Annex 00-12 - N. Stelling Rd Resos 01-100 and 01-129Please record without fee
(Govt. Code Sec. 6103)
LOCAL AGENCY FORMATION COMMISSION
SANTA CLARA COUNTY
www.santaclara.lafco.ca.gov
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SANTACLAu.AC0UN11'CLIERK-P,'EC-f0 DEit
County Government Center, 11'h Floor, East Wing '
70 West Hedding Street, San Jose, CA 95110, o.1,cn-1- t si�«+` A (408)299-3800 FAX 295-1613 !21
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Neelima Palacherla, Executive Officer
Doc# 15825275
CERTIFICATE OF COMPLETION 8/14/2001 2:24 PM
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. 01-129 for a reorganization attached hereto
and have found this document to be in compliance with Government Code Section 56757
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: N StelMh g Road 00-12 (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 June 18, 2001.
I declare under penalty of perjury in the State of California that the foregoing is true and correct.
Dated: 0 S d/,0/— /.44
Nea Palacherla, Executive Director
Santa Clara County Local Agency
Formation Commission
Attachment: City Resolution, Exhibits A (Legal description) and B (Map)
Commissioners: Blanca Alvarado, Donald F. Gage, Suzanne Jackson, Linda LeZotte, Susan Vicklund Wilson
Commission Secretary: (408) 299-4321
RESOLUTION NO. 01-129
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF
AREA DESIGNATED "N. STELLING ROAD 00-12", APPROXIMATELY 0.24 ACRE
LOCATED AT 10599 N. STELLING ROAD, ON THE WEST SIDE OF STELLING
ROAD BETWEEN GARDENA DRIVE AND GREENLEAF DRIVE; LIN -HAI NAN
(APN 326-08-053)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.24+ acre on the west side of
N. Stelling Road (APN 326-08-053) has been filed by property owner Lin-Hia Nan; and
WHEREAS, on May 7, 2001, the City Council adopted Resolution No. 01-100
initiating proceedings for annexation of the area designated "N. Stelling Road 00-12";
and
WHEREAS, said territory is uninhabited and all owners of land included in the
proposal consent to this annexation; and
WHEREAS, Section 56757 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 56757 of the Government
Code for the annexation of property designated "N. Stelling Road 00-12", more
particularly described in Exhibit "A";
2. That the following findings are made by the City Council of the City of
Cupertino:
Resolution No. 01-129 Page 2
a. That said territory is uninhabited and comprises approximately 0.24
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 environment,
and previously approved the granting of a Negative Declaration.
d. The City Council on May 7, 2001, enacted an ordinance prezoning the
subject territory to City of Cupertino Pre R1-10 zone.
C. 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 56837
et seq. of the Government Code.
r0)
Resolution No. 01-129 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 18' day of June, 2001, by the following vote:
Vote Members of the City Council
AYES: Burnett, Chang, James, Lowenthal
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
/s/ Kimberly Smith /s/ Sandra James
City Clerk Mayor, City of Cupertino
Tib TCO CYERTIFIC THAT THE WITI IN'
INSTRUMENT IS ATRUE AND CORRECT COPY
OF THE ORIGINAL ON FILE IN THIS OFFICE.
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CITY CLERK OF THE CITY OF CUPERTINO
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1 CITY CLERK
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EXHIBIT "A"
ANNEXATION TO THE CITY OF CUPERTINO, CA
ENTITLED: N. STELLING RD. 00-12
All that certain real property situated in the County of Santa
Clara, State of California, being all of Lot 9 of Tract No. 631,
GARDEN GATE VILLAGE, and a portion of Stelling Road as shown upon
that certain Map filed for record in the Office of the Recorder
of said County and State on May 23, 1949, in Book 22 of Maps at
Page 56, more particularly described as follows:
Beginning at the point of intersection of the Easterly
prolongation of the Northerly line of said Lot 9, 10 feet
Easterly from the Westerly line of Stelling Road with the
Westerly boundary line of that certain annexation to the City of
Cupertino entitled'Stelling 2, Ordinance 57;
Thence running along the Westerly boundary line of said
annexation S0010'20"W 77.45 feet;
Thence leaving said Westerly line and along the Southerly line of
said Lot and the Easterly prolongation thereof, N89°54'W 135.00
feet to the Southwesterly corner thereof;
Thence along the Westerly line thereof, N0010'20"E 77.45 feet to
the Northwesterly corner thereof;
Thence along the Northerly line thereof, S89054'E 135.00 feet to
the Point of Beginning.
Containing 10,456 square feet or 0.240 of an acre, more or less.
Date: Jan 8, 2001
APN: 326-08-053
Address: 10599 N. Stelling Rd.
Cupertino, CA
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ORDINANCE NO. 1878
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
PREZONING A.24 GROSS ACRE PARCEL, LOCATED AT 10599 N.
STELLING ROAD, (GARDEN GATE AREA) TO PRE R1-10 (SINGLE FAMILY
RESIDENTIAL) ZONING DISTRICT. APN: 326-08-053, LIN -HAI NAN
WHEREAS, an application was received by the City (Application no. 01-Z-01)
for the prezoning of property to R1-10; and
WHEREAS, the rezoning is consistent with the City's general plan land use map,
proposed uses and surrounding uses; 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, 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 describe in attached Exhibit A is hereby rezoned to
R1-10 Single Family Residence; 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
the 2nd day of April, 2001 and ENACTED at a regular meeting of the City Council of the
City of Cupertino the 7th day of May, 2001, by the following vote:
Vote Members of the City Council
AYES:
Burnett, Chang, James, Lowenthal
NOES:
None
ABSENT:
None
ABSTAIN:
None
ATTEST: APPROVED:
/s/ Kimberly Smith /s/ Sandra James
City Clerk
Mayor, City of Cupertino
RESOLUTION NO. 01-100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA
DESIGNATED "N. STELLING RD. 00-12", PROPERTY LOCATED AT 10599 N
STELLING ROAD; APPROXIMATELY 0.24 ACRE, LIN -HAI NAN
(APN 326-08-053)
WHEREAS, the City Council of the City of Cupertino has received a request for
annexation of territory designated "N. Stelling Rd. 00-12" from property owner, Lin -Hai
Nan.
WHEREAS, the property, 0.24+ acre on the west side of Stelling Road between
Gardena Drive and Greenleaf Drive (APN 326-08-053) 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 7, 2001, to
City of Cupertino Pre R1-10 zone; and
WHEREAS, the City of Cupertino, as Lead Agency for environmental review
determined that this property is categorically exempt from the California Environmental
Quality Act; 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
56757, 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 "N. Stelling Road 00-12" and detachment from the Santa Clara
County Lighting Service District at their regular meeting of June 18, 2001.
Resolution No.
Page 2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this May 7, 2001, by the following vote:
Vote Members of the City Council
AYES: Burnett, Chang, James, Lowenthal
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
/s/ Kimberly Smith
City Clerk
/s/ Sandra James
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:
N. STELLING RD. 00-12
Situs Address: 10599 N. Stelling Road
and consists of. .
X annexation to CITY OF CUPERTINO
X detachment from Santa Clara County Lighting Service Assessment District
of .24 acres on the west side of
Stelling Road (Street/Avenue)
between Gardena Dr. (Street/Avenue)
and Greenleaf 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 print
naive below)
(Sign here)
Date:
(Sign here)
Date:
CHIEF PETITIONERS
(not to exceed three)
Street Address
City/State/Zip
Assessor's Election
Parcel No.* or Precinct No.**
Phone:, ��/- ---,-
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: N. STELLING RD. 00-12
Annexation
to
CITY OF CUPERTINO
(City or Spec. District)
Detacluuent 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 April 2, 2000
( prezoned? other approval action?) (date)
and in compliance with CEQA, has:
XX determined that the annexation is categorically exempt from provisions of CEQA
pursuant to Cal. Adm. Code Sec.
(cite class exemption section.)
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 .24
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 -10.
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 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/detaclunent/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 Cleric 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
Lin -Hai Nan 991 Belmont Terrace #1 (408)252-8764 326-08-053 $ /1 2- 75
Sunnyvale, 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. Lin -Hai Nan 991 Belmont Terrace 41
Sunnyvale, CA 94086
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.
RALPH A. QUALLS, JR. 10300 TORRE AVENUE
(Print name of person completing this CUPERTINO, CA 95014
application)
L&t, a
(Signature) (Date)
NOTE: It is a general LAFCO filing requirement that a copy of this application be filed with
each school district shown on question #13 of this document if the proposal involves ultimate
new residential development of five acres or more. It is the City's responsibility to submit this
information to the appropriate school district(s) and the signature above is considered verification
that this filing requirement has been met.
Suppl. Appl. -5-
CERTIFICATE OF CITY CLERK (Required for 100% Consent Proposal)
I CERTIFY that I have checked the number of owners of property located within the
arulexation/detachment/reorganization proposed by this application and that the I _(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: J ��ti•�'�—
City Clerk� -
� (Seal)
City of Cupertino
a. Owners of land within the proposed annexation/detaclunent/reorganization who do not
consent to this proposal should be listed by name, address, parcel number and assessed
land valuation below. Signatures and dates are not required. Hearing will be held for less
than 100% consent applications.
Street Address Street Address
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