27 Degrees 57 Minutes 30 Seconds East a length of feet; Thence (8) South 46 Degrees 52 Minutes 13 Seconds East a length of feet to the Northerly right of way line of Mora Glen Drive; Thence (9) leaving said common boundary feet along said right of way line and nontangent curve to the left, said curve having a radius of feet, delta 64 Degrees 57 Minutes 13 Seconds and radial bearing South 74 Degrees 39 Minutes 54 Seconds East; Thence (10) leaving said right of way line South 56 Degrees 23 Minutes 00 Seconds West a length of feet; Thence (11) North 26 Degrees 30 Minutes 54 Seconds West a length of feet to the common boundary line between said Tract No. 10 and 1970;

9 Thence (12) along said common boundary South 63 Degrees 20 Minutes 30 Seconds West a length of feet; Thence (13) South 69 Degrees 57 Minutes 00 Seconds West a length of feet; Thence (14) South 79 Degrees 31 Minutes 00 Seconds West a length of feet; Thence (15) South 45 Degrees 49 Minutes 00 Seconds West a length of feet; Thence (16) South 75 Degrees 48 Minutes 00 Seconds West a length of feet to the Easterly Town limit established by said Mora Drive Annexation; Thence (17) leaving said common tract boundary and along the Easterly limit of said annexation North 18 Degrees 41 Minutes 00 Seconds East a length of feet; Thence (18) North 55 Degreesl8 Minutes 20 Seconds West a length of feet to the Southerly right of way line of Mora Drive; Thence (19) feet along said right of way line along a non-tangent curve to the right, ~aid curve having a radius of feet and delta 4 Degrees 00 Minutes 00 Seconds and radial bearing South 55 Degrees 18 Minutes 20 Seconds East; Thence (20) North 38 Degrees 41Minutes40 Seconds East a length of feet; Thence (21) feet along a tangent curve to the right, said curve having a radius of feet and delta 43 Degrees 18 Minutes 47 Seconds; Thence (22) leaving said right of way line North 07 Degrees 59 Minutes 33 Seconds West a length of feet to the Point of Beginning. Containing 8.48 acres more or less. 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 on offer for sale of the land described" Revisions: March 2, 2016 March 7, 2016 April 12, 2016 April 18, 2016

10 AREA WITHIN ANNEXATION 8.48 ACRES. 1''=200' POINT OF BEGINNING /"YI ~S, ~~ ~ t A~ ~- LOTS 9 &10 ss.,r,& 'a: '?<_ J'o> <o,t;;, "<o, (Ir MORA DRIVE ANNEXATION DOC. # / Disclaimer: / r)r' "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." LEGEND PROPERTY LINE CENTERLINE EXISTING TOWN OF LOS - - ALTOS HILLS BOUNDARY LIMIT OF PROPOSED ANNEXATION RECORD DATA ( ) TRACT #1 Y M 53 APN BEING A PORTION OF SAN ANTONIO RANCHO BEING LOT 1 OF TRACT NO. 1970, RECORDED IN BOOK 88, PAGE 54 AND LOTS 9 THROUGH 14 TRACT NO. 10, RECORDED IN BOOK Y OF MAPS PAG~ 53 SANTA CLARA COUNTY RECORDS EXHIBIT B PROPOSED ANNEXATION TO TOWN OF LOS ALTOS HILLS ENTITLED MORA GLEN DRIVE N0.1 DATE: February 2016 BY: HARRY BABICKA SHEET 1 OF 2 JOB. NO REVISED: MARCH 2, 2016 ~@.~H1 { g APRlt 18' 2016 WESTFALL ENGINEERS, INC. SARATOGA, CALIFORNIA

11 DATA COURSE (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) TABLE BEARING DISTANCE RADIUS DELTA S 85 27'57" E 64.50' 40.94' ' 10 25'31 11 S 71 19'00 11 E ' ' 65 01'40 11 N E ' S 46 17'20" E N 27 57'30 11 E ' S 46 52'13 11 E 62.20' (S 46 21'31"E64.30') TRACT ' s 56 23'00 w N W ' '00" s 79 3 l '00 w ' s w s 75 48'00" w N 18 41'00" E 61.38' N 55 18'20" W ' N E ' N 07 59'33 1 W ' 4 00' ' BEING A PORTION OF SAN ANTONIO RANCHO BEING LOT 1 OF TRACT NO. 1970, RECORDED IN BOOK 88, PAGE 54 AND LOTS 9 THROUGH 14 TRACT NO. 10, RECORDED IN BOOK Y OF MAPS PAGE 53 SANTA CLARA COUNTY RECORDS EXHIBIT B PROPOSED ANNEXATION TO TOWN OF LOS ALTOS HILLS ENTITLED MORA GLEN DRIVE N0.1 DATE: February 2016 JOB. NO BY: HARRY BABICKA SHEET 2 OF 2 WESTFALL ENGINEERS, INC. SARA TOGA, CALIFORNIA

12 Mora Glen Drive No. 1 IBI Town of Los Altos Hills fhjhgl -- Proposed Annexation Area Town of Los Altos Hills Urban Service. Area ~Feet ,200 Thi' m1pw11<1oll <lwu by Ill sa...ia Oat c.,..,1y Sllr<oyor109' ThoGl!I Doto"" «>'tlpl <I tom..,...,..,.,.,.. 'Ml do m d d tllo..,, &.i"'l:f"'' OSc: UUJm" ~u 11~"'1<

13 Attachment 2 PROTEST THRESHOLDS GC For change of organizations or reorganizations involving annexations and/or detachments Inhabited* Proposals (GC 57075[a]) *Areas in which 12 or more registered voters reside (GC 56046) If written protest is submitted by: i,,. i Majority of registered voters residing in the territory (GC 57078) i Terminate Proceedings Less than 25% of registered voters residing within the affected territory OR Less than 25% of number of landowners owning less than 25% of the assessed value of land within the affected territory Order Proposal without Election At least 25% but less than 50% of registered voters residing within the affected territory OR At least 25% of number of landowners who also own at least 25% of assessed land value within the affected territory l Order Proposal Subject to Voter Election Uninhabited Proposals (GC 57075[b]) If written protest is submitted by: Landowners owning 50% or more of assessed value of the land within the territory (GC 57078) Landowners owning less than 50% of assessed value of land within the affected territory. Terminate Proceedings Order Proposal without Election LAFCO of Santa Clara County February 2014

14 Attachment 3 CITY-CONDUCTED ANNEXATION PROCESS FOR *INHABITED TERRITORY OR UNINHABITED TERRITORY WITHOUT 100% LANDOWNER CONSENT *Territory within which 12 or more registered voters reside City provides hearing notice ** ounci initiates annexation y reso ution [56654 c] City Council holds public hearing [ 56662(b)] Written opposition to proposal from landowners or registerea voters withiri the affected territory is NOT received prior to conclusion of City Council proceeding[ 56663] City Council makes findings pursuant to and adopts resolution approving the annexation and setting date for protest proceedings*** City provides notice for protest proceeding [ 57025].1 City Council may make findings pursuant to and adopt resolution approving the annexation and waiving protest proceeding City Council holds protest proceedings [ 57078] City Council determines value of protest within 30 days & takes action based on rotest level Terminate proposal proposal subje~t to Order proposal without election Majority no, proposal rejected Majority yes, proposal approved City Council adopts resolution ordering annexation (Sample Resolution B) City forwards resolution and other documents to LAFCO LAFCO records Certificate of Completion Annexation becomes effective on date of recordation **If the city wishes to waive protest proceedings, the Notice MUST disclose to registered voters and landowners that unless written opposition to the proposal is received before the conclusion of City Council proceedings, City intends to waive protest proceedings. Notice MUST also disclose if there is potential for the extension or continuation of any previously authorized charge, fee, assessment or tax by the local agency. *** Protest proceedings may be held 30 days after the City Cmmcil hearing and between 21 to 60 days from the protest hearing notice date. April2014 LAFCO of Santa Clara County

15 Mora Glen Drive No. 1 APN Addre.ss Owrier : Mora Glen Dr Stephen M. Burch & Carolyn F. Bostick Mora Drive Harold V. & Mary J. Feeney Mora Drive Nash & Karen Jost Mora Drive Daniel D. & Grace Kuo Mora Drive Robert R. & Louise A. Rodriguez Mora Drive Lorraine A. Baxter LotSiZe IJouseSize 1.01 acres 3,323 sq. ft acres 3,363 sq. ft. 1.17acres 1,810 sq. ft acres 3,215 sq. ft acres 4135 sq. ft acres 4,071 sq. ft. I. Garage Size 563 sq. ft. 443 sq. ft. 546 sq. ft. 924 sq. ft. 600 sq. ft. 682 sq. ft. ~ ~ p 0 ::r 8 (D g +::..