Annex 00-09 - San Fernando Ave Resos 00-247 and 00-268Please 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#: 15500974
12/20/2000 10:14 AM
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. 00-268 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: San Fernando Avenue 00-09 (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 November 6. 2000.
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
V' W'CZ414
NeaPalacherla, Executive Duector:
ra County Local Agency
Formation Commission
RESOLUTION NO. 00-268
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF
TERRITORY DESIGNATED "SAN FERNANDO AVENUE 00-09",
APPROXIMATELY 0.1704 ACRE LOCATED ON THE NORTH SIDE OF SAN
FERNANDO AVENUE BETWEEN BYRNE AVENUE AND ORANGE AVENUE; GU
AND ZHANG (APN 357-15-046)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.1704+ acre on the north side of
San Fernando Avenue (APN 357-15-046) has been filed by property owners Xiao-Bai
Gu and Peizhen Zhang; and
WHEREAS, on October 2, 2000, the City Council adopted Resolution No. 00-247
initiating proceedings for annexation of the area designated "San Fernando Avenue 00-
09"; 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:
1. That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated "San Fernando Avenue 00-09",
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. 1704
acre.
W
Resolution No. 00-26,. Page 2 9
j
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 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 Pre R1-8 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.
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.
2
Resolution No. 00-268
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 6"' day of November, 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
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EXHIBIT "All
ANNEXATION TO THE CITY
ENTITLED:
SAN FERNANDO AVE.
(XIAO BAI GU)
OF CUPERT I NO
All that certain real property situated in the County of Santa
Clara, State of California, being a portion of Section 108 of
"MAP OF SUBDIVISION 'A' MONTA VISTA", which map was recorded on
April 11, 1917 in Book "P" of Maps at page 20, Santa Clara County
Records, described as follows:
Beginning at the intersection of the Westerly line of the
herein described parcel with the Northerly line of San Fernando
Avenue, 40 feet wide, said point being the Southeasterly corner
of that certain annexation to the City of Cupertino, California,
entitled San Fernando Ave. 00-05;
Thence along the Westerly line of said parcel also being the
Easterly line of said San Fernando Ave. 00-05 annexation, North
148.42 feet;
Thence along the Northerly line of said parcel, also being
the Southerly line of the Almaden Ave. 96-15 annexation to said
City, East 50.00 feet to the Northeasterly corner of said parcel,
also being the most Northwesterly corner of the San Fernando Ave.
88-07 annexation to said City;
Thence along the Easterly line of said parcel also being the
Westerly line of said San Fernando Ave. 88-07 annexation, South
148.42 feet to the Northerly line of San Fernando Avenue;
Thence along said Northerly line, also being a Northerly
line of said San Fernando Ave. 88-07 annexation, West 50.00 feet
to the point of beginning.
Containing 0.1704 of an acre, more or less.
Date: August 3, 2000
APN: 357-15-046
Address: 21905 San Fernando Ave., Cupertino
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PROP05ED ANNEXATION
TO THE CIT`( OF CUPERTINO
ENTITLED.
SAN FERNANDO AVF.. 00-49
,41j( 0457-3, 2000
RESOLUTION NO. 00-247
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SETTING
DATE FOR CONSIDERATION OF REORGANIZATION OF AREA DESIGNATED
"SAN FERNANDO AVENUE 00-09", PROPERTY LOCATED ON THE NORTH SIDE
OF SAN FERNANDO AVENUE BETWEEN BYRNE AVENUE AND ORANGE
AVENUE; APPROXIMATELY 0.1704 ACRE, GU AND ZHANG (APN 357-15-046)
WHEREAS, the City Council of the City of Cupertino has received a request for
annexation of territory designated "San Fernando Avenue 00-09" from property owners, Xiao-
Bai Gu and Peizhen Zhang; and
WHEREAS, the property, 0.1704+ acre on the north side of San Fernando Avenue
between Byrne Avenue and Orange Avenue (APN 357-15-046) 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 Pre R1-8 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
"San Fernando Avenue 00-09" and detachment from the Santa Clara County Lighting Service
District at their regular meeting of November 6, 2000.
Resolution No. 00-247
Page 2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 2°d day of October, 2000, by the following vote:
Vote Members of the City Council
AYES: Burnett, Chang, James, Lowenthal, Statton
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
/s/Roberta Wolfe
Deputy City Clerk
APPROVED:
/s/John Statton
Mayor, City of Cupertino
2
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:
SAN FERNANDO AVE. 00-09
Situs Address 21905 San Fernando Avenue
and consists of:
X annexation to CITY OF CUPERTINO
X detachment from Santa Clara County Lighting Service Assessment District
of 0.1704 acres on the north side of
San Fernando 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, 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:
Signatures
of Petitioners
(Please print
name below)
(Sign here)
Date:rr�'—��
CHIEF PETITIONERS
(not to exceed three)
Street Address
City/State/Zip
Assessor's Election
Parcel No.* or Precinct No.**
219aS .5�-, 3 37._ IS- 0461
c Z--/,6 1p -o -e -f --, -/-
P h o n e:
r
Phone: (� — `/
Q _TZEIV Zlgiuo
(Sig here
Date: S — 14-2� Phone:
3_!S7-15 _046
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: SAN FERNANDO AVE. 00-09
Annexation
to CITY OF CUPERTINO
(City or Spec. District)
Detachment 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?)
and in compliance with CEQA, has:
(date)
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 0.1740
2. Number of inhabitants 3
3. Number of registered voters 0
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):
PrP R1 -R
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
tuiincorporated 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 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
Xiao-Bai Gu 21905 San Fernando Ave. (408) 255-4084 357-15-046 515,608
Cupertino, CA 95014
Peizhen Zhang 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
Naive City/State/Zip
(1) Xiao-Bai Gu 21905 San Fernando Avenue
Peizhen Zhang 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
Print name of person completing this
10300 TORRE AVENUE
CUPERTINO, CA 95014
Y1/1S XM)
(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 districts) 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 !..s (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,
/ &�—� (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
Name
than 100% consent applications.
Street Address
City/State/Zip
Name
(If additional space required, continue list on separate sheet and attach.)
Street Address
City/State/Zip
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.
Name
Street Address
City/State/Zip
Name
(If additional space required, continue list on separate sheet and attach.)
Suppl. Appl. -6
Street Address
City/State/Zip
RECORDING REQUESTED BY
-' ld Republic Title Carpany
ORDER# 497670-JEC
APN 357-15-046
:THEN RECORDED MAIL TO
r PEI= ZHANG & XIAO-BAI GUS
Name
Street 21905 San Fernando
Address Cupertino, CA 95014
city
State
01
DOCUMENT: 15165512
I�IIIh�ul�dnlh�IlVlhVh�nPV�V
Titles:l / Pages: 2
Fees.... 20.00
Taxes... 550.00
Copies..
AMT PAID 570.00
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Old Republic Title Company
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Grant Deed
iMontanent Preservation Fee is 510.00
The undersigned grantor(s) declare(s):
Documentary transfer tax is $ 550.00
........................................
( X) computed on full value of property conveyed, or
( ) computed on full value less value of liens and encumbrances remaining at time of sale.
( X) Unincorporated area: ( ) City of
....................................................................................................................................................
( ) Realty not sold.
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
EARL A. HARVEY, TRUSTEE OF THE HARVEY FAMILY "B" TRUST
RDE # 102
2/29/2000
8:00 AM
hereby GRANT(S) to PEIZHEN ZHANG and XIA.O-BAI GU, Wife and Husband, as joint tenants.
that property in Santa Clara County, State of California, described as:
* * * See "Exhibit All attached hereto and made a part hereof.
Mail Tax Statements to Grantee at address above
Date February 23, 2000
STATE OF CALIFORNIA
COUNTY OF Santa Clara
On February 23, 2000 before me, the
undersigned, a Notary Public in and for said State, personally appeared
Earl A. Harvey
p4�)Aft of ,J l"H (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 in
his/her/their authorized capacity(ics), and that by his/her/their signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS ffi ial seal.
Signature
Name: J. Cuneo—Daw
(typed or printed)
FPGIS-140 8/9\4—
EARL A. HARVEY,TSTE G
J. CUNEC-GAW
�< COMIM. #1212021
NOTARY PUBLIC -CALIFORNIA
v SANTA CLARA COUNTY Q
Comm. Expires Mar. 23, 2003
(This area for official notarial seal)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
EXHIBIT "A"
Order No. : 497670-JEC
The land referred to is situated in the State of California, County of Santa Clara,
in the unincorporated area, and is described as follows:
BEGINNING at the point of intersection of the centerline of San Fernando Avenue (40
feet wide) with the West line of Section 108 according to the Map hereinafter
referred to: thence East along the center line of San Fernando Avenue, 50 feet;
thence North and parallel with the West line of said Section 108, 168.42 feet to a
point that is distant South 160.82 feet from the center line of Almaden Avenue;
thence West and parallel with the center line of Almaden Avenue; thence West and
parallel with the center line of San Fernando Avenue 50 feet; thence South 168.42
feet to the point of beginning, being a portion of Section 108, as the same are so
designated and delineated on that certain map entitled "Map of Subdivision "A" Monte
Vista", as said Map was filed for record in the office of the Recorder of the County
of Santa Clara, State of California in Volume "P" of Maps, Page 20.
375-15-046
63079
nm/sc/bf
A 357-15-46
N/I