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89,309 Orange Ave (Barnes) 92-03 1 89,309 Orange Avenue (Barnes) _ Annexation 92-03 M 1 rt y r r r �� • • • CITY OF cNoBECM �,a � • No. 66430 DATE 1 -/ / 19 RECEIVED • FROM ��:1 Y/� Y7��o C • ADDRESS CASH CHECK YMY ONtJEN • DOUANS CENTS • • P � �� • / - A� i1 RECEIYEO 3 . CROWN 905MESS SY4FMS.I�<IS�b3.RPl5 • 51,-!, • RESOLUTION NO. 8646 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING DETERMINATIONS AND APPROVING THE ANNEXATION OF TERRITORY DESIGNATED "ORANGE AVENUE 92-0311, APPROXIMATELY 0.13 ACRE LOCATED ON THE WEST SIDE OF ORANGE AVENUE BETWEEN ALCAZAR AVENUE AND DOLORES AVENUE; HAIDER (APN 357-14-039) WHEREAS, a petition for the annexation of certain territory to the City of Cupertino in the County of Santa Clara consisting of 0.13 acre on the west side of Orange Avenue between Alcazar Avenue and Dolores Avenue (APN 357-14-039) has been filed with by Lotus Development Co., Inc. (Barre Barnes)and WHEREAS,on April 6 1992, the City Council adopted Resolution No. 8637 initiating proceedings for annexation of the area designated "Orange Avenue 9Z-03";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 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 35150.5 of the Government Code for the annexation of property designated "Orange Avenue 92-03," more particularly described in Exhibit "A"; 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 0.475 acre. b. That the annexation is consistent with the orderly annexation of territory with the City's urban service area and is consistent with the City policy annexing when providing City services. RESOLUTION NO.8646 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 June 4, 1984,enacted an ordinance prezoning the subject territory to City of Cupertino R1-7.5 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 compliance with the Commission's road annexation policies. The City shall reimburse the County for actual costs incurred by the County Surveyor in making this determination. i. That the proposed annexation does not create islands or areas in which it would be difficult to provide municipal services. j. That the proposed annexation does not split line of assessment of ownership. k. That the proposed annexation is consistent with the City's General Plan. 1. That the City has complied with all conditions imposed by the commission for inclusion of the territory in the City's urban service area. M. That the territory to be annexed is contiguous to existing City limits under provisions of the Government Code. 3. That said annexation is hereby ordemd 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. 2 1 RESOLUTION NO.8646 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 4th day of May , 199Z by the following vote: Vote Members of the City Council AYES: Dean, Goldman, Koppel, Szabo, Sorensen NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /a/ Dorothy Cornelius /s/ Lauralee Sorensen City Clerk Mayor,City of Cupertino 3 r S "EXHIBIT W Annexation to the City of Cupertino Entitled Orange Avenue 92-03 Revised:3-31-92 All that certain real property situated in the County of Santa Clara, State of California, described as follows: Beginning at a point on the Westerly line of Orange Avenue also being a Westerly boundary line of that certain annexation to the City of Cupertino entitled "Alcazar Avenue 8D-49" by Res. #5601, distant thereon Northerly 158.42 feet from the intersection of said line of Orange Avenue with the centerline of Dolores Avenue; Thence from said Point of Beginning West 100.15 feet to the Easterly boundary line of that certain annexation to the City of Cupertino entitled "Dolores Avenue 86-04" by Res #7144; Thence North 60.00 feet to the Northwest corner of Lot 147 as shown upon that certain Map entitled, "Map of Subdivision "A' Monta Vista" which said map was recorded in the Office of the County Recorder of the County of Santa Clara, State of California, on April 11, 1917 in Volume P of Maps, Page 20; also being the Southwest corner of that certain annexation to the City of Cupertino entitled "Alcazar Avenue 88-08" by Res. #7699; Thence running along the Southerly boundary line of said annexation East 100.15 feet to the Northeast corner of Lot 147 also being a Westerly line of Orange Avenue and a Westerly boundary line of said annexation to the City of Cupertino entitled "Alcazar Avenue 80-49" by Res. #5601; Thence along the said line South 60.00 feet to the Point of Beginning and being the Northerly 60 feet of Lot 147 as shown upon said Map entitled, 'Map of Subdivision "A" Monta Vista." Containing: 6,009 square feet, more or less 0.13 acres, more or less APN: 357-14-039 By: H.B. EXISTING ANNEXATION EXISTING ANNEXATION DOLORES AVE. 86-04 I ALCAZAR AVE. 80-4.9 RES. # 7144 RES. # 5601 Gz7 - - - - - - - - - - - DLO W O APN 357-14-039 O SCALE: 1"=30' (/] ,LqT-147 131 /6,009 sq. ft. 0.13 acres' $ ZCo d' o� c�om� I I op,Y ° ��2� I W Z<WL I � a 4 , "' O POB I �- 20' A NORTH SOUTH J t39.a2' EXISTING ANNEXATION 60.00' 20' ALCAZAR AVE. 80-49 RES. # 5601 R A N G E NORTH r VA E N U E • ALMADEN AVE OLIVE AVE. < '` < w LEGEND: SAN F RNANDO 7 EXHIBIT B AVE u = BOUNDARY LINE OF mZ Z PROPOSED ANNEXATION PROPOSED ANNEXATION ALCAZAR AVE. TO THE CITY OF CUPERTINO — — — = BOUNDARY LINE OF ENTITLED ORANGE AVENUE 92-03 IDOLORES AVE. SITE EXISTING ANNEXATION DATE: FEB. 1992 SCALE: 1" = 30' VICINITY MAP BY: H. BACUS I REVISED: 3-23-92 NOT TO SCALE ICITY OF CUPERTINO "LXUI 31T V Annexation to the City of Cupertino Entitled Orange Avenue 92-03 Revised:3-31-92 All that certain real property situated in the County of Santa Clara, State of California, described as follows: Beginning at a point on the Westerly line of Orange Avenue also being a Westerly boundary line of that certain annexation to the City of Cupertino entitled "Alcazar Avenue 80-49" by Res. #5601, distant thereon Northerly 158.42 feet from the intersection of said line of Orange Avenue with the centerline of Dolores Avenue; Thence from said Point of Beginning West 100.15 feet to the Easterly boundary line of that certain annexation to the City of Cupertino entitled "Dolores Avenue 86-04" by Res #7144; Thence North 60.00 feet to the Northwest corner of Lot 147 as shown upon that certain Map entitled, "Map of Subdivision "A" Monta Vista" which said map was recorded in the Office of the County Recorder of the County of Santa Clara, State of California, on April 11, 1917 in Volume P of Maps, Page 20; also being the Southwest corner of that certain annexation to the City of Cupertino entitled "Alcazar Avenue 88-08" by Res. #7699; Thence running along the Southerly boundary line of said annexation East 100.15 feet to the Northeast corner of Lot 147 also being a Westerly line of Orange Avenue and a Westerly boundary line of said annexation to the City of Cupertino entitled "Alcazar Avenue 80-49" by Res. #5601; Thence along the said line South 60.00 feet to the Point of Beginning and being the Northerly 60 feet of Lot 147 as shown upon said Map entitled, "Map of Subdivision "A" Monta Vista." Containing: 6,009 square feet, more or less 0.13 acres, more or less APN: 357-14-039 By: H.B. EXISTING ANNEXATION EXISTING ANNEXATION DOLORES AVE. 86-04 I ALCAZAR AVE. 80-49 RES. # 7144 RES. # 5601 W - - - - - - - - - - - — �LORSt� — W Q O APN 357-14-039 SCALE: 1"=30' 131 6,009 sq. ft, En 0,13 acres' o Zom U 0��[O U� rz s vis ZQ00r I N Z No �1 a J 0 POB I a NORTH SOUTH — 138.42' EXISTING ANNEXATION 60.00' 20' ALCAZAR AVE. 80-49 RES. # 5601 R A N G E NORTH r E N U E ALMADEN AVE OLIVE AVE. a LEGEND: 4 < W SAN F RNAN EXHIBIT B ® z AVE. o - = BOUNDARY LINE OF no z PROPOSED ANNEXATION m ALCAZAR o AVE. PROPOSED ANNEXATION TO THE CITY OF CUPERTINO — = BOUNDARY LINE OF ENTITLED ORANGE AVENUE 92-03 DOLORES AVE. SITE EXISTING ANNEXATION DATE: FEB. 1992 SCALE: 1" = 30' VICINITY MAP BY: H. BACUS I REVISED:3-23-92 NOT TO SCALE I CITY OF CUPERTINO "UXUI 31T ,A" Annexation to the City of Cupertino Entitled Orange Avenue 92-03 Revised:3-23-92 All that certain real property situated in the County of Santa Clara, State of California, described as follows: Beginning at a point on the Westerly line of Orange Avenue also being the northerly 60 feet of lot 147 as laid down, designated and delineated upon that certain Map entitled," Map of Subdivision "A" Monta Vista" which map was recorded in the Office of the County Recorder of the County of Santa Clara, State of California, on April 11, 1917 in Volume P of Maps, Page 20 and also being a Westerly boundary line of that certain annexation to the City of Cupertino entitled "Alcazar Ave. 80-49" by Res. #5601, distant thereon Northerly 158.42 feet from the intersection of said line of Orange Avenue with the centerline of Dolores Avenue; Thence from said Point of Beginning West 100.15 feet to the Easterly boundary line of that certain annexation to the City of Cupertino entitled "Dolores Avenue 86-04" by Res #7144; pp Thence North 60.00 feet to the Northwest corner of lot 147 also being the Southwest corner of the annexation to the City of Cupertino entitled "Alcazar Avenue 88-08" by Res. #7699; Thence running along the Southerly boundary line of said annexation East 100.15 feet to the Northeast corner of lot 147 also being a Westerly line of Orange Avenue and a Westerly boundary line of said annexation to the City of Cupertino entitled "Alcazar Avenue 80-49" by Res. #5601; Thence along the said line South 60.00 feet to the Point of Beginning. Containing: 6,009 square feet, more or less 0.13 acres, more or less APN: 357-14-039 By: H.B. IIIEXF11[31T V Annexation to the City of Cupertino Entitled Orange Avenue 92-03 Date: February 1992 All that certain real property situated in the County of Santa Clara, State of California, described as follows: shcw ^ +"NA ce4, ,�+ Beginning at a point on the Westerly line of Orange Avenue alsobeing a Westerly boundary line of that certain annexation to the City of Cupertino entitled "Alcazar Ave. 80-49" by Res. #5601, distant thereon Northerly 158.42 feet from the intersection of said line of Orange Avenue with the centerline of Dolores Avenue; Thence from said Point of Beginning West 100.15 feet to the Easterly boundary line of that certain annexation to the City of Cupertino entitled "Dolores Avenue 86-04" by Res #7144; Thence North 60.00 feet to the Northwest corner of lot 147 also being a Southwest corner of the 9ei4 annexation to the City of Cupertino entitled "Alcazar Avenue 88- C OV" by Res. #7699; J ' Thence running along the Southerly boundary line of said annexation East 100.15 feet.to the Northeast corner of lot 147 also being a Westerly line of Orange Avenue o and Westerly boundary line of said annexation to the City of Cupertino entitled "Alcazar Avenue 80-49" by Res. #5601; Thence along the said l outh 60.00 feet to the Point of Beginning.q0VjUjnj0hb Northerly 60 feet of lot 147 as laid down, designated and delineated upon that certain Map entitledif"Map of Subdivision "A" Monta Vista" and which said map was recorded in the Office of the County Recorder of the County of Santa Clara, State of California, on April 11, 1917 in 11esiE P of Maps, page 20. Containing: 6,009 square feet, more or less 0.13 acres, more or less APN: 357-14-039 By: H.B. EXISTING ANNEXATION EXISTING ANNEXATION , DOLORES AVE. 86-04 ALCAZAR AVE. 80-49 — RES. # 7144 RES. # 5601 d i APN 35 --14-039 SCALE: 1"=30' .• LOT-147 Q4 " A 6,009 sq. Ft. o j 0.13 acres' o > Zxm �y C Ott w m W Vl� N � FF�r I N 0 �xm o SAP V,01a 1120 w<<w a 4 ' � I � 2 POB 0' Q NORTH SO TH J 136.42' -K— EXISTING ANNEXATION 60.00' 2a' ALCAZAR AVE. 80-49 RES. # 5601 R A N G E NORTH r VA E N U E Lj AWADEN AVE OLIVE AVE. a a LEGEND: b a w SAN FERNANDO EXHIBIT B T ww AVE - = BOUNDARY LINE OF PROPOSED ANNEXATION PROPOSED ANNEXATION m ALCAZAR o AVE. TO THE CITY OF CUPERTINO — = BOUNDARY LINE OF ENTITLED ORANGE AVENUE 92-03 EXISTING ANNEXATION DOLORES AVE. SIT1E DATE: FEB. 1992 SCALE: 1' = 30' VICINITY MAP BY: H. BACUS REVISED: NOT TO SCALE CITY OF CUPERTINO LOTUS DEVELOPMENT & CONSTRUCTION, INC. 1086 1072 S.SARATOGA-SUNNYVALE RD. BLDG.A-107,SUITE 438 SAN JOSE,CA 95129 113511210 / /7 PAY TO THE ORDER ` X DOLLARS Hl Bank of America .. De Anza Square Branch W27 P.O.Boa 24W Sunnyvale,CA W57 II800 L086110- 1: L 2 L000 3 SB1: 09 2 76.11 L 3 2 L Sit' LOTUS DEVELOPMENT& CONSTRUCTION, INC. 1087 1072 S.SARATOGA-SUNNYVALE RD. BLDG.A-107,SUITE 438 SAN JOSE,CA 95129 p , 11 3511210 PAY TO THE ` ORDER F DOLLARS lfl Bank of America" ' Do Anza Square Branch 0927 P O.Box 2400 1 Sonnymle,CA 94087 "ROO LOB Wo 1: L 2 L000 3 Sao: 09 2 76111 L 3 2 L S9■ 0 CHICAGO TITLE INSURANCE COMPANY 110 West Taylor Street San Jose, California 95110 (408) 292-4212 LOTUS DEVELOPMENT AND CONSTRUCTION, INC. /0n g f ,' pc, PLU�va_&_ )�. DATE: November 15, 1991 I J ^^ � /109 f /2a__ y2� REF NO.: 10411 Orange Avenue O1'tQ , C/A . GJS/ aq` POLICY: 700790 -LAD In accordance with instructions in the above order number,we enclose herewith our Policy of Title Insurance as requested. Any documents recorded in connection with this transaction will be forwarded to you direct from the County Recorder's office. It has been our pleasure to have handled this transaction for you. If,at anytime in the future we may assist you,we shall be pleased to have you request CHICAGO SERVICE. . We appreciate your business. Sincerely, CHICAGO TITLE INSURANCE COMPANY SIFOlENC-M/07/9t DA CHIC*GO TITLE INSURANCE COMPANY SCHEDULE A :'our Reference: INC. , LOTUS DEVELOPM Policy Number: 700790 - LAD Policy Premium: $760.00 Policy Amount: $220,000 .00 Policy Date: November 7, 1991 at 8:00 A.M. 1. Name of Insured: LOTUS DEVELOPMENT AND CONSTRUCTION, INC. 2. Your interest in the land covered by this Policy is: A FEE 3. The land referred to in this Policy is situated in the County of SANTA CLARA State of California,and is described as follows: All that certain real property in the County of Santa Clara, State of California, described as follows: Beginning at a point on the Westerly line of Orange Avenue distant thereon Northerly 158.42 feet from the intersection of said line of Orange Avenue with the center line of Dolores Avenue; thence along said line of Orange Avenue Northerly 60 feet to the line dividing Lots 131 and 147, as shown upon the Map of Subdivision A Monts. Vista, hereinafter referred to; thence along the line dividing said Lots 131 and 147 Westerly 100.15 feet to the Northwesterly corner of said Lot 147, thence along the line dividing Lots 146 and 147 of said Subdivision A Monts. Vista Southerly 60 feet; thence leaving said dividing line and running parallel with the line dividing said Lots 131 and 147 Easterly 100.15 feet to the point of beginning and being the Northerly 60 feet of Lot 147 as laid down, designated and delineated upon that certain Map entitled, "Map of Subdivision "A" Monts. Vista", and which said Map was recorded in the Office of the County Recorder of the County of. Santa Clara, State of California, on April 11, 1917 in Book P of Maps, page 20. This Policy valid only if Schedule B is attached. e TAW a/e/eisc CHICAJ;O TITLE INSURANCE, COM JAiv Y SCHEDULE B • Policy NVmber: 700790 -LAD Your Reference: In addition to the Exclusions,you are not insured against loss,costs, attorney's fees and expenses resulting from: 1 . General and Special Taxes and Assessments, if any, for the fiscal year 1991-92 Assessment No. : 357-14-039 Code No. : 63-079 First installment: $1,499.32 Paid Second Installment: $1,499 .32 Payable But Not Yet Due Assessed valuation Of Personal Property: NONE Homeowners Exemption: $7,000 2. The Lien of Supplemental 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 . An easement affecting the portion of said land, the exact location thereof cannot be ascertained of record, and for the purposes stated herein, and incidental purposes, In Favor Of: Pacific Gas and Electric Company, a Corporation For: Right of way for the transmission and distribution of electricity Recorded: September 27, 1922 in Book 559 at Page 522 Of Deeds 4 . A Deed of Trust to secure an indebtedness of the amount stated herein, and any other obligations secured thereby Dated: October 28, 1991 Amount: $150,000.00 Trustor: Lotus Development and Construction, inc. , a California corporation Trustee: California Land Title Company of Santa Clara County, a California corporation Beneficiary: Steven Fox, A Single Man Recorded: November 7; 1991 in Book None at Page None of Official Records Instrument No. : 11125489 Return Address: P.O. Box 3683 Stanford, CA 94309 Loan No. : None shown 5. A Deed of Trust to secure an indebtedness of the amount stated herein, and any other obligations secured thereby Dated: October 28, 1991 ALTAFP94/6/91SC Policy No: 700790 - LAD Page 2 • SCHEDULE B � (continued) Amount: $225, 000.00 Trustor: Lotus Development and Construction, Inc. , a California corporation Trustee: California Land Title Company of Santa Clara County, a California corporation Beneficiary: Steven Fox, A single man Recorded: November 7, 1991 in Book none at Page none of Official Records Instrument No. : 11125490 Return Address: P.O. Box 3683 Stanford, CA 94309 Loan No. : None shown 6. A Deed of Trust to secure an indebtedness of the amount Stated herein, and any other obligations secured thereby Dated: October 28, 1991 Amount: $125,000.00 Trustor: Lotus Development and Construction, Ine. , a California corporation Trustee: California Land Title Company of Santa Clara County, a California corporation Beneficiary: Steven Fox, A Single Man Recorded: November 7, 1991 in Book none at Page none of Official Records Instrument No. : 11125491 Return Address: P.O. Box 3683 Stanford, CA 94309 Loan No. : None shown LD/cg 9CHE0B06/s/91S0 , Off.CC Of COUNTY ASSC64V11 - SANT.A CLARA CUUNTT, CALIWANIA OOOR fAOC�- 357 14 15 I . l•/J lT/f/ SUBDIVISION "A• MONTA VISTA , Y•JO/Jf0 —AVENUE— %—ALCAZAR Irlp I9.T INIe L.. � — lNII_! rNN IIlN� AC/. .een nwH , .W.p wan wens �ee,f won N.or /• Q N I � Y•JO/Jf0 32 L4 LT j Sr Ss I I I s I10 I — ___. I]e 13T 1]a I 135 I-- s 133 IA I!I , A_____T-----*---------y______.__�______..__ o 1. W 141 1K 143 lai PCL?8 -- OCL10B I47zw 1OZ �e I 'a' 4> Z.= 3/ I39 57 1 54 tQ I e 100, ' 0.2:AC. 0.101APic FL C. Q 29 2B 27 2{' I 2�' __� r+0 1 I j 22 • 12 •� " i - 0.17•C. R se sons qes wo.n roo, 10���•, _ ro s0 . 19 •:IDOL0RES 's '�l'! P.M601M•20 N.573 M•37- AVE. 4/217 .Arl wo.n ..��.. wo.n IO°.IS Ieeas IOo.H WI r a s: 47/6 .0 40 :� 45 46 pN L5 A A ' - ISS 154 ; 153 $;A 152 ' 151 ISO 149,ee It sp's IST Ise I53 1a2 :A 20 C W $ 5215e �/ ' 9 I� 7 §�I :e 49 _ 4P al ?/ ^1 n= Z •�}: I40.IT9:IT0•ITT,r 174r•_.___IT__S__A...••IT+�_.___IIT�s .,;1_)_2 r 17I 1I70 -PC�L.A-�I �• :11f O"- --"_- -" 64K !r e tt_R. J i'sd_' 451 .I 3 4• y n sa•nons,•Tweun'e Iee.rt :+tm' men bsVt I°an Inw ae,;,.^ eR tsr.; ao se It ise.ww•n e g Nsn lNer rn, anu nu, um rrlri a j --- --=�—MICLELLAN —ROAD 4 y n P.M 428-M.3 ./ 5 R.O.S. 571144 B e a u BK = 356 E" City of Cupertino (408)252-4505 10300 Torre Avenue Cupertino, CA 95014 PETITION for proceedings pursuant to the CORTESE-KNOX LOCAL GOVERIA= 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 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 1985) . 2. The proposed change of organization is designated as: "Orange Ave. 92-03" and consists of: X annexation to The City of Cupertino detachment from (name City/District) of •13 (number of) acres on the W (n/s/e/w) side of Orange Ave. (Street/Avenue) between Alcazar Ave. (Street/Avenue) and Dolores Ave. (Street/Avenue) and (if applicable) _ annexation detachment of the same to/from (nacre City/District(s) ) 3. A metes and bounds description of the exterior boundaries of the territory(ies) included in the proposal, marked Exhibit A, and a map of 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) uninhabited. 5. This proposal X is consistent with the Sphere of Influence is not of the affected city and district(s) . 6. The reasons(s) for the proposed annexation (annexation, detachment, reorganization, etc.) is/are: To procure City services. Cupertino: Annexation Petition -2- 7. It is desired that the proposed change of organization or reorganization be made subject to the following terms and conditions: 8. The person(s) signing this petition has/have signed as (check one) : _ owner(s) of land within the affected territory. _ registered voter(s) within the affected territory. 9. The undersigned proponent(s) _ do own 100% of the territory do not proposed for change of organization or reorganization. Wherefore, petitioner(s) request(s) that proceedings be taken in accordance with the provisions of Section 56000 et seq. of the Government Code and herewith affix signature(s) as follows: CHIEF PETITIONERS (not to exceed three) Signatures of Petitioners (Please rint) Assessor's Election LNrCOw Street Address Parcel or Precinct Date si City/State/Zip No.* No.** 72 S Saratoga/Sunnyvale Rd . 1-17 �B A107 Ste . #438 e Bar AV .Jose , CA 95129 357-14-39 cSZ . O 973 - 9030 Phone: (_) - Phone (_) _- * - For proposals involving uninhabited territory or for landowner-initiated proposals. ** - For proposals involving inhabited territory or for resident-voter initiated proposals. City of Cupertino (408)252-4505 10300 Torre Avenue Cupertino, CA 95014 SUPPLEMENTAL APPLICATION FOR MUNICIPAL AND/OR DISTRICT CHANGE OF orcANIZATION OR RmRGANIZATION OF TEU=ORY 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 meal Government Reorganization Act of 1985 (Government Code Sect. 56000 et seg.) PROPOSAL DESIGNATION: "Orange 92-03" Detachment to/from City of Cupertino Reorganization) (City or Spec. District) ENVIRONMENTAL STATUS OF PROPOSAL X City of Cupertino , as I,--ad Agency for environmental review (Name of City/District) of the project, has already Prezoned (prezoned? other approval action?) the territory on June 4, 1984 , and in compliance with CEQA, has: (date) _ determined that the annexation is categorically exempt from provisions of CEQA pursuant to Cal.Adm.Code Sec. (cite class exemption section) . ccupleted an Initial Study and Negative Declaration for the annexation, a copy of which is attached to this application. completed a Final EIR for the annexation, a copy of which is attached to this application. _ City of Cupertino City Council is to be Lead Agency for the environmental review of the project and the completed Environmental Information Form required by Planning staff is attached to this application. (Planning staff phone: (408) 252-4505.) Proposal is categorically exempt from provisions of CEQA pursuant to Cal. Adm. Code Sec. because CHARACTERISTICS OF THE AREA 1. Number of acres -r 3 2. Number of inhabitants 4 3. Number of registered voters 2 4. Number of dwelling units 1 5. a. What is the present use of the area (be brief, but specific) : SINGLE FAMILY HOMES b. Indicate the parcel numbers of those parcels, if any, which are under contract 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? 6. a. For city annexations what is the prezoninJ that has been applied by the city to the affected area (Note: Prezoning is a filing 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 proposed for the territory, if any, and when this development is expected to begin. NEW SINGLE FAMILY HOME - THIS NEW HOME IS READY TO RR BUILT AT TUIs TIME. B. Do the boundaries of the subject territory conform to lines of assessment and ownership? YES_ NO If NO, please explain the reason for non-conformity and provide justification for approving the boundary change as proposed: Suppl. Appl. -2- 9. Do the boundaries of any proposed city annexation create an island, corridor or strip of unincorporated territory? YES_ NO X If YES, answer the following questions: a. Number of acres in the island, corridor or strip? (If more than one island is being created, indicate the acreage of each island.) b. Number of inhabitants? C. Assessed value? d. Iand 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/detac2ment/reorganization in the City or District's urban service area: YES X NO 11. If new development is proposed on the site, will this new development be permitted without community sewage discharging into an existing sanitary sewer system and disposal plant? YES_ NO X If YES, what arrangements will be made to provide sewage disposal? 12. Will the extension of sewerage and/or water services or the construc- tion of any public improvements to the affected territory be fin- anced 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: $ Syr. for _ yrs. $ /yr. for _ yrs. Supp. Appl. -3- • • 13. List all cities, special districts, (including school districts) and County Service Areas located within the area of this proposal. (Exclude Santa Clara County Water District, San Francisco Bay Area Air Pollution Control District, County Library Zone, and Water Isq:)ortation.) (Refer to County Tax Rate Code Book for this information) : Cupertino Elementary School District Cupertino Sanitary District Fremont High School District Mid Peninsula Open Space District Foothill Community College District LANDOWNERS AND REGISTERED VOTERS 14. Please provide the information requested below: a. Owners of land* within the proposed annexmtoin/detaclmwnt/reor- ganization who consent to this proposal should show their consent by signing aril 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 lard (not improvements) valuation, and, if 100% property-owner consent has been obtained, certification by City Clerk mist be added prior to consideration. Hearing not required if 100% property owner consent is obtained. Assessed Signature Street Address/ Parcel Value of Date (Print name below) Citv/State/Zip Tel. No. No. Land See Petition Barre Barnes 1072 S. Saratoga-Sunnyvale Rd. 357-1"9 San Jose, CA 973-9030 (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 agreement of sale, any person shown therein as purchaser, and any public agency Owning land." Government Code Section 56048. Stipp. Appl. -4- C=FICATE OF CTPY CLERK (Required for 100% Consent Proposal) I CEEtZrIFy that I have checked the number of Owners of property located within the annexition/detachmnt/reorganization proposed by this application and that the _ (number) signatures above represent all of the owners of property included in this proposal. I FLJIU= CE=FY that, pursuant to Goverrunent Code Section 56839, the City will make determinations on this proposal without notice or hearing. Date: City Clerk (Seal) City of Cupertino 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 are not required. Hearing will be held for less-than-l00%-consent applications. Street Address Street Address Name City/State/Zip Name City/State/Zip (If additional space required, continue list on separate sheet & attach.) C. FOR NOT-100% ODNSENT pROpoSALs, list all registered voters residing in the territory proposed for annexation/detachment/re- organization if different from the landowners shown in 14a. and 14b. above. Street Address Street Address Name CitV/State/Zip Name City/State/Zip (If additional space required, continue list on separate sheet and attach. ) supp• Appl. -5- 15. Print or type the name and address of officers or persons, not to exceed three in number, who are to receive copies of the Director of Community Development's Report and mailed Notice of Hearing (in addition to the Clerk/Administrator of each affected city or district) : Street Address Name City/State/Zip (1) (2) (3) 16. I hereby certify that all IAFCO 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 (Print name of person complete- Cupertino CA 95014 ing this application) (Address) 2-4 -92 (Signature) NOTE: It is a general IAFCO 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. ( t City of Cupel•1 [no . Nft(:A9•IVI.' DR.CLARA'1.111N- May 21 . 191114 As provided by III,. Iilivirunmenl:ll Assess:nu•ul Proeedure, adopted by life Cily 01111c11 of the City of INIperI inu fill ma rb 27, 1971, fir, amended , the lot lowhll., desrr [ht'd pl'ujerl was }•railed :I Nrgnt [ve Devlaral ion by the Oily Council of life laity fir Cuperttno fin Mav 71 , 1984 . I'rn jr,_t DesI-ripl i,m and Leral _iva Appl halt im, 4-I•:A-!t4 Appl iv;ml Cily „1 Cillwrl flm, (old Maul ❑ vis;la area) Lest ion : Couernl Iv buuodvd by Cranadn Avenue lot the n,u'lIt, Imper [.II Avenue to t he eater , M,•CIe11an Road to the suulIs and by the wevlel ly bfiundary of the Illarkberry p.n nl Coll Course to) the West . Dincre_l iuu_ary Art [fin I(equesl : Prezmne and rezfim. approximately 91 arrp!; wilhlu tile (lilt Noma Vis;t:l area In 141 -R (Ilosidenlial Single-faulilv) , 1'1 -7.5 (Res Weill Lai Single-fmnllv) , 1' (I'lanned I)evelr,pmonl with a Residential 4.4-12 dwelllilt, mills poi' gross acre) , P (I'I;unu•d hevelopnlenl wills :I Residenl ial 4 .4-7.7 dwell [n); finds per grfiss arre) , 1' (1'launed llovelopna•nl Willi Llghl Indnslr [al and Ri-nideul ial ) , P (I'lanned D,•velopnviiI with Agrirmllm'e/RerreaI tonal ) , mill lit) (I'ublir Bo I I Ill i Ill'.) Zion Ill l; d [slrirlla. 1°[udinl_s-fir Devisifill nf_ RodY The CIIY CamnriI grained a Nogat ivo Derl:n-:Il ion since Igo pro,ierl Is rour.islenl w[ lh the Coneral 1'I;ut :Ind has not signil haul emvironmrnlnl Iotparls. .I:ulx•s II . Sisk I'innnlnl; Ilirrelol. This is to certify that the above Negative Declaration was filed in the office of the City Clerk of the City of Cupertino on May 22, 1984. A ' � eoty City Clerk A Initial Study City of Cupertino Environmental Assessment Procedures E. A. File Number(s) 4-I•:A-84 Application File Number(sj 1-7.-84 Date February 27, 1984 The California Environmental Quality Act of 1970, as amended, requires public agencies to evaluate public and private projects to determine their poteneial impact on the environment. This worksheet is intended to provide guidance for both you, the applicant, and City officials in assessing a proposed project to determine whether it may or may not have a significant impact on the environment. If, based upon the information provided below, the City makes a determination that your project may have a significant impact on the environment, you will be required to prepare an Environmental Impact Report as provided by State law and the City of Cupertino 's Environmental Assessment requirements. Detailed information regarding the environmental assessment procedure is avail- able from the Director of Planning and Development. Part I Information to be completed by the Applicant Project Type (Pre)Zoning L.•_`_l Tentative Map Other Use Permit = Variance Old M011LQ Vista Area genera y ounces y rani a venom ue to the nor T imperial Location Avenue to the east, McClellan Road to the sc th and by the westerly boundary of the aUKUULIY Farm U011 Lourse o e 7MM Applicant City of Cupertino Address of Applicant 10300 Torre Avenue, Cupertino, CA 95014 phone (408) 252-4505 General Description of Project Prezone and rezone the above areas to zoning districts consistent with the General Plan . The ro cct site contains approximately 97 acres. Rev.7/8/80 -1- Description of Project (cont 'd. ) Specific Details of the Project I. Size of Site NSA 2. Intensity of Development (a) If residential: (1) Number of units per gross acre (2) Residential Unit Schedule : Owner- No. of Size Estimated Total Rental ship Bedrooms Sq.ft. Sales Price ( Number Unit type B1 Unit type 02 Unit type U3 Unit type 04 Unit type US TOTAL, (3) Percentage in area of building coverage Percentage in area of recreational open space (4) Parking required Parking proposed (b) If commercial, industrial, or institutional: (1) Building square footage (2) Percentage of building coverage of site (3) Estimate of maximum number of employees per shift (4) Parking required Parking proposed -2- Ouestions Related to Potential Impact of Project a• Social/Cultural Impacts : Yes Pfavbe No (1) Will the proposed project result in the dis- placement of people? X (2) Will the project alter the employment base of the community? X (3) Will the project alter the housing needs of the community? X (4) Does the proposed project affect a historical or archaelogical site? X (Note 1) 8. Physical Impacts: (Pai;e 4) (1) Will the project result in a change of a natural body of water, vegetative cover, or land form? X (2) Will the project result in a change in a scenic view or vista from existing residential area or public lands or roads? X (3) Will the project change the development pattern, scale or character of general area of project? X (4) Will the construction and/or operation of the project result in significant amount of solid waste, litter, dust, ash, smoke, fumes or odors in the vicinity? X (5) Will the project result in a change in stream or ground water quality or quantity or altera- tion of existing drainage patterns? X (6) Will the project substantially change existing noise or vibration levels in the vicinity? X (7) Is the project site on filled land or on slope of 10% or greater? X (8) Does the project involve the use or disposal of potentially hazardous materials such as toxic substances, flammable or explosive? X (9) Is the project a phase of an existing or future larger project or series of projects? X -3- Description of the environmental Settin Provide the following information on a separate attachment : (_) Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals , and any cultural , historical or scenic aspects. Describe any existing structures on the site, and the use of structures. A plot plan may be required for the description. (2) Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects . Indicate the type of land use (residential , commer- cial, etc. ) , intensity of land use (one-family, apartment houses, shops, department stores, etc. ) , and scale of devel- opment (height, frontage, set-back, rear yard, ecc. ) . CERTIFICATION; I hereby certify that the statements furnished above and in the attached exhibits present the data and infor- mation required for this initial evaluation to the best of my ability, and that the facts, statements, and information pre- sented are true and correct to the best of my knowledge and belief. DateM (Signature) For_6" tT-/ C.(JGe-02en a (1 ) The project site is comprised of existing urban development including, a acre gulf course and picnic Ground recreation complex. The entire area has general historic value. A few structures may have greater historical value as separate entities. The recreation complex is located in Lbe 100-year event flood plan for Stevens Creek. (2) The project area is bordered by the Old Konta Vista Commercial District to the north, by the West Valley Industrial Park to the east and by single-family residential neighborhoods to the south and west . -4- Part I I Information to be completed by City Officials A. Primary General Plan Considerations: Yes "Savbe No (1) Is the project in violation of the City of Cupertino ' s adopted General Plan? Y (2) Will the project burden public utilities and services? (a) Fire and police services x (b) Parks and recreation system x (c) Schools x (d) Water system x (e) Sever system x (f) Storm system x (g) Solid waste x (3) Is the project side outside of the Urban Ser- vice Area of the City as defined by Santa Clara County Local Agency Formation Commission? x B. Social/Cultural Impacts: (1) Will the proposed project result in the dis- placement of people? x (2) Will the project alter the employment base of the community? x (3) Will the project alter the housing needs of the community? x (4) Does the proposed project affect a histori- cal or archaelogical site? x (S) Will the proposed project eliminate an existing recreational use at the project site? x (6) Does the proposed project decrease public access to any public body of water or recrea- tional area? x (i) Will the proposed project alter the location, distribution, density or growth rate of the human population of an area? x -S- (8) Will the project result in: Yes Mavbe Vo (a) The disturbance of a natural or man-made feature in the project area which is unique? X (b) The obstruction of a scenic vista open to the public? X C. Physical Impacts : (1) Will the proposed project result in the exposure of people or property to geologic hazards such as earthquakes, landslides , mudslides, ground failure or similar hazards? X (2) Will the proposed project result in: (a) Unstable earth conditions or changes in geologic substructures? X (b) Disruptions, displacements, compaction or overcovering of the soil? X (c) Change in topography or ground surface relief features? X (d) The destruction, covering or modifica- tion of any unique geologic or physical feature? X (e) Any increase in wind or water erosion of soil, either on or off the site? X (3) Will the proposed project result in: (a) Substantial air emissions or deterioration of ambient air quality? X (b) The creation of objectionable odors? X (c) Alteration of air movement, moisture or temperature, or any change in climate, either locally or regionally? X (4) Will the proposed project result in: (a) Changes in absorption rates, drainage patterns or the rate and amount of surface water runoff? X (b) Alterations to the course or flow of flood waters? X (c) Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, diasolved oxygen or turbidity? X -6- Yes Mavbe Ao (d) ,Alteration of the direction or rate of flow of ground water? X (e) Change in the quantity of ground waters, either through direct additions or wich- drawals , or through interception of an aquifer by cuts or excavation? X (f) Substantial reduction in the amount of water otherwise available for public water supplies? X (g) Exposure of people or property to water- related hazards such as flooding or tidal wave. X C5) Will the proposed project result in: (a) Change in the diversity of species, or number of any species of plants (including trees, shrubs , grass, crops, and aquatic plants? X (b) Reduction of the numbers of any unique, rare or endangered species of plants? X (c) Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? X (d) Reduction in acreage of any agricultural crop? X (e) Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms or insects)? X (f) Reduction of the numbers of any unique, rare or endangered species of animals? X (g) Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? X (h) Deterioration to existing fish or wildlife habitat? X (6) Will the proposed project result in: (a) Increase in existing noise levels? X (b) Exposure of people to severe noise levels? X (7) Does the proposed project significantly affect the potential use extraction or conservation of a scarce natural resource such as agricultural land, a mineral deposit, or woodland? X -7- Yes Xavbe No (a) Will the proposed project involve the use, storage, or disposal of hazardous materials? X (9) Will the proposed project result in: (a) Use of substantial amounts of fuel or energy? X (b) Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? X (10) Will the proposed cr:jet�c result in: (a) Generation of substantial additional vehicular movement? X (b) Effects on existing parking facilities, or demand for new parking? X (c) Substantial impact upon existing transporta- tion systems? X (d) Alterations to present patterns of circula- tion or movement of people and/or goods? X (a) Alterations to waterborne, rail or air traffic? X (f) Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? X (11) Mandatory Findings of Significance: (a) Does tKe project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species , cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, 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 history or prehistory? X (b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (a short- term impact on the environment is one which occurs in a relatively brief, definitive period of time, while long-term impacts will endure into the future. ) X -8- ' • • Yes Xavbe No (c) Does the project have impacts which are individually limited, but cumulatively con- siderable? (A project may impact on two or con- * separate resources where the impact on each resource is relatively small , but where the effect of the total of those impacts on the environment is significant. ) X (d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X Discussion of Environmental Evaluation (Note: Use additional sheets if necessary. ) Determination: On the basis of this initial evaluation, the Environmental Review Committee finds: _I That the proposed project COULD NOT have a significant effect on the environ- ment, and therefore recommends the GRANTING OF A NEGATIVE DECLARATION. n That, although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because of the mitigation measures described on an attached sheet have been added to the project. It is recommended that A NEGATIVE DECLARATION BE PREPARED. �i That the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Dace V �. roan, Environmental Review Committee For -9-