Impartial Analysis
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MEASURE D
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CITY A HORNEY'S IMPARTIAL ANALYSIS OF MEASURE D
A yes vote on me"sure 0 would approve of the Cuportino City Council's action to annex
the unincorporated neighborhood, known as "Garden Gate" into the City of Cupertino
(City) and detach the sêlme area from the Santa Clara County lighting Service AreC!
(lighting Area). A no vote on Measure 0 would disapprove of tM "nnex"tion to tl,e City
and detachment from the Lighting Area.
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The Garden Gal" neighborhood consists of 107 acres "nd 359 single-r"mily homes
generally located E<lst and West or Stelling Road and South 01 Highway 280. The area
is considered" "County Pockel" and is surrounded on all sides by incorporated areas ...
or the City 01 Cupertino. If the annexation is approved the City would ext<!nd municipal
services to the area including traffic enforcement, code enforcement, street
maintenance and street lighting. Additionally, residents would be able to petition or
request other services typic<J"Y offered to City residents such as traffic calming
measures and street crossing guards. Upon annexation residents would be eJigible to
serve on city advisory commissions and vote for City Council candidates andlor run
for City Council seats.
Both the City llnd the County Jimit the maximum Size 01 single-family homes to 45% 01
the net lot area; however, the City requires design approval for any new two-story home
or second story home addition that is proposed to exceed 35% 01 the net lot area. The
County requires greater building setbacks for single story portions 01 homes and the
City requ;res greater setbacks for second story portions of homes. Upon annexation,
homes th¡:¡t do not meet the City ~onlng standards would be consiaered
'grandfathered" and would not have to be modified to meet City standards unless they
were torn down and rebuilt. However, all new additions to existing homes would need
to meet City zoning standards.
If thc area is annexed into the City and detached from the Lighting Area, property
owners would no longer pay the Lighting Area assessment that is currently $23.68 per
home per year, and residents would assume the City's utility users tax of 2.4% of their
natural gas, electricity, and local and long distance telephone charges. Residents who
are seniors 65 years of age or older may apply for an exemption to this tax. Proper1Y
owners would also pay a storm drain scrvice fee 01 $12 per lot per year. Residents who
operate their own home-based businesses wouid pay a business Jicense fee 01 $94 per
year. Annexation aoes not trigger re·aSSêsSment 01 property taxes nor require
installation of new street or sidewalk Improvements by residents.
CHARLES T. KilliAN
City Attorney, City of Cupertino
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