Reorg. of 10116 Stern Ave (detach from City of San Jose, annex to Fire Dep't of Santa Clara Co.) Resos 98-123 and 98-124PROOF OF PUBLICATION
Filing Stamp
(2015.5 C.C.P.)
State of California
County of Santa Clara
I am a citizen of the United States and a
resident of the County aforesaid: I am
over the age of 18 years, and not party to
or interested in the above entitled matter.
I am the principal clerk of the printer of
the:
The Cupertino Courier, 20465
Silverado Ave., Cupertino
California, 95014 a newspaper of
general circulation, printed every
Wednesday in the City of San Jose, State
of California, County of Santa Clara, and
which newspaper has been adjudged a
newspaper of general circulation by the
Superior Court of the County of Santa
Clara, State of California, Case Number
CV1oo637 that the notice of which the
annexed is a printed copy (set in type not
smaller than nonpareil), has been
published in each regular and entire issue
of said Newspaper and not in any
supplement thereof on the following
dates, to wit:
May 6,
all in the year of 1998
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated: May 6, 1498
at San Jose, California
Ma guer*��t L. Brown
PROOF OF PUBLICATION
CITY OF CUPERTINO
NOTICE OF PUBLIC
HEARING
REORGANIZATION OF 10116
STERN AVENUE AND MINOR
AMENDMENT TO URBAN
SERVICE AREA AND SPHERE
OF INFLUENCE BETWEEN
SAN JOSE AND CUPERTINO
NOTICE IS HEREBY GIVEN
that at their regular meeting
of Monday, May 18, 1998,
the Cupertino City Council
will conduct a public hearing
to consider requesting the
Santa Clara County Local
Agency Formation
Commission (LAFCO) to con.
duct a reorganization of
10116 Stern Avenue (APN
375-12-010) which involves a
detachment from the City of
San Jose and an annexation
to the Fire Department of
Santa Clara County, and a
minor amendment of the
Urban Service Area (USA)
and Sphere of Influence (S01)
between the Cities of San
Jose and Cupertino to place
three residential properties
at 10092, 10104 and 10116
Stern Avenue (APNs 375.12.
043, -011, and 010) within the
city of Cupertinos USA/SOI.
Council meets at 6:45 p.m.,
City Hall Council Chamber,
10300 Torre Avenue,
Cupertino, California.
Interested parties are invit-
ed to attend and be heard.
If you wish to challenge the
City Council's action in court,
you may be limited to raising
only those issues you or
someone else raised at the
public hearing described in
this notice, or -in written cor-
respondence delivered to the
City of Cupertino City Hall at,
or.prior to, the public hearing.
/KIMBERLY SMITH/
CITY CLERK
CITY OF CUPERTINO
(Pub CC 05/66/08)
May 18, 1998 City of Cupertino Page 5
15.) Consider requesting the Santa Clara County Local Agency Formation Commission
/i (LAFCO) to take action regarding reorganization of 10116 Stern Avenue, and minor
amendments to the Urban Service Area and Sphere of Influence.
(a) Resolution No. 98-123: Request for Reorganization of 10116 Stern Avenue
which involves a detachment from the City of San Jose and an annexation to
the Fire Department of Santa Clara County.
(b) Resolution No. 98-124: Request for Minor Amendment to Urban Service
Area and Sphere of Influence.
Community Development Director Bob Cowan reviewed the staff report.
Ms. Catherine Thaler, 10116 Stern Avenue, said that she lived on the property in
question, which was a county pocket. She said there had been many times she had
difficulty in getting garbage service, etc. She explained that 911 calls are connected
to the nearest city which offers emergency service, so when she calls for emergency
service from her house, the fire truck comes from a San Jose fire station instead of
from a Cupertino station which is only blocks away. She asked that council approve
the reorganization of this property.
Burnett moved to adopt Resolution No. 98-123. Dean seconded and the motion
carried 5-0.
Burnett moved to adopt Resolution No. 98-124. Statton seconded and the motion
carried 5-0.
16. Consideration of appeal of Planning Commission decision regarding Application 3 -
ASA -98, SEM Architects, for the Shane Company — Request for approval to remodel
and re -landscape an existing building at 21255 Stevens Creek Boulevard in the Oaks
Shopping Center, including minor exterior modifications. (Council members Sandra
James and Don Burnett -appellants).
Community Development Director Bob Cowan reviewed the staff report and showed
the placement of additional windows and change in the size of the glass blocks,
which were suggested as a solution to the appeal of this item.
James said she had appealed this item because it is on a major intersection which is
very visible, and she felt it was important to maintain the architectural style of this
area. She had met with sheriffs representatives, city staff, and the project architect
about the architecture and the security measures, and the applicant has responded to
many of her concerns. Using larger glass blocks separated with wood is definitely a
better match for the early -California style of the area.
May 18, 1998 City of Cupertino Page 6
Burnett said that he would like better definition of the new plantings planned for the
east side of the building.
Mr. Timothy Stead, the architect for the project, showed where additional shrubs and
trees would be planted. He explained that the glass blocks, viewed from a distance,
will look like standard divided windows. He said that the applicant would agree to
add additional windows as proposed by the Planning Commission and as illustrated
on the plan under discussion tonight.
Statton said that he was concerned about setting a precedent, and asked why the
security features of this store are different from other jewelry stores.
Steve said that the Shane Company has fine tuned this approach over many years of
working with police departments. Cowan explained that Capt. Bob Wilson had been
concerned about the location of this particular building, since it is located near a
major freeway intersection. Most mall shops have their own the internal security, but
this is a freestanding building.
Burnett said that his concerns had been addressed.
James moved to deny the appeal, and approve the project per the modified plan in the
staff report, which includes three additional windows and additional landscaping.
The staff recommendation was to modify the Planning Commission's
recommendation by adding the following:
A. Replace 7"x8" glass block with 12"x12" glass block with wood framing
(refer to Exhibit B).
B. Add an additional window on the east elevation (Mary Avenue Frontage), in
addition to the new window required by the Planning Commission for a total
of two windows on the east elevation;
C. Add an additional window on the south elevation (Stevens Creek Boulevard).
D. Require an arborist report to define a plan to protect the oak trees which may
be affected by the new auto passenger drop-off area near the entrance.
17. Consideration of appeal of Planning Commission decision regarding Application 4-
1-98, Daryn Lau — Request for a use permit to extend business hours to 2:00 a.m. at
an existing restaurant location at 20950 Stevens Creek Boulevard (formerly the Al
Castello restaurant). (Council member Don Burnett -appellant)
Burnett said he appealed this item because the city has consistently tried to protect
residents from late night noise. He said he felt comfortable with a closing time of
11:00 p.m. The Community Development Director showed a chart illustrating other
businesses along Stevens Creek Blvd. which showed how late they stayed open for
food service. The other restaurants that stay open until midnight are separated from
the neighborhood by a significant sound wall. However, a sound wall on this site is
Ctq.)ertinO
AGENDA NO. S
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
I1-A-C-(-408-)-77T:-3-3-3-3—
Community
-)77 =3333 -------
Community Development Department
SUMMARY
AGENDA DATE May 18 1998
SUMMARY:
REQUEST for City Council Resolutions petitioning the Santa Clara County Local
Agency Formation Commission to take certain actions as described below:
1) Reorganize one single-family residential property at 10116 Stern Avenue by
detaching it from the City of San Jose and annexing it to the Fire Department
of Santa Clara County.
2) Amend the Urban Service Area (USA) and Sphere of Influence (SOI)
boundaries between the Cities of Cupertino and San Jose to definitely place
three single-family residential properties located at 10092, 10104 and 10116
Stern Avenue into the Cupertino Sphere of Influence and Urban Service Area.
BACKGROUND:
When a City conducts actions close to the boundaries of another city, in this case the City
of San Jose, there are sometimes discrepancies in the mapped boundaries, depending on
which jurisdiction's maps are being used. To resolve or clean-up these boundary
discrepancies, Local Agency Formation Commission (LAFCO) action may be needed.
LAFCO is a county -level government body authorized to change boundaries between
govermnent jurisdictions, merge or dissolve special districts and other activities involving
the reorganization of government jurisdictions.
Staff has found one discrepancy in the jurisdictional boundaries between Cupertino and
San Jose that requires LAFCO action. It involves three abutting single-family residential
lots on Stern Avenue- one is annexed to San Jose, the other two are unincorporated.
Cupertino and San Jose staffs disagree on the location of the Urban Service Area and
Sphere of Influence boundaries with respect to these three properties (Exhibits A & I3).
Since Cupertino intends to prezone and annex all of the single-family residential
properties in Rancho Rinconada, it makes sense for the City to provide municipal
services and land use/regulation authority for these three properties as well. The
/S �/
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alternative would be to leave an unincorporated island of two properties and a single,
stand alone, single-family residential property in San Jose.
Staff has talked to San Jose planning staff who have connnlunicated witll San ,lose
Council member Trlxic Johnson who represents District 1 where these properties are
located. They are in agreement with Cupertino staff that these properties shoulcl be
placed within the jurisdiction of Cupertino (See Exhibit C). Staff expects a letter from
San Jose agreeing to this boundary adjustment. The issue was presented to the Planning
Commission on April 22, 1998 during the Rancho Rinconada prezoning hearing. Tile
Commission adopted a minute order (Resolution No. 4917) recommending a prezoning
of RI -5 for all three lots once the boundary was clarified and placed in Cupertino's
jurisdiction.
LAFCO requires the affected city to take a formal position on the matter before it will
review and approve it. The properties would be placed in the unincorporated area and the
City would subsequently prezone and annex them. Most likely these actions will follow
after the prezoning and annexation of the rest of Rancho Rinconada.
RECOMMENDATION:
It is recommended that the City Council adopt separate resolutions, petitioning the Santa
Clara County Local Agency Formation Commission to take the following actions:
1) Reorganize one single-family residential property at 10116 Stern Avenue by
detaching it from the City of San Jose and annexing it to the Fire Department
of Santa Clara County.
2) Amend the Urban Service Area (USA) and Sphere of Influence (SOI)
boundaries between the Cities of Cupertino and San Jose to definitely place
three single-family residential properties located at 10092, 10104 and 10116
Stern Avenue into the Cupertino Sphere of Influence and Urban Service Area.
Enclosures:
City Council Resolution No. 98-123
City Council Resolution No. 98-124
Exhibit A: Urban Service Area/Sphere of Influence Study Map - Cupertino Version
Exhibit B: Urban Service Area/Sphere of Influence Study Map - San Jose Version
Exhibit C: Urban Service Area/Sphere of Influence Study Map - Proposed Cupertino &
San Jose Version
Submit�t..ed by:
A
Robert S. Cowan
Director of Community Development
G
: p l an n i ng/pdreport/cc/I afco
Approved by:
Don Browll
City Manager
2
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City of Santa Clara
a
Loree Ave.
m
Uln
incrn
ns Creek Blvd.
City of San Jose'
i
Exhibit A
City of Cupertino
Urban Service Area & Sphere of Influence Study Map Version
1111111111 San Jose City Limits A APN: 375-12-010 Thaler Residence
B APN: 375-12-011 Sung Residence
Cupertino City Limits C APN: 375-12-043 Kelley Residence
------- San Jose & Cupertino Urban Service Area/ Sphere of Influence Boundary
Santa Clara City Limit, Urban Service Area & Sphere of Influence Boundaries
N K�--3
Exhibit B
Loree Ave.
Urban Service Area & Sphere of Influence Study Map City of San Jose Versior,
I"I�IIIII San Jose City Limits A APN: 375-12-010 Thaler Residence
B APN: 375-12-011 Sung Residence
Cupertino City Limits C APN: 375-12-043 Kelley Residence
------- San Jose & Cupertino Urban Service Area/ Sphere of Influence Boundary
111"""""""' Santa Clara City Limit, Urban Service Area & Sphere of Influence Boundaries
EXHIBIT C
City of Santa Clara
nnm11ju,u,u,u ................. I .............. Stevens Creek Blvd.
7JoseCity of Sa
I
' II B ' I
L
' I 1
Deannex from San Jose & annex
to Cupertino at a future date. I
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Loree Ave. m
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at d A a
Proposed Cupertino &
Urban Service Area & Sphere of Influence Study Map San'Jose' Version`.
IIIIIII��, San Jose City Limits A APN: 375-12-010 Thaler Residence
B APN: 375-12-011 Sung Residence
Cupertino City Limits C APN: 375-12-043 Kelley Residence
- - - - - - - San Jose & Cupertino Urban Service Area/ Sphere of Influence Boundary
111"""""""' Santa Clara City Limit, Urban Service Area & Sphere of Influence Boundaries
RES0LUTI0N NO. 98-123
A RESOLUTION OF THE CITY COUNCIL 0I-"' -'E' Cl'l'Y 01 CUPERTINO PETITIONING
TILE SANTA CLARA COUNTY LOCAL AGENCY FORMATION TO APPROVE A
REORGANIZATION OF TERRITORY, KNOWN AS 10116 STERN AVENUE AND
DESIGNATED "STERN AVENUE DE -ANNEXATION" WI-IICI-1 INVOLVES A
DETACHMENT FROM THE CITY OF SAN JOSE AND ANNEXATION •T'O TI -IE Il RE
DEPARTMENT OF SANTA CLARA COUN'T'Y PURSUAN'I' TO "fl -IE COIL'1'ESE-1<NOX
LOCAL GOVERNMENT REORGANIZATION ACT O1" 1985.
WHEREAS, the City OI Cllpel'tlllo Is proceeding with the pre-zolllll" and annexation of
an inhabited, unincorporated island commonly ]crown as Rancho Ria; and
WHEREAS, the City of Cupertino has found discrepancies i
and n the boundaries between (Ile
Cities of Cupertino and Sall Jose that do not allow 101' logical and clllClent Illlllllclpal Services;
WHEREAS, the City of Cupertino clesires to adjust the boundary of incorporation of,
City of San Jose to provide a more logical and efficlellt 1111-1111C►pal service boundary (othe
r both
cities; and
WI-IEREAS, Local Agency Forillat1011 Colllllllssl0n approval is necessary to reorganize
10116 Stern Avenue, detaching it frons the City ol'San Jose and annex111g 1t to the lire
Department of Santa Clara County as shown in the legal cicscl-iption labeled Exhibit "A" and
neap labeled "B"; and
WHEREAS, such Local Agency Formation Commission action will Iacililate the
subsequent pre -zoning and annexation of said property to the City of Cupertino; and
WHEREAS, the City of Cupertino is currently seeking written agrcclllcllt (i'om the City
of San Jose for said actions.
NOW, THEREFORE, BE IT RESOLVl-`D, the City Council ol'the City of Cupertino
on Conu111 Cit t0 approve l
hereby petitions the Santa Clara County Local Agency formati
reorganization of territory, known as 10116 Stern Avenue, and designated as "Stern AVCI1LIC De -
annexation" in attached Exhibits A & B; and furtllel'11101-C requests that the Santa Clara County
Local Agency Formation Commission to act as lead agency the purposes Of ell VIr0I1171Clllal
review ofthis project.
Resolution No. 98-123
Page 2
May 18, 1998
PASSED AND ADOPTED at a regular meeting of the City Council ol'the City OI�Cupertirio this
18"' Day of May, 1998, by the following roll call vote:
Vote Members Of the City COUnCil
AYES: BURNETT, DEAN, JAMES, SATTON, CHANG
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ATTEST:
J
ITY CLERK
APPROVED BY:
is
MAYOR, CITY 01., CGI RT
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RESOLUTION NO. 98-124
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
PETITIONING THE SANTA CLARA COUNTY LOCAL AGENCY FORMATION
COMMISSION TO AMEND THE SPHERE OF INFLUENCE AND URBAN SERVICE
AREA BOUNDARIES BETWEEN THE CITIES OF CUPERTINO AND SAN JOSE
BY DEFINITELY PLACING TERRITORY LOCATED AT 10092, 10104 AND101 16
STERN AVENUE INTO THE CUPERTINO SPHERE OF INFLUENCE AND URBAN
SERVICE AREA
WHEREAS, the City of Cupertino is proceeding with the pre -zoning and
annexation of an inhabited, unincorporated island commonly known as Rancho
Rinconada; and
WHEREAS, the City of Cupertino has found discrepancies in the boundaries
between the Cities of Cupertino and San Jose that do not allow for logical and efficient
municipal services; and
WHEREAS, the City of Cupertino desires to adjust the Sphere of Influence and
Urban Service Area boundary between the cities of Cupertino and San .lose to provide a
more logical and efficient municipal service boundary for both cities; and
WHEREAS, Local Agency Formation Commission approval is necessary to
amend the Sphere of Influence and Urban Service Area boundaries as shown in the
Exhibit "A"; and
WHEREAS, such Local Agency Formation Commission action will facilitate the
subsequent pre -zoning and annexation of said properties to the City of Cupertino; and
WHEREAS, the City of Cupertino is currently seeking written agreement from
the City of San Jose for said actions.
�C_/o
Resolution No. 98-124
Pabc 2
May
PASSED AND ADOPTED at a regular mcetinl; of the City Council of the City oI'
Cupertino this 18'x' Day of May, 1998, by the following roll call vote:
Vote Members of the City coulicil
AYES: BURNETT, DEAN,JAMES,
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ATTEST:
CITY CLERIC��,,,
STATTON, CHANG
APPROVI-'D BY:
MAYOR, CITY O C1JP R'1'IN0
3
City of Santa Clara
.......II
11111.... L41{�gllHl}UIIIIIIIIIUUUUUIIIII111
Deannex from San Jose & annex
to Cupertino at a future date.
I -
�tia
ai� pt
a a
Loree Ave.
.. � n
a�
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CO .r
inc rpo atoll --LA
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ns Creek Blvd.
City of San Jose
eel
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Exhibit A
Proposed Cupertino
Urban Service Area & Sphere of Influence Study Map San Jose Version
IIIIIIIIIISan Jose City Limits A APN: 375-12-010 Thaler Residence
B APN: 375-12-011 Sung Residence
Cupertino City Limits C APN: 375-12-043 Kelley Residence
------ San Jose & Cupertino Urban Service Area/ Sphere of Influence Boundary
1111111111111111111 Santa Clara City Limit, Urban Service Area & Sphere of Influence Boundaries