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89,313 CHUNG/JIAN CHEN 93-01 ' Fernando ,� Y ✓t f 3 CITY OF CUPERTINO i RECEIPT • No. 72117 DATE „% 19`�! RECEIVED • FROM t t 1 rlk2:,�.� • T- 1 ADDRESS S�j Y CASH CHECK MONEY ct ORDER • DOLLARS CENTS • x -77 ICE, • i • 1 S':'tTJ - �I • i • • RECEIVED . Y h v • 6Y CP N BUSINESS SYSUIM 1(d15)16.1 `I • �q, 3/3 i RESOLUTION NO. 8879 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING DETERMINATIONS AND APPROVING THE ANNEXATION OF TERRITORY DESIGNATED "SAN FERNANDO AVENUE 93-0111, APPROXIMATELY 0.30 ACRE LOCATED ON THE EAST SIDE OF SAN FERNANDO AVENUE BETWEEN SAN FERNANDO COURT AND BYRNE AVENUE; CHEN (APN 357-12-021) WHEREAS, a petition for the annexation of certain territory to the City of Cupertino in the County of Santa Clara consisting of 0.30 acre on the east side of San Fernando Avenue (APN 366-03-051) has been filed by property owners Chung-Song Chen and Jian-Pyng Chen; and WHEREAS, on April 19, 1993, the City Council adopted resolution No. 8865 initiating proceedings for annexation of the area designated "San Fernando Avenue 93- 01; 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 heating; 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: Resolution No. 8879 1. That it is the conducting authority pursuant to Section 35150.5 of the Government Code for the annexation of property designated "San Fernando Avenue 93-01", 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 0.30 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 of 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 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. It. That the County Surveyor has determined the boundaries of the proposed annexation to be definite and certain, and in compliance with the Commission's 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. 2 Resolution No. 8879 I. 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 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 17 th day of May 1993 by the following vote: Vote Members of the Lit + Council AYES: Dean, Goldman, Koppel, Sorensen, Szabo NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Dorothy Cornelius _ /s/ Nick Szabo City Clerk Mayor, City of Cupertino 3 aEXELD31T A" "San Fernando Ave. 93-01" All that certain real property situate in the County of Santa Clara, State of California, more particularly described as follows: Beginning at the southeast corner of Tot 37 as shown on "Tract No. 198, Stevens (reek Subdivision, Map No. 3", which map was filed for record in the Office of the Recorder of Santa Clara County in Volume 7 of Maps, at page 14: Thence from said Point of Beginning WEST, 172.68 feet to the westerly boundary line of San Fernando Avenue; Thence along a curve to the left, with a radius of 20.00 feet, through a central angle of 3000010011, and an arc length of 10.47 feet; Thence NORTH, 110.00 feet along the westerly boundary line of San Fernando Avenue to the southerly boundary of that certain annexation to the City of Cupertino entitled "San Fernando Ave. 84-01"; Thence FAST, 50.00 feet along the southerly boundary of said annexation to the easterly boundary line of San Fernando Avenue; Thence SOUTH, 60.00 feet to the northwest corner of Tot 37 as shown on said "Tract No. 198, Stevens Creek Subdivision, Map No. 311; Thence EAST, 120.00 feet to the northeast corner of said lot 37; Thence SOUTH, 60.00 feet to the Point of Beginning. Containing: 0.30 acres, more or less. A.P.N. : 357-12-021 3/93 STEVENS CREEK BLVB. GRANADA ® ISi AVENUE a HERMOSA a 4 z W AVENUE p LOMITA � a W < Z � a O EXISTING ANNEXATION m ALMADEN AVE OLIVE "SAN FERNANDO AVE. 64-01" RES. 6276 AVE. FERNANDO AVE. . I SITE SCALE: V = 60' EAST _ _ - - _ _ _ VICINITY MAP /sa o' TOTAL ACREAGE = 0.30 ACRES NOT TO SCALE o TOTAL SQUARE FEET - 13,206 S.F. L Q T 37 d o / EAST z 120.00' / Ill Q'o o o LEGEND: = 30'00'00' 'oa APN 357-12-021 $ BOUNDARY LINE OF R = 10.47. L 0.47" 0% PROPOSED ANNEXATION BOUNDARY LINE OF = 172 68' EXISTING ANNEXATION ix SAN FERNANDO CT. U. TRACT 198 ' POB wEST - -� 7-M-14 EXHIBIT B I PROPOSED ANNEXATION TO THE CITY OF CUPERTINO ENTITLED SAN FERNANDO AV 93-01 DATE: MARCH 1993 SCALE: 1" = 60' BY: K. RIEDEN REVISED: Countyof Santa Clara GO i IV Department of Planning and Development PUBLIC WORKS ���`� f�X office of the County Surveyor ` County Government Center. East wing APR 1 4 1993 70 west Hedding street \ San Jose,California 951 10 (408)299-2871 April 7, 1993 Dorothy Cornelius, City Clerk City of Cupertino P. O. Box 580 Cupertino, CA 95015 The attached map and description dated March, 1993 of territory proposed for annexation to the City of Cupertino entitled SAN FERNANDO AVENUE 93-01 is in accordance with Government Code Section 56826. The boundaries of said territory are definite and certain. The proposal is in compliance with the Local Agency Formation Commission's road annexation policies. JAMES F. SIRR, Manager/County Surveyor Martin D. Marcott Deputy County Surveyor Attachment cc: LAFCO Executive Officer (w/attachment) --..j Kevin Rseder) Roard of Supervisors: Michael M. Honda. Zoe Lofgren. Ron Gonzales. Rod Diridon. Dianne McKenna county Executi%e:Sally R. Reeti • sEXETISTT Am "San Fernando Ave. 93-01" All that certain real property situate in the County of Santa Clara, State of California, more particularly described as follows: Beginning at the southeast corner of Tot 37 as shown on "Tract No. 198, Stevens Creek Subdivision, Map No. 311, which map was filed for record in the office of the Recorder of Santa Clara County in Volume 7 of Maps, at page 14: Thence from said Point of Beginning WEST, 172.68 feet to the westerly boundary line of San Fernando Avenue; Thence along a curve to the left, with a radius of 20.00 feet, through a central angle of 3000010011, and an arc length of 10.47 feet; Thence NORTH, 110.00 feet along the westerly boundary line of San Fernando Avenue to the southerly boundary of that certain annexation to the City of Cupertino entitled "San Fernando Ave. 84-01"; Thence FAST, 50.00 feet along the southerly boundary of said annexation to the easterly boundary line of San Fernando Avenue; Thence SOUTH, 60.00 feet to the northwest corner of Tot 37 as shown on said "Tract No. 198, Stevens Creek Subdivision, Map No. 3"; Thence EAST, 120.00 feet to the northeast corner of said Lot 37; Thence SOUTH, 60.00 feet to the Point of Beginning. Containing: 0.30 acres, more or less. A.P.N. : 357-12-021 3/93 STEVENS CREEK BLVD. GRANADA AVENUE < -�� HERMOSA < < z 4 < - AVENUE wo LOMITA < z < EXISTING ANNEXATION m ALMADEN AVE OLIVE "SAN FERNANDO AVE. 84-01" RES. 6278 AVE. I f F RNAN. gP� A i a*— SITE SCALE: 1' = 60' E T - - - - - - - VICINITY MAP 80 ' TOTAL ACREAGE - 0.30 ACRES NOT TO SCALE TOTAL SQUARE FEET - 13.208 S.F. LOT 37 c EAST I{! 120.00' >j LEGEND: ". P/��12-0 1 $ = 3000'00' A g /� g BOUNDARY LINE OF R s 20.00' PROPOSED ANNEXATION L - 10.47' WET BOUNDARY LINE OF 172.58' EXISTING ANNEXATION SAW FERNANDO CT. IL "TRACT 198" POB - -� 7-M-14 WEST V) EXHIBIT B I PROPOSED ANNEXATION TO THE CITY OF CUPERTINO ENTITLED SAN FERNANDO AV 93-01 DATE: MARCH 1993 SCALE: 1" = 60' BY: K. RIEDEN REVISED: • "EW= A" "San Fernando Ave. 93-01" All that certain real property situate in the County of Santa Clara, State of California, more particularly described as follows: Beginning at the southeast corner of Lot 37 as shown on "Tract No. 198, Stevens Creek Subdivision, Map No. 311, which map was filed for record in the Office of the Recorder of Santa Clara County in Volume 7 of Maps, at page 14: Thence fron said Point of Beginning WEST, 172.68 feet to the westerly boundary line of San Fernando Avenue; Thence along a curve to the left, with a radius of 20.00 feet, through a central angle of 3000010011, and an arc length of 10.47 feet; Thence NORTH, 110.00 feet along the westerly boundary line of San Fernando Avenue to the southerly boundary of that certain annexation to the City of Cupertino entitled "San Fernando Ave. 84-01"; Thence EAST, 50.00 feet along the southerly boundary of said annexation to the easterly boundary line of San Fernando Avenue; Thence SOUTH, 60.00 feet to the northwest corner of Lot 37 as shown on said "Tract No. 198, Stevens Creek Subdivision, Map No. 311; Thence FAST, 120.00 feet to the northeast corner of said Lot 37; Thence SOUTH, 60.00 feet to the Point of Beginning. Containing: 0.30 acres, more or less. A.P.N. : 357-12-021 3/93 STEVENS CREEK BLVD. GRANADA W� AVENUE a HERMOSA a a z 4 a w AVENUE W LOMITA < z a T EXISTING ANNEXATION m ALMADEN AVE OLIVE d "SAN FERNANDO AVE. 84-01" RES. 6278 AVE. I F RAN 0 I �P� A . ' SI TE SCALE: 1" = 60' EAST 50 0' - - - - - VICINITY MAP TOTAL ACREAGE = 0.30 ACRES NOT TO SCALE g TOTAL SQUARE FEET = 13,208 S.F. eLOT 37 o /o � EAST LEGEND: o = 30ro0'00" �- � APN 357-12-021 p R = 20.00, = BOUNDARY LINE OF L = 10.47' PROPOSED ANNEXATION WET — — — = BOUNDARY LINE OF 17268' EXISTING ANNEXATION SAN FERNANDO CT. U. "TRACT 198" POB wEsr - 7-M-14 EXHIBIT B PROPOSED ANNEXATION TO THE CITY OF CUPERTINO ENTITLED SAN FERNANDO AV 93-01 DATE: MARCH 1993 SCALE: 1" = 60' BY: K. RIEDEN REVISED City of Cupertino (408)252-4505 10300 Torre Avenue Cupertino, CA- 95014 PETITION for proceedings pursuant to the CORTESE-KNOX LOCAL GOVET2PII= 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: "San Fernando 93-01" and consists of: X annexation to The City of Cupertino detachment from (name City/District) of . 165 (number of) acres on the E (n/s/e/w) side of San Fernando Avenue (Street/Avenue) between San Fernando Court (Street/Avenue) and Byrne Avenue (Street/Avenue) and (if applicable) _ annexation _ detachment of the same to/from (name 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 lard 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 print) Assessor's Election name below Street Address Parcel or Precinct Date signature) City/State/Zip No.* No.** 3S7-12- 2/ S+i Cti J-So U ehen Ph ne: (!cam) dLd -/,&2 e�-� //.t-75- Da/r Sn,: 3.f7-/2-2/ Ph ne: (_) _- Jinn 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 SUPPLF24Ec1TAL APPLICATION FOR MUNICIPAL AND/OR DISTRICT CHANGE OF ORGANIZATION OR REORGANIZATION OF TEITMTORY This supplemental application must be completed in full and submitted with any petition to the City for a change of organization (annexation or detachment) or reorganization (multiple annexations and/or detachments) made pursuant to the Cortese-Knox Local Government Reorganization Act of 1985 (Government Cade Sect. 56000 et seq.) PROPOSAL DESIGNATION: San Fernando 93-01 Annexation ) Detachment ) to/from City of Cupertino Reorganization) (City or Spec. District) ENVIRONMENPAL STATUS OF PROPOSAL X City of Cupertino , as Lead 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 ccanpliance with CEQA, has: (date) _ determined that the annexation is categorically exert from provisions of CEQA pursuant to Cal.Adm.Code Sec. (cite class exemption section) . X completed an Initial Study and Negative Declaration for the annexation, a copy of which is attached to this application. ccupleted 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 ocapleted 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. Acts. Code Sec. because CHARACTERISTICS OF THE AREA 1. Number of acres 0. 165 2. Number of inhabitants 4 3. Number of registered voters 0 4. Number of dwelling units 1 5. 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 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? None 6. a. For city annexations what is the prezoning that has been applied by the city to the affected area (Note: Prezoning is a filing requirement for city annexations) : R1-7.5 b. Does the applicant intern to propose a change in this zoning if and when the territory is annexed to the City? YES_ NO X If YES, indicate the new zoning which will be sought. 7. For City or district annexations, describe the development being proposed for the territory, if any, and when this development is expected to begin. None S. 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 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. 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/detachment/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: $___/yr. 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 Importation.) (Refer to County Tax Rate Code Book for this information) : Cupertino Elem Sch District Cupertino Sanitary District Fremont High School District Mid-Peninsula Open Space District Foothill Community College Dist LANDOWNERS AND REGISTERED VOTERS 14. Please provide the information requested below: a. owners of land* within the proposed annexitoin/detactmient/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 names, addresses, etc. ) Assessor's parcel number, assessed land (not improvements) valuation, and, if 100% property-owner consent has been obtained, certification by City Clerk must be added prior to consideration. Hearing not required if 100% property owner consent is obtained. Assessed Signature Street Address/ Parcel Value of Date (Print name below) City/State/Zip Tel. No. No. Land See 10398 San (408 Petition Chung-Song Chen Fernando Ave 865-1802 357-12-21 $125,860 Cupertino CA See 10398 San same as Petition Jian-Pyng Chen Fernando Ave above 357-12-21 $125,860 Cupertino CA 95014 (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. supp• APpl. -4- CERTIFICATE OF CITY CLERK (Required for 100% Consent Proposal) I CERTLFy that I have checked the number of owners of property located within the annexation/detachment/reorganization proposed by this application and that the _ (number) signatures above represent all of the owners of property included in this proposal. I FiJRT[IER C=FX that, pursuant to Government 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-100%-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 Naar-100% CONSENT PROPOSALS, list all registered voters residing in the territory proposed for annexation/detadunent/re- organization if different from the landowners shown in 14a. and 14b. above. Street Address Street Address Name City/State/Zip Name City/State/Zip (If additional space required, continue list on separate sheet and attach. ) 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 LAFCO filing requirements will be met and that the statements made in this application are to the best of my knowledge accurate. Bert J Viskovich 10300 Torre Avenue (Print rime f n lete- Cupertino CA 95014 ing s a do (Address) 3 � o (Sign e) ( te) N It is a general LAFOC) filing requirement that a copy of this app icaon b tie 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. CHEN'S GOLDEN STAR INVESTMENTS 0592 1 31 LIMITED PARTNERSHIP 11595 OAK SPRING COURT CUPERTINO. CA 95014 9 N7412211 4, Ya C�otcnfa e¢ �zxti/.c Cara I $- 51 X YV ilk's S'sX TTY AMERICAN SAVINGS $,&BANK 20YJS SIevem Geer Bouieeare.S�neG et5laat00W ('� wn5 ytt;t Gatlbmia 9 l 1: 3 2 1 180 7481:075 734540SO", 0131 CHEN'S GOLDEN STAR INVESTMENTS 0592 0].3O LIMITED PARTNERSHIP 11595 OAK SPRING COURT CUPERTINO. CA 95014 90.w4ml1 / 19 g =w the L AFc o i $I - . TYrs AMERICAN SAVINGS ��BANK 201J551evem levara.Soile G ofsb000 aa0 MMf)Wl /1 O ,a, s F 1: 32118071.81:075 731. 5405011' Oi3 i • REC FEE _ RECORDING REQUESTED BY: - - qwdei the request of STEWART TITLE OF CALIFORNIA RMF _ STEWART TITLE ,/7 WHEN RECORDED MAIL TO: NiICkO Of CALIFORNIA Sf CHUNG-SONG CHEN TCF NOV 17 1992 JIAN-PYNG CHEN 8:06' 10398 SAN FERNANDO AVENU LIEN A.M. 6r, CUPERTINO CA 95014 [Tcl , PF Laurfe Kane Santa Clara Count , Recorder 5 ' GCOR y Otticial Records MAIL TAX STATEMENTS TO SPACE ABOVE THIS LINE FOR RECORDER'S USE SAME AS ABOVE _ - - Ar, 0 ESCROW NO. 35208749 A.P. No. 357-12-021 a c� GRANT DEED r" The undersigned grantors) declarels): City transfer tax is $ 0 .00 County Transfer Tax is b 324 . 50 Monument preservation fee Is $ IV IXX 1 computed on full value of property conve d, or ( 1 computed on full value less value of lien and encumbrances remaining at time of sale. ( I Unincorporated area: IXX ) City of CUPERTINO and FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, BRIAN R. FOSS, A MARRIED MAN AS HIS SOLE & SEPARATE PROPERTY hereb GRANTS to CR&G-SONG CHEN AND JIAN-PYNG CHEN, HUSBAND AND WIFE AS COMMUNITY PROPERTY the following described reel property in the City Of CUPERTINO County of SANTA CLARA , State of California. LOT 37 , "TRACT NO. 198 , STEVENS CREEK SUBDIVISION MAP NO. 3" FILED ON SEPTEMBER 8, 1941 , IN BOOK 7 OF MAPS, AT PAGE 14, SANTA CLARA COUNTY RECORDS. -75RIAN� .�5� DATE: November 12 , 1992 STATE OF CA Fu QRM1I{.--„ n 6 ClAlM�wl� COUNTY OF � Q,��Iy(' On I I �{ L� AA ff b� y��a re me, F..L'A V _L� 1 1 C// ' -'C' / pusonelly appeared �f-f[�1 ! = • peraemtly-krrow or proved to ma on the OOICIAL a(ba Kristen Arohlbalct Oasis of satisfactory avldence) to be the person(.) whose namap la re subscribed to the wl...n NoyM,xulI CAUFORN:A � SANTAWRACOUNTY Instrument and ac snow led ed to ma the tlh9A he/that,executed the fame In her/thelf authorl.ed yy Coese.EApm Nor•If•IWa capaclty(las)snd mat by b'har/their algnaattuurea)on the Instrument the person(%)or the entity I upon behalf of which the pereon(s) acted executed the Instrument. WITNESS my he and official Slenalure ��(_ � [� 1 (This area for olllCld notarial seal) Description of Project (cont 'd. ) Specific Details of the Project 1 . Size of Site N/A 2. Intensity of Development (a) If residential: (1) Number of units per gross acre (2) Residential Unit Schedule : MMTOTAL ated Total Price ( Number Unit type O1 Unit type 02 Unit type U3 Unit type A Unit type OS I. � (3) Percentage in area of building coverage Percentage in area of recreational open space (4) Parking required Parkin g 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- Questions Related to Potential ImOact of Project A. Social/Cultural Impacts : Yes lfavbe 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 communitv? X (4) Does the proposed project affect a historical or archaelogical site? X (Note 1) B. Physical Impacts : (Page 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 Setting Provide the following information on a separate attachment: (1) 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, etc. ) . 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 L"- t-r- f' (�f7¢�,Vo (1 ) The project site is comprised of e> isting urban development including n acre golf 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 recreatinn complex is located in the 100-year event flood plan for Stevons Creek. (2) The project area is bordered by the Old N.onta Vista Commercial District to the north, by the Wert 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 pfficials. A. Primary General Plan Considerations: Yes- "favbe No (1) Is the project in violation of the City of Cupertino ' s adopted General Plan? X (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 (9) 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 (5) 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 -5- (8) Will the project result in: Yes Mavbe No (a) The disturbance of a natural or man-made feature in the project area rhich is unique? X (b) The obstruction of a scenic vista open to the public? X C. Physical Impacts : (1) W111 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, dissolved oxygen or turbidity? X -6- Yes Mavbe No (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 with- 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 (5) 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 -17- Yes Mavbe 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 prtjeut 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 (e) 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 the 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 -S- • • Yes .4avbe No (c) Does the project have impacts which are individually limited, but cumulatively con- siderable? (A project may impact on two or :note 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? K 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. That the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Date f fan, Environmental Review Committee For _ -9- City fir Cuper'l ill,, NEGATIVI'•. DECLARATION- May 21 . I'1;{/� A:: provided by ill,- 1°'hvironnrculal Assoraaucul I'rnrrdure, adopted by the Clly Council fir I v (:iIy of Cuprr1 iuu on Mal 01 27, 1971. as amt-Odcd , llit, Inllowinl-, described project wars granted a Negartivv Declaration by Iho city Council ur Ibe City fir Crgrort lmn on Mav 71 . 1984 . I'rn jrrt Uo::rripl inn jmd Lnral.i'm AppI i, ;ii inn 4-FA-8/i Appi It-aw t:ily 111 l:np.•rl iuu (I)id Muu1n Vi:aa :n-c:r) Loral inn: Cv"vU;,lly bounded by Craimila Avenue to lhr mirth, Imperial Avenue to the east . M(-C i t-l l:mr Road it) I h(• sarmt h and by the westerly houndary fir Iho Illarkherr_v P.uxr Cu11- Coarse In the worst . hisrrel imeary Ar_I {om Itcyuest : IN'ezma• and rcznnc -- approxinralvly 97 arrer: within Iho (lid Mmnlar VisLr :11-ea to RI-N (Itesidt•nl ial Sing ie-familv) . PI -7.i (Residi•nl iarl Single-family) , p (Planned Development with a Residential 4.4-12 dwelling, mulls pvr gross acre) , 1' (1'Iauncd Urvelupnu•nl Willi a I4.sidenl1.11 4 .4-7.7 dwell lap, units per gross acre) . 1' (Pl:uur(.d Mev('Iopxu•mt with Light Industrial and Res{deui i:rl ) , V (Planned hcvelopmem Willi Ag;rlculiure/Reervat mull ) , soul BO (Ihd�lir Ilulldiug;) zoning districts. I'iudinl;:s ul. Uocisionrmrkinr_ &mLY- Till- (:ill' ConuriI g;rall U•d a Neg;al ive Dvc lar:rl inn since the pro jerl IF. rmis ist enl With the Cenoral I'lan and ha:: nu xig;nil haul eovin inif-m.A Imparts. .I:um•s II. Sisk I'lannlnl; 1)ir(-ctur 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. f eputy City Clerk Initial Study City of Cupertino Environmental Assessment Procedures E. A. File Number(s) 4-HA-84 Application File Numbers) 1-Z-84 Date February 27, t984 The California Environmental Quality Act of 1970, as amended, requires public agencies to evaluate public and private projects to determine their potential 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 I_^_l Tentative Map Other Use Permit L Variance Old Monta Vista rea genera y ounce y rana a venom ue to the nor T "rtmperial Location Avenue to the east, McClellan Road to the sc th and by the westerly boundary of the ac erry "arm o " ourse LO the wes . 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 Project site contains approximately 97 acres. Rev.7/8/80 -1-