Annex 95-01 - 19140 Stevens Creek Blvd.L:
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COUNTY OF SANTA CLARA
CALIFORNIA
LOCAL AGENCY FORMATION COMMISSION
County Government Center, East Wing
70 West Hedding Street
San Jose, California 95110
(408) 299-4321
17
LLO
CERTIFICATE OF COMPLETION
12921541
FIL�D FOR j REOUEST OF
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I, Autumn H. Arias, the Executive Director of the Santa Clara County
Local Agency Formation Commission, issue this Certificate of Completion
pursuant to Sections 57200 and 57201 of the Government Code.
I hereby certify that I have examined the Resolution for a change in
organ ization/Y&YgiO12Ri6d attached hereto and have found this document to be
in compliance with Section 56826 of the Government Code authorizing cities
within the County of Santa Clara to assume authority over certain changes in
government organization.
The name of the City is: CUPERTINO
The entire City is located in Santa Clara County.
The change of organization completed is an ANNEXATION
A map and description of the boundaries of the change of organization is
appended hereto.
The title of this proceeding is: STEVENS CREEK 95-01 (uninhabited).
The change of organization was ordered subject to the following terms and
conditions:
NONE
The date of adoption of the City Resolution ordering the change of
organization is June 5, 1995
Dated:
utumn H. Arias, Executive Director
Santa Clara County
Local Agency Formation Commission
Attachments: City Resolution
Legal Description
Map
95-0(
THIS IS TO CERTIFY THAT THE WITHIN
TNEFTRUMENT IS ATRUE AND CORRECT COPY
OF THE ZI
^NAL ON FILE IN THIS OFFICE,
T
ATEI=�- 'r , 19 f--
r,i:T_Y CL - OF THE CITY OF CUPERTINO
CITY CLERK
RESOLUTION NO. 9347
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO MAKING DETERMINATIONS AND APPROVING
THE ANNEXATION OF TERRITORY DESIGNATED "STEVENS
CREEK 95-01 it, APPROXIMATELY 1.35 ACRES LOCATED ON
THE SOUTH SIDE OF STEVENS CREEK BOULEVARD
BETWEEN TANTAU AVENUE AND FINCH AVENUE; FIRST
DEVELOPMENT CORP. (APNS 375-07-2 AND -3)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 1.35 acres on the south side of
Stevens Creek Boulevard (APNs 375-07-2 and -3) has been filed by property owner First
Development Corp.; and
WHEREAS, on May 1, 1995, the City Council adopted resolution No. 9330
initiating proceedings for annexation of the area designated "Stevens Creek 95-01; 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. 9347
That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated "Stevens Creek 95-01", 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 1.35
acres.
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 December 19, 1983, enacted an ordinance prezoning
the subject territory to City of Cupertino Retail/Residential/Office 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.
OA
Resolution No. 9347
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 5th day of June, 1995 by the following vote:
Vote Members - f IU City Council
AYES: Bautista, Burnett, Koppel, Sorensen, Dean
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
/s/ Kimberly Smith
City Clerk
resolutUres9347.doc
• LZ61i011
/s/ Wally Dean
Mayor, City of Cupertino
3
"EXHIBIT A"
ANNEXATION TO THE CITY OF CUPERTINO
STEVENS CREEK 95-01
FEB 1995
All that certain real property situate in the County of Santa Clara, State of California,
more particularly described as follows:
Beginning at a point on the Westerly line of Tantau Avenue, distant thereon N 0'23'W,
50.00 feet from the Northeasterly corner of Lot 126, as said Avenue and Lot are shown
upon that certain Map entitled, Tract No. 550 Loree Estates Unit No. 2, which map was
filed for record in the office of the Recorder of the County of Santa Clara, State of
California on January 3, 1949 in Book 22 of Maps, at Pages 4 and 5;
Thence S 89°37' W, 125.00 feet along a line running parallel with the Northerly line of
said Lot 126;
Thence S 0°23' E, 200.00 feet along a line running parallel with the said Westerly line of
Tantau Avenue to the Northwest corner of Lot 130 of said Tract No. 550;
Thence S 89°37' W along the Northerly line of Lots 133, 134 and 135 of said Tract No.
550 for a distance of 151.85 feet;
Thence N 0'23'12" W, 308.69 feet along that certain annexation to the City of Cupertino
entitled "Stevens Creek Blvd. 84-5" to a point along the Southerly line of Stevens Creek
Boulevard (formerly Stevens Creek Road) and Northeasterly corner of that certain tract of
land described as Parcel One in the deed from Lionel J. Tilson, et ux, to John B. Shelton,
et ux, dated June 16, 1950 and recorded June 20, 1950 in Book 2000 of Official Records,
page506, Santa Clara County Records, said point also being along that certain annexation
to the City of Cupertino entitled "Stern Ave. 82-1";
Thence N 89°44' E, 75.00 feet along the Southerly line of Stevens Creek Boulevard and
said annexation "Stern Ave. 82-1";
Thence S 0'23'12" E, 15.00 feet along said right of way line and said annexation "Stern
Ave. 82-l";
Thence N 89°44' E, 77.00 feet more or less along said right of way line and said
annexation;
Thence N 0023' W, 15.00 feet along said right of way line and said annexation;
Thence N 89°44' E, 105.04 feet along the said Southerly line of Stevens Creek Boulevard
and said annexation;
Thence on a curve to the right with a radius of 20.00 feet, through an angle of 89°53' for
a distance of 31.38 feet to a point on the Westerly line of Tantau Avenue as shown upon
said Tract No. 550;
Thence S 0°23' E, 88.17 feet along said last named line to the Point of Beginning.
Containing : 58,800 S.F. more or less.
1.35 acres more or less.
A.P.N. 375-07-002,003
Revised: March 31, 1995
Cit v of
cuperthio
June 8, 1995
Maxine Grace
Deputy Clerk of the Board/LAFCO Clerk
Santa Clara County Local Agency Formation Commission
County Administration Building
70 West Hedding Street, 10th Floor
San Jose, CA 95110
ANNEXATION - "STEVENS CREEK 95-01"
City Hall
10300 Torre Avenue
Cupertino, CA 94014-3202
Telephone: (408) 777-3223
FAX: (408) 777-3366
OFFICE OF THE CITY CLERK
Resolution No. 9347 was adopted on June 5, 1995, for annexation of property to the city
of Cupertino.
Enclosed are six (6) certified copies of the resolution and the Statement of Boundary
Change. Also enclosed are a warrant in the amount of $200 for you to forward to the
State Board of Equalization for annexation fees, a check to you for $50 for final filing
fees for the annexation, 2 copies of a map of limiting addresses and an alphabetical list of
streets within the affected area.
This territory will be taxed with others already in the City.
Sincerelly,
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OBERTA WOLFE
DEPUTY CITY CLERK
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Alhabetical list of all Streets Within the Affected Area
Inleuding Beginning and End Street Numbers
Stevens Creels 95-01 Annexation
19140 Stevens Creek Boulevard (APN 375-07-2)
Vacant (APN 375-07-3)
RESOLUTION NO. 9330
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO SETTING DATE FOR CONSIDERATION OF
ANNEXING AREA DESIGNATED "STEVENS CREEK 95-01
PROPERTY LOCATED ON THE SOUTH SIDE OF STEVENS
CREEK BLVD. BETWEEN TANTAU AVENUE AND FINCH
AVENUE; APPROXIMATELY 1.35 ACRE, FIRST
DEVELOPMENT CORP.
(APN 375-07-2 and -3)
WHEREAS, the City Council of the City of Cupertino has received a request for
annexation of territory designated "Stevens Creek 95-01" from property owner, First
Development Corporation; and
WHEREAS, the property, 1.35± acre on the south side of Stevens Creek Blvd.
between Tantau Avenue and Finch Avenue (APNs 375-07-2 and -3) is contiguous to the
City of Cupertino and is within its urban service area; and
WHEREAS, annexation would provide for use of City services; and
WHEREAS, this territory is uninhabited and was prezoned on December 19,
1983, to City of Cupertino Retail/Residential/Office zone; and
WHEREAS, the City of Cupertino, as Lead Agency for environmental review
completed an initial study and granted a Negative Declaration for annexation; and
WHEREAS, the County Surveyor of Santa Clara county has found the map and
description (Exhibits "A" and "B") to be in accordance with Government Code Section
56826, the boundaries to be definite and certain, and the proposal to be in compliance
with LAFCO's road annexation policies; and
WHEREAS, the fee set by the County of Santa Clara to cover staff cost for above
certification has been paid; and
"EXHIBIT A"
ANNEXATION TO THE CITY OF CUPERTINO
STEVENS CREEK 95-01
FEB 1995
All that certain real property situate in the County of Santa Clara, State of California,
more particularly described as follows:
Beginning at a point on the Westerly line of Tantau Avenue, distant thereon N 0023'W,
50.00 feet from the Northeasterly corner of Lot 126, as said Avenue and Lot are shown
upon that certain Map entitled, Tract No. 550 Loree Estates Unit No. 2, which map was
filed for record in the office of the Recorder of the County of Santa Clara, State of
California on January 3, 1949 in Book 22 of Maps, at Pages 4 and 5;
Thence S 89°37' W, 125.00 feet along a line running parallel with the Northerly line of
said Lot 126;
Thence S 0°23' E, 200.00 feet along a line running parallel with the said Westerly line of
Tantau Avenue to the Northwest corner of Lot 130. of said Tract No. 550;
Thence S 89°37' W along the Northerly line of Lots 133, 134 and 135 of said Tract No.
550 for a distance of 151.85 feet;
Thence N 0'23'12" W, 308.69 feet along that certain annexation to the City of Cupertino
entitled "Stevens Creek Blvd. 84-5" to a point along the Southerly line of Stevens Creek
Boulevard (formerly Stevens Creek Road) and Northeasterly corner of that certain tract of
land described as Parcel One in the deed from Lionel J. Tilson, et ux, to John B. Shelton,
et ux, dated June 16, 1950 and recorded June 20, 1950 in Book 2000 of Official Records,
pagc506, Santa Clara County Records, said point also being along that certain annexation
to the City of Cupertino entitled "Stern Ave. 82-1";
Thence N 89°44' E, 75.00 feet along the Southerly line of Stevens Creek Boulevard and
said annexation "Stern Ave. 82-1";
Thence S 0'23'12" E, 15.00 feet along said right of way line and said annexation "Stern
Ave. 82-1
Thence N 89°44' E, 77.00 feet more or less along said right of way line and said
annexation;
Thence N 0°23' W, 15.00 feet along said right of way line and said annexation;
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408)252-4505
PETITION
for proceedings pursuant to the
CORTESE-KNOX LOCAL GOVERNME'N'T' 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 Goverment Reorganization Act of 1985).
2. The proposed change of organization is designated as:
and consists of:
X
Stevens Creek 95-1
annexation to City of
detachment from
of 1.35
side of _
between
Cupertino
(name City/District)
(number of) acres on the
Stevens Creek Blvd.
Tantau Avenue
and Finch Avenue
and (if applicable) _ annexation
detachment
of the same to/from
S (n/s/e/w)
(Street/Avenue)
(Street/Avenue)
(Street/Avenue)
(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) uninhabited.
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 annexation (annexation,
detachment, reorganization, etc.) is/are:
To procure City services
CqP- ti.no« Annexation petition �2w
7. It is dpsized th�t the proud &;raja o; organization or
reo=ep.ni.zation be :rads s4bje4�t to the fcll�ing terrs and =-&tian�j
8. The N-"ran(s) sign tng this petition ha:/have sick as (check cure):
atimer(s) of l a,4 writhin the affazted texrit-oxy.
registered vctar(q) within the offer ted territory,
9. Thi ur�igned prapQnar:t (s) 4)!� do mn 100 of the territory
_ do not proposed for c.Ize-ge of
or+ganizatim or
r$ozyud2ation.
Miereform, petitioner(s) requests) that pros be taken in
a000rdanc,- with the pravisicmz Of 55000 et seq. 0i the Govermwmt
Code and h rswith affix sig,-ature (s) :
.Is fa11aws:
Cl-= FL=ggO gm
(not to sxceAd threfi)
Signattuy�s
of PE�titiom s
(please p_t) Assessor's Election
nae below Street Address Parcel. Precinct
natp- C4
• 3SyuZ s� 37 o7 -z
,Ia 5�
Phone:
Prone (—)
* - For presposalsinvolving ; it "bited terri'tocy a: for
la irLitiated pmpesals.
** - 'For rprQpo&l,s involvirrmit tatxitory or for jaw,�j,nt:vote
initiat$d proposals.
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
t X RXA
(408) 777-3200
SUPPr,Fr=AL APPLICATION
FOR
MUNICIPAL AND/OR DISTRICT
CHANGE OF OZATION OR REORGANIZATION OF TERRITORY
This supplemental application must be completed in full and suhmitted 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 Local Govex ment Reorganization Act of
1985 (Government Code Sect. 56000 et seq.)
PROPOSAL DESIGNATION:
Annexation
►_tr..; b = • •
Stevens Creek 95-1
City of Cupertino
(City or Spec. District)
ENVIRONMENTAL STATUS OF PROPOSAL
X 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 Dec 19, 1983 , and in compliance with CEQA, has:
(date)
determined that the annexation is categorically
provisions of CEQA pursuant to Cal.Adm.Code Sec.
(cite class exemption section).
exempt from
X completed an Initial Study and Negative Declaration for the
annexation, a copy of which is attached to this application.
completed 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 ccunpleted Environmental
Information Form required by Planning staff is attached to this
application. (Planning staff phone: (408) 252-4505.)
Proposal is categorically exempt from provisions of CEQA pursuant to
Cal. Adm. Code Sec. because
CHARACI'IIZISTICS OF THE AREA
1. Number of acres
2. Number of inhabitants
3. Number of registered voters
1.35
0
C
4. Number of dwelling units 0
5. a. What is the present use of the area (be brief, but specific):
vacant land
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: Prezoning is a filing
requirement for city annexations):
Retail/Residential/Office
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.
Use permit approval was granted 1/3/95 to allow the construction of 40
apartment units and 4,_000 s.1. of commercial. The construction is
expected to begin summer/fall 1995.
8. Do the boundarie's 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.
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 improvement(s) and the average cost per
resident/landowner of the district.
Service/improvement:
Cost:
$ Jyr. 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 Union School District Cupertino Sanitary District
Fremont Union High School _District Mid Peninsula Open Space District
Foothill Community_ CollegeDistrict
•• CII' � • ' D CM• � • �I'
14. Please provide the information requested below:
a. Owners of land* within the proposed annexatoin/detachment/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.
Signature
Date (Print name below)
See Corp.
petition 1st Development
Ernest Go
Street Address/
City/State/Zip
233 Sansome St
San Francisco
CA 94404
Assessed
Parcel Value of
Tel. No. No. Land
(415)
788-0883 375-07-2 $1,141,396
375-07-3
(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 land 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.
Supp. Appl. -4-
CERTIFICATE 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 FURTHER CERPIFY that,
pursuant to Goverrment Code Section 56839, the City will make
determinations on this proposal without notice or hearing.
Date:
City Clerk
City of Cupertino.
(seal)
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 land valuation
below. Signatures and dates are not required. Hearing will be
held for less -than -100% -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% CONSENT PROPOSALS, list all registered voters
residing inthe territory proposed for annexation/detachment/re-
organizations 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-
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
Ccmummity 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 LAFCO filing requirements will be met and
that the statements made in this application are to the best of my
knowledge accurate.
Bert J. Viskovich
ignaturo)
10300 Torre Avenue
Cupertino, CA 95014
(Address)
/O
(Date)
NOTE: � It 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