HomeMy WebLinkAboutMerriman 79-3 Annexation ANNEXATION MERRIMAN 79-3
1979
Si
Allf-
ALCAL.DE- PC
yAN 7?1 PA u Ls
Itsz 100' tip
i
L.0e_ATC'*4 a 1�
MAP
�..
Ai_ IA(_1_�i
' I
r
� a
_YCoi
t
_ ;r VAS
i,�Aj i 0
1 471 ,
� GY,
I ., t
WA
Local Agency Formation Commission
County Administration Building
110
p+,, 70 West Hedding Street,S�
County ®f Santa Clara San Jose,Area
Conia a 408
_ 9se ---- �}-ea Code 408
California
TO: City of Cupertino
FROM: i.ocal Agency Formation Commission
DATE: March 30, 1979
SUBJECT: Merriman 79-3
This is to advise that documents associated with the above change of
organization have been found to be in order and the necessary filings .
have been made with the County Recorder, State Board of Equalization
and County Assessor, as required by law.
Enclosed is an endorsed copy of the Certificate of Comp97tion which9
was recorded with the County Recorder on March 30, i
if the above c ange of organization inclu ed detachment fro fire
district, it s required by law that de hment must be a acted within
one year; h ever, completion of the d achment by Janu y 1st will
prevent the property from being tamed y both the Cit and the fire
district. ou are, therefore, cou aged to compl the detachment by
this date
After the territory has en detach fr
please c lete and urn the form be ow. (Fire District)
Thank you,
Paul E. Sagers
Assistant Executive Officer
-----------------------•------------------------------------------------- --
Local Agency ormation Commission
70 West Heddin Street, East Wing, loth Floor
San Jose, Calif nia 95110
Detachment of from
(Ann ation) (Fire District)
has bee completed y the City of -
on
(date)
Signature
LAFC-50
An Equal Opportunity Employer
® 6328448
LftMAgen"
t County Adminlstratlon Buildin
70 West Medding Street,WMMW
San Jose. California 05110
County of Unta Clara IIWM�� Area Code 400
Callfornla
M r,
n r*1
G5 c'+�O
--I rn_
zi^•?n u a7C
T- Rl"r9
7r f\) �b nZ n0 1—�x --� 1
� — (-
t? Z 0 c C
` _
CERTIFICATE OF COMPLETION sV Lxr C
I, Paul E. Sagers, the Assistant Executive officer of the Santa
Clara County Lo_al Agency Formation Commission, issue this Certificate
of Completion pursuant to Section /35351 of the Government
Code.
I hereby certify that I have examined the resolution for a change
in organization/ attached hereto and have found this
document to be in compliance with the resolution adopted on
March 7, 1979 by the Santa Clara County Local Agency
Formation Commission approving said change in organization or reorganization.
The name of the /City is: Cupertino
The entire /City is located in Santa Clara County.
The change of organization completed is an annexation
A map and description of the boundaries of the change of organization is
appended hereto.
The title of this proceeding is: Merriman 79-3
The change of organization was ordered subject to the following terms
and conditions:
None
The date of adoption of the resolution ordering the change of organization/
"Wi4, Larch 19, 1979
Dated March 30 1979
asistant Executive ficer
Santa Clara CouAty
Local Agency Formation Commission
-3�1111
"AUNTY OF SANTA CLARA
LOCAGENCY FORMATION COMMIN
REPORT OF THE EXECUTIVE OFFICER
Designa!ion 14EBRIMM 79-3 AnnexJ3b14dh to City of Cupertino
LF,FCO Agenda Hearing No. 6 100%Consent xx
t.AFCO Hearing Date 3 7 79 Not 100% Consent
1. REVIEW OF PROPOSAL:
(a) Acreage and location: 0.62 acres; East side of Merriman between Alcalde Road
and Santa Lucia Road
(b) Effect on community services:
X Provision of all municipal/district services.
Municipal/District services not provided as follows:
Detachment from: None
N/R School District Impact Report
Nam' County Transit Impact Report
(c) Boundaf:es:
Definite and Certain.
Indefinite and uncertain.
X— Conform to Urban Service Area.
Do not conform to Urban Service Area.
X Do not create island, corridor or strip. Reduces :iize of existing island
Create island, corridor or strip.
Xr Conforms to road policy.
Does not conform to road policy.
X Conforms to lines of assessment.
Splits lines of assessment as follows:
(d) Present land use: Vacant
(e) Proposed land use: Residential
2. ENVIRONMENTAL REVIEW OF PROPOSAL
Annexation is categorically exempt from provisions of CEQA.Class Rxemption
X The City has prezoned the territory and, as Lead Agency for the environmental review of the
annexation,has completed an initial Study and Negative DeclaratioNF (copy attached)which
in LAFCO staffs' opinion does/A®owait adequately address LAFCO regional concerns.
LAFCO is the Lead Agency for the environmental review of this annexation and staff has prepared the
attached Negative Declaration/Draft EIR for your review and adoption.
3. SUGGESTED CONDITIONS OR OTHER COMMENTS: Territory is uninhabited (less
than 12 registered voters)
4. PROTESTS:
5 RECOMMENDATION: Cerify that you have considered City of Cupertino's
Negative Declaration and authorize the City of Cupertino to proceed without
notice or hearing.
by ._ Date Feb. 26. 1979
Paul E. Sagers
Assistant Executive Officer
Don DggPeSK, Land Dev Eng/press/City of Cupertino/Barre & Wanda Barnes, 22660
San Juan Road, Cupertino, CA 95014/
LAFC 2 4/77
Loot ABsney Fommtbn ConW*90M
County Administration Building
70 West Redding Street,gaSon stityg
County of Santa Clare 299 3191 CAIrae Code t408
calffornlik
EXECUTIVE OFFICER'S CERTIFICATION OF SIGNATURES TO
_PETITION OF LANDOWNERS AND CERTIFICATE OF FILING
The undersigned certifies as follows:
I am the duly selected and acting Executive Officer of the Santa Clara
County Local Agency Formation Commission.
A petition entitled "Petition for Annexation of
Territory to the City o Cuper ino
and designated MERRIMAN 7 9- 3
was filed with me on jan. 31 19 79 .
Said petition is signed by landowners and, pursuant to Sections 35110 to
35124/ inclusive, Government Code, I have examined the
petition.
The results of my examination are as follows:
1. All signatures on the petition were secured within six months of
the date on which the first signature on the petition was affixed, and the
petition was submitted for filing within 60 days after last signature was
affixed.
2. Said petition was signed by all of the landowners owning land
within the territory proposed to be annexed who also
own all of the assessed value of land within such territory.
3. The petition and supplemental application filed on this proposal
contain all of the information and data required by Section 35110/56tA of
the Government Code, and all the information and data requested by the
Santa Clara County Local Agency Formation Commission.
Eased upon such examination, it is HEREBY DETERMINED AND CERTIFIED that
the petition is a sufficient petition and was signed by all of the owners
of land within the territory proposed to be annexed/
and said petition is hereby being certified for filing on the date shown
below.
This petition will be considered at the March 7 1979 meeting
of the Local Agency Formation Commission. �-
Dated: Feb. 14, 1979
LOCAL AGENCY FORMATION COMMISSION
WILLIAM M. SIEGEL, Executive Officer
Paul�-CE. Sager
Assistant Executive Officer
78-7a
Property owner Petition - 100% Consent
i
i
SUPPLEMENTAL APPLICATION
MR
CITY OR SPECIAL DISTRICT
CF NGE OF ORGANIZATION
LOCAL AGENCY FORMATION COMMISSION
County Government Center, East Wing
70 West Redding Street
San Jose, California 95110
Commission Secretary - Phone 299-4321
Assistant Executive Officer - Phone 299-3191
This supplemental application Faust be completed in full and submitted
with any petition or resolution of application to LAFCO for a charge
of organization (annexation or le
de-,e _ _t (s) ) _made pursuant to the Municipal
Organization Act of 1977 (Government Code 35000 et seq.) the Distviet
Please reference the separate information sheet for all LAFCO filing
requirements.
ENVIRONMENTAL STATUS OF PROPOSAL
The proposal involves annexation to a city and the city council
adopted an ordinance prezoning the subject territory on
1-15--79 P,-rsuant to Cal. Adm. Code Section 15065,
therefore, the cif-,- as Lead Agency for the environmental review
of this annexatio! :gas:
determined that the annexation is categoricsily exempt from
provisions of CEQA pursuant to Cal. Adm. Code Section
(cite class exemption section)
4-1/completed an Initial Study and Nevative 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.
IAFco is to be Lead Agency for the environmental review of the
project and the Projec,� Environmental Data required by the LAFCO
Environmental Assessment Staff is attached to this application.
(Environmental Staff phone 299-2521.)
Proposal is cateTorically exempt from orovisions of CEQA pursuant
to Cal. Adm. Code Section because
GENERAL INFORMATION
1. NaturQ of Proposal: Annexation to/gam
i'dE City of CuDertiao
DESIGNATED AS: MEPYdMXd 79 -
proposal being made pursuant to:
tz Municipal Organization Act of 1977 (Govt. Code 35000 et seq)
District Reorganization Act of 1965 (Govt. Code 56000 et seq)
78-3
MLING DEADLINX--5 :00 P.M. this office, last Wednesday of each month
(for the rApc meeting approximately 5 creeks hence)
0
2. Location of proposed change of organization or reorganization:
EAST side of MERRiMAN
(north, south, etc.) (street or road)
at/between AI.CALDE FOAD and SANTAI L CIA ROAD
3 . what is the chief reason for this proposal?
, Utilize city ServJ,C.P's
4. It is desired that, the proposed annexation/dot
be made subject co the following terms and conditions (ref. Govt.
Code Section 54790.1 and 564.70) __
None
CRARACTERISTICS OF THE AREA
S. Number of acres 0.62
6. Number of inhabitants U
7 . Number of registered voters
S. *lumber of dwelling units
9. a. what is the present use of the area (be brief, but specific) :
Vacant
b. Indicate the parcel numbers of those parcels, if any, which are
under contract with the County under provisions of the Williamson
Bill
c. what steps, if any, have been taken or are proposed to be taken
to release the above parcels) from the contract?
10. a. For city annexations, what is the prezoning that has been applied
by the city to the affected area (Note: Przoning is a LAFCO
filing requirement for city annexations) :
0
fro . Countv R2-8 .A to City R1-7.5
B. Does the applicant intend to propose a change in this zoning if
and when the territory is annexed to the city? YES NO X
If yes, indicatk- the new zoning which will be sought.
11. For city or district annexations, describe the development being
proposed for the territory, if any, and when this development is
expected to begin :
Residential - 1979
12. 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 why LAFCO should approve the boundary change as
proposed:
-2-
13. zo 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:
rrr.rra,_rrr. -
SERVICES
14. Is the territory proposed for annexation/gZta-d�tXtbWg#UgMvLwa
in the City or Districts urban service area? YES X NO
15. If new development is proposed an the site, will this new development
be permitted without community sewage discharging into an existing
sanitary sewer system and disposal plant? YES— NO .
If YES, what arrangements will be made to provide for sewage disposal?
16. 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
If YES, describe service(s) or improvement (s) and the average cost
per resident/landowner of the district:
Service/improvement $ /yr.fori__years.
17. List all cities, special districts (include all school districts) and
County Service Areas located within the area contained in this propo-
sal, (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 Bock for this information)
Cupertino Union School District County Lighting Dis,:rict
Fremont union High School District Central Fire District
Mid-Peninsula Regional Park District
Foothill Community College District Cupertino 5anita „ry District
For proposals made pursuant to District Reorganization Act, list all
cities within 3 miles of the subject territory:
-3-
18. For City annexaA s made pursuant to MO RGA► ist those concurrent or
future detachments from Special Districts which are proposed for this
territory.
LANDOWNERS AND REGISTERED VOTERS
19. Pleasa provide the information requested below:
a. If the owners of land* within the proposed annexation-,d-ota-kmy.,
consent to this proposal, each should show his/her
consent by signing his/her name, address, and date below. (Sig-
natures not required if proposal is initiated by property owner
petition; put "gee petition" on this line and type or print in
names.) Assessor's parcel number, assessed valuation and certi-
fication by City/District Clerk must be added prior to filing.
Hearing not required if 100% property owner consent is obtained.
Signature Address Date Parcel **Assessed
Number valuation
See Petition 342-16-19 $ 4,850.00
342-16-20 $ 3,700.00
(If additional space required, continue list on separate sheet and attach.)
*"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 54797.1.
CERTIFICATE OF CITY y'sjV= CLERK (Required for 102% Consent Proposals) .
I CEFM FY that I have checked the number of owners of property located within
the annexation/detachment/reorganization proposed by this application and
that the ? signatures above represent all of the owners of property
included i proposal. I FURTHER CERTIFY that pursuant to Government
Code Section 35151/56261 the city/district waives the requirement For written
notice and gives consent for the Commission t�nn�ke determ' �tions on this
proposal without notice or hearing. /' /
--.i/ G /J
Date: « / /G ` Z -
�� City Clerk
City/si___i,. of
b. if owners of land within the proposed annexation,ldetsehment7l
Psayganizatica -do not consent to this proposal, list their names,
addresses, parcel numbers and assessed valuation below. Signatures
and dates not required. Hearing will be held for less than 100%
consent applications.
Name Address Parcel **Assessed
Number Valuation
(if additional space required, continue list on separate sheet and attach.)
**Assessed values should be shown for land only for proposals made pursuant
to DRA or for inhabited proposals made under MORGA; values for land and
improvements should be shown for uninhabited city proposals made pursuant
to MO RGA.
-4-
c. For Not 100% Consent proposals, list all registered voters
residing in the territory proposed for annexation,Idew
reorganization if different from the Landowners shown in 19a.
and 19b. on page 4.
Voter Name Address Voter Name Address
(if additional space required, continue list on separate sheet and attach)
20. Print or type the name and address of officer or persons, no` to
exceed three in number, who are to receive copies of the Executive
Officer's Report and mailed Notice of Hearing (in addition to Chief
Petitioners and the ClericAdministrator of each affected city(s) or
district (s) :
Same Address
(1)
(2)
(3)
21. 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.
Travice Whitten 10300 Torre Avenue. Cupertino. Ca.
(Print name of person completing Address
this application.
January 31, 1979
Signature +� Date
NOTE: it is a general LAFCO filing requirement that a copy of this appli-
cation be filed with each school district shown on question #17 of
this document if the proposal involves ultimate new residential
development of five acres or more. it is the applicant 's responsi-
bility to submit this information to the appropriate school district (s)
and the signature above is considered verification that this filing
requirement has been met.
-5-
0
MERRIMAN 79 - 3
All chat certain real property situate in the County of Santa Clara,
State of California, more particularly described as follows:
All of Lots 35, 46 and 47, as shown upon that certain clap entitled,
'hiap of Inspiration Heights, Monta Vista," which map was filed for record
in the Office of the Recorder of the County of Santa Clara, State of California,
on April 11, 1917 in Book "P" of Maps, at Page 13.
Beginning at the northeast corner of said Lot 35, said corner being the
southeast corner of that certain annexation to the City of Cupertino by
Resolution No. 4520, entitled "MERRIMAN 77-3";
Thence from said point of beginning, South, 100.12 feet along the easterly
line of Lot 35 to the southeast cornpr of said Lot 35;
Thence N.89°40'W. , 238.00 feet along the southerly line of Lot 35 and Lot 47
and its westerly prolongation to a point on the westerly line of Merriman
Road as shown on said map;
Thence North, 125.26 feet along said westerly line of Merriman Road to the
intersection with said annexation "MERRIMAN 77-3";
Thence S.89°40'E. , 129.00 feet along said annexation "HERRIMAN 77-3" to the
northeast corner of said Lot 46 as shown on said map;
Thence South, 25.14 feet along said annexation "MERRIMAN 77-3" to the north-
west corner of said Lot 35 as shown on said map;
Thence S.89°40'E. , 109.OJ feet along said annexation "MERRIMAN 77-3" to the
point of beginning.
Containing 0.62 Acres, more or less.
APN: 342-16-19, 20
i
ttt
C.A"
Ark
I 't 5S t"" v •�" ' •�
0 S ; °(�1 dL fit-TIS
� i
L '
v
I
� t i
p+ .4
o .30
tn4
in°
a1V iy�2 19�9 �d{,ptz`3 bYctti f�a>>ncil
3ar e t pTo`e 3te.� �` �%xe �it9 a�,
ss�er iql t�°r
encal n Witch ire' peclata
na
t°rm oci ced a �e�i91g O(1 C t
• e ts»`�1 �Qg'C r
t°vlaed bhe
G°ncdil lc ryc Wd s o cm'
et �ro
d e�t
e
sf °fC 're
te
e ° to i C gym`
ink tY,e i°%`an cant ide of tt'e In ink 3p4 �t=aa L� of ;t
°f peso1�% AQQll has rltie`il °t ptE2 y �'g2e to Cr�'S � Ito
F%ecc uS�tiA.l$ Lacati°�• s°U_ 1or Re�y�Ttta�i um �0 1e;� roP in
1 caci°° Ac of S3AN 0 31 yin f said P
A44 1 'scteciaces f D�a s Vsiaen eXatioa °
s$ an
D gto iderce� R�'..1 _5 Cara r
tes tiro �iye) iro
Gm nmu�y of CU4eCt
the Cl �nr
-t
` l , IL
t 51°'%a'�� /• aCl�e nif l can t,,v
`je�i a �yeE ° sit'
of --'� Ir e d n
°arc ar and
ha _ -,s�.
Cre Gi tie �,neYal \amet`'t ch t` nnln`� r
o'
cl
at 3C-1
peJr -/
ci�e
ty6�a / ^
e ac`ache 4etclro on
tn
�nac City �-
c
e J
lhis e Cicy Cl
,� th
0