89,319 94-05 21910 Hermosa _ 89,319 ANNEXATION 94-05 _
21910 Hermosa Avenue
Jium-Huey Lee
A
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1 1
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•
CITY OF CUPERTINO .
• RSCE2T •
• No. 79329 •
DATE 4 - 19_
• RECEIVED C L I N •FROM rr 11
ADDRESS 21ci2S
C0.H I C Ea I MDREY
• v ORDER DOUARS CEIn •
• rlV)exg4-on O •
• I10 - �+ � � - So •
• llkwaof-a5 •
• RECEIVED '' •
BY
MWN BUSWM SYSEN
• r � 89, 319 •
i
RESOLUTION NO. 9155
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO MAKING DETERMINATIONS AND APPROVING
THE ANNEXATION OF TERRITORY DESIGNATED "HERMOSA
AVENUE 94-05", APPROXIMATELY 0.17 ACRE LOCATED ON
THE SOUTH SIDE OF HERMOSA AVENUE BETWEEN ORANGE
AVENUE AND BYRNE AVENUE; LEE (APN 357-16-049)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.17 acre on the south side of
Hermosa Avenue between Orange Avenue and Byrne Avenue (APN 357-16-049) has
been filed by property owner Jiun-Huey Lee; and
WHEREAS, on July 5, 1994, the City Council adopted resolution No. 9133
initiating proceedings for annexation of the area designated "Hermosa Avenue 94-05; and
WHEREAS, said territory is uninhabited and all owners of land included in the
proposal consent to this annexation; and
WHEREAS, Section 35150.5 of the California Government Code states that the
Local Agency Formation Commission shall not have any authority to review an
annexation to any City in Santa Clara County of unincorporated territory which is within
the urban service area of the city of the annexation if initiated by resolution of the
legislative body and therefore the City Council of the City of Cupertino is now the
conducting authority for said annexation; and
WHEREAS, Government Code Section 56837 provides that if a petition for
annexation is signed by all owners of land within the affected territory the City Council
may approve or disapprove the annexation without public hearing; and
WHEREAS, evidence was presented to the City Council;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cupertino as follows:
Resolution No. 9133 Page 2
1. That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated "Hermosa Avenue 94-05", more
particularly described in Exhibit "A";
2. That the following findings are made by the City Council of the City of
Cupertino:
a. That said territory is uninhabited and comprises approximately 0.17
acre.
b. That the annexation is consistent with the orderly annexation of territory
with the City's urban service area and is consistent with the City policy
of annexing when providing City services.
C. The City Council has completed an initial study and has found that the
annexation of said territory has no significant impact on the environment,
and previously approved the granting of a Negative Declaration.
d. The City Council on June 4, 1984, enacted an ordinance prezoning the
subject territory to City of Cupertino R1-7.5 zone.
e. Annexation to the City of Cupertino will affect no changes in special
districts.
f. That the territory is within the city urban service area as adopted by the
Local Agency Formation Commission.
g. That the annexation is made subject to no terms and conditions.
h. 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 City shall reimburse the
County for actual costs incurred by the County Surveyor in making this
determination.
i. That the proposed annexation does not create islands or areas in which it
would be difficult to provide municipal services.
j. That the proposed annexation does not split line of assessment of
ownership.
k. That the proposed annexation is consistent with the City's General Plan.
2
Resolution No. 9155 Page 3
1. That the City has complied with all conditions imposed by the
commission for inclusion of the territory in the City's urban service area.
M. That the territory to be annexed is contiguous to existing City limits under
provisions of the Government Code.
3. That said annexation is hereby ordered without election pursuant to Section 35151
et seq. of the Government Code.
4. That the Clerk of the City Council of the City of Cupertino is directed to give
notice of said annexation as prescribed by law.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 1st day of August 1994 by the following vote:
Vote Member-.Qf lk C& Council
APES: Bautista, Burnett, Dean, Koppel
NOES: None
ABSENT: Sorensen
ABSTAIN: None
ATTEST: APPROVED:
/sl Kim M. Smith /s/ Barbara Koppel
City Clerk Mayor, City of Cupertino
=01UIUM9155AM
3
"EXHIBIT A"
ANNEXATION TO THE CITY OF CUPERTINO
HERMOSA AVENUE 94-05
MAY 1994
All that certain real property situate in the County of Santa Clara, State of California,
more particularly described as follows:
Portion of Lots 66 and 72 , as shown upon that certain Map entitled , "Map of Subdivision
'A' Morita Vista", which Map was filed for record in the office of the Recorder of the
County of Santa Clara , State of California on April 17, 1917 in Volume P of Maps , at
Page 20, and more particularly described as follows:
Beginning at the point of intersection of the Southerly line of Hermosa Avenue with the
Northwest corner of that certain annexation to the City of Cupertino entitled "Hermosa
Avenue 92-06",said point also being along that certain annexation to the City of Cupertino
entitled "Hermosa 71-15", and also being along the Northerly boundary line of Lot 66;
Thence running Southerly along the Westerly boundary line of said annexation entitled
Hermosa Avenue 92-06", SOUTH 144.62 feet; Thence running Westerly and parallel
with the said Southerly line of Hermosa Avenue also known as the Southerly boundary
line of the said annexation to the City of Cupertino entitled "Hermosa 71-15", WEST
50.08 feet; Thence running Northerly along the Westerly boundary lines of said Lots 66
and 72, NORTH 144.62 feet to a point of the said Southerly line of Hermosa Avenue and
the Southerly boundary line of the said annexation to the City of Cupertino entitled
"Hermosa 71-15"; Thence along the said last named line, EAST 50.08 feet to the Point of
Beginning.
Containing: 7,242 square feet, more or less.
0.17 acres, more or less.
A.P.N. : 357-16-049
GRANADA AVE.
> HERMOSA AVE <
SITE
® C LOMITA AVE.
^ 20' o
ALMADEN O AVE.
H E R M O S A EzisnNc ANNEXAn9 f AVE
HERMOSA 71-15
EAST RES, J 3215 DOLORES AVE.
2 17 10 Hermosa Avenue P 0 B > VICINITY MAP
� M F ' P 4 � NOT TO SCALE
�+ APN 357-16-049, �J
I //////
LOT 66 j I J � P
7,242 so. F� 66 65 Z
�// /////
0.1 ACRES
b b N
= og N
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Km_
W
Z W h
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Z O W
� 1 5'
20' - Wx
7 / I 72 73
NEST
SD.08'
EXHIBIT B
LEGEND:
PROPOSED ANNEXATION
TO THE CITY OF CUPERTINO
BOUNDARY LINE OF ENTITLED HERMOSA AVENUE 94-05
PROPOSED ANNEXATION
DATE: MAY 1994 SCALE: 1 " = 40'
= BOUNDARY LINE OF BY: K. RIEDEN REVISED:
EXISTING ANNEXATION
County of Santa Clara • NOUN,
Environmental Resources Agency PUBLIC WORKS ► �Z�\�t I 0�0
Land Development Engineering&Surveying Office �UN 2 1994
f! IJ
county Government center, Fast wing
70 west Hedding Street
San Jose.California 951 10
1408)299-2871 FAX 2798537 n t`
June 15, 1994
Dorothy Cornelius, City Clerk
City of Cupertino
P. O. Box 580
Cupertino, CA 95015
The attached map and description dated May 1994 of territory proposed for
annexation to the City of Cupertino entitled Hermosa Avenue 94-05 is in accordance
with Government Code Section 56826. The boundaries of said territory are definite
and certain. The proposal is in compliance with the Commission's road annexation
policies.
mc�- /,4� w
Martin D. Marcott
County Surveyor
Attachment
cc: LAFCO Executive Officer (w/attachment)
K. Rieden
Board of Supervisors:Michael M. Honda, Zoe Lotgren. Ron Gonzales, Rod Dindon, Dianne McKenna ,
��3�9
"EXHIBIT A"
ANNEXATION TO THE CITY OF CUPERTINO
HERMOSA AVENUE 94-05
MAY 1994
All that certain real property situate in the County of Santa Clara, State of California,
more particularly described as follows:
Portion of Lots 66 and 72 , as shown upon that certain Map entitled , "Map of Subdivision
`A' Monta Vista", which Map was filed for record in the office of the Recorder of the
County of Santa Clara , State of California on April 17, 1917 in Volume P of Maps , at
Page 20, and more particularly described as follows:
Beginning at the point of intersection of the Southerly line of Hermosa Avenue with the
Northwest corner of that certain annexation to the City of Cupertino entitled"Hermosa
Avenue 92-06",said point also being along that certain annexation to the City of Cupertino
entitled"Hermosa 71-15", and also being along the Northerly boundary line of Lot 66;
Thence running Southerly along the Westerly boundary line of said annexation entitled
"Hermosa Avenue 92-06", SOUTH 144.62 feet; Thence running Westerly and parallel
with the said Southerly line of Hermosa Avenue also known as the Southerly boundary
line of the said annexation to the City of Cupertino entitled "Hermosa 71-15", WEST
50.08 feet; Thence running Northerly along the Westerly boundary lines of said Lots 66
and 72,NORTH 144.62 feet to a point of the said Southerly line of Hermosa Avenue and
the Southerly boundary line of the said annexation to the City of Cupertino entitled
"Hermosa 71-15"; Thence along the said last named line, EAST 50.08 feet to the Point of
Beginning.
Containing: 7,242 square feet, more or less.
0.17 acres, more or less.
A.P.N. : 357-16-049
GRANADA AVE.
HERMOSA.. AVE
a SITE _
® (z LOMITA 0 AVE.
r a
20 m ALMADEN 0 AVE.
S
HERMOSA DUSTING A 71-15 AVE
eERnosa 715 DOLORES AVE.
RES. / 3218
EAST
50.08'
W POB ; VICINITY MAP
P 4 NOT TO SCALE
d'
0�
Z APN)l �9 I \� T
W
/
7 242/Sa. FT. 66 �J �� 65 Z
= d.p1 AC 6�S� o W
xgWr� O
<m
i�!o
SCALE: 1"-40'
I IS— Z oi.R
�w
20' 7 I 73
72
50.08'
EXHIBIT B
LEGEND: PROPOSED ANNEXATION
TO THE CITY OF CUPERTINO
BOUNDARY LINE OF ENTITLED HERMOSA AVENUE 94-05
PROPOSED ANNEXATION
DATE: MAY 1994 SCALE: 1" = 40'
= BOUNDARY LINE OF BY: K. RIEDEN REVISED:
EXISTING ANNEXATION CITY OF CUPERTINO
t
"EXHIBIT A"
ANNEXATION TO THE CITY OF CUPERTINO
HERMOSA AVENUE 94-05
MAY 1994
All that certain real property situate in the County of Santa Clara, State of California,
more particularly described as follows:
Portion of Lots 66 and 72 , as shown upon that certain Map entitled , "Map of Subdivision
'A' Morita Vista", which Map was filed for record in the office of the Recorder of the
County of Santa Clara, State of California on April 17, 1917 in Volume P of Maps , at
Page 20, and more particularly described as follows:
Beginning at the point of intersection of the Southerly line of Hermosa Avenue with the
Northwest corner of that certain annexation to the City of Cupertino entitled "Hermosa
Avenue 92-06",said point also being along that certain annexation to the City of Cupertino
entitled"Hermosa 71-15", and also being along the Northerly boundary line of Lot 66;
Thence running Southerly along the Westerly boundary line of said annexation entitled
"Hermosa Avenue 92-06", SOUTH 144.62 feet; Thence running Westerly and parallel
with the said Southerly line of Hermosa Avenue also known as the Southerly boundary
line of the said annexation to the City of Cupertino entitled"Hermosa 71-15", WEST
50.08 feet; Thence running Northerly along the Westerly boundary lines of said Lots 66
and 72,NORTH 144.62 feet to a point of the said Southerly line of Hermosa Avenue and
the Southerly boundary line of the said annexation to the City of Cupertino entitled
"Hermosa 71-15"; Thence along the said last named line, EAST 50.08 feet to the Point of
Beginning.
Containing: 7,242 square feet, more or less.
0.17 acres, more or less.
A.P.N. : 357-16-049
Tgj31y
w
GRANADA AVE. <
W J
Q
> H RMOSA AVE < w
a SITE
® On-
z LOMITA AVE.
r a
20' m ALMADEN 0 AVE.
EXISTING A
HERMOSA NNE%An AVE
NERVOSA 71-15' DOLORES AVE.
RES. g 3215
EAST
w 50"o w VICINITY MAP
POB P NOT TO SCALE
w P3 6�49
R; i�i�s�o. FT I 66 65
>-1 ff nc6�s� Z
x� � d
og OF H
K OIL
IJWn
Z<O
<<` SCALE: 1n-40r
F 1 5'
2 0'
• 7 I 72 73
T
50.08'
EXHIBIT B
LEGEND: PROPOSED ANNEXATION
TO THE CITY OF CUPERTINO
= BOUNDARY LINE OF ENTITLED HERMOSA AVENUE 94-05
PROPOSED ANNEXATION
DATE: MAY 1994 SCALE: 1 " = 40'
= BOUNDARY LINE OF BY: K. RIEDEN REVISED:
EXISTING ANNEXATION CITY OF CUPERTINO
City Of Cupertino (408) 777-3354
. 10300 Torre Avenue
Cupertino, CA 95014
PETITION
for proceedings pursuant to the
CORTESE-KNOX LOCAL GOVERN= REORGANIZATION ACT OF 1985
The undersigned hereby petition(s) the City Council of the City of
Cupertino for approval of a proposed change of organization or
reorganization, and stipulate(s) as follows:
1. This proposal is made pursuant to Part 3, Division 3, Title 5 of the
California Government Code (commencing with Section 56000,
Cortese-Knox Local Government Reorganization Act of 1985) .
2. The proposed change of organization is designated as:
HERMOSA AVE 94-05
and consists of:
X annexation to City of Cupertino
detachment from (name City/District)
of . 17 (number of) acres on the S (n/s/e/w)
side of Hermosa Avenue (Street/Avenue)
between Byrne Avenue (Street/Avenue)
and Orange Avenue (Street/Avenue)
and (if applicable) _ annexation
detachment
of the same to/fron
(name City/District(s) )
3. A metes and bounds description of the exterior boundaries of the
territory(ies) included in the proposal, marked Exhibit A, and a map
of said territory(ies) , marked Exhibit B, are attached to this
petition and by this reference incorporated herein.
4. The territory to be organized/reorganized is: inhabited.
("inhabited" = 12 or more registered voters) x uninhibited.
5. This proposal X is consistent with the Sphere of Influence
is not of the affected city and district(s) .
6. The reaSons(s) for the proposed annexaction (annexation,
detachment, reorganization, etc.) is/are:
To procure City services
Cupertino: Annexation Petition -2-
7. It is desired that the proposed change of organization or
reorganization be made subject to the following terms and conditions:
8. The person(s) signing this petition has/have signed as (check one) :
owner(s) of land within the affected territory.
registered voter(s) within the affected territory.
9. The undersigned proponent(s) do own 100% of the territory
do not proposed for change of
organization or
reorganization.
Wherefore, petitioner(s) request(s) that proceedings be taken in `
accordance with the provisions of Section 56000 et seq. of the Government Ii
Code and herewith affix signature(s) as follows:
CHIEF PETITIONERS
(not to exceed three)
Signatures
of Petitioners
(Please print) Assessor's Election
name below Street Address Parcel or Precinct
�( Date signature) City/State/Zip No.* No.**
Phone: (_)
Phone (_) _-
* - For proposals involving uninhabited territory or for
landowner-initiated proposals.
** - For proposals involving inhabited territory or for resident-voter
initiated proposals.
City of Cupertino (408) 777-3354
10300 Torre Avenue
Cupertino, CA 95014
SUPPLEMENTAL APPLICATION
FOR
MUNICIPAL AND/OR DISTRICT
CHANGE OF ORGANIZATION OR REORGANIZATION OF TERRIMRY
This supplemental application must be coupleted in full and submitted with
any petition to the City for a change of organization (annexation or
detachment) or reorganization (multiple annexations and/or detachments)
made pursuant to the Cortese-Knox IDcal. Government Reorganization Act of
1985 (Government Code Sect. 56000 et seq.)
PROPOSAL DESIGNATION: HERMOSA AVE 94-05
Annexation )
) to/from City of Cupertino
Reorganization) (City or Spec. District)
ENVIRONMENTAL STATUS OF PROPOSAL
City of Cupertino , as Lead Agency for environmental review
(Name of City/District)
of the project, has already prezoned
(prezoned? other approval action?)
the territory on June 4, 1984 , and in compliance with CEQA, has:
(date)
determined that the annexation is categorically exert from
provisions of CEQA pursuant to Cal.Adm.Code Sec.
(cite class exemption section) .
completed an Initial Study and Negative Declaration for the
annexation, a copy of which is attached to this application.
o mpleted a Final EIR for the annexation, a copy of which is
attached to this application.
City of Cupertino City Council is to be Lead Agency for the
environmental review of the project and the completed Environmental
Information Form required by Planning staff is attached to this
application. (Planning staff phone: (408) 252-4505.)
Proposal is categorically exert from provisions of CEQA pursuant to
Cal. Adm. Code Sec. because
CHARACIMISTICS OF THE AREA
1. Number of acres .17
2. Number of inhabitants 1
3. Number of registered voters 0
4. Number of dwelling units 1
5. a. What is the present use of the area (be brief, but specific) :
Single Family Residential
b. Indicate the parcel numbers of those parcels, if any, which are
under contract under provisions of the Williamson
Act:
C. What steps, if any, have been taken or are proposed to be taken
to release the above parcel(s) from the contract?
6. a. For city annexations.what is the prezoning that has been applied
by the city to the affected area (Note: Prezon3ng is a filing
requirement for city annexations) :
R-1 7.5
b. Does the applicant intend to propose a change in this zoning if
and when the territory is annexed to the City? YES_ NO x
If YES, indicate the new zoning which will be sought.
7. For City or district annexations, describe the development being
proposed for the territory, if any, and when this development is
expected to begin.
Building a new home
8. Do the boundaries of the subject territory conform to lines of
assessment and ownership? YES x NO_
If No, please explain the reason for non-conformity and provide
justification for approving the boundary change as proposed:
Suppl. Appl. -2-
9. Do the boundaries of any proposed city annexation create an island,
corridor or strip of unincorporated territory? YES_ NO X
If YES, answer the following questions:
a. Number of acres in the island, corridor
or strip? (If more than one island is being
created, indicate the acreage of each island.)
b. Number of inhabitants?
C. Assessed value?
d. Land use and zoning in island, corridor or strip?
e. Describe present and proposed sewer and water services in island:
f. Does the proponent request waiver of restriction against creation
of an island? YES NO
If YES, explain why creation of an island is justified.
SERVICES
10. Is the territory proposed for annexation/detachment/reorganization in
the city or District's urban service area: YES X NO
11. If new development is proposed on the site, will this new development
be permitted without community sewage discharging into an existing
sanitary sewer system and disposal plant? YES_ NO X
If YES, what arrangements will be made to provide sewage disposal?
12. Will the extension of sewerage and/or water services or the construc-
tion of any public improvements to the affected territory be fin-
anced by the formation of a special assessment district? YES_ NO X
If YES, describe service(s) or irprovement(s) and the average cost per
resident/landowner of the district.
Service/improvement:
Cost: $ /yr. for _ yrs. $ /yr. for _ yrs.
Supp• Appl. -3-
. 13. List all cities, special districts, (including school districts) and
County Service Areas located within the area of this proposal.
(Exclude Santa Clara County Water District, San Francisco Bay Area Air
Pollution Control District, County Library Zone, and Water
Importation. ) (Refer to County Tax Rate Code Book for this
information) :
Cupertino Elem. Sch. Dist. Cupertino Sanitary District
Fremont High School District Mid Peninsula Open Space Dist.
Foothill Community College Dist.
LANDOWNERS AND REGISTERED VOTERS
14. Please provide the information requested below:
a. owners of land* within the proposed annexatoin/detachrkent/reor-
ganization who consent to this proposal should show their consent
by signing and printing or typing their names and addresses, with
date, below. (Signatures not required if proposal is initiated
by property-owner petition: put "see petition" below and type or
print names, addresses, etc.) Assessor's parcel number, assessed
land (not improvements) valuation, and, if 100% property-owner
consent has been obtained, certification by City Clerk must be
added prior to consideration. Hearing not required if 100%
property owner consent is obtained.
Assessed
Signature Street Address/ Parcel Value of
Date (Print name below) City/State/Zip Tel. No. No. Land
21910 Hermosa (408)
Jiun-Huey Lee Cupertino 95014 252-3396 357-16-049 $14, 117
(If additional space required, continue list on separate sheet & attach.)
* "owner of land means any person shown as the owner of land on the last
Equalized Assessment Roll; where such person is no longer the owner,
then any person entitled to be shown as owner of lard on the next
Assessment Roll; where land is subject to a recorded written agreement
of sale, any person shown therein as purchaser, and any public agency
owning land." Government Code Section 56048.
Stipp. Appl. -4-
15. Print or type the name and address of officers or persons, not to
exceed three in number, who are to receive copies of the Director of
Cotmmmity Development's Report and mailed Notice of Hearing (in
addition to the clerk/Administrator of each affected city or
district) :
Street Address
Name City/State/Zip
(1)
(2)
(3)
16. I hereby certify that all IAFCO filing requirements will be met and
that the statements made in this application are to the best of my
knowledge accurate.
Bert Viskovich 10300 Torre Avenue
(Prin name errQQn oi�lete- Cupertino CA 95014
inq s a ratio nl) q Address)
(Si ) (Date)
NOTE:7It is a general LAFCO filing requirement that a copy of this
application be filed with each school district shown on question #13 of
this document if the proposal involves ultimate new residential
development of five acres or more. It is the City's responsibility to
submit this information to the appropriate school district(s) and the
signature above is considered verification that this filing requirement
has been met.
i
CEKI'IFICATE OF CITY CLERK (Required for 100% Consent Proposal)
I CERTIFY that I have checked the number of owners of property located
within the annexation/detachment/reorganization proposed by this
application and that the _ (number) signatures above represent all of
the owners of property included in this proposal. I RTCE R CE=FY that,
pursuant to Government Code Section 56839, the City will make
determinations on this proposal without notice or hearing.
Date:
City Clerk
(Seal)
City of Cupertino
b. Owners of land within the proposed annexation/detachment/reor-
ganization who do not consent to this proposal should be listed
by name, address, parcel number and assessed lard valuation
below. Signatures and dates are not required. Hearing will be
held for less-than-l0o%-consent applications.
Street Address Street Address
Name City/State/Zip Name City/State/Zip
(If additional space required, continue list on separate sheet & attach.)
C. FOR NOT-100% OONSENT PROPOSALS, list all registered voters
residing in the territory proposed for annexation/detachment/re-
organization if different from the landowners shown in 14a. and
14b. above.
Street Address Street Address
Name City/State/Zip Name City/State/Zip
(If additional space required, continue list on separate sheet and
attach. )
Supp• Appl. -5-
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