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Annex 95-02 - 10261 Orange Ave�Ci(v O(' Cup C111110 October 25, 1995 Wei Luh Chu Ying Tian Tang 406 S. Bascom San Jose, CA 95128 ANNEXATION: "ORANGE AVENUE 95-02" City Hall 10300 Torre Avenue Cupertino, CA 94014-3255 Telephone: (408) 777-3223 FAX: (408) 777-3366 OFFICE OF THE CITY CLERK The Certificate of Completion for the annexation known as "Orange Avenue 95-02" was recorded on October 12, 1995, and the territory became part of the City of Cupertino on that date. This completes all necessary steps to finalize the annexation. Sincer7ly, t Roberta Wolfe Deputy City Clerk encl. nN=f�F;p�iFD Q_aEY. This document ha9 Please record without fee not been compared with the original. (Govt.. Code Sec. 6103) SANTA CLARA COUNTY RECORDER COUNTY OF SANTA CLARA CALIFORNIA LOCAL AGENCY FORMATION COMMISSION County Government Center, East Wing 70 Nest Hedding Street, 10th Floor San Jose, California 95110 (408) 299-4321 NO FEE© 13051176 FLED FOR RECORD AT REQUEST OF 95 OCT 12 Ari 9: 56 0FrIC: k L -40 P,DS SANTA CLA€tti COUNTY BRENDA DAVIS RECorDEP Vt Bi6iii Y • 5 J Gi �a. � Liw k2 � clqwpy CERTIFICATE OF COMPLETION 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 organization/1O&OiOl2iff& 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: ORANGE AVENUE 95-02 (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 October 2, 1995 Dated: O(��- /o 112q , Attachments: City Resolution Legal Description Map 4 1 z4y-1 Autumn H. Arias, Executive Director Santa Clara County Local Agency Formation Commission Countyof Santa Clara Local Agcncy Formation Commission Counn' Government Cenler. Easl Vying 70 \vest Redding Street. I Oil Floor San Jose, California 951 10 (4108) 299-2424 (408) 295-1 G 13 FAX Autumn Arias. ASSLSIanI Executive Officer STATEMENT OF BOUNDARY CHANGE B.O.E. Filing No. COUNTY: Santa Clara COUNTY NO: 43 EFFECTIVE DATE: CONDUCTING AUTHORITY: City of Cupertino SHORT TITLE:— ORANGE AVENUE 95-02 RESOLUTION N0: 9451 LAFCO RESOLUTION NO: NA TYPE OF ACTION: ( X4 Annexation ( ) Detachment ( ) Formation ( ) Dissolution ( ) Reorganization ( ( ) Incorporation ( ) Other: ) Consolidation AFFECTED C ITY/XI4Q;C)r; Cupertino TYPE OF CHANGE: annexation to the CitY of Cupertino AFFECTED TERRITORY IS LEGALLY: ( ) Inhabited (XX) Uninhabited ( ) ACREAGE: 0.18 ACRE ESTIMATED POPULATIONt Developed ( ) Undeveloped 4 • (City Boundary Changes Only The affected territory will/will not be taxed tractual obligations for existing bonded indebtedness or con- as set forth in the Resolution; the terms and conditions are: Enclosed.are the following Items required at the time of filing: X Fees $n19 .$250.00X Legal Description Resolution of Conducting Authority NA County Auditor's Letter of TRA Assignment (Consolidated Counties) X_ Certificate of Completior X Map(s) & supporting Documents FOR CITY BOUNDARY CHANGES ONLY X Map of Limiting Addresses (2 copies) X Alphabetical list of 1��X Vicinity Maps (2 copies) 4. LLif affected area to include beginning and street numbers BOARD OF EQUALIZATION WILL ACKNOWLEDGE RECEIPT OF FILING TO: Deputy Clerk of the Board/LAFCO Clerk Santa Clara County LAFCO 70 West Hedding Street, 10th Floor San Jose, CA 95110 (408) 299-4321 Commissioners: Joe Head, Nliclli'Cl t`t. Honda, i'�'nelopc Lave, Zoe Lofgre•n. _Sig tiancltez Commission Secretan•: (408) 39c34g, I RESOLUTION NO. 9451 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING DETERMINATIONS AND APPROVING THE ANNEXATION OF TERRITORY DESIGNATED "ORANGE AVENUE 95-0211, APPROXIMATELY 0. 18 ACRE LOCATED ON THE WEST SIDE OF ORANGE AVENUE BETWEEN ALMADEN AVENUE AND SAN FERNANDO AVENUE; CHU/TANG (APN 357-14-097) WHEREAS, a petition for the annexation of certain territory to the City of Cupertino in the County of Santa Clara consisting of 0.18 acre on the west side of Orange Avenue (APN 357-15-097) has been fled by property owners Wei Luh Chu and Ying Tian Tang; and WHEREAS, on September 5, 1995, the City Council adopted resolution No. 9413 initiating proceedings for annexation of the area designated "Orange Avenue 95-02; 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 aiulexation 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. 9451 Page 2 1. That it is the conducting authority pursuant to Section 35150.5 of the Government Code for the annexation of property designated "Orange Avenue 95-02", 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. 18 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 Councif 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. 9451 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 2nd day of October, 1995 by the following vote: Vote Members of the City Council AYES: Bautista, Burnett, Koppel, Sorensen, Dean NOES: None ABSENT: None ABSTAIN: None ATTEST: /s/ Roberta Wolfe Deputy City Clerk resoluti/res945 Ldoc 3 APPROVED: /s/ Wally Dean Mayor, City of Cupertino "EXHIBIT A" ANNEXATION TO THE CITY OF CUPERTINO ORANGE AVENUE 95-02 JULY 1995 All that certain real property situate in the County of Santa Clara, State of California, more particularly described as follows: Portion of Lot 113, 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 11, 1917 in Volume P of Maps, at Page 20, and more particularly described as follows: Beginning at the point of intersection of the westerly line of Orange Avenue with the northerly line of San Fernando Avenue, running thence along the westerly line of said Orange Avenue, NORTH 78.42 feet to a point lying on the boundary of that certain annexation to the City of Cupertino entitled "Orange Avenue 94-07"; Thence leaving the westerly line of said Orange Avenue and running along the said annexation "Orange Avenue 94-07" WEST 100.15 feet to a point lying on the boundary of that certain annexation to the City of Cupertino entitled "San Fernando Avenue 81-411; Thence along the said anndxation "San Fernando Avenue 81-4" SOUTH 78.42 feet to a point being along the northerly line of San Fernando Avenue; Thence EAST 100.15 feet along said northerly line of San Fernando Avenue to the Point of Beginning. Containing: 7,854 square feet, more or less. 0.18 acres, more or less. A.P.N.: 357-15-097 IvSV1 �W 0 i hC Lb o Zq U7 m r� d � nv 3tr►'�'9'bo � S = :z z < L w 0. LL `a I LL Lp o w d Lu x/1`1' 91i2f},9 X o� t.c.1LLJ o- 1,A d z Lu 0 W a v. - u Zoon �W 0 i hC Lb `0 Zq U7 m r� d Q' �- u Zoon I I Z o Ll- F o� z U- O� hC C'4 `0 mU p Q z d = :z z < L w 0. LL `a I vi Lp o w LL) Lu v X o� t.c.1LLJ o- C� � W I I W I I Z o Ll- F o� z U- O� z Z � J z d = :z z w � I I z Lu C� � I I I I RESOLUTION NO. 9413 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SETTING DATE FOR CONSIDERATION OF ANNEXING AREA DESIGNATED "ORANGE AVENUE 95-02", PROPERTY LOCATED ON THE WEST SIDE OF ORANGE AVENUE BETWEEN ALMADEN AVENUE AND SAN FERNANDO AVENUE; APPROXIMATELY 0. 18 ACRE, CHU/TANG (APN 357-15-097) WHEREAS, the City Council of the City of Cupertino has received a request for annexation of territory designated "Orange Avenue 95-02" from property owners, Wei Luh Chu and Ying Tian Tang; and WHEREAS, the property, 0.18+ acre on the west side of Orange Avenue between Almaden Avenue and San Fernando Avenue (APN 357-15-097) 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 June 4, 1984, to City of Cupertino R1-7.5 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 RESOLUTION NO. 9413 WHEREAS, as provided in Government Code Section 56826 the City Council of the City of Cupertino shall be conducting authority for a reorganization including an annexation to the City; 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; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby initiates annexation proceedings and will consider annexation of the territory designated "Orange Avenue 95-02" at their regular meeting of October 2, 1995. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5th day of September, 1995 by the following vote: Vote Members of the City Council AYES: Bautist, Burnett, Koppel, Sorensen, Dean NOES: None ABSENT: None ABSTAIN: None ATTEST: /s/ Kimberly Smith City Clerk resoluti/res9413 . doc APPROVED: /s/ Wally Dean Mayor, City of Cupertino 2 "EXHIBIT A" ANNEXATION TO THE CITY OF CUPERTINO ORANGE AVENUE 95-02 JULY 1995 All that certain real property situate in the County of Santa Clara, State of California, more particularly described as follows: Portion of Lot 113, 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 on April 11, 1917 in Volume P of Maps, at California described as follows; Page 20, and more particularly Beginning at the point of intersection of the westerly line of Orange Avenue with the northerly line of San Fernando Avenue, running thence along the westerly line of said Orange Avenue, NORTH 78.42 feet to a point lying on the boundary of that certain annexation to the City of Cupertino entitled "Orange Avenue 94-07"; Thence leaving the westerly line of said Orange Avenue and running along the said annexation "Orange Avenue 94-07 WEST 100.15 feet to a point lying on the boundary of that certain annexation to the City of Cupertino entitled "San Fernando Avenue 81-41-; Thence along the said annexation "San Fernando Avenue 81-4" SOUTH 78.42 feet to a point being along the northerly line of San Fernando Avenue; Thence EAST 100,15 feet along said northerly line of San Fernando Avenue to the Poi.nt of Beginning. Containing: 7,854 square feet, more or less. 0.18 acres, more or less. A.P.N.: 357-15-097 Fn o o C::� z n tf) g Q A`��s L z m I� 11 u s z z v o L�<5- I — ORM4E AVE. z �z rrn mm U 00 -n4� Z p o O� Z� 8 2 � .- cvLn 15 w m rn rn -P o J � rn N O BYRId6 AVE • rn -o Ln _Ply LnL71 �o cn v ` H m W o a2 ORA+44E AVE o � 4 ' D ^i Z 213�Ni > o N ' rn A r �AK. O 0 City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3354 PETITION for proceedings pursuant to the CORTESE-MOX LOCAL GovERNMENT REORGANIZATION ACT OF 1985 The undersigned hereby petitions) 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 560001 Cortese -Knox Loral Goverment Reorganization Act of 1985). 2. The proposed change of organization is designated as: Orange Avenue 95-02 and consists of: X annexation to City of Cupertino x x x xJstarhmarAxfxmx (name City/District) of .18 (number of) acres on the W (n/s/e/w) side of Orange Avenue (Street/Avenue) between Almaden Avenue (Street/Avenue) and —San—Fernando Avenue (Street/Avenue) and (if applicable) _ annexation — detachment of the same to/from (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 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 detachment, reorganization, etc.) is/are: To procure City services. (annexation, 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: W/A 8. The persons) 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) x 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 Code and herewith affix signature(s) as follows: CLEF 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: CO-ffIzg 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 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3354 SUPPTET=AL APPLICATION FOR MUNICIPAL AND/OR DISTRICT CHANGE OF ORGANIZATION OR REORGANIZATION OF TERRITORY This supplemental application must be corrpleted 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 Local Gove nment Reorganization Act of 1985 (Government Code Sect. 56000 et seq.) PROPOSAL DESIGNATION: Orange Avenue 95-02 Annexation ) to/from City of Cupertino (City or Spec. District) 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 6/4/84 , 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 ccunpleted 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 completed 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. Actin. Code Sec. because CHARACI`FRISTICS OF THE AREA 1. Number of acres .18 2. Number of inhabitants 4 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 House 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): S, ni±e-mss d -en c e , j 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. October 1995 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 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. MRI 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: for— yrs. $ kyr. 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 District Cupertino Sanitar Di�t-r' t Fremont Union High Sch District Foothill Community College Dist y is Mid-PPnin�i,la npran Space District 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. Assessed Signature Street Address/ Parcel Value of Date (Print name below) City/State/Zip Tel. No. No. Land See Petition Wei Luh Chu 406 S. Bascom 993-2299 357-15-097 $8,413.00 Ying Tian Tang San Jose � focs; 1600 Urc-nye. X ,,e. qs J. lZ (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- 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 Community Developnent's Report and mailed Notice of Hearing (in addition to the Clerk/Administrator of each affected city or district): Name (1) (2) (3) Street Address City/State/Zip 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 Viskovich 10300 Torre Avenue (print name f perso complete- Cupertino, CA 95014 ing s (Address) R 13 (Signa e ( te) 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. 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 (rnmtber) signatures above represent all of the owners of property included in this proposal. I FLFaHM CERTIFY that, pursuant to Government Code Section 56839, the City will Ittake determinations on this proposal without noticer hearing. Date: / % r' � 4 i" 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 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/Statg Zip Name City/State/Zip (If additional space required, continue list on separate sheet & attach.) C. FOR NOT -100% CONSENT PROFO.SALs, 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-