Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
89,299 Upland Way 90-5 (Tim Norman)
-89,299 Upland Way 90-5 , (Tim Norman) i_1 • CITY OF CUPERTINO • RECIIPT �� • • No. 54 06 • DATE I V' F L 19 0 RECEIVED -r • FROM P. f j ''�- /; = /V y • ADDRES CASN • ORDER • 'JC\ DOLLARS CENTS Y CI • �; - 4,f7 - 40 i • • • RECEIVED BY 5{I61 CROWN 0V51Nf555V 51F MS SUNNYVALE CA.G<CPo � 89, 299 • V RESOLUTION NO. 8237 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING DETER 1NATIONS AND APPROVING THE ANNEXATION OF TERRITORY DESIGNATED "UPLAND WAY 90-05", APPROXIMATELY 1.28 ACRES LOCATED ON THE' EAST SIDE OF UPLAND WAY BETWEEN RAINBOW DRIVE AND BUBB ROAD, NOR W (APN 366-03-15) WHEREAS, a petition for the annexation of certain territory to the City of Cupertino in the County of Santa Clara consisting of 1.28 acres on the east side of Upland Way between Rainbow Drive and Bubb Road (AFN 366-03-15) has been filed with the City of Cupertino; and WHEREAS, on August 20, 1990, the City Council adopted Resolution No. 8213 initiating proceedings for annexation of the area designated "Upland Way 90-05"; 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 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 "Upland Way 90-0511, more particularly described in Exhibit "A"; �9� 27% RESOLUTION NO. 8237 M. That the territory to be annexed is contiguous to existing City limits under provisions of the Government Code. 3. That said annexation is herby 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. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of September , 1990, by the following vote. Vote Members of the City Council AYES: Goldman, Koppel, Sorensen, Rogers NOES: None ABSENT: Szabo ABSTAIN: Rogers ATTEST: APPROVED: /c/ Rnharra A. Wnlfo /s/ Barbara A. Rogers City Clerk , Deputy Mayor, City of Cupertino RESOLMON NO. 8237 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 1.28 acre. b. That the annexation is consistent with the orderly annexation of territory with the city's urban service area and is consistent with he City policy 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 September 8, 1981, enacted an ordinance prezoning the subject territory to City of Cupertino FM 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 corpliance with the Co mission's road annexation policies. Thee 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 couplied with all conditions imposed by the ccmmission for inclusion of the territory in the City's urban service area. UPLAND WAY 90-05 (NO ) All that certain real property situate in the County of Santa Clara, State of California, more particularly described as follows: All of Lot 9, and a portion of Upland Way, as shown on that certain parcel rap recorded in Book 492 of Maps at Page 2, Santa Clara County Records, more particularly described as follows: Beginning at the most northerly corner of said Lot 9, said corner also lying on the easterly sideline of Upland Way: Thence S 410 521E 225.26 feet to a point being the most easterly corner of said Lot 9; Thence S 330051 W 172.32 feet to a point of cusp; Thence along a curve to the right having a radius of 40.00 feet, with an central angle of 1430001 ; and an arc length of 99.84 feet to a point of tangency; Thence along a tangent curve to the right having a radius of 205.00 feet, with an central angle of 550131 3011, and an arc length of 197.59 feet along a portion of that certain annexation to the City of Cupertino entitled "UPLAND 89-1211 to a point of tangency; Thence N 30 3113011E, 85.93 feet along said annexation "UPLAND 89-12" to a point of tangency; Thence along a tangent curve to the right having a radius of 430.00 feet, with an central angle of 15034' , and an arc length of 104.10 feet to a point of cusp; Thence S700 441 5511 E, 60.00 feet to the point of beginning. Containing 1.28 acres, more or less. APN 366-03-15 d �r lT A„ m N Rohn S y RNNDOW DR. g SCALE I° - 100' ® 3 61TE I[nJ Q P VICINITY MAP 5�O'44'55"E vP� 60.00' JQ Fo.B. R• 450.00' /a L= 104.10' APN 365-03-15 1.28 AC ' "UPLAND 89-12" c 9 Mti BOOK 492 of Mops 10 i P"9e 2 �I ,8 L-143'00'00" R' 40.00' L= 99.54' I I I p= 55'13'30" R= 205.00 L = 197.59' 1 PROPOSED ANNEXATION TO THE CITY OF CUPERTINO ENTITLED UPLAND WAY 90-05 MAR 1990 SCALE 1--100' (NORMAN) PROPERTY ADDRESS: ES DW OFFICE: :. 11830 Upland Way [Tel Sa ose Office Cupertino, CA 2055 Gateway Place Suite 1Fn STEWART TITLE San Jose, CA 95110 of California ( 408 ) 453-2431 PRELIMINARY REPORT Issued for the sole use of: RUTH NORMAN Our Order No. 153913 11830 UPLAND WAY CUPERTINO, CA When replying please contact Telephone No. 255-2952 Title Officer : Phillip K. Andrews In response to the above referenced application for a policy of title insurance, STEWART TITLE GUARANTY COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, A Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms should be read. They are available from the office which issued this report. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILI. , oc ASSUMED PRIOR Tu l tiL ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. Dated as of : January 18 , 1990 at 7 : 30 a.m. P lip K. Andrews , Title Officer The form of policy of title insurance contemplated by this report is: 1) California Land Title Association Standard Coverage Policy — 1988 The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE Title to said estate or interest is vested in: DELBERT J. NORMAN AND RUTH A. NORMAN, husband and wife, as Joint Tenants CLTA PRELIMINARY REPORT (Elleclive 7-1 881 8s a�� Order No. : 153913 • LEGAL DESCRIPTION • The land referred to in this report is situated in the State of California, County of Santa Clara, , described as follows : (Unincorporated Area) LOT 9, as delineated and designated upon that certain map entitled, "TRACT d0. 492 , MARQUETTE HEIGHTS SUBDIVISION, PORTION OF NORTHWEST 1/4 OF SECTION 26, TOWNSHIP 7 SOUTH RANGE 2 WEST, SANTA CLARA COUNTY, CALIFORNIA" , which said map was filed in the office of the Recorder of the County of Santa Clara, State of California, on March 22, 1948, in Book 18 of Maps , Pages 4 and 5 . APN/ARB 366-03-015 COMMONLY KNOWN AS: 11830 Upland Way Cupertino, CA SCHEDULE A CLTA PRELIMINARY REPORT STEWART TITLE (7/88) Guaranty Company Order No . 153913 At the date hereof, exectons to coverage in addition tote printed exceptions and exclusions in a Policy of Title Insurance are as follows: 1 . County and City Taxes for the Fiscal Year 1989/90 lst Installment $427 .08 PAID 2nd Installment $427 . 08 OPEN Land $26 , 094 . 00 Improvements $48 , 256 . 00 Exemptions , $ 7 , 000 . 00 A. P.N. 366-03-015 Code Area 63093 2 . The Lien of �,spplemental Taxes, if any, assessed pursuant to the provisions of Chapter 3 . 5 (commencing with Section 75 ) of the Revenue and Taxation Code of the State of California . 3 . A Building Setback Line, 25 feet from Upland Way, as shown on the filed map. 4 . Easement as shown on the filed map, For Utility Easement Affects Southeasterly 10 feet 5 . Easement , upon the Terms , Covenants and Conditions thereof, for the purposes stated herein and incidental purposes created in that certain Instrument, Recorded December 9 , 1948, in Book 1750 at Page 242 Official Records Granted to Pacific Gas and Electric Company and The Pacific Telephone and Telegraph Company, a California corporation Purpose Pole Line for Electric and Telephone Transmission Affects 10 foot wide strip through said land 6 . Easement , upon the Terms, Covenants and Conditions thereof , for the purposes stated herein and incidental purposes created in that certain Instrument , Recorded October 16, 1964 , in Book 6704 at Page 483 Official Records Granted to Harlan Sethe and Ruth Sethe, his wife, as Joint Tenants Purpose Water Pipeline, Booster Pump and Appurtenances Affects Southeasterly 10 .00 feet of the existing utility easement within said land 7 . DEED OF TRUST to secure an indebtedness of Amount $102,000 . 00 Dated June 30, 1986 Trustor Delbert J. Norman and Ruth A. Norman Trustee Bay View Auxiliary Corporation, a California corporation Beneficiary Bay View Federal Savings and Loan Association, a federal corporation Address 2055 Gateway Place, Ste. #220 San Jose, CA 95110 Loan No. 59459479/BGD/jd Recorded July 16, 1986, in Book J765 at Page 1790 under Serial No. 8859809 , Official Records SCHEDULER Continued on next page CLTA PRELIMINARY REPORT -1 STEWART TITLE GUARANTY COMPANY SCHEDULE "B" CON*UED: Order No. 153913 Re-recorded January 12 , 1987, in Book J997 at Page 1509 Official Records NOTE: 1. There have been no conveyances of said land recorded within 24 months prior to the date of this report . 2 . Short Term Rate - NONE 3. The issuance of this report may be conditioned upon payment of a Cancellation Fee if a Policy of Title Insurance is not issued in connection with this order . Said fee shall be in an amount not less than the minimum charge set forth in the filed rate schedule, and is a required charge pursuant to Section 12404. 1 of the Insurance Code of the State of California. PKA/jsm 02-01-90 -2- OFFICE OF COUNTY A„C„OR•SANTA CLARA COUNTY. CALIFORNIA OWGIN �L 11 a0A R3` 11 22 23_ ... J,. a, . ' I RYJJ]Y]J !Y]!]Y4 ��• tr is — AINBA'N_—DIFt 1 37 1 e r r„ _ •N �u a s .W :ZP ::� F. ,..•., .. ,... 37 < r'i.:ea'i'il if Pf4NAwY 10.3 AC. _----ra•---- Q f.urw•' n• , Ye.• y_,vw'.: .l.Ja; • j `.t LOI AG •• R09 ' ��,•e•eo•_•••.1 •wr 0 -SA-7 14Iii;liFeo� iisi \ SP f" 1 14 1.223 A w ;� g \ •\ ra 1 L • 420 AC.Will as AC..[l 2 ML. KL AC 1 . 334 AC, PCL A i P`CL.• . rcL.A I KL. \ P.M.492•M-2 Is),( R.D.S. 163-YJ7 w \ � ,�u• a aQ NOTICE 1 n �:J THIS MAP MAY OR A9AY N01 6E A S!'P:FY OF THE LAND DE• .. __ _,_._ _ CT .HERELIN. H rIS t ul 10 13E RELY UPON F ANY OR THE.. (J ED D N �— I'L11iPOS� DINLR,J U,EA jNG mE'S SELF AS . - CLRTRAL''Ll1LAliC 101 IHE Wlf:fL OR I'AIiLYLS DF INIfRESI, STLl9AI31 TIFLE OF U1-1105NI1 %SSUkjF.S NO LIABILITY FOR LOSS OR DAMAGE RESULTING FROM RELIANCE]HEREON. 140TICE THIS MAP MAY OR WY NOT BE A SURVEY OF THE LAND DL PICTED HEREON. IT IS NOT.10 BE RELIED UPON FOR ANY PURPOSE OTHER THAN ORIETATING ONE'S SELF AS TO THE _ ,..Ot.N oe_Ba4t!'•a�°='-+•N—'=""'—CENTRAL LOCATION OF THE PARCEL OR PARCELS OF INTEREST •�` LOSS OR DAMAGE RESULTING FROM RELIANCE]HEREON. ' TRACT No. 492 a MARQUETTE HEIGHTS SUBDIVISION PORTION OF NVI} SEC.26 '7SR2W SANTA CLARA COUNTY,CALIF. E4-ST FfANIe SULE I'• NECA xr K'•Y [..ST[ffi wi�+ Gwi[HGiH�[[R SAN JOS[.CALIF. b Mom. i � as ra.rf pmh. i I n ;I a ov . _ h ` � ,nw-, y'a: >>a •\\ �J=`` UND Of IN i It ;T I IIt YA ry•�i�i5 / �" yr . I AAi• � ��J•' � '• /,/^ /K.O•L /•'M4.0' /K O' •K.fG' ,004. I °r It• At I F yO , xe oo.r.� a>w ta•A,. i ^� i Y Jwho or Nrr//•v.Nr rJu �:��I t � t Q �' i q; , •.'Jr/J/ U/[AND '4 WAY OUa& wwb/,0. aavo' 4 sac' 4' -- DD AD. . al '.�be/.o.•C.. b .. eAWo of cox °ol SU9JJ3 I :ants Clara County Local Agency Formation Commission Ph . : (408 ) 299-4321 County Government Center - 10th Floor , East Wing 70 West Heddinq Street - - San Jose, CA 95110 PETITION for proceedings pursuant to the CORTESE-KNOX LOCAL GOVERNMENT REORGANIZATION ACT OF 1985 The undersigned hereby petition( s ) the Local Agency Formation Commission of Santa Clara County for approval of a proposed change of organization or reorganization, 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 1965 ) . 2 . The proposed change of organization or reorganization is designated as : UPLAND WAY 90-05 and consists of : consolidation of special districts formation of new special district incorporation _x annexation to THE CITY OF CUPERTINO detachment from (name City/District) of 1.28 (number of ) acres on the E (n/s/e/w) e sid of UPLAND WAY (Street/Avenue) between RAINBOW DRIVE (Street/Avenue) and BUBB ROAD (Street/Avenue) : and ( if applicable) _ annexation detachment of the same to/from (name City(ies ) /District(s ) ) 3 . A metes and bounds description of the exterior boundaries of the terri- tory(ies) included in the proposal , marked Exhibit A. and a map of said territory(ies) , marked Exhibit B, are attached to this petition and by this reference incorporated herein. 4 . The 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 of the is not affected city and/or district(s) . 6. The reasons (s) for the proposed ANNEXATION (annexation, detach- ment, reorganization, etc . ) is/are : TO PROCURE CITY SERVICES 7 . It is desired that the proposed change of organization or reorganization be made subject to the following terms and conditions : N/A 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 pro- do not posed for change of organiza- tion or reorganization. �j�j • • LAFCO: Petition -2- 10. If the formation of new district ( s) is included in the proposal , the principal act (s) under which said district( s ) is/are proposed to be formed is/are : 11 . If an incorporation is included in the proposal , provisions are re- quested for appointment of : _ City Manager _ City Clerk and City Treasurer 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 : CHIEF PETITIONERS (not to exceed three) Signatures of Petitioners (Please print Assessor ' s Election name below Street Address Parcel or Precinct Date signature . ) City/State/Zip No . * No . ** X OJQ,.eJ I&A L7 7 Coy,,, 1 I 3 4 a_4 w �G d - 3-/S" ie ffn1 3U L! ., Phone : 40 Phone : (_) - - Phone : (_) * - For proposals involving uninhabited territory or for landowner- initiated proposals . ** - For proposals involving inhabited territory or for resident-voter initiated proposals . Rev. 1/l/86 Santa Clara County LAFCO Ph. : (408 ) 299-4321 - Seely County Government Center - 10th F1 . , E. Wing (408 ) 299-4716 - Exec . 70 West Hedding Street, San Jose, CA 95110 Officer SUPPLEMENTAL APPLICATION FOR MUNICIPAL AND/OR DISTRICT CHANGE OF ORGANIZATION OR REORGANIZATION OF TERRITORY This supplemental application must be completed in full and submitted , in original and 5 conies , with any petition or resolution of application to LAFCO for a change of organization (annexation or detachment) or reorgani- zation (multiple annexations and/or detachments) made pursuant to the Cortese-Knox Local Government Reorganization Act of 1985 (Government Code Sec . 56000 et seq . ) PROPOSAL DESIGNATION: HPLAND WAY 40-05 Annexation ) IXaz nmc )to/from THE CITY OF CUPERTINO BanngraaimecBZm[x)c (City or Spec .District) ENVIRONMENTAL STATUS OF PROPOSAL X THE CITY OF CUPERTINO as Lead Agency for environmental review (Name of City/District) of the project, has already PREZONF.D (prezoned? other approval action?) the territory on SEPTEMBER 8, 1981 , and in compliance with CEQA, has : (date) determined that the annexation is categorically exempt from pro- visions of CEQA pursuant to Ca1 .Adm. Code Sec . (cite class exemption section) . X completed an Initial Study and Negative Declaration for the annexation, a copy of which is attached t'o this application. completed a Final EIR for the annexation, a copy of which is attached to this application. LAFCO is to be Lead Agency for the environmental review of the pro- ject and the completed Environmental Information Form required by LAFCO environmental assessment staff is attached to this applica- tion. (Environmental staff phone : (408 ) 299-2521 . ) Proposal is categorically exempt from provisions of CEQA pursuant to Cal . Adm. Code Sec . because CHARACTERISTICS OF THE AREA 1 . Number of acres 1.2 2 . Number of inhabitants one 3 . Number of registered voters one 4 . Number of dwelling units one S . a . What is the present use of the area (be brief , but specific) : RESIDENTIAL b. Indicate the parcel numbers of those parcels , if any, which are under contract with the County under provisions of the Williamson Act : C . What steps, if any, have been taken or are proposed to be taken to release the above parcel (s) from the contract? FILING DEADLINE: 5 : 00 p.m. on the first Wednesday of the month, for LAFCO hearing on the second Wednesday of the following month. 6 , a . For city annexations , what is the prezoning that has been applied by the city to the affected area (Note : Prezoning is a LAFCO fil- ing requirement for city annexations) : b. Does the applicant intend to propose a change in this zoning if and when the territory is annexed to the city? YES _ NO If YES, indicate the new zoning which will be sought . 7 . For city or district annexations , describe the development being pro- posed for the territory, if any, and when this development is ex- pected to begin. LOT SPLIT 2 SINGLE FAMILY DWELLINGS 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 LAFCO ' s approving the boundary change as proposed : 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 . ) h . 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/"XVM XXVM#X X)I 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? 12 . Will the extension of sewerage and/or water services or the construc- tion 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 . Supnl . Anpl . - 2 ..13 .' List all cities , special districts , ( including school districts ) and County Service Areas located within the area of this proposal . (Ex- clude Santa Clara County Water District, San Francisco Bay Area Air Pollution Control District, County Library Zone , and Water Importa- tion . ) (Refer to County Tax Rate Code Book for this information) : ('.IIPFRTTNO F.i.EMENTARY DISTRFCT MTDPFNTNINILA OPEN SPACE DTSTRTCT FREMONT HTGH SCHOOL DIS`I'1?i C'P CIIPEENNO :SANT'1'AHY DISTRICT FOOTHILL COMMIINfPY COLLEGE DTSTRICT For changes in organization of Districts, list all cities within 3 miles of the subject territory: 14 . For city annexations, list those concurrent or future detachments from Special Districts which are proposed for this territory. LANDOWNERS AND REGISTERED VOTERS 15 . Please provide the information requested below: a . Owners of land* within the proposed annexation/detachment/reor- ganization 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 in names , addresses, etc. ) Assessor ' s parcel number , assessed land (not improvements ) valuation, and, if 100% property-owner consent has been obtained , certification by City/ District Clerk, must be added prior to filing. Hearing not re- quired if 100% property owner consent is obtained . Assessed Signature Street Address/ Parcel Value of Date (Print name below) City/State/Zip Te1 .No . No . Land SF.F. PFTTTTON 11830 UPLAND WAY 366-03-15 ALT(:F RUTH NORMAN ( If additional space required , continue list on separate sheet & 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 agree- ment of sale , any person shown therein as purchaser , and any public agency owning land . " Government Code Section 56048 . CERTIFICATE OF CITY/DISTRICT CLERK (Required for 100k Consent Proposal ) I CERTIFY that I have checked the number of owners of property located within the annexation/B dE)WbWli$YcYd(dfg)¢WillWx4)4 proposed by this applica- tion and that the _ (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/District waives the requirement for written notice and gives consent for the Commission to make determinations on this proposal without notice or hearing. Date : City/)NQY %1fX)M Clerk City/111x 7 icrt of (Seal ) Suppl . Appl . -3 • b. Owners of land within the proposed annexation/detachment/reor- ganization who do not consent to this proposal should be listed by name, address , parcel number and assessed land valuation below. Signatures and dates not required . Hearing will be held for less-than-100%-consent applications . Assessed Street Address Parcel Value of Name City/State/Zip No . Land ( If additional space required , continue list on separate sheet & attach. ) c . FOR NOT-100%-CONSENT PROPOSALS, list all registered voters resid- ing in the territory proposed for annexation/detachment/reorgani- zation if different from the landowners shown in 15a . and 15b. above. Street Address Street Address Name City/State/Zip Name City/State/Zip ( If additional space required , continue list on separate sheet and attach) 16 . Print or type the name and address of officers or persons , not to exceed three in number , who are to receive copies of the Executive Officer ' 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) (2 ) ( 3 ) 17 . 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 . TRAVTCE WHTTTFN 10300 TORRE AVENUE (Print name of person complet- CUPERTINO. CA g5014 ing this applicatio ) (Address) :Z/-/9 Aey (Signatur (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 #13 of this document if the proposal involves ultimate new residential development of five acres or more . It is the applicant ' 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 . - 4 • CITY OF CUPFRTINO • NEGATIVE DECLARATION July 9, 1990 As provided by the Environmental Assessment Procedure adopted by the City Council of the City of Cupertino on May 27, 1973, and amended on March 4, 1974, January 17, 1977, May 1, 1978, and July 7, 1980, the following described project was granted a Negative Declaration by the Planning Commission of the City of Cupertino on July 9, 1990. PROJECT DESCRIPTION AND LOCATION - Application No. (s) 4-IM-90 and 10-EA-90 Applicant Edward M. Giuliani Property Owner Alice Ruth Norman Incation North of adiacent to the southerly terminus of Upland Way DISCRETIONARY ACTION REQUEST TENTATIVE MAP to subdivide 0.97 acres with an average slope exceeding 200 into two lots of 14,200 s.f. and 16,700 s.f. respectively, and annexation of unincorporated territory within the Spehere of Influence to the City of Cupertino. FINDINGS OF DECISI0NAAKM BODY The Planning Commission granted a Negative Declaration finding that the project is consistent with the General Plan, that there are no significant environmental impacts which have not been appropriately mitigated, and that there are no significant growth-inducing influences associated wiyth extension of utility(services necessary to serve .the project area. Robert Cowan Director of Community Development CERTIFICATF OF THE CITY CLJ32K This is to certify that the above Negative Declaration was filed in the Office of the City Clerk of the City of Cupertino on July 10, 1990. Dorothy Corn us, CMC City Clerk erc\ndl0ea90 CITY OF CUPERTINO 10300 Torre Avenue Department of Planning& Development Cupertino,CA.95014 (406)252-4642 EA File Case File PROJECT DESCRIPTION DESCRIPTION Attachments? ------- PROJECT TITLE 1'E,r .'rll'IJ aAY/LU1' Y l'1' PROJECTLOCATION _113 ,0 UPLAND �VAY . CUPERTIJJ . .:A. )Joi4 PROJECT DESCRIPTION P,i()P-1Sr' i"( ^il nryTpF f0 P ( 9tiu- i- a Q-,�CONr _n'JILr A_LF; LOT. ENVIRONMENTAL SETTING I I i r'AoA by .: .;ID aCE i .J 1'.. C J i 4i � i 'P, T f ' PROJECT STATISTICS Site Area (ac.) Building Coverage % Exist. Building s.f. Proposed Bldg. ; .',, s.f. Zone iii ; GP Designation Assessor's Parcel No. -)ju - =L If Residential, Units/Gross Acre Applicable Special Area Plans: (Check) Total No. Rental? Bedrooms Total s.f. Price Q Monta Vista Design Guidelines Unit Type#1 atI ;L <:vJ Q N. De Anza Conceptual Unit Type #2 ! I ;r j L14K Q S. De Anza Conceptual Unit Type #3 Q S. Sara-Sunny Conceptual Unit Type #4 Q Stvns. Crk. Blvd. Conceptual Unit Type #5 Q Stvns. Crk. Blvd. SW& L'scape If Non-Residential, Building Area s.f. FAR Max. Employees/Shift Parking Required Parking Provided Project site is Within Cupertino Urban Service Area Yes XXX No_ k � ' " 1" 'MAC Tlln S+4/ RGsLST tr A) GENERAL PLAN SOURCES D) OUTSIDE AGENCIES 11 Cupertino General Plan, Land Use Element 22) County Planning Department 2) Cupertino General Plan, Public Safety Element 23) Adjacent City's Planning Department 3) Cupertino General Plan, Housing Element 24) County Department of Environmental Health 4) Cupertino General Plan-Circulation Element 25) MidPeninsula Regional Open Space District 5) Cupertino General Plan, Environmental Resources 26) County Parks and Recreation Department Element 27) Cupertino Sanitary District 6) Cupertino General Plan,Appendx A—Hillside Develop- 28) Cupertino Union School District ment 28) Fremont Union High School District 7) Cupertino General Plan, Land Use Map 30) Pacific Gas d Electric Company 8) City Ridgeline Policy 31) Central Fire District 9) Noise Element Amendment 32) County Shentt 10) Cupertino General Plan Constraint Maps 33) CALTRANS 34) County Transportation Agency B) CUPERTINO SOURCE DOCUMENTS 35) Santa Clara valley water District 11) Tree Preservation Ordnance 778 E) OUTSIDE AGENCY DOCUMENTS 12) City Aerial Photography Maps 13) 'Cupertino Chronicle'(California History Center, 1976) 36) BAAOMD Survey of Contaminant Excesses 14) Geological Report(site specific) 37) FEMA Flood Maps/SCVWD Flood Maps 15) Parking Ordinance 1277 38) USDA.'Sals of Santa Clara County' 16) Zoning Map 39) County Hazardous Waste Management Plan 17) Zoning Code/Specifn Plan Documents 40) County Heritage Resources Inventory - C) CITY AGENCIES F) OTHER SOURCES 18) Cupertino Planning & Community Development Dept 41) Project Plan Set/Application Materials 19) Cupertino Public Works Dept. 42) Field Reconnaissance 20) Cupertino Parks& Recreation Department 43) Experience with project of similar scope/characteristics 21) Cupertino Water Utility 44) City Noise Ordinance 45) ARAG Projections Series MW s %r IN O s� r h �/i°FyV fSifsY j, S ..°S��H i .� �Ff f"�/. ✓Fr .�I, � a% /�iG.§f'� �Y; 1) Complete all information requested on the Initial Study 4) When explaining any YES response,label your answer cover page. LEAVE BLANK SPACES ONLY clearly (Example: " N - 3. Historical") Please try to WHEN A SPECIFIC ITEM IS NOT APPLI- respond concisely, and place as many explanatory CABLE. responses as possible on each pane. 2) Consult the Initial Study Source List;use the materials 5) Upon completing the checklist, sign and date the listed therein to complete the checklist information in Preparer's Affidavit. Categories A through O. 6) Please attach the following materials before submitting You are encouraged to cite other relevern sources; if the Initial Study to the City: such sources are used, jot intheirtitle(s)inthe"Source" - Project Plan Set or Legislative Document copy) column next to the question to which they relate. - Location map with site clearty, marked(when applicable) 3) If you check any of the "YES" responses to any ques- BE SURE YOURSTUDY lion, you must attach a sheet explaining the potential COMPLETE -- INCOMPLETE impact and suggest mitigation if needed. CAUSE PROCESSING IMPACT YES WILL THEPROJECT... No Not Signif�t SgniGont Cumutauv SOURCE Spnif�t (Mugauon (No Pmposeo) Miugatim Ptopmed) A) LAND USE/GENERAL PLAN 1) Require a change from the land use designation for the subject site in the General Plan? Q Q Q Q Q 1,7,18 2) Require a change of zoning? Q Q Q Q Q 16, 18 3) Require a change or variance from an adopted specific plan other adopted policy statement? Q Q Q Q Q 17, 18 4) Result in substantial change in the present land use of the site or that of adjoining properties? Q Q Q Q Q 7, 12, 6) Disrupt or divide the physical configuration of an established neighborhood? Q Q Q Q Q 7, 12, 23, 42 7) Conflict with established recreational, educational, religious or scientific activities in the project vicinity? 'X Q Q Q Q 7,12,16 B) GEOLOGIC/SEISMIC HAZARD 1) Be located in an area which has potential for major geologic hazard? Q t_I Q Q 2, 14 2) Be located on or adjacent to a known earthquake fault? Q Q Q Q Q 2, 14 3) Be located in a Geologic Study Zone? Q Q Q Q Q 2 4) Be located in an area of soil instability(subsidence, landslide, shnnk/swell, soil creep or severe ero- sion)? Q Q Q Q Q 2, 5, 10 5) Cause substantial erosion or siltation of a water- course? Q Q Q Q Q 2. 5. 10 6) Cause substantial disruption, displacement, com- paction or overcovering of soil either on-site or off- Q Q Q Q Q site? 2, 14, 41 7) Cause substantial change in topography or in a ground surface feature? Q Q Q Q Q 12, 41 8) Involve construction of a building, -road-or,a3ptie cglamon a slope of 10% or greater? Q Q Q Q Q 6, 12, 41 C) RESOURCES/PARKS 1) Increase the existing removal rate, or result in the removal of a natural resource for commercial pur- poses (including items such as rock, sand, gravel, trees, minerals or topsoil)? Q Q Q Q Q 5, 10 2) Resultinthe substantial depletion of any non-renew- able natural resource? Q Q Q Q Q 5 3) Convert prime agricultural land (Class I or II soils)to non-agricultural use or impair the agricultural pro- ductivity of nearby prime agricultural land? Q Q Q Q Q 5, 35 4) Involve lands currently protected under the William- son Act or any Open Space easement? Q Q Q Q Q 5, 18 5) Substantially affect any existing agricultural uses? Q Q Q Q Q 7, 16 IMPACT YES WILL THE PROJECT... Not Significant nifioant cumulatNE SOURCE Significant (Mitigation (No Pmpmad) Mitigation Proposed) 6) Be located on, within or near a public or private recreation facility, park,wildlife preserve,public trail either in existence already or planned for future implementation? v" ❑ ❑ ❑ ❑ 5, 10, 12, 22, 25 D) SEWAGE/WATER QUALITY 1) Result in aseptic field being constructed on soil with severe drainfield performance limitations? ❑ ❑ ❑ ❑ ❑ 6, 19 2) Result in a septic field being located within 50 feet of a drainage swale orwithin 100 feet of any well,water course or water body? ❑ 0 35, 41, 42 3) Result in extensionof a sewermain linewith capacity �! to serve new development? 19. 41 4) Substantially degrade surface orground waterqual- ity, or the public water supply? ❑ ❑ ❑ ❑ ❑ 19, 35, 38 5) Be located in an area of water supply concern (such as low fire flows)? 0 ❑ 0 0 19. 31 E) DRAINAGE/FLOODING 1) Interfere substantially with ground water recharge? 0 0 ❑ 0 Q 19, 35 2) Substantially change the direction, rate of flow or quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? ❑ ❑ ❑ ❑ ❑ 19, 35, 41 3) Change the absorption rates, drainage patterns or the rate/amount of surface runoff? ❑ ❑ ❑ ❑ ❑ 19, 35 4) Involve a natural drainage channel or streambed or water course such as to alter the location, course or flow of its waters? ❑ ❑ ❑ ❑ 35, 41, 42 5) Be located in a floodway or floodplain Area? ❑ 0 0 0 37 F) FLORA AND FAUNA 1) Significantly affect fish, wildlife, reptiles or plant life by changing the diversity or numbers of existing species, or by introducing new species, or by restricting migration or movement? ❑ ❑ ❑ ❑ ❑ 5, 2) Substantially reduce the habitat area for fish, ani- mals or plants? ❑ ❑ ❑ ❑ ❑ 5, 10 3) Change the existing habitat, food source or nesting place for a rare or endangered specie of plants or animals? ❑ ❑ ❑ ❑ ❑ 5, 10 4) Involve construction within 100 feet of a riparian area? ❑ ❑ ❑ ❑ ❑ 10, 41, 42 5) Involve cutting/removal of specimen scale trees, whether indigenous to the site or introduced? ❑/ ❑ ❑ ❑ 11, 41, 42 IMPACT YS WILL THE PROJECT... Not n E�,�,� umuiat SOURCE r Proposed) Maipabw Proposed) G) TRANSPORTATION 1) Cause an increase in traffic which is substantial in relation to the existing traffic bad and capacity of the street system? 0 0 0 4, 19, 33 2) Cause any public or private street intersection to function below Level of Service D? 0 4, 19 3) Increase traffic hazards to pedestrians,bicyclists and vehicles? 19, 32 4) Adversely affect access to commercial establish- ments, public buildings, schools, parks or other pe- destrian oriented activity areas? Xy. 0 0 0 Q 10 19 5) Cause a reduction in public transportation service at or near the project site? 0 34 6) Increase demand upon existing parking facilities, or engender demand for new parking space? 18, 41 7) Inhibit use of alternative modes of transportation to private automobile usage? x y, 0 0 0 5, 19, 33, 34 H) HOUSING 1) Reduce the supply of affordable housing in the community, or result in the displacement of persons from their present home? v 0 0 0 Q 3 18 2) Increase the cost of housing in the area, or substan- tially change the variety of housing types found in the 0 Q Q Q 3, 18 community? 3) Create a substantial demand for new housing? 0 Q 0 3, 18, 45 1) HEALTH & SAFETY 1) Involve the application, use,disposal or manufacture of potentially hazardous materials? 0 0 0 0 31, 39, 41 2) Involve risk of explosion or other forms of uncon- trolled release of hazardous substances? 0 0 31, 43 3) Involve the removal or continued use of any existing, or installation of any new underground chemical or fuel storage tank? 4 =1 0 0 0 31, 41, 42 4) Be located in an area of seasonal fire danger? Q 0 Q 2. 31 5) Employ technology which could adversely affect public safety in the event of a breakdown? 41, 43 6) Provide breeding grounds for mosquitos or other 24 disease vectors? J) AIR QUALITY 1) Create objectionable odors? 0 0 41, 43 2) Violate any ambient air quality standards,contribute substantially to an existing or projected air quality violation,orexpose sensitive receptorsto substantial concentrations of pollutants? 5, 36, 41 IMPACT � ES WILLTHEPROJECT... Not Sgn,fYt &gn;fmt, wmlaw e SOURCE Spnifmnt (Magatmn (No Proposed) Mitigation Proposed) K) NOISE 1) Increase substantially the ambient noise environ- ment of the project vicinity during construction of the project? 0 9, 41 2) Result in a sustained increase in ambient noise levels in the project vicinity following construction of the project? 0 0 9, 41 3) Result in sustained noise levels beyond the thresh- olds of sound energy and duration limits contained in the City's Noise Ordinance? 0 0 0 9,44 L) AESTHETICS 1) Be generally in conformance with applicable design �1 guidelines? L:aJ 0 0 17, 41 2) Create an aesthetically offensive site open to public view? 0 0 41,42 3) Visually intrude upon an area of natural scenic quali- ties? 0 0 0 0 5, 42 4) Obstruct view of a scenic ridgeline visibile from the Q valley floor? 5. 8. 5) Obstruct views of the city's adjacent hillsides from residential areas or public lands 10, 22, 24, 41 6) Adversely affect the architectural character of an established neighborhood or business district? 0 0 41, 42 7) Produce glare from artificial lighting sources upon adjacent properties or public roadways? 0 41, 43 M) ENERGY 1) Involve the use of unusually large quantities of fossil fuels or non-renewable energy sources? 0 0 0 5, 41 2) Remove vegetation providing summer shade orwind- breaks to an existing or proposed building? 0 0 0 0 0 41, 42 3) Significantly reduce solar access to an adjacent building, public recreation space or private yard? 0 0 41. 42 N) HISTORICAL/ARCHAEOLOGICAL 1) Be located in an area of potential archeaological or paleontological resources? 0 10, 42 2) Affect adversely a property of historic or cultural significance to the community, except as part of a scientific study? ® 1, 18, 41, 42 IMPACT WILLTHEPROJECT".. No, Signit�t Cumuatry SOURCE SigmGrdm (Miligat" (No Proposed) Mmgauion Proposed) O) PUBLIC SERVICES AND UTILITIES 1) Produce solid waste in substantial quantities? 41 2) Induce substantial growth, or alter the location, distri- bution,or density of the human population of an area? 1, 45 3) Cause substantial impact upon, or increase the need for: a) Fire Protection Services? O O O 18, 31 b) Police Services? O 0 O O 32 c) Public Schools? O O O O 28. 29 d) Parks/Recreation Facilities? 5, 17, 19, 26 e) Maintenance of Public Facilities? 18, 19, 41 f) Other Governmental Services? 18 4) Cause substantial impact upon existing utilities or infrastructure in the following categories: a) Electricity? O O D O 30, 41 b) Natural Gas? 30, 41 c) Water? ice' O O O O 21 d) Sewage treatment and disposal? 18, 41 e) Storm water management? 35, �16 5) Generate demand for use of any public facility which causes that facility to reach or exceed its capacity? Q Q 0 0 0 18, 41, 43 Xy ,azyIMAM4��e:+gafipl WILL THE PROJECT... -- YES NO 1) Have the potential to degrade substantially the quality of the environment, to substantially diminish the habitat of a fish or wildlife species,to cause af ish or wildlife population to drop below self-sustaining levels,to threaten oreliminate a plant or animal community,to reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California's history or prehistory? 2) Have the potential to achieve short term environmental goals to the disadvantage of long term environmental goals? 3) Have environmental impacts which are individually limited, but are cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of an individual project are substantive when viewed in conjunction with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) 4) Have environmental effects which will cause substantial adverse impacts on human beings, either directly or indirectly? mm, 1 � I hereby certify that the information pro:ided in this Initial Study is true and correct to the best of my knowledge and belief; I certify that I have used proper dilia` ::ce in responding accurately to all questions herein, and have consulted appro- priate source references when necessary to ensure full and complete disclosure of relevent environmental data. I hereby acknowledge that any substantial errors detected within this Initial Study may cause cause delay or discontinuance of related project review procedures, and hereby agree to hold harmless the City of Cupertino,its staff and authorized agents, from the consequences of such delay or discontinuance. Preparer's Signature - % i Date Print Preparers Name 4)iA4"b4rplQt9 IM PACT AREAS: �❑/Land Use/General Plan Geologic/Seismic Hazard I❑l Resources/Parks El Housing _ IJ Sewage/Water Quality ❑l I Drainage/Flooding LJ Flora& Fauna El Transportation ❑ Historical/Archaeological L'J Health & Safety ❑ Air Quality 11 Noise ❑ HistoricaVGeo logical ❑ Public Services/Utilities ❑ Energy 0-`Aesthetics STAFF EVALUATION 6ra6rVC- rfX &BoL4,15 s or 4/Zo aT dux• MWIr s !/ 6 ta-1900Of kIEGMAtU 1D ppc-CEO, Z CUSP LEEP - aF 51y-9o -- WIL�- pLso -- CIE Is" 3 LOT 5U6oNI5100 011 W. SIDE or- UQLANp WA`( ( � REW%L OF SM CW RFLONr�E11DEP/ r9 4 of PR66R19Ts Ktyom- OF 'f/,0h6 _LI J� Mfr1GAjED ROIXII ILlS�dLI.A"�10U of nu-srr 4napvr' GFD LE� of 313/-o L (-I). Mgt A� p &y IMf tFLrfa�oy 6F Q1f-26EUI.16 Ia aT Umif PoUcl (NhX• co' 13�.D6) sa On the basis of this Initial Study, the Environmental Review Committee (ERC) finds: lsa are, ,u i3q iF That the proposed project COULD NOT have a significant effect on the environment,and recommends that a NEGATIVE DECLARATION be granted. ry, W :>; :> That although the project could have a significant eff ect on the environment,no significant effect will occur because mitigation measures are included in the project. ERC recommends that a NEGATIVE y�3 DECLARATION be granted. ' r That the proposed project MAY have a significant effect on the environment and recommends that an ENVIRONMENTAL IpgPAC EPORT be prepared. Staff Evaluator ERC Chairpersonl .L/(x Date 5 ZZ a Date ANORMAN -- - - _--. - —2 6 0 PH. 400-255-2952 11830 UPLAND WAY �-- w1J.V tl-4/1210 I� q CUPERTTIIINN�O. CA 95014 - I $ //11 II/ - �J ul. SECURITY PACIFIC NATIONAL BANK Cupertino Office 80577 10450 S.De Anza 81W. Cupertino,CA 95014 1: 12 10000 4 41:0 2601115717111 20734511■ 9 DELBERT JOHN NORMAN zes j a 280 ALICE RUTH NORMAN PH. 408-255-2952 / In Cj/fi /3211 11830 UPLAND WAY ✓-L.+� . V CUPERTINO, CA 95014 U S SAFE SAVER MONEY MARKET ACCOUNT ©T VowNa A AVINGS LIMIT - THREE CHECKS PER MONTH GaPENT,NOOfi,Q 1O 15 oc•Nzz ervo GUPENi1N0.Cwl1fOMNl/,YSeI. ,-Ilewr I: 3 2 L L806671: i866008 L3911e 0 280 UPLAND WAY 90-05 (NORMAN) All that certain real property situate in the County of Santa Clara, State of California, more particularly described as follows: All of Lot 9, and a portion of Upland Way, as shown on that certain parcel map recorded in Book 492 of Maps at Page 2, Santa Clara County Records, more particularly described as follows: Beginning at the most northerly corner of said Lot 9, said corner also lying on the easterly sideline of Upland Way: Thence S 410 521E 225.26 feet to a point being the most easterly corner of said Lot 9; Thence S 330051 W 172.32 feet to a point of cusp; Thence along a curve to the right having a radius of 40.00 feet, with an central angle of 1430001 ; and an arc length of 99.84 feet to a point of tangency; Thence along a tangent curve to the right having a radius of 205.00 feet, with an central angle of 550131 3011, and an arc length of 197.59 feet along a portion of that certain annexation to the City of Cupertino entitled "UPLAND 89-1211 to a point of tangency; Thence N 30 3113011E, 85.93 feet along said annexation "UPLAND 89-1211 to a point of tangency; Thence along a tangent curve to the right having a radius of 430.00 feet, with an central angle of 150341 , and an arc length of 104.10 feet to a point of cusp; Thence S700 441 5511 E, 60.00 feet to the point of beginning. Containing 1.28 acres, more or less. APN 366-03-15 d CON 2 m POYIA J a Alm RNNDOW DR. 2 SCALE 1* 100' SITE �P VICINITY MAP 0 5-70'44'55E (co.00 \ JQ 6= 15-34'00" 8 R= 430.00' °s2, L = 104. 10' 40� APN 365-03-15 1.28 AC� "UPLAND 89-1 , BOOK 492 -f M,ps 10 i Fg9e 2 t ,o 7 L=143`00'00" R= 40.00' L= 99.54' I I i p= 5S-13'30° R= 205 0o' L = 19-7. 59' I ! I I I PROPOSED ANNEXATION TO THE CITY OF CUPERTINO ENTITLED UPLAND WAY 90-05 rMAR 1990 SCALE I"-Q0' (NORMAN) &7, q T7