Annex 00-02 - Grenola Drive Resos 00-182 and 00-205Please 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#: 15378332
9/05/2000 2:56 PM
ENDORSED COPY
CERTIFICATE OF COMPLETION
I, Neelima Palacherla, Executive Director of the Santa Clara County Local Agency Formation
Commission, issue this Certificate of Completion pursuant to Government Code Sections 57200
and 57201.
I hereby certify that I have examined Resolution No. 00-205 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: Cupgrtino.
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: Grenola Drive 00-02 (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 reorganization is July 17, 2000.
I declare under penalty of perjury in the State of California that the foregoing is true and correct.
Dated:
Nee' a Palacherla, Executive Director
Santa Clara County Local Agency
Formation Commission
Attachments: City Resolution
Legal Description
Map
E
EXHIBIT "A"
ANNEXATION TO THE CITY OF CUPERTINO
ENTITLED:
GRENOLA DRIVE 00-02
All that certain real property situated in the County of Santa
Clara, State of California, being all of Lot 87 in Tract No. 682,
GARDEN GATE VILLAGE UNIT No. 2, a map of which was filed for
record on February 20, 1950 in Book 26 of Maps at page(s) 24 and
25, said lot being more particularly described as follows:
Beginning at the Northwesterly corner of said Lot on the
Southerly line of that certain annexation to the City of
Cupertino, California, entitled "STELLING PARK 65-611;
Thence along said Northerly line of said Lot also being the
southerly line of said annexation S89057'40"E 65.71 feet to an
angle point on the Northerly line of said Lot;
Thence along the Easterly line of said annexation of said City
N00003'55"W 0.70 feet to an angle point on the Northerly line of
said Lot;
Thence leaving said Easterly line of said annexation S890541E
9.29 feet to the most Northeasterly corner of said Lot;
Thence along the Easterly line thereof, South 125.53 feet to the
Southeasterly corner of said Lot on the Northerly line of Grenola
Drive, 60 feet in width;
Thence along said Northerly line of said Grenola Drive, West
75.00 feet to the Southwesterly corner of said Lot;
Thence along the Westerly line thereof, North 124.89 feet to the
point of beignning.
Containing 0.215 of an acre, more or less.
Date: February 25, 2000
APN: 326-28-009
Site Address: 21,095 Grenola Drive, Cupertino, CA
Revised: March 23, 2000
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RESOLUTION - 00-205
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING
DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY
DESIGNATED "GRENOLA DRIVE 00-02", APPROXIMATELY 0.215 ACRE LOCATED
ON THE NORTH SIDE OF GRENOLA DRIVE BETWEEN FLORA VISTA AVENUE AND
ANN ARBOR DRIVE; LIOU AND CHEN (APN 326-28-009)
WHEREAS, a petition for the annexation of certain territory to the City of Cupertino in
the County of Santa Clara consisting of 0.215+ acre on the north side of
Grenola Drive (APN 326-28-009) has been filed by property owners Ker -Chung Liou and Lih-
Yn Chen; and
WHEREAS, on June 19, 2000, the City Council adopted Resolution No. 00-182 initiating
proceedings for annexation of the area designated "Grenola Drive 00-02"; 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 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 "Upland Way 00-03", 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 0.215 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.
Resolution 00-205 Page 2
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 June 5, 2000, enacted an ordinance prezoning the subject
territory to City of Cupertino Pre R1-10 zone.
e. Annexation to the City of Cupertino will affect no changes in special districts.
£ 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.
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 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.
Resolution 00-205
Page 3
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 17th day of July, 2000, by the following vote:
Vote Members of the City Council
AYES:
Burnett, Chang, Lowenthal, James
NOES:
None
ABSENT:
Statton
ABSTAIN:
None
ATTEST:
/s/ Kimberly Smith
City Clerk
APPROVED:
/s/ Sandra James
Mayor Pro Tem, City of Cupertino
RESOLUTION NO. 00-182
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA
DESIGNATED "GRENOLA DRIVE 00-02", PROPERTY LOCATED ON THE
NORTH SIDE OF GRENOLA DRIVE BETWEEN FLORA VISTA AVENUE AND
ANN ARBOR DRIVE; APPROXIMATELY 0.215 ACRE, LIOU AND CHEN
(APN 326-28-009)
WHEREAS, the City Council of the City of Cupertino has received a request for
annexation of territory designated "Grenola Drive 00-02" from property owners, Ker -
Chung Liou and Lih-Yn Chen; and
WHEREAS, the property, 0.215+ acre on the north side of Grenola Drive
between Flora Vista Avenue and Ann Arbor Drive (APN 326-28-009) 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 5, 2000, to
City of Cupertino Pre R1-10 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 "Grenola Drive 00-02" and detachment from the Santa Clara County
Lighting Service District at their regular meeting of July 17, 2000.
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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:
GRENOLA DRIVE 00-02
Situs Address: 21095 Grenola Drive
and consists of:
X annexation to CITY OF CUPERTINO
X detachment from Santa Clara County Lighting Service Assessment District
of .215 acres on the north side of
Grenola Dr. (Street/Avenue)
between Flora Vista Ave. (Street/Avenue)
and Ann Arbor Dr. (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/are
7. It is desired that the proposed change of organization or reorganization be made subject to
the following terms and conditions:
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:
Signatures
of Petitioners
(Please EEilLt
name below)
(Sign here)
Date:
G;h-
CHIEF PETITIONERS
(not to exceed three)
Street Address
City/State/Zip
Assessor's Election
Parcel No.* or Precinct No.**
ksp► „ 326 �-2�K�y
Phone: (�
C sam (, yrs h f
(Sign here)
Date: a z 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 (408) 777-3354
10300 Torre Avenue
Cupertino, CA 95014
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:
Annexation
to
Detaclunent from
GRENOLA DRIVE 00-02
CITY OF CUPERTINO
(City or Spec. District)
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 June 5, 2000
( 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 .215
2. Number of inhabitants 4
3. Number of registered voters 2
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):
Pre RI -1f) _
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.
Construct single family dwelling.
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 aimexation/detaclunent/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 Cupertino Sanitary District
Fremont Union High School District Mid -Peninsula Open Space District
Foothill Community College 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. Parcel No. Value of Land
See
Petition
Ker -Chung Liou 11644 Oak Spring Ct. (408)996-0599 326-28-009 $16,937
Lih-Yn Chen Cupertino, CA 95014
*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) Mr. & Mrs. Ker -Chung Liou 11644 Oak Spring Ct.
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
CUPERTINO, CA 95014
(Dat )
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 ?,-- (number)
signatures above represent all of the owners of property included in this proposal. I FURTHER
CERTIFY that, pursuant to Government Code Sectionf ¢839, the City will make determinations
on this proposal without notice or hearing. /
Date:
City Clerk
l
(Seal)
City of Cupertino
a. Owners of land within the proposed annexation/detachinent/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 amiexation/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
FROM : JOHN LIOU PHONE NO. 408 9% 0599 Mar. 02 2000 04:27PM PS
` DOCUMENT: 15132878 Tit les:l / pages: 1
RECORDINQ REQUESTED BY;
Fidelity a0Fees, 7.00
`•owo 400707-L(+ Company -Cupertino Taxes. 671.00
This Order No. 04000707 43 L I
11111111111111111111111111111111
■eeislus7s• Cop i as. .
When Recorded Mail Document AMT PAID 678.00
and Tax Statement To:
Mr. and Mrs. Ker Chung Liou BRENDA DAVIS RDE #I 006
11844 Oak Spring Court SANTA CLARA COUNTY RECORDER 1/26/2000
Cupertino, CA 96014 Recorded at the request of 8:00 AM
Fidolity National Title Ins,
APN: 326-28-009 �\ GRANT DEED SPACE ABOVE THIS LIN£ FOR RECOROER'S USE
The undersigned grantors) declare(s)
Documentary tfansfer tax Is $671.00
y0 ( X ) computed on full value of property conveyed, or
( 1 computed on full value less value of liens or encumbrances remaining at time of sale,
I I Unincorporated Area City of Cupertino
`a FOR A VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, Frederick John Cler and Mary Ann
Cler, Husband and Wife as Joint Tenants
hereby GRANT(S) to Ker Chung Liou and Lih Yn Chen, Husband and Wife Joint tenants
the following described real property In the City of Cupertino
County of Santa Clara, State of California:
Lot 87, as shown on that certain Map entitled Tract No. 682 Garden Gate which Map was filed for record in the Office
of the Recorder of the County of Santa Clara, State of California, on February 20, 1950 in Book 26 of Maps at page
24 and 26. s)
DATED: January 19, 2000
STATE OF CALIFORNIA
COUNTY OF str
ON - 47 before me,
_ Dan t-.,; i1q 09-4') personally.a.Apeefe.d
r i
_ n r'_ ze
'ice a (or proved to me on the basis
of satisfactory evidence) to be the person(s) whose
name(s) is/are subscrlbed to the within Instrument and
acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(les), and that
by his/her/their signature(s) on the instrument the
Person(s), orentl pon behalf of which the
Person(s) act , executed he instrument.
Witne lai seal.
Signature
Frederick John
Mary An er
MAIL TAX STATEMENTS AS DIRECTED ABOVE
FO -213 (Rev 7/96) nPAMT horn