Annex 99-01 - Pasadena Ave Resos 99-107 and 99-141RESOLUTION NO. 99-141
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF
TERRITORY DESIGNATED "PASADENA AVENUE 99-01 ", APPROXIMATELY
0.298 ACRE LOCATED ON THE WEST SIDE OF PASADENA AVENUE
BETWEEN GRANADA AVENUE AND LOMITA AVENUE; DE AMICIS AND
ADAMO (APN 357-17-047)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.298 acre on the west side of
Pasadena Avenue (APN 357-17-047) has been filed by property owners Edith M.
DeAmicis and Doris Adamo; and
WHEREAS, on April 19, 1999, the City Council adopted Resolution No. 99-107
initiating proceedings for annexation of the area designated "Pasadena Avenue 99-01";
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
amlexation 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:
1. That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated "Pasadena Avenue 99-01", 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 0.298
acre.
Resolution No. 99-141 Page 2
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.
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 May 16, 1983, enacted an ordinance prezoning
the subject territory to City of Cupertino PR4.4-12 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.
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.
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.
in. 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 Cleric of the City Council of the City of Cupertino is directed to give
notice of said annexation as prescribed by law.
Resolution No. 99-141
Page 3
BE IT FURTHER RESOLVED that upon completion of these reorganization
proceedings the territory annexed will be detached from the Santa Clara County Lighting
Service District.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 17th day of May, 1999, by the following vote:
Vote Members of the City Council
AYES: Burnett, Chang, James, Statton, Dean
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
/s/ Kimberly Smith
City Cleric
APPROVED:
/s/ Wally Dean
Mayor, City of Cupertino
3
EXHIBIT A
ANNEXATION TO THE CITY OF CUPERTINO
PASADENA AVE. 99-01
JANUARY 1999
All that certain real property situate in the County of Santa Clara, State of California, more
particularly described as follows:
Beginning at Southeasterly corner of Lot M, at the point of intersection of the Westerly right of
way line of Pasadena Avenue with the Northerly right of way line of Lomita Avenue, as said
lot and Avenues are shown on that certain Map of the"Resubdivision of the Subdivision No. 1,
Town of Morita Vista," which map was filed for record in Vol. P of Maps at Page 24, Records
of Santa Clara County, said point being the Northwest corner of that certain annexation to the
City of Cupertino entitled "CUVA 72-4", and the Northwestern corner of that certain
annexation to the city of Cupertino entitled Orange Ave. 90-02, and the Southwestern corner of
that certain annexation to the City of Cupertino entitled Pasadena 70-02;
Thence North 89 Degrees 56 Minutes West, 130.00 feet, and North 100.00 feet along said
annexation entitled " Orange Ave. 90-02" to the Northwesterly corner of Lot L as shown on
said Resubdivision of the Subdivision No. 1, Town of Morita Vista";
Thence South 89 Degrees 56 Minutes East, 130.00 feet to the Northeastern corner of Lot M
and the westerly right of way line of Pasadena Avenue and the westerly boundary of said
annexation entitled "Pasadena 70-2";
Thence along the westerly boundary of annexation entitled "Pasadena 70-2", South 100.00 feet
to the Point of Beginning of this description.
Containing 13,000 square feet (0.298 acres).
A.P.N. 357-17-47
Revised 3/22/99
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PROPOSED ANNEXATION TO
THE CITY OF CUPERTINO
ENTITLED "PASADENA AVE. 99-01"
DATE: JANUARY 26, 1999 SCALE: 1" = 100'
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RESOLUTION NO. 99-107
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA
DESIGNATED "PASADENA AVENUE 99-01", PROPERTY LOCATED ON THE
WEST SIDE OF PASADENA AVENUE BETWEEN GRANADA AVENUE AND
LOMITA AVENUE; APPROXIMATELY 0.298 ACRE, DE AMICIS AND ADAMO
(APN 357-17-047)
WHEREAS, the City Council of the City of Cupertino has received a request for
annexation of territory designated "Pasadena Avenue 99-01" from property owners, Edith
M. DeAmicis and Doris Adamo; and
WHEREAS, the property, 0.298+ acrs on the west side of Pasadena Avenue
between Granada Avenue and. Lomita Avenue (APN 357-17-047) 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 May 16, 1983, to
City of Cupertino PR4.4-12 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
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 "Pasadena Avenue 99-01" and detachment from the Santa Clara
County Lighting Service District at their regular meeting of May 17, 1999.
Resolution No. 99-107
Page 2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 19t" day of April, 1999, by the following vote:
Vote Members of the City Council
AYES: Burnett, Chang, Statton, Dean
NOES: None
ABSENT: James
ABSTAIN: None
ATTEST: APPROVED:
/s/ Kimberly Smith
City Clerk
G: c i tycl erldroberta/res ol utions/99-107.rtf
/s/ Wally Dean
Mayor, City of Cupertino
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3249
PETITION
for proceedings pursuant to the
CORTESE-KNOX LOCAL GOVERNMENT 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 reorganizations, and stipulate(s) as follows:
1. This proposal is made pursuant to Part 3, Division 3, Title 5 of the California
Government Code (commencing with Section 56000, Cortese -Knox Local Government
Reorganization Act of 1985).
2. The proposed change of organization is designated as:
PASADENA AVE. 99-01
Situs Address: 10155 Pasadena Avenue
and consists of:
X annexation to CITY OF CUPERTINO
X detachment from Santa Clara County Lighting Service Assessment District
of 0.298 acres on the west
(n/s/e/w)
side of Pasadena Avenue
(Street/Avenue)
between Granada Avenue
(Street/Avenue)
and Lomita 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 the said territory(ies), marked Exhibit B,
are attached to this petition and by this reference incorporated herein.
4. 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).
Cupertino: Annexation Petition, page 2
6. The reason(s) for the proposed annexation.,�.- (annexation, detachment,
reorganization, etc.) is/ g • fh%G�! "'Iev
7. It is desired t at the proposed change of organization or reorganization be made subject to
the following terms and conditions: A/IA
8. The person(s) signing this petition has/have signed as (check one):
X 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:
CHIEF PETITIONERS
(not to exceed three)
Signatures
of Petitioners
(Please print Street Address
name below) City/State/Zip
(Sign here)
Date: % �� _ Phone:
(Si n here)
Date: ! _2r -9j Phone:
Assessor's Election
Parcel No.* or Precinct No.
3 51�)-/-) o4�7
* 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
SUPPLEMENTAL APPLICATION
FOR
MUNICIPAL AND/OR DISTRICT
CHANGE OF ORGANIZATION OR REORGANIZATION OF TERRITORY
This supplemental application must be completed in full and submitted with any petition to the
City for a change of organization (annexation or detachment) or reorganization (multiple
annexations an&or detachments) made pursuant to the Cortese -Knox Local Government
Reorganization Act of 1985 (Government Code Sect. 56000 et seq.)
PROPOSAL DESIGNATION
Annexation
to
Detaclmlent from
PASADENA AVE. 99-01
CITY OF CUPERTINO
(City or Spec. District)
SANTA CLARA COUNTY LIGATING
ASSESSMENT DISTRICT
ENVIRONMENTAL STATUS OF PROPOSAL
XX CITY OF CUPERTINO, as Lead Agency for environmental review of the project,
(Name of City/District)
has already prezoned the territory on May 16, 1983
( prezoned? other approval action?)
and in compliance with CEQA, has:
(date)
determined that the annexation is categorically exempt from provisions of CEQA
pursuant to Cal. Adan. Code Sec.
(cite class exemption section.)
XX 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 completed Environmental Information Form required by Planning staff is
attached to this application. (Planning staff phone: (408) 777-3308).
Proposal is categorically exempt form provisions of CEQA pursuant to Cal. Adm. Code
Sec. because
Suppl. Appl. 4-
CHARACTERISTICS OF THE AREA
1. Number of acres 0.298
2. Number of inhabitants 1
3. Number of registered voters 1
4. Number of dwelling units 1
5. a. What is the present use of the area (be brief, but specific):
Single Family Dwelling.
b. Indicate the parcel numbers of those parcels, if any, which are under contract under
provisions of the Williamson Act: N/A
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):
PR4.4-12
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.
Construction of two new single family residence as soon as possible.
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 aimexation create an island, corridor or strip of
unincorporated territory? YES NO X
If YES, answer the following questions:
a. Number of acres in the island, corridor or strip? (If more than one island
is being created, indicate the acreage of each island.)
b. Number of inhabitants?
c. Assessed value?
d. Land use and zoning in island, corridor or strip?
e. Describe present and proposed sewer and water services in island:
f. Does the proponent request waiver of restriction against creation of an island?
YES NO
If YES, explain why creation of an island is justified?
SERVICES
10. Is the territory proposed for annexation/detachment/reorganization in the City or District's
urban service area: YES X NO
11. If new development is proposed on the site, will this new development be permitted without
community sewage discharging into an existing sanitary sewer system and disposal plant?
YES NO X
If YES, what arrangements will be made to provide sewage disposal?
Suppl. Appl. -3-
12. Will the extension of sewerage and/or water services or the construction of any public
improvements to the affected territory be financed 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: $ /yr. for _yrs. $ /yr. for _yrs.
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 Elementary School District
Fremont Union High School District
Foothill Community College District
Cupertino Sanitary District
Mid -Peninsula Open Space District
County Lighting Service Assessment
LANDOWNERS AND REGISTERED VOTERS
14. Please provide the information requested below:
a. Owners of land* within the proposed annexation/detachment/reorganization 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. Dearing not required if 100% property owner consent is obtained.
Date (Print name below City/State/Zip Tel. No. Parcel No. Value of Land
See
Petition
Edith M. DeAmicis 1228 Flickinger Avenue (408) 729-1438 357-17-047 $19,667
Doris Adamo San Jose, CA 95131
*See next page
Suppl. Appl, -4-
* "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.
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 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) Sui Hwu 510 S. Mathilda Ave. 94
Versatile Construction Company Sunnyvale, CA 94086
(2) Jitka Cymbal 14583 Big Basin Way
Westfall Engineers, Inc. Saratoga, CA 95070
(3) Edith DeAmicis 1228 Flickinger Avenue
San Jose, CA 95131
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
(Print name of pecan. c
10300 TORRE AVENUE
pleting this CUPERTINO, CA 95014
711 C z�%
(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.
Suppl. Appl. -5-
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 7. (number)
signatures above represent all of the owners of property included in this proposal. I FURTHER
CERTIFY that, pursuant to Government Code Section 56839, the City will make determinations
on this proposal without notice or hearing.
Date: / — 2- 1 j `t 't'j-� �—/
ity Clerk ()-e-.p .l
(Seal)
City of Cupertino
a. Owners of land within the proposed annexation/detaclunent/reorganization 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 and attach.)
b. FOR NOT -100% CONSENT PROPOSALS, list all registered voters residing in the
territory proposed for annexation/detachment/reorganization 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.)
Suppl. Appl. -6
Order No.
Escrow No.
Loan No.
WHEN RECORDED MAIL T0:
John C. Chasuk
CHASUK 6 CHASUK
384 Castro St., P.O. Box 968
Mountain View, CA 94042
MAIL TAX STATEMENTS TO:
Mrs. Doris C. Adamo
20739 Sunrise Drive
Cupertino, CA.95014
L 782PAGE2006
REG FEE
RMF
MICP.O
F I !F:N
I �Nf-F
10155 Pasadena Avenue, Cupertino, CA
APN: 357-17-047
10970326
IA"L OUESTCOF U
ATTORNEI
,x,12 g 59 kn 191
011 IA, r:ECOROS
SANTA CLARA COUMTY-
tAUftlE RECORDER�
e►ACE ABOVE THIS LINE FOR RECORDER'S USE j
DOOLVAENTARY TRANSFER TAX •
._._ Compuens g.y.wt of prop.rty e«aeyw: OR
ad tfle w veto tm 1� a eneu.rlbrarloaa
Nis w w wmr*.»r.ma w — r irm rM
John C. auk, 7SUK & CH.ASUK
GRANT DE
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, EDITH M. DeAMICIS and
DORIS C. ADAMO, TRUSTEES OF THE ANGELA TUNESI REVOCABLE TRUST DATED
JANUARY 7, 1989,
hereby GRANT(S) to EDITH M. DeAMICIS, a single woman, as to an undivided one-
half (508) interest, and to DORIS C. ADAMO, a married woman, as her sole
and separate property, as to an undivided one-half (508) interest, as tenants
in common,
the real property in the City of unincorporated area
County of Santa Clara Stati of California, described as
ALL of Lots L and M in Block 4, as designated upon the Map of
the Resubdivision of Subdivision No. 1, "Town of Monta Vista,
which said Map is of record in the office of the County Recorder
of Santa Clara County, State of California, in Book "P" of Maps,
page 24, records of said County.
*This transfer is not subject to a conveyance tax nor is the property subject to
reappraisal as this transfer Is from parent to child and is exempt under the provisions
of California Revenue and Taxation Code Soction 63.1.
Dated March 15 1991
I
gp�tI 7 of CALIFORNu lea
MypF fiANTA CLARA I
orL
March 15, 1991
betora ma, ft underaieoad, S Notary Pubk M and nor seed State, per
aonalN. DeAMICIS and _
DORIS C. ADAMO
parmnaft kno m to me (or proved to me on Ow beele d erselaotory
wAdaree)b be the panoMW wha@a; nsm*W Mare eubeeri ed to n\e
aiMM tnalnenartl and *UvxwledQad to ala Intl MhtlaHery tl1aWled
VW tams
WME68 my
EDITH M. DeAMICIS, Trustee
roam c t
fID'►uP'f Ol/tC � C'
���Mal f,iMt
(This area for offt" rwtxl"1 coal)
am 3M MAIL TAX STATBAENTS AS DIRECTED ABOVE