The Town has an agreement with Santa Clara County that requires annexation of any property

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1 ZpW M F MEETING DATE: 09/ 02/ 14 j I ITEM NO. 0ssni COUNCIL AGENDA REPORT DATE: AUGUST 19, 2014 TO: FROM: SUBJECT: MAYOR AND TOWN COUNCIL GREG LARSON, TOWN MANAGER ADOPT A RESOLUTION SETTING THE DATE FOR CONSIDERATION OF REORGANIZATION OF AN UNINHABITED AREA DESIGNATED AS HILOW ROAD NO. 5, APPROXIMATELY 0.26 ACRES LOCATED AT HILOW ROAD. APN FILE #AN RECOMMENDATION: Adopt a resolution ( Attachment 2) setting the date for consideration of reorganization of an uninhabited area designated as Hilow Road No. 5, approximately 0.26 acres, located at Hilow Road (APN ). 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 and 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. Annexation has been requested in conjunction with plans for a remodel and addition to the existing single - family residence on the property. Section ofthe Cortese - Knox - Hertzberg Local Government Reorganization Act of2000 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 process is initiated by the Town after the property owner files an annexation petition; however, legislation that became effective in 2004 now requires the Town to hold a protest proceeding, even ifthe 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. C PREPARED BY: LAUREL R. PREVETTI, U Assistant Town Manager /Director of Community Development Reviewed by: N/A Assistant Town Manager Town Attorney _ Finance N:\ DEV\TC REPORTS\2014WilowRdNo. S- intro.dm Reformatted: 5 /30/ 02 Revised: 8/ 19/ 14 3: 48 PM

2 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: HILOW ROAD NO. 5 /AN August 19, 2014 The Town has received a petition requesting annexation to the Town of Los Gatos from Rachel Parrinello, Hilow Ventures, LP, owner of the property at Hilow Road. The property is located on the east side ofhilow Road, south of Shannon Road and in an unincorporated County island. The property is in the Town's Urban Service Area, is contiguous to a Town boundary, and is pre - zoned R -1: 8 ( single family residential, 8, 000 square feet minimum lot size). Annexation will allow Town services to be extended to the property and help fill in an existing County "island." 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 September 16, ENVIRONMENTAL ASSESSMENTS: Annexation of the subject property is exempt from the California Environmental Quality Act guidelines, pursuant to Section 15061( b)( 3). 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 Map, legal description and guideline checking fee 2, County Assessor' s fee LAFCO processing fee 1, State Board of Equalization fee The petitioner also paid an Annexation Fee of $2, 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 2. Resolution setting the date for consideration of reorganization of uninhabited territory designated Hilow Road No. 5, including Exhibits A & B. Distribution: Rachel Parrinello, Hilow Ventures, LP, Hilow Road, Los Gatos, CA LRP:EW: cg

3 Hilow Road No. 5 X47lFAQ, M?IOTT

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5 RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS SETTING THE DATE FOR CONSIDERATION OF REORGANIZATION OF AN UNINHABITED TERRITORY DESIGNATED HILOW ROAD NO. 5 PROPERTY LOCATED AT HILOW ROAD APPROXIMATELY 0.26 ACRES (APN: ) WHEREAS, the Town Council of the Town of Los Gatos has received a request for annexation of territory designated Hilow Road No. 5 from Rachel Parrinello, Hilow Ventures, LP; and WHEREAS, the property, 0.26 acres located at Hilow Road, APN: , 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 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; 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 oflos 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 A1TACIIl M 2

6 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; 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 Hilow Road No. 5 at its regular meeting on September 16, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 2nd day of September, 2014, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA F.VU1i * 111 CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA NADEV \RES0S\ 2014\ H low Road No. 5- Resol. doc

7 EXHIBIT "A" GEOGRAPHIC DESCRIPTION ANNEXATION TO THE TOWN OF LOS GATOS HILOW ROAD NO. 5 All that certain real property situated in the County of Santa Clara, State of California, being a part of Rancho Rinconada De Los Gatos, more particularly described as follows: Beginning at the existing Los Gatos Town Limits, said point being the most Southeasterly corner of annexation to the Town of Los Gatos entitled " Hilow Road No. 2 ", said point also being on the Easterly right of way line of Hilow Road (60 feet wide); thence along said Town limits and right of way line North 19 Degrees 40 Minutes 05 Seconds East a length of feet to the Northwesterly corner of Lot I as shown on the subdivision map of Tract No recorded in Book 48 of Maps at Page 31 Santa Clara County Records and True point of beginning; Thence ( 1) leaving said Town limits and right ofway line South 70 Degrees 19 Minutes 55 Seconds East a length of feet to the Northeasterly corner of said Lot 1; Thence (2) southerly along the tract boundary South 19 Degrees 40 Minutes 00 Seconds West a length of feet to the Southeasterly corner of said Lot 1; Thence ( 3) North 70 Degrees 19 Minutes 55 Seconds West a length feet to the Easterly right of way line of Hilow Road ( 60 feet wide) and said Town limits; Thence ( 4) along said town limits and right of way line North 19 Degrees 40 Minutes 05 Seconds East a length of feet to the True point ofbeginning. Containing 0.26 acres more or less Disclaimer: For assessment purposes only. This description of Land is not a legal property description a defined in The Subdivision map Act and may not be used as The basis for an offer for sale of the land Described." LN No Exp F OF CAVV Revised: July 10, 2014 EXHIBIT A of Attachment 2

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9 SCALE: 1"= 40' 6 M Q 32 o O VICINITY MAP o 0 ZQ i S Q i c 0 a rnl N O a APN L048' MAPS N, 0 2 ON D No Exp * LEGEND PROPERTY LINE CENTERLINE EXISTING TOWN LIMIT LIMIT OF ANNEXATION AREA WITHIN ANNEXATION ACRES. 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." BEING A PART OF RANCHO EXHIBIT B PROPOSED ANNEXATION TO TOWN OF LOS GATOS HILOW ROAD NO. 5 ANNEXATION DATE: IJOB. NO BY: HARRY BABICKA I REVISED: SHEET 1 OF 1 WESTFALL ENGINEERS, INC. SARATOGA, CALIFORNIA FXATRTT R of Attachment 2

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