Annex 99-05 - Almaden Ave Resos 99-153 and 99-196Please record without fee
(Govt. Code Sec. 6103)
COUNTY OF SANTA CLARA
CALIFORNIA
LOCAL AGENCY FORMATION
COMMISSION
County Government Center, East Wing
70 West Hedding Street, 10th Floor
San Jose, California 95110
(408)299-4321
Doc#: 14917161 05
7/28/1999 8:06 AM
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CERTIFICATE OF COMPLETION
I, Autumn H. Arias, Executive Director of the Santa Clara County Local Agency Formation
Commission, issue this Certificate of Completion pursuant to Government Code Sections 57200
and 57201.
1 hereby that I have examined the Resolution for a reorganization aiLached hereto and have
found this document to be in compliance with Government Code Section 56826 authorizing cities
within the County of Santa Clara to assume authority over certain changes in government
organization.
I hereby certify that I have examined the Resolution for a reorganization attached hereto and have
found this document to be in compliance with Government Code Section 56826 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 a REORGANIZATION which includes annexation to the
City of Cupertino and detachment from the Santa Clara County Lighting Service District. A map
and description of the boundaries of the change of organization is appended hereto.
The title of this proceeding is: Almaden Avenue 99-05 (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 reorganization is July 6,_1 9D.
I declare under penalty of perjury in the State of California that the foregoing is true and correct.
Dated:
Attachments: City Resolution
Legal Description
Map
Autumn H. Arias, Executive Director:
Santa Clara County Local Agency
Formation Commission
RESOLUTION NO. 99-196
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF
TERRITORY DESIGNATED "ALMADEN AVENUE 99-05", APPROXIMATELY
0.2088 ACRE LOCATED ON THE SOUTH SIDE OF ALMADEN AVENUE
BETEWEN BYRNE AVENUE AND ORANGE AVENUE; MAC HALE (APN 357-15-
029)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.2088 acre on the south side of
Almaden Avenue (APN 357-15-029) has been filed by property owners Richard and
Paula MacHale; and
WHEREAS, on June 7, 1999, the City Council adopted Resolution No. 99- 196
initiating proceedings for annexation of the area designated "Almaden Avenue 99- —
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:
That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated "Almaden Avenue 99-05", more
particularly described in Exhibit "A";
2. That the following findings are made by the City Council of tine City of
Cupertino:
Resolution No. 99-196
Page 2
a. That said territory is uninhabited and comprises approximately 0.2088
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 environ
and previously approved the granting of a Negative Declaration. ment,
d. The City Council on May 16, 1983, enacted an ordinance prezoning
the subject territory to City of Cupertino R1-7.5 zone.
e• Arulexation to the City of Cupertino will affect no changes in special
districts.
f That the territory is within tine city urban service area as adopted by the
Local Agency Formation Commission.
9. That the annexation is made subject to no terms and conditions.
1�• 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.
That the proposed annexation does not create islands or areas in which it
would be difficult to provide municipal services.
That the proposed amlexation does not split line of assessment of
ownership.
h• That the proposed annexation is consistent with the City's General Plan.
1 That tine 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.
That said annexation is hereby ordered without eleetion pursuant to Secti
et seq. of the Government Code. on 35151
Resolution No. 99-196
Page 3
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.
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 6"' day of July, 1999, by the following vote:
Vote Members of the City Council
AYES: BURNETT, CHANG, JAMES, STATTON, DEAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
APPROVED:
/S/KIMBERLY SMITH /S/WALLY DEAN
City Clerk Mayor, City of Cupertino
3
EXHIBIT "A"
ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA
ENTITLED:
"ALMADEN AVE. 99-05"
----------------------------------------------------------------
All that certain real property situated in the County of Santa
Clara, State of California, being a portion of Section/Lot 101 as
shown upon that certain Map entitled "MAP OF SUBDIVISION 'A'-
MONTA VISTA", which map was filed in Book "P" of Maps at Page 20,
Santa Clara County Records, more particularly described as
follows:
Beginning at the Southwesterly corner of said Section/Lot
101, said point also being the Northwesterly corner of that
certain annexation to the City of Cupertino entitled "San
Fernando Ave. 92-02";
Thence along the Westerly line of said Section/Lot, North
90.82 feet to a point on the southerly line of Almaden Avenue, 40
feet wide, said point also being a point on the Southerly line of
that certain annexation of said City entitled "Almaden 84-3";
Thence along said Southerly line of said Avenue and the
Southerly line of said "Almaden 84-3" annexation, East 100.15
feet to the intersection thereof with the Easterly line of said
Section/Lot 101;
1'i ne,
Thence leaving said Southerlykof said Avenue and the
Southerly line of said annexation, South 90.82 feet to the
Southeasterly corner of said Section/Lot;
Thence along the Southerly line thereof, West 50.15 feet to
the Northeasterly corner of the hereinabove referred to "San
Fernando Ave. 92-02" annexation;
Thence continue along the Southerly line of said Section/
Lot and the Northerly line of said "San Fernando Ave. 92-02"
annexation, West 50.00 feet to the point of beginning.
Containing 0.2088 of an acre, more or less. q4(�yys
Date: April 5, 1999. Revised: May 7, 1999
APN: 357-15-029 4' N14 e4e
Address: 21870 Almaden Ave., Cupertino_ '
Prepared by: E.J. Hahamian, RCE
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EXE//,B/ T "B"
PROPOSED ARKEXAT(Oh!
TO THE CITY OF CuPERTINp
'ALMADE N AVE. 99-0,5"
APN:357-15-OZ9
APRIL 5, 1999 SCALE: 1"=501
BY• E.3'HAHAMIAIq! R.C.E.
R EV'O: NA A`r 7, 1999
RESOLUTION NO. 99-153
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA
DESIGNATED "ALMADEN AVENUE 99-05", PROPERTY LOCATED ON THE
SOUTH SIDE OF ALMADEN AVENUE BETWEEN BYRNE AVENUE AND
ORANGE AVENUE; APPROXIMATELY 0.2088 ACRE, MAC HALE
(APN 357-15-029)
WHEREAS, the City Council of the City of Cupertino has received a request for
annexation of territory designated "Almaden Avenue 99-05" from property owners,
Richard and Paula MacHale; and
WHEREAS, the property, 0.2088+ acre on the south side Almaden Avenue
between Byrne Avenue and Orange Avenue (APN 357-15-029) 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 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
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
armexation 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 "Almaden Avenue 99-05" and detachment from the Santa Clara
County Lighting Service District at their regular meeting of July 6, 1999.
Resolution No. 99-153
Page 2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 7th day of June, 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 Clerk
APPROVED:
/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:
ALMADEN AVE. 99-05
Situs Address: 21870 Almaden Avenue
and consists of:
X annexation to CITY OF CUPERTINO
X detachment from Santa Clara County Lighting Service Assessment District
of 0.2088 acres on the south
(n/s/e/w)
side of Almaden Avenue
(Street/Avenue)
between Byrne Avenue
(Street/Avenue)
and Orange 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 -2-
7. It is desired that the proposed change of organization or reorganization be made subject to
the following terms and conditions: N/A
8. The person(s) signing this petition has/have signed as (check one):
X owners) 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:
Signatures
of Petitioners
(Please print
name below)
/
� _ r
CHIEF PETITIONERS
(not to exceed three)
Street Address
City/State/Zip
-9 JZ—
Phone:"(
ZPhone:( ) -
Assessor's Election
Parcel No.* or Precinct No.**
.357 /s oz '�
Z1,570 4 vc- � _-75J 45 0Z,%
Date: 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
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 and/or detachments) made pursuant to the Cortese -Knox Local Government
Reorganization Act of 1985 (Government Code Sect. 56000 et seq.)
PROPOSAL DESIGNATION: ALMADEN AVE. 99-05
Annexation
to
CITY OF CUPERTINO
(City or Spec. District)
Detaclunent from SANTA CLARA COUNTY LIGHTING
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?) (date)
and in compliance with CEQA, has:
determined that the annexation is categorically exempt from provisions of CEQA
pursuant to Cal. Adm. 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. -1-
CHARACTERISTICS OF THE AREA
1. Number of acres 0.2088
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):
R1-7.5
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 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 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?
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. Hearing not required if 100% property owner consent is obtained.
Date (Print name below City/State/Zip Tel. No
See
Petition
Richard MacHale 21870 Almaden Avenue
Paula MacHale Cupertino, CA 95014
*See next page
Suppl. Appl. -4-
Parcel No
357-15-029
Value of Land
$32,399
"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):
Name
(1) Martha Kang
Kelvin Kang
(2) Richard MacHale
Paula MacHale
Street Address
City/State/Zip
1060 West Hill Court
Cupertino, CA 95014
21870 Almaden Avenue
Cupertino, CA 95014
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 parne of person completing this CUPERTINO, CA 95014
atio
ao
c--,�
(Sig ure) (Date)
NOTE: It is a &neral 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 (number)
signatures above represent all of the owners of property included in this proposal. I FURTHER
CERTIFY that, pursuant to Government Code Secti839, the City will make determinations
on this proposal without notice or hearing.
Date:
�yyy
^r itv Clerk
(Seal)
City of Cupertino
a. Owners of land within the proposed annexation/detachment/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
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