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HomeMy WebLinkAboutHsu Creston Dr 01-04 Annexation APN 326-12-060 ANNEXATION-HSU CRESTON DR. 01-04 150 RESOLUTION 02-195 2002 CONFORMED COPY: This document has 8ENLAFC0 not been compared with the ori,insl. Local Agency Fommtion Commission of Santa Clara County SANTA CLARA COUNTY CLERK-RECORDER Doc#: 16628659 11/20/2002 12:05 PM CERTMCATE OF COMPLETION I,Neelima Palacherla,Executive Officer of the Santa Clara County Local Agency Formation Commission,issue this Certificate of Completion pursuant to Government Code Sections 57200 and 57201. I heiehy certify that I have examined Resolution No.02-195 for a reorganization attached hereto and have found this document to be in compliance with goverment 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: Cupertico. The entire City is located in Santa Clara County. The change of organization completed is an ANNEXATION to the City of Cupertino. A map and description of the boundaries of the change of organization is appended hereto. The title of this proceeding is: Creston Drive 01-04 (Uninhabited) The City has complied with Al conditions imposed by the Commission for inclusion of the territory in the City's Urban Service Area. The date of adoption of the City Resolution ordering the reorganization is 11/4/2002. I declare under the penalty of perjury in the State of California that the foregoing is true and correct. Dated: (! / Klima Palacherla,Executive Officer LAFCO of Santa Clara County is 70 West Hedding Street• I i th Floor. East Wing• San Jose.CA 95110 • 1408)299-5!17 • 14081 295-1613 Fax • www.santaclara.tako.ca.gov COMMISSIONERS:Blanca Alvarado. Don Gage, Suzanne Jackson.Linda LeZotte,Susan Vickiund Wilson EXECUTIVE OFFICER:Neelinia Palacherla RESOLUTION NO. 02-I95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAILING I,9ET ERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATILD"CEESTON DRIVE 01-04",PROPERTY LOCATED ON THE NORTH SIDE-OF CRESTON DRIVE BETWEEN • BERKELY COURT AND ALDERNEY COURT;APPROXIMATELY 0.335 ACRE,HSU AND CDEN(ASP^ ,7`6-12-0b0) WHEREAS, a petition for the annexation .'lain territory to the City of Cupertino in the County of Santa Clara consisting,of Y";5±_a,.,a on the north side of Creston Drive (APN 326-12-060) has been Sled by pro" v :o-rs Fin Hsu and Ming Ming Chen and WHEREAS,on October 7,2002,the City Council adopted Resolution No. 02-183 { initiating proceedings for annexation of the area designated`QCseston Drive 01-04";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 Cali min Govenimeut Code states that the Local Agency Formation Commission shall not have any authority to review w annexation to any City in Santa Clara County of unincorporated tenitory which is within F 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 "C�reston Drive 01-04", more particularly described in Exhibit"A' 2. That the following findings are made by the City Council of the City of Cupertino: m, a. That said territory, is uninhabited and comprises approximately 0.335 acre. s t i. Resolution into.02-19' Page 2 f b. That tl:- annexation is consistent with die orderly annexation of territory with the C,:tys urban service area and is consistent with the City policy of annexive,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 dune 17, 1990, enacted an ordinance prezoning the subject territory w City of Cupertino Pre RI-10 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. It. That the County Surveyor has determined the boundaries of the proposed annexation to be definite and certain, and in compliance with the Commission's mad 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. h j. That the proposed annexation does not split line of assessment of ownership. k. That the proposed annexation is consistent with the CiWs 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 con6iftwus 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. 4. That the Cleric of the City Council of the City of Cupertino is directed to give notice of said ant..;;ation as prescribed by law. 2 Y. Resolution No.02.195 Page 3 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 4th day of November 2002,by the following vote: Vote lkienabes of the QW Council AYES: Lowenthal,Chang,James,Kwok,Sandoval NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/Kimberly Smith fst Richard Lowenthal City Clerk Mayor,City of Cupertino 'nr{I19 i5 fiE1 CEi�T1FY''r13AT THE wrrHIN IN'S1t:+l1NE F ATRO GARRECTCCPY O� ICI Tull a OFFICE.CITY.0 K GI0 i i rl£. CUPEFMHO 9Y C rry CLERK, 3 P EI'1'A CRESTON DRIVE 01-04 ALL THAT REAL.PROPERTY SITUATE IN SAWA CLARA COUNTY, CALIFORNIA,BEING DESCRIBED AS FOLLOWS: BEGEMING AT THE NORTHERN CORNER OF LOT 143,AS SHOWN ON THE MAP FOR TRACT NO. 14S6,`CRESTON,'UNIT'NO.3,RECORDED IN BOOK 55 OF MAPS,AT PAGES 40 AND 41,SANTA CLARA COUNTY RECORDS;THENCE ALONG THE EASTERN ROUND 4RY OF SAID LOT 143 AND THE ANNEXATION LINE OF THE CITY OF CUPERa 1NO,AS DEFINED BY THE ANNEXATION TITLED`HOMESTEAD NO.3C,REVISED"" (1) SOUTH 170 04'20"EAST S7.00 FEET;THENCE (2) SOTITH 8o 41'SO"EAST 29.40 FEET TO THE EASTERN CORNER OF SAID LOT 143;THENCE LEAVING THE SAID ANNEXATION LINE ALONG THE SOUTHERN BOUNDARY OF SAID LOT 143 (3) SOUTH 62" IT 00"WEST 19927-FEET TEYTl%SOUTHERN CORNER OF SAID LOT 143 ON THE EASTERN LINE 0F`CRESTON'DRIVE;THENCE (4) NORTHERLY ALONG SAID EASTERN IJM OF CRESTON DRIVE ALONG A CURVE CONCAVE TO THE SOUTHWEST FROM A RADIAL BEARING OF NORTH 750 43'42"EAST HAVING A RADIUS OF 240.00 FEET THROUGH A CENTRAL ANGLE OF 14'36'0"AN ARC DISTANCE OF 61.16 FEET TO THE WESTERN CORNER OF SAID LOT 143;THENCE LEAVING SAID EASTERN LINE OF CRESTON DRIVE ALONG THE NORTHERN BOUNDARY OF SAID LOT 143 (5) NORTH 560 12'27"EAST 21172 FEET TO THE POINT OF BEGINNING. CONTAINING 0.335 ACRE,MORE OR LESS,AND CONSISTING OF ALL OF LOT 143 AS SHOWN ON THE ABOVE SAID MAP. END OF DESCRIPTION Revision Dam 4-18-02 . 9DSEPTZ001 ���, EXHIBIT D PROPOSED ANNEXATION TO CITY OF CUPERTINO EN TI TL.ED CRESTON DRIVE 01 --04 TRACT NO. 1960 PRopom mt=Amm Lms CITY OF CUIPERTINO ANNEXAMON 007 HOMESTEAD NO. 3C LAND STEVICAls or Afic s DATE /f p SEPT Z040 T' q F of ca110E°� � m r 144 ;` 142 ,0.335`� VICINITY MAP W NIM HIGHWAY 280 R=240' pw� 6=11 4'36'00' s' � Ylf�7G L=61.16' , ® 0 CRESTON DRIVE (609) TRACT NO. 1456 DUNBAR CRAIG APN �e-1 -�so UCENSED LANDSURVEYORS [DAITE ,KIH 01142 1011 CEDAR STREET SANTA CRUZ CA 28 um 20QT cum"No (831) 426-7533 W RdG ICON OA1E -18-02 City Hall 10300 Tone Avenue Cupertino,CA 95014-3255 Telephone:(408)777-3223 O FAX: (408)777-3366 rtq Cu M oe:r•Icc OF 711c crnr ci.Eltic December 3,2002 To all interested agencies: Re; Reorganization for`Crefon Drive 01-04" 10530 Creston Drive The Certificate of Completion for "Creston Drive 01-04" was recorded on H. November 20,2002. I ant enclosing a copy,of Resolution 02-195, as well as a copy of the Certificate of Completion. Sincerely, Grace Jobwon Deputy City Clerk -4 PON BETA REV.1 ) STATE:of CAUFQRNIA STATEMENT OF BOUNDARY CHANGE BOARD OF EGUALIZAlnON ME USE.4ILY Fftm nag to Me Bond of Equalfiahm. Tex Area Sendros SMOM,450 M fted AOQ59. P.O Box 84a879.Seraamento.Cafffomia 84279.0059 B.O.E;FR Nc. CwjW Santa Clara i d: 3 �S 300 ResJOrd.No.: _ City of Cupertino I LAFro.Res.: Shot Fotm Deftnetlow. Creston Dr. 01-04 Effective Date: I 11 14 t02 01 Amm mtkm to dcsstrict _ 00 Commildation of TRA s 10 Redevelopment wow. R 02 Annexation to chy O7 Detactunent from district 11 game change fQbm-_one 04 City incomoralbri 08'01samution of dot 12 Reomaribmtion 05 Consolidation of disbied 09 Fosrraation-Distr 13 Sctraoi districd e OrstRtCT NAIiE orSTRW NAME A PAfi jdel ;— ,--- ---- -- c4dulb"s) aftcbd by mow. Affecied I Inhabited Deb Number of Areas: One wriftwh R Unin obited llh e— ! ded Vm raf acftd VAH be taxed for existing bonded hvkd tedotess or conbaatual obfigationS as set forth by flue tenor and R concitions as stated in the MIIRN lon. Mill M be taxed for§glft banded Indebtedness or contactual Bib an: An election aunworizing Vft action was hold on arr R This action is emnpt.rom eleam. A Endosedwe I x Fees R s and.§Ieg2ft docurnerds tfm kilo °Q R Legal descriplim R Assessor pamel numbers) of effected tenitorl ai tAe�aaf R Resolution of cmductina authooft County auddol's letter of TRA assignraeent fQ Certificate of Completion(LAFCO only) (consolidated counties only) T. my Mapof lindUM addrb oo $ co bouWwy R AI hebetiCel list of ell streets within the affected am to include be&Wm and erdno street numbers a� &tlm td mn Is: l�uirsd: According to section 549V of the Govemtnrent Coft copies of these dogumenb must be filed with the munty auditor;and colony as>mssor. Board ofEquatmWon wW ardmowiedge receipt of Ong to: t+Aeai Ruth Marston 4 =- Tm� �.tr♦( Deputy Clerk of the Board AGENT Santa ClaraCounty LAFCO swims sort 0 W. Hedding Street loth F r r' ON MPeWE San Jose 95110 40A -4 1 ,ext ( � ) - r rua.4ocieFss ttr� a r r-ut h.-mateton@losco.santa-Clara.Ca.us ;` llGliJ4tL91EOFAGEMLYOFFiCER DATE ate' RESOLUTION NO.02-183 A RESOLUTION OF TIM CITY COUNCIL OF THE CITY OF CUPERPMO SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA DESIGNATED"CRESTON DRIVE 01-04"9 PROPERTY LOCATED ON THE NORTH SIDE OF CRESTON DRIVE BETWEEN BEI EI,EY COURTAND ALDERNEY COURT;APPROUKATELY 0.335 ACRE,I T AM,CHEN (APN 32b-12460) WHEREAS,.the City CoumM of the City of Cupertino has received a mpma for annexation of territory designated"Creston n Drive 01-W from.property owners,Ferman Hsu and Ming A4ing Chen;and WHEREAS,the property,0.335±acre on the north side of Creston Drive between- BerkeleyCourt and`Alderney Court APN 326 12-060 is c�nti us is the C' of eY �..' � gtry rtY Cupertino and is within its mbm service area;and WHEREAS,anitaxatiAn would provide for use of City gemces and WHEREkl thI terrttory is,fisted.and was proZotled<ok2 3une. 17; 1980,to .a City of Cupertino 1- ozone;rand, WHEREAS, the City of Cupertino; as Lead Agency for environmental review completed an initial Judy and granted a Negative Declaration for annexation and WHER1l;AS,the County Suereytar of.Sasrta Clara copy has found.the map and des riptio (l x0ib h' �`"D"}-t4 be n: d Vd& o ocle; etion } 56826, the boundais io be&fnite salt C'' tain,and;thap*pnsalr` with LAFCUs.road at[riezationg�nlicies;and WHEREAS,the fee setby 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 reorganisation including an annexation to the City;and " REAS, t3M.i4 st £ode. Section 56837 provides.,�$ if a .titian for annexation is signed by aU owners of'land writhis,the affected territoyiY t#e City Council ;z may approve or disapprove the annexation without public hearing; w Resolution No.02-1 93 Page 2 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby initiates annexation proceedings and will consider reorganization of the territory designated"Creston Drive 01-W at their regular meeting of November 4,2002. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of October 2002,by the following vote: Vote Members of the City Council AYES: Lowenthal,Chang,James,Kwok,Sandoval NOES None ABSENT: None ABSTAIN: None ATTEST: APPROVED: �1. /s/Kimberly Smith /s/Richard Lowenthal City Clerk Mayor,City of Cupertino f ti j b 2 City Hall 10300 Torre Avenue Cupertino,CA 95014-3202 Telephone:(408)777-3223 Crff OF FAX: (408)777-33" CUPEnTINO OFFICE OF nM CITY CLERK October 9,2002 TO: ALL INTERESTED PARTIES REORGANIZATIONS: "WirtruNE AVENUE 02-06" "CRESTON DRIVE 01-04" I am enclosing a copy of Resolution 02-192 and 02-183,which describes the boundaries of the sttb ect reorganiirations and sets November 4,2002,as the daze for consideratidn of annexing the areas described as"Byrne Avenue 02-06"and"Creston Drive 02-06"to the City of Cupertino. The resolutions were adopted on October 7,2002. Council meets at 6.45 pm.,City Hall Council Chamber, 10300 Torre Avenue,Cupertino, California. All interested parties may attend and be heard. Sincerely, Grace Johnson Deputy City Clerk Printer/en RoCyCled Paper County of Santa Clara oU Environmental Resources Agency Building Inspection/Land Development Engineering and Surveying County Government Center.East wing 70 west Hedding Street, 7th Floor Bldg pec.1408i 29WS700 Land Devel.299-5730 FAX 279,85.37 www.sccbuilding org September 25, 2002 Kim Smith, City Clerk City of Cupertino 10300 Torre Avent,.e Cupertino,CA 95014-3255 The attache' map and description dated September 18, 2002 of territory proposed for annexation to the City of Cupertino entitled CRESTON DRIVE 01-04 is in accordance with Government Code Section 56757 (c) (2). The boundaries of said territory are definite and certain. The proposal is in compliance with the Local Agency Formation Commission's road annexation policies. � _0 rT Martin D. Marcott County Surveyor Attachment cc: LAFCO Executive Director (w/attachment) Board of Supervisors:Donald F.Gage.Blanca Alvarado.Pete McHugh.James T.Beall,Jr..LJz Kniss County Executive:Richard Wittenberg .,,, .t E HID, A CRESTON DRIVE 01-04 ALL THAT REAL PROPERTY SITUATE IN SAWA CLAM COUNTY, CALIFORNIA BEING DESCRIBED AS FOLLOWS: BEGINN NG AT THE NORTHERN CORNER OF LOT 143,AS SHOWN ON THE MAP FOR TRACT NO. 1456,`RESTON,'UNIT NO.3,RECORDED IN BOOK 55 OF MAPS AT PAGES 4U AND 41,SANTA CLARA COUNTY RECORDS;THENCE ALONGE TIDE EAR" $(3U 3ARY'OF SAID LOT 143 AND TIRE A�XATION LINK OF T `CUPERl*O,AS DEEMED BY THE ANNEXATION TITLED`�Hom jI`,EA�1 NM3C,RE�I lE (1) SOIT i Il QV* FA ST S .00 FEET;THENCE (2) 30 JTH $ 4I'' W' 2&40 FEET TO THE EASTERN CORNER OF SAID LOB f 43 .THEN E LEAYIE G THE SAID ANNMU7 ON LINE AL01416I SOUTHERN BOUNDARY OF SAID LOT 143 (3) SO 6 °l2'W WEST I9&27 FEET TO THE SOUTHERN CORNER OF SAID LOT''143 OIL TIDE EASTERN LIME OF CRESTON DRIVE;THENCE (4) NORTHIMY ALONG SAM EASTERN LINE OF CRESTON DRIVE ALONt 'r '_CM CONCAVE TO THE SOUTHWEST FROM A RADIAL B � RI '# ''42"EAST'Y�1A�t�ING A RADIUS OF 24A.00 FEE,Uf4 T k THA►i.ANGLE OF 14'3W W AN ARC DISTANCE OF 69.4 M Tim ESTMN CORNER OF SAID LOT 143;THENCE LEA J NG4AID EASTMl LINE OF CRESTON DRIVE ALONG THE NORTM0,916 iARY`OF SAID LOT 143 (5) NORTH 56012'2r EAST`21172 FEET TO THE PONT OF BEGMINtG. CONTAINING 0.335 ACM MORE OR LESS,AND CONSISTING OF ALL OF LOT 143 AS SHOWN ON THE ABOVE SAID MAP. END OF DESCRIPTION 1A Q ", RavideaDde 940-02 G }. 2 Of a . EXHIBIT D PROPOSED ANNEXATION TO CITY Or CUPER71NO ENTITLED CRESTON DRIVE 01 -04 TRAC F NO. 1960 Imo Prtopom 'Ro um s CITY OF CUPERTINO ANNEXATION Ovl HOMESTEAD NO. 3C or ' J �. aN® sU i ATE N Q� Q/6TE e N �9 SEPT 20 04Ito .1 Z' ./' • N F Of Cpl\E � ` >Z cm r8� 144 {-; 14� 142 A.335 ' -s VICINITY MAP I to HIGHWAY 280 R=240' ©=140WOCr p a L=61.16' ® a ORJV CRESTON DRIVE (609) TRACT NO. 1456 AN 3W-12-WO DUN A C AIG LICOIS , LMD SURVEYMS scAu '~=e�►' o rn�4a (8a1) 426-703 DRAWN RJC iMUSON OAYE 5--18-02 i City Hall 10300 Torre Avenue Cupertino,CA 95014-3255 &CMOF Telephone:(408)777-3223 CUPE T!NO FAX (40$)777-3366 OFFICE OF THE CITY CLERK September 24,2002 M.D.Marcott,County Surveyor Building Inspection/Land Development Engineering&Surveying Office 70 West Hedding Street San Jose,CA 95110 ANNEXATION: "CRES7DON DRIVE 01-W Enclosed are three(3)copies of'no gMaSi D legal description and map for the proposed annexation of tlt area designated"Creston Drive 01-04." z The property consists of 3.335±acre end is uninhabited. It is within the City's sphere of influence. The property was pr+eaoned to City of Cupertino Pre R1-10 zone on June 17, 1980. Please review the enclosed and cep as to conformance with LAFCO road policy and that boundaries are definite and cert A check in the amount of$2,000.00 to cover staff time.oa the certification is was sent when the documents were originally submitted on August 30,2002. Sincerely, Grace Johnson r Deputy City Clerk tt Q �facyt C(Aq rt Ea A CRESTON DRIVE 01-04 THAT REAL PROPERTY SITUATE IN SANTA CLARA COUNTY, CALMORNIA BEING DESCRIBED AS FOLLOWS: RMUMNG AT THE NORTHERN CORNER OF LOT 143,AS SHOWN ON THE MAP FOR TRACT NO- 1456,`CRESTON,'UNIT NO 3,RECORDED IN BOOK 55 OF MAPS AT PAGES 40 AM 41,SANTA CLARA COUNTY RECORDS;THENCE ALONGTHE EASTARX ROUNDAItY OF'Ste!LOT 143 AND TIRE A►i�NV ATIuN LjOt OF TI'IE CT!`Y OF CtJPIS tMNO,�AyS D BY THE ANNMTIO�+T TITLED".96 T D I40.3�,'l�E��p 3EI2" (1} S'?I~ 2+�Y'EAST 5?.QFE ° 'hRiCE w. (2) St}LFTI °41'S4''EAST 28.4II FJ 3'T EASTERN CORNER OF _- S 1GC�`I'143;T�GE&hA't�IG'�SA1�13 AIrIIi4EXpTI+tYri I,II AL+Oh1G'TI SOL $OAR it OF SAID LOT 143 (3) StatlTgi f2° 12'�'WEST 19$:27 FEh't'igD TIC SOUTHERN CORM OF SAu LOT 143 ON THE EASTERN LINE OF CRESTON DRIVE THENCE (4) NORTHERLY Ast.OIvTG SAID&AST LINE OF CRESTON R3RIilE A MG A CURVE CONCAVE TO,T 0OUTHWEST FROM A RADIAL ..: A RADIUS OF 24000 r . C ffRAL ANOMOF 140 36'OV AN ARC DISTANCE N ►F 41.16 FEET TO THE WjjSTERItT QQ OF SAID LOT 143;TIMCE LEAVING SAtD EASTERN LIFE OF C"STON DRIVE ALONG THE NORTHERN BOUNDARY OF SAID LOT 143 (5) NORTH 560 I2'2r EAST 212.72 FEET TO THE POINT OF BEGIIV111ING. CONTAINING 0 335 ACRE,MORE OR LESS,AND CONSISTING OF ALL OF LOT 143 AS SHOWN ON THE ABOVE SAID MAP. END OF DESCRIMON ftvbinn Date 9-1842 Al DATE DF CR1.�'� ig oZ ' EXHIBIT B PROPOSE® ANNEXATION TO CITY OF CUPERTINO ENTITLE® CRESTON ®RIVE 01 -04 TRACT NO. 1960 ----- t;1 mInNo 07Y urns — mapommanDmmomumns CITY OF CUPER11NO ANNEXATi0N by HOMESTEAD NO. 3C T Joao � op OF �-�. os► 50 ks W a14o SEPT 2004 OF. C '.A.335` C. ¢�_i.�' VICINITY MAP �1f; �,; , uj NTSC ` HIGHWAY 280 �► ,p L=61.16' ® o DRIVE A. CRESTON ®RIVE (60') TRACT NO. 1456 DUNBAR 40, CRAG UMSED LMD SURVEYORS sc" 1"=6W .J08 W 01142 1011 MAR SMWi SANYA CRUZ CA DAZE 28 MAR 2= tNm WA ymo Ems, 428-7S33 ORAWN RJC REVIO E>; E 9718--0 county of Santa ClarFi U Environmental Resources Agency Building inspectlonn and Development Engineering and Surveying County Government Center,East Wing 70 West Hedding Street.7th Floor ffift lnspec.t 12MS700 nand Devel.2MS730 FAX 27"M7 www.sccbudding.org September 16,2002 Grace Johnson,Deputy City Cleric City of Cupertino 10300 Torre Avenue Cupertto,CA 9SM4-3M The proposed annexation entitled CRFSH't)N M 51-04 is not in accordance with Government Code F Section S6757. The boundaries are not definite and certain in the following respects: Please make minor revisio.:ts to E CHIF31T A and EXHIBIT B as noted on the enclosed citeckprmts. Please show the date o;-revision on any cmbsequent map and description and return three(3)copies of each (signed and sealed) to me when you resubmit this annexation proposal. if you have any questions,please call ate at(408)299-5739. Very truly yours, Ginny Engineering Technician ffi Enclosures cc: Nancy Lee Robert Craig,Dtuibar and Craig Board of supervisors:Donald r.Gage,Bianca Alvarado,Pete McHugh,James T.Beall.Jr..t.iz Kniss County Executive:Richard Wittenberg; e�„ ExBImIT A CRESTON DRIVE 01-04 ALL THAT REAL:PROPERTY SITUATE IN SANTA CLARA COUNTY, CALIFORNIA,BEING DESCRIBED AS FOLLOWS: BEGMNMG AT THE NORTHERN CORNER OF LOT 143,AS SHOWN ON THE MAT"FOR TRACT NO. 1456, `CRESTON,'UNIT NO.3,RECORDED IN BOON 55 OF MAPS;AT PANS 40 AND 41, SANTA CLARA COUNTY RECORDS;THENCE ALONG THE EASTERLY BOUNDARY OF SAID LOT 143 AND THE ANNEXATION LINE OF THE CITY OF CUPERTINO,AS DEFINED BY TIM ANNEXATION TITLED`HOMESTEAD NO.3C,REVISED" (1) SOUTH 11°04'20"EAST 57.00 FEET;THENCE (2) SOUTH 8°41' 50"EAST 28.40 FEET TO TEE EASTERN CORNER.OF SAID LOT 143;THENCE LEM'IIwTG THE SAID iMAM LAATION LINE ALONG THE SOUTE M N BOUNDARY OF SAID LOT 143 (3) S9t3' 2°7Z' �8.27 FEET TO THE SOUTHERN CORNER OF �SAID LOT 143 ON 7"ERtN LINE OF CRESTON DRIVE;THENCE (4) NORTHERLY ALONG SAID EASTERN LINE OF CRESTON DRIVE ALONG A CURVE CONCAVE TO THE SOUTHWEST FROM A.RADIAL BEARING OF NORTH 750 43' 42"EAST RAVING A RADIUS OF 240 00 FEET`THROUGH A CENTRAL ANGLE OF 14°36' 00"AN ARC DISTANCE OF 61.16 FEET TO TIRE WESTERN CORNER OF SAID LOT 143;THENCE LEAV NG SAID EASTERN LINE OF CRESTON DRIVE ALONG THE NORTH MN BOUNDARY OF SAM LOT 143 (5; NORTH 56° 12' 2r EAST 212.72 FEET TO Txffi POINT OF BE GINNING. CONTAINING 0.335 ACRE,MORE OR LESS,AND CONSISTING OF ALL OF LOT 143 AS SHOWN ON THE ABOVE SAID MAP. END OF DESCREMON `{ ,� EXHIBIT B PROPOSE® ANNEXATION TO CITY OF CUPERTINO ENTITLED CRESTON ®RIVE 01 -04 TRACT No. 1960 CUPERTINO CITY uMrTS PROPOSED ANNEXAMON LIMITS CITY OF CU P ER T1 N 0 ANNEXATION rot HOMESTEAD NO. 3C T4� ®F o.. d AND s7tN 04 000 41IAJ , C`r RENEWAL t ATE 'eN� 5 4 q30 SEPT 2004 l '41 i r i 2 VICINITY MAR j,.�;; La NTsc AD 1 r' � ci HIGHWAY 280 R=240' CRESTON c- 3155 p=14'36*00- oR�vE v CRESTON DRIVE (609) Q TRACT NO. 14 56 DUNBAR. & CRAIO UCENSED ® "SURVEYORS � q'°°`�p' 0t 442' 1011 CEDAR STREET SANTA CRUZ CA DATE 2$ "MAR 2001 INDEX CUPERTINO (831) 426-7533 DRAWN RJC EASE MAP Y 3 City of Cupertino (403)777-3249 10300 Torre Avenue Cuperdna,CA 95014 PE IMON for proceedin3s 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: 4. t. This proposal is made puusvant to Part 3, Division 3, Tide 5 of the California Govemment. Code (commencing with Section 56000, Cortese-Knox Local Government Reorganization Act of 1935). 3 2. The proposed change of organization is designated as: CRMWN DFiVE 01-44 Situs Addresa: 10530 Creston Dive and consists of: X annexation to CITY OF f;'17PE INO detacbment from (name City/District) of 0"acres on the north (n/sie!w) side of Creston Drive (Street/Avenue) between, Rerkeky Court (Stwet/Avenue) and and(if applic abb) annawtion detach {, of the same to/f vin (name City/District(s)) 3. A metes and bounds description of the exterior boundaries of the territory(ies) included ` in the proposal,marked ExL-1?it&and a neap of the said territory(ies),marked Exhibit lS. are attached to this petition and by this reference incorporated herein. 4. Territory to be orgmized/reorganized is' inhabited m . ("inhabited"= 12 or more registered voters). X uninhabited. h , 5. This(proposal X is consist with the'Sphew of IMuence is not of the .cam and di ict(s). 1 7''1..- <, > ... a =.,. ' +., e '°,-'F a,.s. -.-.♦ _. Cupertino: Annexation f zticion,psge 2 6. The reason(s)for the proposed annexation (annexation,detachment, reorganization,etc.)istare 7. It is desired that the proposed change of organization or reorganization be made subject to the following terms and conditions: S. The person(s)signing this petition hasihave 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 te-iritory do not proposed for chant:of organization or reorganization. Wherefore,petitioner(s)request(s)that proceedings be taken in accordance with the provisions of Section 56000 et sell.of the Government Code and herewith affix signatime(s)as follows: CHIEF PETITIONERS (not to exceed three Signatures of Petitioners (Please print Street Address Assessor's Election name below) City/State/zip Parcel No.* or Precinct No.** Rs k) re5TOh �r 0 9,%2�6 (Sign here) Date: i-st Phone:f , - SJf 2- ---d- 'AeA u.s X ( ign ere Dater - Phone: For proposals involving uninhabited territory or for landowner-initiated proposals. ** For proposals involving inhabited territory or for resident-voter initiated proposals City of Cupertino (408)777-3354 10300 Torre Avenue Cupertino,CA 95014 SUPPLEMENTAL APPLICATION FOR MUNICIPAL,AND/OR DISTRICT CHANGE OF ORGANIZATION OR REORGANIZATION OF TERRITORY This supplemental application must be completed in full and submitted with any petition to the City for a change of organization(annexation or detachment)or reorganization(multiple annexations and/or detachments)made pursuant to the Cortese-Knox Local Governmcat Reorganization Act of 1995 (Government Code Sect. 56000 et seq.) PROPOSAL DESIGNATION: CRESTON DRIVE 01-04 Annexation to CITY i.)F CUPEIiTINO (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.dready ®rezoned the territory on June 17.1980 (preaoned?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 Fir-al Ellt 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. 4- CHARACTERISTICS OF THE AREA 1. Number of acres .335 2. Number of inhabitants 2 3. Number of registered voters 2 4. Number of dwelling units 1 S. 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? N/A 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): R1-10 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. New Single Family Dwelling. Development to begin after completion of annexation. 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 justiftc,ation for approving the boundary change as proposed: Suppl. Appl. -2- 9. Do the boundaries of any proposed city annexation create wi 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. Descri'.e present and proposed sewer and water services in island: E Does the proponent request waiver of restriction against creation of an island? YES NO If YES,explain wby won of an island is justified? SERVICES 10. Is the territory proposed for annexation/detachment/ry organization 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 dischargiing into an existing sanitary sewer system and disposal plant? YES NO X If YES,what artngements will be made to provide sewage disposal? Suppl.Appl. -3 12. Will the extension of sewerage and/or water oe,Ices or the construction of any public improvements to the affected territory be fi:ranced 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. ServicePtmprovement: Cost: $ /yr.for errs. $ lyr. for_yrs. 13. List all cities,special districts,(including school jistricts)and County Service?seas located within the area of this proposal. (Exclude Santa Clara County Water District,San Francisco Bay Area Air Pollution Control District,County Library Gone,and Water Importation.) (Refer to County Tax Rate Code Book for this information): Cnnerftito ljemem a Sabo!District Cnnertino SanitM District Fremont Union die School)Distet PYfid-Peninma Dnem Snaee District Fo211'i Commmtity LOMAS MOM LANDOWNERS AND REGISTERED VOTERS 14. Please provide the information requested below: a. Owners of lard*within the proposed annexation/d-acbmetWreorgamzauon 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. Bearing 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 k Freemm Elsu, (408)84"652 326-12-060 n194,350 Ming Ming Chen lOS30 Creston Drive .44 Los Altos,CA 94024 *See next page Suppl.Appl. * "Owner of land means any person shown as the owner of land on the lase Equalized Assessment Roll;where such person is no longer the owr:-r,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 56049. 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 Cler'k/Adminis ator of each affected city or elstrict): Street Address Name City/State/Zip Mr.&Mrs.Freeman Hsu 10530 Creston Drive Log Altos,CA 94024 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 ac,L;urate. RALPH A.QUALLS JR._ 10300 TORRE AVENUE (Print nam.;of person completing this G�EI`tT1tNQ.CA 2 O14 application) (Signatrtre) (Date) NOTE: It is a general LAl~CO 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(Reouired 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 a. (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: > 30 A00a City clerkkill (Seal) City of Cupertino a. Owners of land within the proposed annexation/detachment/reorganization who do not consent to this proposal should be listed trr name,address,parcel number and assessed land valuation below. Signatures and dates are not required. Hearing will be held for less than 100s/o consent applications. Street Address Street Address Name City/State/Zip Name City/State/Zip (If additional space required,continue list on separate sheet and attach.) b. FOR NOT-1000/o CONSENT PROPOSALS,list all registered voters residing in the territory proposed for annexation/detachment/reorgamzation 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 A111erim Me Comany hers- :�r:.: r; Ems►No. 3153924VLC Irlia •: ° '.tr= • :; � �vy Me ardw no.00315M2 1PlilM ihcoubd UMN Gmewment •. a • y; and Tax SWwoent Ter. Fromman 10530 Craston Otive Re::.»-;,:r•:; .•..tom w� ��,:� ���_" L Ate Q. 94024 Afu't�t�iLA:`j�� .i3�i�°1•F �.a•02�t:2:ri:+� '�tY fly IN BPAUL:ABOVE TM UM rCM GRAIWr ORD Thy UD&Mftmd Gruel daidaws) et i► nr tit teaefty Tandw Tax M S E 1 commeed on fan vat of 1p'1100 conva"d.err d 1 CowVjW on M vait w td=`9406 of Sm or e:MM*ranc93 reuraebft at thno Ot 3" t I tJ Wmorwelt d Arats City W'tot Aftos FORA VAIU►AWS�ELNI r e1f r i hared ►a�tnhwt man Nsa.who euceFri end titta a�Freiarnan Wei Jan t�su. .t ,Viand and wife, ad drat hwAV'GflWM8j to Fri GIM 14sr and`hl MkV tom,husband&W wife; aebMtftmts ft ftqowlg ducitied Team. at fAs A4tas Comm oil Sania'a", sm dCMIw C ATV "6..+E tU:�'$11p i4 1:A PA MT HEREOF I ®ATEi : Much 19, 2002 STATE Of CAL"RNIAI. COU 1TM OF y i°reemn Mawr ON ire kmwgft in feu Mine Ong cAsn7 of allfisfamry avide 'f to thef' nsf:+ naord class aub> tiaed tc, +�itbrumnt and ackrAvAWdgW to MW t1W t 'hb thae e 1n t�thenri �" � t +��fl at ft snft to , onQal end."food ifaWWWWOti &. ' Colo.�t k lflilto.m my h tiles i' ETA`"m As mw!'irD►move s;R-313 ili�+r 91iE1 • fY ORDINANCE NO. 101/ AN 0N0wmm Or THE Cum ov V pm m'Amm mG swrio' 1 a OF ORDINANCB NO. 2 BY FREZOMG 55 GROSS ACRES FROM SANTA CLARA COUNTY R1-10 TO CITY OFF CUPERTINO R9-10; CONSISTING OF THAT UNINCORPORATED AREA COY R TO AS THE CRESTON SUBDIVISION LOCATED IN THE SOUTHEAST QUADRA= OP HIGHWAY 280 AND FOOTHILL BOULEVARD TIM CITY COUNCIL* OP.THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: WHEREAS, on March 26, 1980, and application was filed by City of Cupertino, 'Creston Subdivision (Application 43-Z-80) for the Prezouing of prroperty from Santa Clara County R1-10 (one family residence, 10,000 sq. ft. minimtaa 1-,t area) zone to City of Cupertino RI--10 (Residential, single-family; 10,004 sq. £t. min:bman lot zone) zone; and. WH88EAS, upon dva notice and after one public hearing the Planning Commission recommended to the City Council that the Prezoning be granted; and WHSRB", the property to be prezoned is presently in an R1 10 (one family residence; 10,000 sq. ft. *+•Qn•amum lot area) Zone; and ti. WHEREAS, W map of the subject property is attached hereto as Exhibit "B" as a proposed amendment to the Master Zoning Nap of the City of Cupertino. Ng, THEREFORE, BE IT ORDAINED AS FOLLOWS: Section I. That the property described in attached Exhibit "A" be and hereby is prexoued to City of Cupertino R1-10 (Residential, Single-famil7v 10,000 sq. ft. Ri*� lot size) zone; and that Exhibit "B" attached hereto i is made part of the-Master Zoning Map of the City of Cupertino. $actionn 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 Cuperti= this 2%kdd day of . June , 1980 and ENACM at a regular meeting of the City Council of the City of Cupertino this 17 day of June , 1980 by the following vote: Vote Members of the City Council AYES: Gatto, Plungy, Rossrs NOES: None ABSENT. Sparks ABSTAIN: None ATTEST: APPROVED: /s/ Dorothy Cornelius /a/ Barbara A. Rogers City Clerk Mayor, City of Cupertino