Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Annex 00-03 - Upland Way Resos 00-165 and 00-204
Please 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 a0-©ts Doc#: 15378331 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. 00-204 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: Upland Way 00-03 (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. r , Dated: Attachments: City Resolution Legal Description Map Neelima;Palacherla, Executive Director Santa Clara County Local Agency Formation Commission GROSS AREA; 2.836 acres of land, more or less. APN: 366-03-11 NOTE: This Plat Map is based on record information and does not represent a field survey. See the map of Tract No. 492 filed in Book 18 of Maps at Pages 4 & 5, Records of Santa Clara County, Colifomia. Boundary line of proposed annexattion —Existing city limits line BUBB N0. 2 0 U_ �D O Ex. City limit line of Cupertino as estoblishe 3 by annexation entitled o "BUBB NO. 2" CIO o z o C6 (tot. o / 0 52.70'z J 2 C) — v o• C7 NN V' _b a 30• o 0 o � o Cz H S ITE LOCATION MAP no scale N 90.00'00' E 340,00' O I o o 0 LOT 4`° I o z 90'00'00' E 340.00' LOT 5 Ex. City limit line of Cupertino as established 0 " - by annexation entitled NN O "UPLAND WAY 86-02" o S 90'00'00' E 336.84' Jy g s_ -- -- �� P. LOT 8 1 11631 Upland Way LOT 6 �s G �� 6S. Ooo• C4 N 90'00'00' W 140.66' N 90'00'00' W 265.00' WAY M Ex. City limit line of - 0 Cupertino as established by annexation entitled O "UPLAND WAY 90-05" S CURVE TABLE CURVE LENGTH RADIUS DELTA C1 78.54 50.00 90'00'00' C2 100,36 230.00 25,00,00, C3 128.55 171.36 42.59'00' C4 74.18 170.00 25'00'00' C5 83.54 111.36 42°59'00' C6 tot. 228.49 105.00 124' 1'0 C7 97.93 45.00 124'41'00' C8 91,70 370,00 14'12'00' C9 106,57 430,00 14'12'00' CIO CIO(REG) 186.45 (186,47) 105,00 (105.00) 101°44'35' (101'45'001) C11 42.04 105,00 2256'25' Cil(REC) j (42.02)1 (105.00) (22'56'001) C2 PARCEL B 504 M. 44 RUBEN BEJARANO P.L.S. 5841 EXPIRES: 12-31-00 10755 PORTER LANE SAN JOSE, CA 95127 (408) 272-2973 \_AND SU . �� 8 EZq9 ••G�� .Q No. 5841 .': Exp. �z si p ' $t Q` r ��qlf ...... DF CAUF���\ N 90'00'00' W 190.66' PARCEL C 165 M. 37 CT ROAD w 0 z Q q D EXHIBIT B PROPOSED ANNEXATION TO TH E CITY OF CUPERTINO ENTITLED UPLAND WAY 00-03 DATE: 3/11/2000 SCALE: 1' = 100' REVISED DATE: 5/8/2000 EXHIBIT A UPLAND WAY 00-03 All of that certain parcel of land situated in the County of Santa Clara, State of California, and described as follows: Being all of LOT 6 and a portion of UPLAND WAY as said LOT and WAY are shown on that certain map entitled "TRACT NO. 492 — MARQUETTE HEIGHTS SUBDIVISION — Portion of the NW '/4 of Section 26, T.7S.,.R.2W.", filed in Book 18 of Maps at Pages 4 & 5, Records of Santa Clara County California, and more particularly described as follows: Beginning at the northeast corner of said LOT 6 and said corner being on the west line of that certain annexation to the City of Cupertino entitled "UPLAND WAY 86-02"5- Thence 6-02";Thence southerly along the said westerly line of the said annexation ("UPLAND WAY 86-02") SOUTH 180.00 feet to the southerly line of UPLAND WAY (60 foot street); Thence westerly along said southerly line West 190.66 feet to the beginning of a curve; Thence along said curve concave northerly with a radius of 230 feet through a central angle of 25000'00" and an arc length of 100.36 feet to a point of compound curvature; Thence along said compound curve concave northeasterly with a radius of 171.36 feet through a central angle of 42°59'00" and an arc length of 128.55 feet to the point of tangency; Thence North 22°01'00" West 135.98 feet to the beginning of a tangent curve; Thence along said curve concave southerly with a radius of 45.00 feet through a central angle of 124041'00" and an arc length of 97.93 feet to the point of tangency; Thence South 33°18'00" West 80.86 feet to the beginning of a curve; Thence along said curve concave southeasterly with a radius of 370.00 feet through a central angle of 14°12'00" and an arc length of 91.70 feet to the most northerly corner of LOT 9 of said TRACT NO. 492 and said corner also being on the line of that certain annexation to the City of Cupertino entitled "UPLAND WAY 90-05"; Thence westerly along the easterly line of said "UPLAND WAY 90-05" North 70°54'00" West 60.00 feet to the sideline of said Upland Way and to the most northerly corner of said "UPLAND WAY 90-05" and also to the easterly annexation line of "BUBB NO. 211; Thence along the said easterly line of "BUBB NO. 211 the following three (3) described courses: 1. Thence along a curve concave easterly from a tangent that bears North 19°06'00" East with a radius of 430.00 feet through a central angle of 14012'00" and an arc length of 106.57 feet 2. Thence North 33°18'00" East 80.86 feet to the beginning of a curve, 3. Thence along said curve concave southerly with a radius of 105.00 feet through a central angle 101°44'35" (101°45'00" per TRACT NO. 492) and an arc length of 186.45 feet (186.47 feet per TRACT NO. 492) to the most westerly corner of LOT 5 and said corner being on the northerly line of UPLAND WAY as said LOT and WAY are shown on the said map of TRACT NO. 492 Thence leaving the said `BUBB NO. 2" annexation and along the northeasterly line of UPLAND WAY and along a curve concave southwesterly from a tangent that bears South 44°57'25" East with a radius 105.00 feet through a central angle of 22°56'25" (22°56'00" per TRACT NO. 4920 and an arc length of 42.04 feet (42.02 feet per TRACT NO. 492) to a point of tangency; Thence southerly along the easterly line of said UPLAND WAY South 22°01'00" East 87.56 feet (87.55 feet per TRACT NO. 492) to the corner common to LOTS 5 & 6 of said TRACT NO. 492; Thence easterly along the northerly line of said LOT 6 EAST 336.83 feet (336.84 feet per TRACT NO. 492) to the westerly line of "UPLAND WAY 86-02" and to the point of beginning. Containing 2.836 acres of land, more or less. APN: 366-03-11 Date of Revision: May 6, 2000 uplandway00-03 \-NN0 S6,. No. 5 41 �: *'t Exp. 213�i VI �Tql£ OF CAUF���P Ctn CWC) RESOLUTION 00-204 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED "UPLAND WAY 00-03", APPROXIMATELY 2.836 ACRES LOCATED ON THE WEST SIDE OF UPLAND WAY BETWEEN RAINBOW DRIVE AND UPLAND WAY; WANG (APN 366-03-011) WHEREAS, a petition for the annexation of certain territory to the City of Cupertino in the County of Santa Clara consisting of 2.836+ acres on the west side of Upland Way (APN 366-03-011) has been filed by property owner Roger and Annie Wang; and WHEREAS, on June 5, 2000, the City Council adopted Resolution No. 00-165 initiating proceedings for annexation of the area designated "Upland Way 00-03"; 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"; That the following findings are made by the City Council of the City of Cupertino: a. That said territory is uninhabited and comprises approximately 2.836 acres. 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 00-204 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 July 17, 1995, enacted an ordinance prezoning the subject territory to City of Cupertino Pre RHS -40 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. 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 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 00-204 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. 00-165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA DESIGNATED "UPLAND WAY 00-03", PROPERTY LOCATED ON THE WEST SIDE OF UPLAND WAY BETWEEN RAINBOW DRIVE AND UPLAND WAY; APPROXIMATELY 2.836 ACRES, WANG (APN 366-03-011) WHEREAS, the City Council of the City of Cupertino has received a request for annexation of territory designated "Upland Way 00-03" from property owners, Roger and Annie Wang; and WHEREAS, the property, 2.836+ acres on the west side of Upland Way between Rainbow Drive and Upland Way (APN 366-03-011) 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 July 17, 1995, to City of Cupertino Pre RHS -40 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 "Upland Way 00-03" and detachment from the Santa Clara County Lighting Service District at their regular meeting of July 17, 2000. Resolution No. 00-165 Page 2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5 I day of June, 2000, by the following vote: - Vote Members of the City Council AYES: Burnett, Chang, James, Lowenthal, Statton NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/Kimberly Smith /s/John Statton City Clerk Mayor, City of Cupertino EXHIBIT A UPLAND WAY 00-03 All of that certain parcel of land situated in the County of Santa Clara, State of California, and described as follows: Being all of LOT 6 and a portion of UPLAND WAY as said LOT and WAY are shown on that certain map entitled "TRACT NO. 492 — MARQUETTE HEIGHTS SUBDIVISION — Portion of the NW '/4 of Section 26, T.7S.,.R.2W.", filed in Book 18 of Maps at Pages 4 & 5, Records of Santa Clara County California, and more particularly described as follows: Beginning at the northeast corner of said LOT 6 and said corner being on the west line of that certain annexation to the City of Cupertino entitled "UPLAND WAY 86-0211; Thence southerly along the said westerly line of the said annexation ("UPLAND WAY 86-02") SOUTH 180.00 feet to the southerly line of UPLAND WAY (60 foot street); Thence westerly along said southerly line West 190.66 feet to the beginning of a curve; Thence along said curve concave northerly with a radius of 230 feet through a central angle of 25°00'00" and an arc length of 100.36 feet to a point of compound curvature; Thence along said compound curve concave northeasterly with a radius of 171.36 feet through a central angle of 42°59'00" and an arc length of 128.55 feet to the point of tangency; Thence North 22°01'00" West 135.98 feet to the beginning of a tangent curve; Thence along said curve concave southerly with a radius of 45.00 feet through a central angle of 124°41'00" and an arc length of 97.93 feet to the point of tangency; Thence South 33°18'00" West 80.86 feet to the beginning of a curve; Thence along said curve concave southeasterly with a radius of 370.00 feet through a central angle of 14°12'00" and an arc length of 91.70 feet to the most northerly corner of LOT 9 of said TRACT NO. 492 and said corner also being on the line of that certain annexation to the City of Cupertino entitled "UPLAND WAY 90-05"; Thence westerly along the easterly line of said "UPLAND WAY 90-05" North 70°54'00" West 60.00 feet to the sideline of said Upland Way and to the most northerly corner of said "UPLAND WAY 90-05" and also to the easterly annexation line of "BUBB NO. 2"; Thence along the said easterly line of "BUBB NO. 2" the following three (3) described courses: 1. Thence along a curve concave easterly from a tangent that bears North 19°06'00" East with a radius of 430.00 feet through a central angle of 14°12'00" and an arc length of 106.57 feet 2. Thence North 33°18'00" East 80.86 feet to the beginning of a curve, 3. Thence along said curve concave southerly with a radius of 105.00 feet through a central angle 101'44'35" (101'45'00" per TRACT NO. 492) and an arc length of 186.45 feet (186.47 feet per TRACT NO. 492) to the most westerly corner of LOT 5 and said corner being on the northerly line of UPLAND WAY as said LOT and WAY are shown on the said map of TRACT NO. 492 Thence leaving the said "BUBB NO. 2" annexation and along the northeasterly line of UPLAND WAY and along a curve concave southwesterly from a tangent that bears South 44°57'25" East with a radius 105.00 feet through a central angle of 22°56'25" (22056'00" per TRACT NO. 4920 and an arc length of 42.04 feet (42.02 feet per TRACT NO. 492) to a point of tangency; Thence southerly along the easterly line of said UPLAND WAY South 22°01'00" East 87.56 feet (87.55 feet per TRACT NO. 492) to the corner common to LOTS 5 & 6 of said TRACT NO. 492; Thence easterly along the northerly line of said LOT 6 EAST 336.83 feet (336.84 feet per TRACT NO. 492) to the westerly line of "UPLAND WAY 86-02" and to the point of beginning. Containing 2.836 acres of land, more or less. APN: 366-03-11 Date of Revision: May 6, 2000 uplandway00-03 \-A N D S�9 No. 5§41, *' Exp. �Z 3i occ* �lglF OF ... • CAL 1FD��P Qn C t,0 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: UPLAND WAY 00-03 Situs Address 11631 Upland Way and consists of. X annexation to CITY OF CUPERTINO X detachment from Santa Clara County Lighting Service Assessment District of 2.836 acres on the west side of Upland Way (Street/Avenue) between Rainbow Drive (Street/Avenue) and Upland Way (Street/Avenue) and (if applicable) annexation detaclunent 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 territoiy(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 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: CHIEF PETITIONERS (not to exceed three) Signatures of Petitioners (Please rint Street Address Assessor's Election name below) City/State/Zip Parcel No. * or Precinct No. * * sof CI'e 3 SU yolrz&� - (Sig here) Date: Phone: ( (Sign here) Date: zo37 s cr�� 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: Annexation to Detachment from UPLAND WAY 00-03 CITY OF CUPERTINO (City or Spec. 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 July 17, 1995 ( 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 2.836 2. Number of inhabitants 5 3. Number of registered voters 4 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 RUR -40- 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. New 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 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 Central Fire Protection 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 Roger Wang 20375 Stevens Creels Blvd (408) 366-6030 366-03-011 S31,229 Cupertino, CA 95014 Annie Wang same as above *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) Roger- Wang 20375 Stevens Creek Blvd Annie Wang 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 ame person co pleting this CUPERTINO, CA 95014 icati a (Sign e) (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/detaclunent/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 Section 56839, the City will make determinations on this proposal without notice or hearing. Date: City Clerk City of Cupertino (Seal) a. Owners of land within the proposed armexation/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 Naive 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 ORDINANCE NO. 1691 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING A CHANGE OF ZONE DESIGNATION FOR 2.67 NET ACRES ON UPLAND WAY, SPECIFICALLY APN: 366-03-009, 010, 011, FROM PER -RHS, PRE -ZONED RESIDENTIAL HILLSIDE, TO PRE - RHS -10, PRE -RHS -20 AND PRE -RHS -40, PRE -ZONED RESIDENTIAL HILLSIDE WITH A MINIMUM LOT SIZE OF 10,000 SQ. FT., 20,000 SQ. FT. AND 40,000 SQ. FT. SECTION I: FINDINGS WHEREAS, an application was filed by the City of Cupertino (5-Z-95) for the rezoning of property from PRE -RHS, Pre -Zoned Residential Hillside, to PRE -RHS -10, PRE -RHS -20, PRE -RHS - 40, Pre -Zoned Residential; and WHEREAS, upon due notice and after one public hearing the Planning Commission recommended to the City Council that the rezoning be granted; and WHEREAS, the properties to be rezoned are presently in PRE -RHS Pre -Zoned Residential Hillside and WHEREAS, a map of the subject property is attached hereto as Exhibit A as a proposed amendment to the Master Zoning Map of the City of Cupertino. NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: Section 1: That the property described in attached Exhibit "A" be and hereby is rezoned to list new zones; and that Exhibit "A" attached hereto is made part of the Master Zoning Map of the City of Cupertino. Section 2. This ordinance shall take effect and be in force thirty (30) days after its passage. INTRODUCED at a Regular Meeting of the City Council of the City of Cupertino this 19th day of June , 1995, and ENACTED at a Regular Meeting of the City Council of the City of Cupertino this 17th day of- July , 1995, by the following vote: Vote Members of the City Council AYES: Bautista, Burnett, Koppel, Sorensen, Dean NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Kimberly Smith City Clerk /s/ Wally Dean Mayor, City of Cupertino EXHIBIT A: ZONING PLAN' MAP Rezone: 2.67 Net Acres p Vrnrti: Pre -RHS d 7 0 To: Pre -RHS -10, RHS - 20, and Pre RHS 40 !R 0� kn ON CN I'll q^ tj ti my ti � v Scale: 1" = 100' c:\w Inword\misceIan\upIandzn RAINSoW DRIVE 366-v3- 007 4. W. , UPLAND NOTICE OF DETERMINATION 10 -EA -95 Application 5-Z-95 City of Cupertino 0034 � At their meeting of June 19, 1995, the City Council of the City of Cupertino conducted a public hearing for rezoning submitted by the City of Cupertino. The project is located at 11545, 11571, 11593, 11611 and 11631 Upland Way. The project is described as rezoning 5 parcels located on Upland Way from Pre -RHS to Pre -RHS -15 and Pre -RHS -40. The decision of the City Council was to approve said project. The Planning Commission by filing a Negative Declaration on this project on June 27, 1995 has determined that the project will not have a significant impact upon the environment and therefore, no Environmental Impact Report has been prepared. The Negative Declaration has been prepared pursuant to the provisions of State and City guidelines. A copy of said Negative Declaration is available in the Office of the City Clerk, 10300 Torre Avenue, Cupertino, California. ;1 Roberta Wolfe Deputy City Clerk City of Cupertino PO 7JUN 2 9 4J. ;ISL ? 9 199$ b 0N------___ THROUGH 1N THE 03 FiCE OF THE COUNTY CL ,iK ST£PhE,:t 11,1L0'JE, COJ'rTt' CEe?Iz BY DO. i Please return to City Clerk's Office 10300 Torre Avenue, Cupertino, CA 95014 RECORDING REQUESTED BY Financial Title Company AND WHEN RECORDED MAIL TO Name Roger Wang Street Annie Wang Address 11631 Upland Way city,state Cupertino, CA 95014 Zip order No. 20025854 -019 -LB DOCUMENT: 14973372 Titles: 1 / Pages: 2 Fees.... 10.00 Taxes... 1430.00 ■0014973372■ Cop i es. AMT PAID 1440.00 BRENDA DAVIS RDE # 004 SANTA CLARA COUNTY RECORDER 9/07/1999 Recorded at the request of 1:24 PM Credit Union SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED THE UNDERSIGNED GRANTOR(s) DECLARE(s) Documentary Transfer Tax is $1430.00 City of Cupertino or ❑ Unicorporated Area 0 computed on full value of interest or property conveyed, or City Conveyance Tax is $-0- ❑ full value less value of liens or encumbrances remaining at Parcel No. 366-03-011 the time of sale FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Ernest J. Brain, a widower hereby GRANT(s) to Roger Wang and Annie Wang, husband and wife as Joint Tenants the following real property: See Exhibit A attached hereto and made a part hereof. Dated: Amqust 6. 1999 STATE OF CALIFO COUNTY OF On / I before me, xj �! a Notary Public in and for said County and State, personally appeared S.S. Ernest J. Brain WITNESS my hand d 6ftici I seal. Signature (This area for official notorial seal) Name Street Address City 8 State - ----- personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same h u , "i, . t Lunda J. Bentson Cort�rt. #109'3317 his/her/their authorized capacity(ies) and that by his/her/their signature(s) on TArAY Pu" CA LWotm-, 0 the instrument the person(s), or the entity upon behalf of which the person(s),BADSTA CLARA COUNTY acted, executed the instrument. Oomm. Exp Jute 2, 2000 .i WITNESS my hand d 6ftici I seal. Signature (This area for official notorial seal) Name Street Address City 8 State