89,309 Orange Ave (Barnes) 92-03 1
89,309 Orange Avenue (Barnes) _
Annexation 92-03
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No. 66430
DATE 1 -/ / 19
RECEIVED
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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
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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
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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-