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Annex 95-01 - 19140 Stevens Creek Blvd.L: Please recolyd. wi thout..l=.e,� , Code pec:' f`5, _0) ; E� 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 ,,r y5 j-, i,' 16 N T 48 O` TA CLF,`,yl;`O4^ S �rr-Z±r41 1 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, -6), �, V -4u OBERTA WOLFE DEPUTY CITY CLERK n D r m I I 0 O m CA x --i cf) m� � zz c� D D EXISTING ANNEXATION I m z car, I STEVENS CREEK BLVD. 84-5 I ry x L- -- 169'8W_ — D - Frl FTlI M, Z I,CZ.00N I Oz < CA cn z �I W Ln � �,\�� cn 0o O\ I I to cn� 00 n o Z\0100 f�0 cf) \ �e � x x o m o �s9c� ,00'OOZ �s fT1 z z �� �� O 3„ O,�Z.00S 1-e 1t z zo 00 �� S I � �; �� e 01> -c m Z z Z of 00 \o'z\�'- ICT _\ D X m Z m 0 r m c,. \ o D o ,OS I ,L l'88�Im z0 --4 - 3„OO,�Z.00S�op�� TANTAU AVE i N cc 0 - -< D �c m m ►-3 m m z O m CO -� - -0 m=O zO M m -0 r r CD cn n 0 cn r oma'' �c.,ry-�m m--jm < -C O STERN AVE. (n Z M n C� m < C/') D m Z ;7 C X OD Q cD m � D y .. Z7 '\�o 2 C -A n _ —i Z cp co ZO N Ci m n O O O O N O O N LAWRENCE/ PWY n O a MILLER AVE. �c -� m y J <r c FINCH AVE. o M r r r r z r oma'' �c.,ry-�m � STERN AVE. N 'U ZZ(nZ Oo Co 0 0 OD cD cD 0 O Z7 0 2 C -A n -A a N cj N Ci m n O O O N O O m M m g z W m -,J --4 0 000 > ( CA co O C) O O O O Z -_ -m LAWRENCE/ PWY O a MILLER AVE. -� m y Zn 0 c FINCH AVE. o m m m (A ► TANTAU AVE. CC) D r oma'' mr � STERN AVE. o LAWRENCE/ PWY 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