89,313 CHUNG/JIAN CHEN 93-01 ' Fernando ,�
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CITY OF CUPERTINO
i RECEIPT •
No. 72117
DATE „% 19`�!
RECEIVED
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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,
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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
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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
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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
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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
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(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-