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89,324 Annexation 95-01 Barry Swenson, Builder _ 89,324 ANNEXATION 95-01 _ Tantau/Stevens Creek Barry Swenson. Builder mum, ■' IP w kL — — A • CITY OF��++CtLU+PERTINO , • • BECPE�i • • No. 84295 • DATE `)di.- Z U 199 S RECEIVED ��L! • FROM UQYY '. I J (, P L6> > Ju l • col IS* Su ADDRESS , J CA 9 S I I Z USN EMECM• MONEYORDER DOLLARS CENTS • • S cJ C'Ornru • ewe S f e V E ti,-,� • RECEIVED CV....•L .� 0.OMM MyN65 5V51FM5.�• ,�tl1M; It r 0 }' N ti�• W.+ : STATE OF CALIFORNIA -�~` STATE BOARD OF EQUALIZATION Feet Diuria Hayirnud 450 N STREET,SACRA ENTO.CALIFORNIA (P.O.BOX 942879.SACRAMENTO,CALIFORNIA 94279-006 DEAN F ANDAL . 7) Sewna PsmcL Srockron TELEPHONE(916)M54390 ERNESTJ ORONENBURG.JR FAX(916)445-1813 Third Usmtt San Diego August 11, 1995 BRAD SHERMAN Foots Dmniwt Los An9eks KATHLEEN CONNELL Cone ler,SiQemenro BURTON W OLIVER Eseouhve DirMor City of Cupertino P.O. Box 580 Cupertino, CA 95015 Section 2106 of the Streets and Highways Code, relating to the apportionment of gasoline taxes to cities and counties, provides for revising assessed valuations of cities and counties as annexations take place during the year. Section 2106 (2) reads as follows: "For each county, the percentage of the total assessed valuation of tangible property subject to local tax levies within the county which is represented by the assessed valuation of tangible property outside the incorporated cities of the county shall be applied to its base sum, and the resulting amount shall be apportioned to the county. The assessed valuation of taxable tangible property for purposes of this computation shall be that most recently used for countywide tax levies as reported to the State Controller by the State Board of Equalization. In the event an incorporation or annexation is legally completed following the base sum computation, the new city's assessed valuation shall be deducted from the county's assessed valuation, the estimate of which may be provided by the State Board of Equalization. " The enclosed annexations have been reported to us. To comply with the Statutes, we are requesting certain information from your office concerning these annexations. Please complete the enclosed questionnaires and return them to our office. Sincerely, Jeff Reynolds Research and Statistics Division JR:ap Enclos4ea CITY Cupertino RECEIVED 6-26-95 Ordinance or Resolution: LL /�2 `/�7 / p/� Stevens Creek 95-01 Rr°S0&L IO✓1 # %✓?' / dQTPtl cJ�jal fZ // 7 1. Area involved in the annexation? (acres or sq. miles) 67CteS 2 . Assessed value (exclusive of all exemptions except the homeowners ' exemption) of annexed area on the county assessment roll as of March 1, 1995 (see item 3 below) . 3 . We would prefer to receive assessed values as of March 1, 1995 rather than a previous March 1. However, if values have already been tabulated for previous year but not for 1995, then values for the previous year are acceptable. Some estimate of the assessed value changes between the previous and 1995 lien dates should be made if there has been significant activity in the annexed area between the two dates. If previous year data are submitted, please indicate so by correcting the year in item 2 and provide an estimate of any significant value changes here. 410,�Signed �l!/LY►+l�i� CARMEN LTNAUGfiJ Title Public Works Project Mgr Date August 29 , 1995 RETURN TO: Statistics Section BOARD OF EQUALIZATION 450 N STREET MIC 67 P O BOX 942879 SACRAMENTO CA 94279-0067 RESOLUTION NO. 9347 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING DETERMINATIONS AND APPROVING THE ANNEXATION OF TERRITORY DESIGNATED "STEVENS CREEK 95-01", APPROXIMATELY 1.35 ACRES LOCATED ON THE SOUTH SIDE OF STEVENS CREEK BOULEVARD BETWEEN TANTAU AVENUE AND FINCH AVENUE; FIRST DEVELOPMENT CORP. (APNS 375-07-2 AND -3) WHEREAS, a petition for the annexation of certain territory to the City of Cupertino in the County of Santa Clara consisting of 1.35 acres on the south side of Stevens Creek Boulevard (APNs 375-07-2 and -3) has been filed by property owner First Development Corp.; and WHEREAS, on May 1, 1995, the City Council adopted resolution No. 9330 initiating proceedings for annexation of the area designated "Stevens Creek 95-01; 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 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: Resolution No. 9347 1. That it is the conducting authority pursuant to Section 35150.5 of the Government Code for the annexation of property designated "Stevens Creek 95-01", 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 1.35 acres. 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 December 19, 1983, enacted an ordinance prezoning the subject territory to City of Cupertino Retail/Residential/Office 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. 2 t � • Resolution No. 9347 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 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 5th day of June, 1995 by the following vote: Y-at Members 4f Shy City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino re Iutiha9347.dm 3 "EXHIBIT A" ANNEXATION TO THE CITY OF CUPERTINO STEVENS CREEK 95-01 FEB 1995 All that certain real property situate in the County of Santa Clara, State of California, more particularly described as follows: Beginning at a point on the Westerly line of Tantau Avenue, distant thereon N 0°23'W, 50.00 feet from the Northeasterly corner of Lot 126, as said Avenue and Lot are shown upon that certain Map entitled, Tract No. 550 Loree Estates Unit No. 2, which map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on January 3, 1949 in Book 22 of Maps, at Pages 4 and 5; Thence S 89037' W, 125.00 feet along a line running parallel with the Northerly line of said Lot 126; Thence S 0°23' E, 200.00 feet along a line running parallel with the said Westerly line of Tantau Avenue to the Northwest corner of Lot 130 of said Tract No. 550; Thence S 89°37' W along the Northerly line of Lots 133, 134 and 135 of said Tract No. 550 for a distance of 151.85 feet; Thence N 0°23'12" W, 308.69 feet along that certain annexation to the City of Cupertino entitled "Stevens Creek Blvd. 84-5"to a point along the Southerly line of Stevens Creek Boulevard (formerly Stevens Creek Road) and Northeasterly comer of that certain tract of land described as Parcel One in the deed from Lionel J. Tilson, et ux, to John B. Shelton, ct ux, dated June 16, 1950 and recorded June 20, 1950 in Book 2000 of Official Records, Pagc506, Santa Clara County Records, said point also being along that certain annexation to the City of Cupertino entitled "Stem Ave. 82-1"; Thence N 89*44' E, 75.00 feet along the Southerly line of Stevens Creek Boulevard and said annexation "Stem Ave. 82-1"; Thence S 0°23'12" E, 15.00 feet along said right of way line and said annexation "Stern Ave. 82-1"; Thence N 89044' E, 77.00 feet more or less along said right of way line and said annexation; Thence N 0°23' W, 15.00 feet along said right of way line and said annexation; Thence N 89.44' E, 105.04 feet along the said Southerly line of Stevens Creek Boulevard and said annexation; Thence on a curve to the right with a radius of 20.00 feet, through an angle of 89°53' for a distance of31.38 feet to a point on the Westerly line ofTantau Avenue as shown upon said Tract No. 550; Thence S 0°23' E, 88.17 feet along said last named line to the Point of Beginning. Containing : 58,800 S.F. more or less. 1.35 acres more or less. A.P.N. 375-07-002,003 Revised: March 31, 1995 a STEVENS CREEK BLVD. FR� EXISTING ANNEXATION ?Bo T STERN AVE 82-1 T V N R K V . 3 N89'44'00"E C1 _ I N /105.04' L3 0 SITE ; K n APN co o a z a I 20// 375-07-003:0o nS I = ¢ a Q Z II oz /��� S89'37'00"WN � v SCALE: 1 "=100' w mJ 0 /APN 125.00' Z Y N/375-07-002 0 VICINITY MAP a w I wx .800 S.F. 0 c�h N�•35 ACRES N NOT TO SCALE N z c� I 0 Ld NOT II 00 w N N 126 ww yw I II �j m 128 I Q LINE DIRECTION I DISTANCE S89'37'00"W c�O aO L1 N00'23'00"W 15.00' z L2 500'23'12"E 15.00' 151. 5' O Jai Q L3 N89'44'00"E 77.00' � k� F G� L4 N89'44'00--ET- 75.00' 135 134 133 �F / 130 �Q�S ,LidI CURVE I RADIUS I LENGTH l Cl 1 20.00' 1 3138' �O LEGEND: EXHIBIT B = BOUNDARY LINE OF PROPOSED ANNEXATION PROPOSED ANNEXATION TO THE CITY OF CUPERTINO — — = BOUNDARY LINE OF [AT TITLED STEVENS CREEK 95-01 EXISTING ANNEXATION FEB 1995 CALE: 1 " = 100' - - - - - - = EXISTING CITY LIMITS RIEDEN REVISED: 03-31-95 TTV (1F rTTT3T,nmTNTr) "EXHIBIT A" ANNEXATION TO THE CITY OF CUPERTINO STEVENS CREEK 95-01 FEB 1995 All that certain real property situate in the County of Santa Clara, State of California, more particularly described as follows: Beginning at a point on the Westerly line of Tantau Avenue, distant thereon N 0°23'W, 50.00 feet from the Northeasterly comer of Lot 126, as said Avenue and Lot are shown upon that certain Map entitled,Tract No. 550 Loree Estates Unit No. 2, which map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on January 3, 1949 in Book 22 of Maps,at Pages 4 and 5; Thence S 89037' W, 125.00 feet along a line num ng parallel with the Northerly line of said Lot 126; Thence S 0*23' E, 200.00 feet along a line running parallel with the said Westerly line of Tantau Avenue to the Northwest comer of Lot 130 of said Tract No. 550; Thence S 89*37' W along the Northerly line of Lot 133, 134 and 135 of said Tract No. 550 for a distance of 151.85 feet; Thence N 0*23'12" W, 308.69 feet along that certain annexation to the City of Cupertino entitled"Stevens Creek Blvd. 84-5"to a point along the Southerly line of Stevens Creek Boulevard(formerly Stevens Creek Road) and Northeasterly comer of that certain tract of land described as Parcel One in the deed from Lionel J. Tilson, et ux,to John B. Shelton, et ux, dated June 16, 1950 and recorded June 20, 1950 in Book 2000 of Official Records, page506, Santa Clara County Records, said point also being along that certain annexation to the City of Cupertino entitled"Stem Ave. 82-1"; Thence N 89*44' E, 75.00 feet along the Southerly line of Stevens Creek Boulevard and said annexation"Stem Ave. 82-1'; Thence S 0°23'12"E, 15.00 feet along said right of way line and said annexation"Stem Ave. 82-1"; Thence N 89°44' E, 77.00 feet more or less along said right of way line and said annexation; Thence N 0°23' W, 15.00 feet along said right of way line and said annexation; i • Thence N 89°44' E, 105.04 feet along the said Southerly line of Stevens Creek Boulevard and said annexation; Thence on a curve to the right with a radius of 20.00 feet,through an angle of 89*53' for a distance of 3138 feet to a point on the Westerly line of Tantau Avenue as shown upon said Tract No. 550; Thence S 0*23' E, 88.17 feet along said last named line to the Point of Beginning. Containing : 58,800 S.F. more or less. 1.35 acres more or less. A.P.N. 375-07-002,003 4 STEVENS CREEK BLVD. �R EXISTING ANNEXATION r� T �e0 STERN AVE 82-1 T 5 N89'44'00"E Cl a z L3 J/1°iii N W SITE w w n //APN co p s Q a Q a 375-07-003:00 ni Tz aD �. . . , V O z a X I z //// S89'37 00 W m SCALE: 1"=100' Z m (,, o /APN r 125.00 N Z Y �/375-07-002 I o VICINITY MAP w 00I ;/58,800 S.F. o w �1 N�1.35 ACRES ro �o w P.O.B. Nor TO SCALE N I �/ o IW 126 En Xz I � ILi Q w N �m 128 I Q LINE DIRECTION DISTANCE -I S89*37'00'W g� �P z L2 S00 23'112 E 15.00' - - - - - - T - - L3 N89'44'00 E 77.00' 151.65 Q L4 N89'44'00"E 75.00' 135 134 133 G� 130 ��� ��� CURVE 20DIUS I 00' L311..38H �O`��c LEGEND: EXHIBIT B = BOUNDARY LINE OF PROPOSED ANNEXATION PROPOSED ANNEXATION TO THE CITY OF CUPERTINO = BOUNDARY LINE OF ENTITLED STEVENS CREEK 95-01 EXISTING ANNEXATION DATE: FEB 1995 GALE: 1" = 100' - - - - - - = EXISTING CITY LIMITS BY: K. RIEDEN I REVISED: CITY OF CUPERTINO IN PAYMENT FOR 11-24/466 BARRY SWENSON BUILDER pcal lrhAv4 o� TQ9—� 1210(8) GREEN VALLEY CORPORATION Q-A— cavlT�XthC1vI4W. 6366 701 NO. 1 ST STREET,SUITE 200 SAN JOSE,CALIFORNIA5112 191.5 (408)287-0287-0246 Ixs C�'C ' Y� c����� ^^//\\ PAY 30 J`J! .� +. 1 1 - DOLLARS $� F L K',(=CQ TO THE ORDER OF WELLS FARGO BANK 798 NORTH FIRST ST. SAN JOSE.CA 95112 Ill 006 3661I' 1: L 2 1,000 2481:4466 0 2930311• IN PAYMENT FOR 11-24/466 '�BARRY SWENSON BUILDER P`��-I O�, 1210(8) GREEN VALLEY CORPORATION FUr' C-xnr'-%uc:Zhcxl 6365 701 NO. 1ST STREET,SUITE 200 SAN JOSE,CALIFORNIA 95112 �'�- (408)207-0246 I 1 19� yQ I q J y� �;..1i 1 mr 1Y ,i C g�1,`?"J I;:.. ,w'�I.IJ�'Y�J17,,j0 .�/ PAY DOLLARS $ � 5 TO T1/E ORDER OF WELLB FARGO BANK 798 NORTH FIRST ST. SAN JOSE.CA 95112 u■00636511' 1: i2100024&1:4466 0211303118 701 MILLLR STREET,AT TAYLOR SAN JOS�A 95110 (A06)2BF7600 SARATOGA AVLWE,LOS GATOS,CAM030IABq af1F7077T i t I e �314 �0 MOOSOUTH BERN A VENUE,SURE JOSS,CA 93117 (�)MH' 120 L 111a0SOl1THBASCOM AVE-VENUE SUNNYVALE.UNW CA 96067 (406)r334ni 1 11675 SOUTH BASCOM A SUITE 106,CA,MPBELL CA 9500t a n 1 1 419 SO.SAN ANTONIO ROAD.SUITE 106.LOS ALTOS,CA UM2 (A06)9"-N7A Company I 1 203"STEVENS CREEK BOULEVARD,CUPERTENO.CA 93014 (A73)252-OG 0 I 11231 SOUTH PARK VICTORIA DRIVE.MILPRAS,CA 930Js (406)293-ZSU I 16153 ALMADEN EXPRESSWAY.SURE J30 SAS JOSS CA 93120 (608)2M9726 1 11622 E CAP IOL EXPRESSWAY,SAN JOSE,CA"121 N06)284672a (409)226.1132 1 1130 JACKLIN ROAD.MILPITAS,CA 95035 1 120456 BEAUER DRIVE.SARATOGA,CA 9" ( 7J0 1 1 1675 SOUTH BASCOM AVL.SUITE 107,CAMPBELL CA 93 (406)�)$67 2500 006 4 (606) 641 1 1 60A MOORPARK AVENUE SUrTE 221.SAN JOSS CA 93t17 1 1 525 UNIVERSr1Y AVENUE,SUITE 106, PALO ALTO,CA"1 (A06)2 �175 (615)323-7200 PRELIMINARY REPORT P�SLIC WORKS [IMPORTANT JAN 2 010 Green Valley Corporation WHEN REPLYING REFER TO Attn: Lisa Bul len OFFICE NOTED ABOVE 701 N. 1st St. OUR NO. SP 100681 San Jose, California 95112 YOUR NO. ESCROW OFFICER: Linda Tugade TITLE OFFICER: Al Pielenz/bh Property. Address: 19140 Stevens Creek Blvd. Cupertino, California In response to the above referenced application for a policy of title insurance, this Company reports that it is prepared to issue, or cause to be issued, as of the date hereof.a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect lien or encumbrance not shown or referred to as an Exception herein or not excluded from coverage pursuant to the printed Schedules,Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth it,, Exhibit A attached. Copies of the POlicy forms should be read. They are available from the office which issued this report. This report(and any supplements hereto)is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The form of policy of title insurance contemplated by this report is: CLTA STANDARD/ALTA LOAN POLICY n Datedasof July 18 1SO4 at 7:30 am. Title Officer The estate or interest in the land hereinafter described or referred to covered by this Report is: A Fee Title to said estate or interest at the date hereof is vested in: FIRST DEVELOPMENT CORPORATION, a California corporation At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy would be those as shown on the following pages. 1 SP 100681 Page 2 I . TAXES for the fiscal year 1994-95, a lien not yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5, (commencing with Section 75) to the Revenue and Taxation Code of the State of California. 3. An Agreement, affecting said land, for the purposes stated herein and subject to the terms, covenants, conditions, restrictions, and easements, if any, contained therein For : To Connect with City Sewer System Dated : February 19, 1964 Executed by : City of Sunnyvale, a municipal corporation and A. G. Williams and Kdwana Williams, his wife Recorded : March 6, 1964 in Book 6414, Page 566, Official Records. 4. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes: In Favor of : County of Santa Clara For : public street/road Recorded : March 23, 1964 in Book 6476, Page 117, Official Records Affects : Northerly 15 feet of the Easterly 77 feet of Parcel Two 5. Rights of parties in possession of said land by reason of unrecorded leases, or rental agreements, if any. 6. Any facts, rights, interests or claims which a correct survey would show. 7. The requirement that our office be provided with a Resolution, certified by the secretary of the corporation shown in the vesting herein, authorizing the transaction contemplated in this escrow. NOTES: a. This report does not reflect requests for notice of default, requests for notice of delinquency, subsequent transfers of easements, and similar matters not germane to the issuance of the policy of title insurance anticipated hereunder. b. If this company is requested to disburse funds in connection with this transaction, Chapter 598 of 1989 Mandates of the California Insurance Code requires hold periods for checks deposited to escrow or sub-escrow accounts. Such periods vary depending upon the type of check and anticipated methods of deposit should be discussed with the escrow officer. c. No endorsement issued in connection with the policy and relating to j covenants, conditions or restrictions provides coverage for environmental tl protection. i SP 100681 Page 3 d. There is an additional $10.00 fee for recording a deed with a Legal Description other than an entire lot on a recorded final map. e. According to the public records, no Deeds conveying the property described in this report have been recorded within a period of two (2) years prior to the date of this report, except as shown herein-- NONE f. Title of the vestee herein was acquired by Deed-- Grantor : Chiratel International N.V. , a Netherlands Antilles corporation Grantee : First Development Corporation, a California corporation Recorded : August 31, 1988 in Book K 663, Page 1372, Official Records. g. TAXES for the fiscal year 1993-94, a lien, shown as follows: 1st Installment $5,695.33 Paid 2nd Installment $5,695.33 Paid Assessor's Parcel No. 375-07-002 Code Area 63-098 Land $880,044 IMP $130,833 PP NONE Exemp $0 (Affects Parcel Two) h. TAXES for the fiscal year 1993-94, a lien, shown as follows: 1st Installment $87. 18 Paid 2nd Installment $87.18 Paid Assessor's Parcel No. 375-07-002-99 Code Area 63-098 Land $880,044 IMP $130,833 PP NONE Exemp $0 (Affects Parcel Two) i. TAXES for the fiscal year 1993-94, a lien, shown as follows: 1st Installment $1,476.61 Paid 2nd Installment $1,476.61 Paid Assessor's Parcel No. 375-07-003 Code Area 63-098 Land $261,352 IMP $0 PP NONE Exemp $0 (Affects Parcel One) Date Last Insured: 07-18-77 LEGAL DESCRIPTION: "SCHEDULE C" SP 100681 All that real property situate in the unincorporated area of the County of Santa Clara, State of California, described as follows: PARCEL 1: Beginning at a point on the Westerly line of Tantau Avenue, distant thereon N. 0 deg. 23' W. 50.00 feet from the Northeasterly corner of Lot 126, as said Avenue and Lot are shown upon that certain Map entitled, Tract No. 550 Loree Estates Unit No. 2, which map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on January 3, 1949 in Book 22 of Maps, at pages 4 and 5; running thence S. 89 deg. 37' W. and parallel with the Northerly line of said Lot 126 for a distance of 125 feet, running thence N. 0 deg. 23' W. and parallel with the said Westerly line of Tantau Avenue 108.39 feet to a point on the Southerly line of Stevens Creek Road, as said Road is shown upon the map hereinabove referred to; running thence N. 89 deg. 44' E. along the said Southerly line of Stevens Creek Road 105.04 feet; thence on a curve to the right with a radius of 20.00 feet, through an angle of 89 deg. 53 ' for a distance of 31.38 feet to a point on said Westerly line of Tantau Avenue; running thence S. 0 deg. 23' E. along said last named line 88.17 feet to the point of beginning. PARCEL NO. 2: Beginning at a point on the Southerly line of Stevens Creek Road at the Northwesterly corner of that certain tract of land described as Parcel One in the deed from Lionel J. Tilson, et ux, to John B. Shelton, et ux, dated June 16, 1950 and recorded June 20, 1950 in Book 2000 of Official Records, page 506, Santa Clara County Records; thence leaving said point of beginning and running S. 89 deg. 44' W. along the Southerly line of Stevens Creek Road for a distance of 152 feet, more or less, to a point on the line established by the Boundary Line Agreement by and between Victor F. Corsiglia, et ux, and Kenneth M. Coykendall,' et al, dated December 9, 1948 and recorded January 3, 1949 in Book 1727 of Official Records, page 52, Santa Clara County Records; thence leaving said Southerly line of Stevens Creek Road and running S. 0 deg. 23' 12" E. and along said line described in said Boundary Line Agreement 308.68 feet to a point in the Northerly line of Lot 135, as said Lot is shown upon that certain Map entitled, Tract No. 550 Loree Estates Unit No. 2 which map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on January 3, 1949 in Book 22 of Maps, at pages 4 and 5; thence N. 89 deg. 37' E. along the Northerly line of Lot 135, 134 and 133 of said Tract No. 550 for a distance of 151.85 feet to the Southwesterly corner of Lot 128 of said Tract No. 550; thence N. 0 deg. 23' W. along the Westerly line of Lot 128 and its prolongation Northerly for a distance of 308.39 feet to the point of beginning. ARB No. 376-10-3, 60 EXHIBIT W LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS Nate This Exhibit reflects the matters which are excluded and excepted from coverage in the 1990 CLTA Standard Coverage Policy and the 1992 ALTA Extended Coverage Loan Policy with ALTA endorsement-Form 1 Coverage. If the issuance of any other type cf Policy is anticipated, the escrow officer should be contacted to determwu the applicable exclusions and exceptions. 1992 AMERICAN LAND TITLE ASSOCIATION EXTENDED COVERAGE LOAN POLICY WITH ALTA ENDORSEMENT - FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE 1. (a) Any law, ordinance or govemmental regulation Including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibrbng or relating to O the occupancy, use, or enjoyment of the land;(i)the character, dimensions or locations of any improvement now or hereafter erected on the land: (Wl a separation in ownersnip or a cringe in the dimensions or area of the land or arty parcel of which the land is or was a part:or(1v) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land had been recorded in the public records at Data of policy. (b) Any governmental police power not excluded by(a)above, except to the extent that a notice of the exercise thereof or a notice of a defect. Gen or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at date of polity. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the pubic records at data of policy, but not exckucling from coverage any taking which has occurred prior to Date of policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects. liens, encumbrances, adverse clams or other nutters: (a) created, suffered, assumed or agreed to by the insured claarnant; (b) not known to the Company, not recorded in the pubic records at date of policy, but known to the insured claimant and not disclosed n writing to the Company by the insured claimant poor to the date the insured clamant became an insured under this policy; (c) resulting in no lens of damage to the insured clamant (d) attaching or created subsequent to date of policy(except to the extent that this poky insures the priority of the lien of the insured mortgage over any statutory liens for services, labor or materials, or to the extent insurance is afforded herein as to assessments for street Improvements under construction or completed at date of poicy):or (a) resulting in loss or damage which would not have been sustained if the insured cWmant had paid value for the insured mortgage. 6. Unenforceaplity of the den of the insured mortgage because of the inability or tadure of the insured at date of policy, or the inability or failure of any subsequent owner of the indebtedness,to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceabiRy of the Hen of the insured mortgage, or claim thereof,which arises out of the transaction evidenced by the neared mortgage and is based upon usury or any consumer credit protection or trulK-Hending law. 6. Any statutory lien for services, labor or materials(or the claim or priority of arty statutory den for services, labor or materials over the lien of the insured mortgage)arising from the improvement or work related to the and which is contracted for and commenced subsequent to data of policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at date of policy the insured has advanced or is obligated to advance. 7. Any clam,which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy,state insolvency or similar creditors'rights laws that is based on 01 the transaction creating the interest of the insured mortgagee being deemed a fraud lant conveyance or fraudulent transfer:or Cal subordination of the interest of the insured mortgagee as the result of the application of the doctrine of equitable subordination: or (ii1 the transaction creating the interest of the insured mortgagee being deemed a preferential transfer accept where the preferential transfer results from the faikue: (a)to timely record the instrument of transfer:or (b)at such recordation to impart notice to purchaser for value or a judgment or lien creditor. Ur r , �, c yr .. .... �. r .. �.... .... ...... . _ .. .. 8 0 011 P A Gc • i 375 �7 J wraw a d7so,TTATIaV wry, 3 At , e• cARl o"'r' 1"a LESSOR I =100, TRACT N2 550-•LOREE ESTATES--UN'T N' 2 — — J U DY o AVENUE /0029 /0029 /OOS3 /0057 /008/ /0095 /0/09 /O/23 " /0/33 /0/49 /0/63 /0/77 /0/9/ !0205 /02/9 ' 131.Os 75 I 75 I 75 1 75 1 75 1 75 I 75 75 1 75 I 75 1 75 1 75 1 75 1 55 I i I I I I I I I i I I 47 I 4g I 49 I 50 I 5/ I 52 i 5-354 I 55 I 56 1 57 I SB �_I 59 N I I I I I I I I I I I O W I I 66 I 68 i 70 1 72 1 74 1 76 1 78 I 80 I 82 I 84 I 86 I 88 I 90 1 92 Z o - �----=---�-----�-'-- - I 1 --1-----j—i5 — W 0 0 46 — 45 — - --,----� ----�- ----I---- , I 1 T----�— 1 N 125 1 KZ7 I 129 1 131 I 140 I 141 I 143 I 145 I 146 155 1 157 159 I 160 161 Q m a 44 I 43 42 1 41 I 40 39 1 38 1 37 I 36 I 35 1 34 1 33 -1 32 m 30I i I I I i I I I I 31,48 _ 75 I 75 75 1 75 1 75 1 75 1 75 75 1 75 1 75 I 75 1 - 75 1 75 I 35 ro n iOO62 loose /OOUO /0094 to/OG /O/21 /0/34 /0/4B /O/62 /O/76 /O/90 /020f /C21B 3 s S• ' T ANTAU A V E N U E — /0023 10039 /OOS3 /0067 /OOB/ /0/09- /0/23 /0/33 /0/49 /0/75 /0/89 /0203 /02/7 I 1 —...- 98.17 50 75J71�5 7s sS ss '7s 7s s5 Ss I 75 75 I ss 6a' I ZA IN 26 I 27 �1 26W o4 7 6 Z /5 � l6 1 /7 N1 /8 025 W IQ _126130 1 13Z 139 1142 I I44 I 147 154 I 156 I 158 162 U 108.39 —75 — 75 —•L--..--L— _— I 75 — 60 —�S--I—_—.�.-- —— I50 1 I50 60 150 - 1 I50 111 ti I50 I 30' 75 I- OS AC NET I 133 9 r 2 /4 138 1 148 /9 n w w n 24 53 1 63 29 — '' 1 . W J I Z —1--- W ------- ——————— W 1s 2 -_�--- -- Z �iso I isa-- N N Iso 1 W U) N vI O V A T 164 —i0 Z 134 /3137 149 20/0 0 140 /9/60 /9/60 140 W I ` c s UJ rl / �:m 135s?6. b�0 IZ 136 0-1 150 2/ B3 10 22 151 165 3/ m a10 I I_ ml 30695 __-1 ao vr> Isa •,• I t8a I'* ••• la0 ••• I 1so O r 1 CITY OF CUPERTINO NEGATIVE DECLARATION January 3, 1995 As provided by the Environmental Assessment Procedure adopted by the City Council of the City of Cupertino on May 27, 1973, and amended on March 4, 1974, January 17 1977, May 1, 1973, and July 7, 1930, the following described project was granted a Negative Declaration by the Planning Commission of the City of Cupertino on January 3, 1995. PROJECT DESCRIPTION AND LOCATIOIN 29-EA-94 Application No. 10-U-94 Applicant: Barry Swenson Builder Property Owner: First Development Corp. Location: Southwest corner of Stevens Creek Blvd. and Tantau Avenue DISCRETIONARY ACTION REQUEST Use Permit to construct a 3 story 56 unit affordable apartment project and a 1 story 4,000 sf. commercial building. FINDINGS OF DECISIONMAKING BODY The City Council granted a Negative Declaration since the project is consistent with the General Plan `ndd/th/ere is no significant environmental impacts. Robert Cowan Director of Community Development CERMCATF OF TFiF CrrY CLERK This is to certify that the above Negative Declaration was filed in the Office of the City Clerk of the City of Cupertino on 1995. City Clerk cJwinword/mi=29- a-94 • 1 • CITY OF CUPERTINO IG300 Torre Avenue Ceparlment of Planning 5 Development Cupenino,CA. 95014 (406)252-4642 UN J7-II>T7 rn _ $, q�s, (gyp. n - ��,']a'y^`` p f59: slrN4FF �i'�'^{c,.y§✓ '�YI� +'Xj EA File No. �- --- Case File No(s). PROJECT DESCRIPTION Attachments? --------- PROJECTTITLE d svt < } }I sLveH< Cr aK >3)v.? PROJECT LOCATION tjwteu< Cr"Je n)4 LJ,,w . R.,J a,.J tl. e= C� 601indkey, ROJECT DESCRIPTION ;r.. ,._ ] d� }y r-..J is r.... 7 }. c\]...e i!. r.srrr..1 5e}d 2 k ge To4 2< 'Cc f•2 1" o � -rs 1+c]l•ej east• C V. A.-, Slid i. r•edw+r :- 7'iLe _ . ` . [ P . a.... r� v ENVIRONMENTAL SETTING nf�/Clp,�e D 17Y`o1N iG}'r i`-`s PROJECT STATISTICS Site Area (ac.) Building Coverage % Exist. Building s.f. Proposed Bldg. s.f. 3ne GP.Designation res;-J,- t-,] I Assessor's Parcel No. If Residential, UnitslGross Acre Applical3le Special Area Plans: (Check) Total No. Rental? Bedrooms Total s.f. Price Monta Vista Design Guidelines Unit T.ype,#I N. De Anza Conceptual. UnlhType #2 0 S. De Anza Conceptual Unit Type H3 0 S. Sara-Sunny Conceptual Unit Type N4 ® Stvns. Crk. Blvd. Conceptual Unit Type 45 = Slvns. Crk. Blvd. SW & L'scape If Non-Residential, Building Area - s.f. FAR Max. Employees/Shift Parking Required_ Parking Provided -- Project site is Within Cupertino Urban Service Area Yes_ No_ s'3XA ff A) GENERAL PLAN SOURCES D) OUTSIDE AGENCIES _ 1) Cuperlino General Plan, land Use Element 22) county Planning Departmenl 2) Cupertino General Plan. Public Safety Element 23) Adjacent City's Planning Department 3) Cupertino General Plan, Housing Element 24) County Department of Environmental Health 4) Cupertino General Plan, Circulation Element 25) MidPeninsula Regional Open Space District 5) Cupertino General Plan, Environmental Resources 26) County Parks and Recreation Department .-Element 27) Cupertino Sanitary District 6) Cupertino General Plan,Appendix A—Hillside Develop- 26) Cupertino Union School District . . menl. 28) Fremont Union High School District 7) Cupertino General Plan, Land Use Map 30) Pacific Gas &'Electric Company 8) City Ridgeline Polity - 31) Central Fire District 9) Noise Element Amendment 32) County Sheriff 10) Cupertino General Plan Constraint Maps 3 CA 34)) County ry Transportation Agency B) CUPERTINO SOURCE DOCUMENTS 35) Santa Clara Valley Water District 11) Tree Preservation Ordinance 778 E) OUTSIDE AGENCY DOCUMENTS 12) City Aerial Photography Maps 13) 'Cupertino Chronicle'(California History Center, 1976) 36) BAACMD Survey of Contaminant Excesses 14) Geological Report (silo specific) 37) FEMA Hood Maps/SCVWD Flood Maps 15) Parking Ordinance 1277 36) USDA,'Soils of Santa Clara County' 16) Zoning Map 39) County Hazardous Waste Management Plan 17) Zoning CodalSpecific Plan Documents 40) County Heritage Resources Inventory C) CITY AGENCIES F) OTHER SOURCES 18) Cupertino Planning 3 Community Development Copt. 41) Project Plan Set/Application Malerials 19) Cupertino Public Works Dept. 42) Field Reconnaissance 20) Cupertino Parks d Recreation Department 43) Experience with project of similar scope/characteristics 21) Cupertino Water Utility 44) Clly Noise Ordinance 45) ABAG Projections Series �e -o':s �`�;'^i sY� Ws ", y'�30 a4�. H < ur< rb:"r ..N!•. 4.. 5... 3 1) Complete gj(informalion requested on the Initial Study . 4) When explaining any YES response,label your answer cover- page. LEAVE BLANK SPACES ONLY clearly (Example: " N-= 3. Hisloricar) Please try to WHEN A SPECIFIC ITEM IS NOT APPLI- respond concisely, and place as many explanatory CABLE. responses as possible on each Dace. 2) Consult the Initial Study Source List; use the materials 5) Upon completing the checklist, sign and date the listed therein to complete the checklist Information In Preparers Affidavil. Categories A through O. 6) Please attach the following matedals before submiliing the Inillal Study to the City: You are encouraged to cite other relevent sources; if such sources are used, )ot In theirtille(s)In the"Source" - Project Plan Sal or Legislative Document(I copy) Column next to the question to which they relate. - Location map with site dearly marked(when applicable) 3) If you check any of the 'YES' responses to any ques YOUR • tion, you must attach a sheet explaining the polenlial COMPLETE -- INCOMPLETE impact and suggest mitigation if needed. CAUSE PROCESSING Ak IMPArt YES WILL THE PROJECT... Not Signifionl significant curnulatsyc SOURCE NO Significant (Mitigation (No Proposod) Miligalnon Proposao) A) LAND USE/GENERAL PLAN 1) Require a change from the land use designation for the subject site in the General Plan? © 0 1,7,18 2) Require a change of zoning? 16, 18 3) Require a change or variance from an adopted specific plan other adopted policy statement? © 0 17, 18 4) Result in substantial change in the present land use .- "of the site or that of adjoining propertles? 7, 12, 6) Disrupt or divide the physical configuration of an established neighborhood? © 0 0 7, 12, 23, 42 7) Conflict with eslablished recreational, educational, religious or scientific activities in the project vicinity? Q 0 7,12,16 GEOLOGIC/SEISMIC HAZARD 1) Be located in an area which has potential for major geologic hazard? _ © 0 0 2, 14 2) Be located on or adjacent to a known earthquake fault? © 0 2, 14 3) Be located in a Geologic Study Zone? © 0 2 4) Be located in an area of soil instability (subsidence, landslide, shrink/swell, soil creep or severe ero- sion)? L� I 0 2, 5, 10 5)" Cause-substantial erosion or siltation of a water- course? El0 0 El 2, 5, 10 6) Cause substantial disruption, displacement, com- paclion or overcovering of soil either on-site or oil- site? X 2, 14, 41 7) Cause substantial change in topography or in a ground surface lealure? © 0 0 12. 41 8) Involve construction of a building, road or septic system on a slope of 1090 or greater? 6, 12, 41 C) RESOURCES/PARKS 1) Increase the existing removal rate, or result in the removal of a natural resource for commercial pur- poses (inc!uding items such as rock, sand, gravel, trees, minerals or topsoil)? © ED 5, 10 2) Result in the substantial depletion of any non-renew- able natural resource? © 0 0 0 5 3) Convert prime agricultural land(Class I or II soils) to non-agricultural use or impair the agricultural pro- ductivity of nearby prime agricultural land? © 0 0 5, 35 4) Involve lands currently protected under the William- son Act or any Open Space easement? © 0 0 5, 18 5) Substantially affect any existing agricultural uses? © 0 Q 0 7 16 IMPACT YES WILL THEPROJECT... „^ Nol Signilicunl Signiivanl CumuWuv S Q U R C E NO. . .._ Signili= (Mitigation (No Piaposad) Miipaivan Pfoposod) 6) Be located on, within or near a public or private recreation facility, park,wildlife preserve, public Irail either in existence already or planned for future implementation? © E] 0 E::] 5, 10, 12, 22, 25 D) SEWAGE/WATER QUALITY 1) Result in a septic field being constructed on soil with severe drainfield performance limitations? © 0 0 6, 19 2) Result in a septic field being located within 50 feel of a drainage Swale or within 100 feel of anywell,water course or water body? ® 0 35, 41, 42 3) Result In exlensionot a sewer main line with capacity �t�--y-f - to serve new development? © LJ 19. 41 4) Substantially degrade surface or ground water qual- ity, or the public water supply? © 0 19, 35. 38 5) Be located in an area of water supply concern(such as low fire flows)? © 0 0 19. 31 E) _ . DRAINAGE/FLOODING 1) Interfere substantially with ground water recharge? © 0 Q Q 19, 35 2) Substantially change the direction, rate of flow or quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? © 0 19, 35, 41 3) Change the absorption rates, drainage patterns or �1 the rate amount of surface runoff? 19, 35 4) Involve a natural drainage channel or slreambed or water course such as to alter the location,course or flow of its waters? © 0 0 0 35, 41. 42 5) Be located in a floodway or floodplain Area? ® 37 F) -,FLORA AND FAUNA. 1) Significantly affect fish,wildlife, reptiles or plant life by changing the diversity or numbers of existing species, or by Introducing new species, or by restricting migration or movement? © 0 0 5, 2) Substantially reduce the habitat area for fish, ani- mals or plants? © 0 0 _ 5, 10 3) Change the existing habitat, food source or nesting place for a rare or endangered specie of plants or animals? _ © 0 5, 10 4) Involve construction within 100 feet of a riparian area? r1 0 0 ED 10. 41, 42 5) Involve cutting/removal of specimen scale trees, whether indigenous to the site or introduced? 0 11, 41, 42 IMPACT WILL THEPROJECT... YES Nol sigmri l 'lg fkanl Cumulaliv S Q U R C E sgniri l (Miligalian (No Plopasod) Miugauion Proposad) G) TRANSPORTATION 1) Cause an increase in traffic which is substantial In relation to the existing traffic load and capacity of the street system? 0 0 4, 19, 33 2) Cause any public or private street intersection to function below Level of Service D? © 0 0 0 4, 19 3) Increase traffic hazards to pedestrians,bicyclists and vehicles? ... © -� 19, 32 4) Adversely affect access to commercial establish- ments, public buildings, schools, parks or other pp- �-----11 destrian oriented activity areas? © L_1 10, 19 5) Cause a reduction in public transportation service at or near the project site? 0 0 34 6) Increase demand upon existing parking facilities, or engender demand for new parking space? ® 0 13, 41 7) Inhibit use of alternative modes of transportation to � •• --private automobile usage?- T 0 0 0 0 5, 19, 33, 34 H) HOUSING 1) Reduce the supply of affordable housing In the community, or result in the displacement of persons from their present home? ® 0 0 3, 18 2) Increase the cost of housing in the area, or substan- lially change the variety of housing types found in the © 0 0 0 0 3, 18 community? 3) Create a substantial demand for new housing? ® 3, 18, 45 1) HEALTH & SAFETY 1) Involve the application,use,disposal or manufacture of potentially hazardous materials? 31, 39, 41 2) Involve risk of explosion or other forms of uncon- trolled release of hazardous substances? 31, 43 3) Involve the removal or continued use of any existing, or Installation of any new underground chemical or fuel storage tank? 0 31, 41, 42 4) Be located In an area of seasonal fire danger? 0 0 0 2, 31 5) Employ technology which could adversely affect public safely in the event of a breakdown? © 0 41, 43 6) Provide breeding grounds for mosquitos or other disease vectors? 0 0 24 J) AIR QUALITY 1) Create objectionable odors? © . 0 0 0 41, 43 2) Violate any ambient air quality standards,contribute substantially to an existing or projected air quality violation,or expose sensitive receptors to substantial concentrations of pollutants? © 0 5, 36, 41 IMPACT YES WILL THE PROJECT... NO Not SgNfmni Sgrufi i SOURCE ,. Sgnlfo ( (Magawn (No Nopmad) Limptaw PIoposaa) K) NOISE 1) Increase substantially the ambient noise environ- meni of the project vicinity during construction of the project? Q 9, 41 2) Result in a sustained Increase in ambient noise levels in the project vicinity following construction of the project? 0 9, 41 3) Result in sustained noise levels beyond the thresh- olds ofsound energy and duration limits contained in 9 44 the Cil 's Noise Ordinance? L) AESTHETICS 1) Be generally in conformance with applicable design fluidelines? © 17, 41 2) Create an aesthetically offensive site open to public + . view? © 0 0 41,42 3) Visually intrude upon an area of natural scenic quali- ties? © 0 5, 42 4) Obstruct view of a scenic ridgeline visibile from the � � � � � 5 8 valleyfloor? 5) Obstruct views of the city's adjacent hillsides from residential areas or public lands © 0 0 10, 22, 24, 41 6) Adversely affect the architectural character of an established neighborhood or business district? © 0 0 41, 42 7) Produce glare from artificial lighting sources upon - adjacent properties or public roadways? Q 0 41. 43 M) ENERGY 1) Involve the use of unusually large quantities of fossil fuels or non-renewable energy sources? ® 0 5, 41 2J"RBmoJe vi gelation providirig summer shade orwind- breaks to an existing or proposed building? 41,42 3) Significantly reduce solar access to an adjacent.. building, public recreation space or private yard? © 41. 42 N) HISTORICAL/ARCHAEOLOGICAL 1) Be located in an area of potential archeaological or paleontological resources? r-1 0 0 10, 42 2) Affect adversely a property of historic or cultural significance to the community, except as part of a scientific study? © 0 0 1, 18, 41. 42 IM ACT YES WILL THE PROJECT... Nel signiri l Si mr�l cumulaun SOURCE Sgnifiranl (Mil' alion (No Proposed) Mili wion Proposed) O) PUBLIC SERVICES AND UTILITIES 1) Produce solid waste in substantial quantities? 0 41 2) Induce substantial growth,or alter the location, distri- bution,or density of the human population of an area? Q 0 1. 45 3) Cause substantial impact upon, or increase the need - for: a) Fire Protection Services? ® 0 0 0 18. 31 b) Police Services? ® O O O 32 c) Public Schools? n Q Cl 28, 29 d) Parks/Recreation Facilities? Q O 5, 17, 19, 26 e) Maintenance of Public Facilities? 0 O 0 O 18, 19, 41 1) Other Governmental Services? 0 0 O O 18 4) Cause substantial impact upon existing utilities or infrastructure in the following categories: a) Electricity? 0 O O O 30, 41 b) Natural Gas? 30, 41 c) Water? c:;:D 0 O 0 O 21 d). Sewage treatment and disposal? E--F�::] r O 0 18, 41 e) Storm water management? 35. 36 5) Generate demand for use of any public facility which - causes that facility to reach or.exceed its capacity? ] Q Q QQ, 18,.41, 43 WILL THE PROJECT..' YES NO 1) Have the potential to degrade substantially the quality of the environment, to substantially diminishthe habitat of a lishorwildlife species,to cause afIsh orwildlife population todrop below self-sustaining levels,to threaten or eliminate a plant or animal community,to reduce the number or restrict the range of a rare or endangered plant or animal or eliminate Important examples of the major periods of California's history or prehistory? 2) Have the potential to achieve short term environmental goals to the disadvantage of long term environmental goals? 0), Nave environmental impacts which are individually limited,but are cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of an individual project are substantive when viewed in conjunction with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) 4) Have environmental effects which will cause substantial adverse impacts on human beings, either directly or indirectly? EEI I hereby certify that the Information provided In this Initial Study is true and correct to the best of my knowledge and belief; I certify that I have used proper diligence In responding accurately to all questions herein, and have consulted appro- priate source references when necessary to ensure full and complete disclosure of relevant environmental data. thereby acknowledge that any substantial errors detected within this Initial Study may cause cause delay or discontinuance of related project review procedures, and hereby agree to hold harmless the City of Cupertino,ils staff and authorized agents, from the consequences of such delay or discontinuance. Preparer's Signature Dale Print Prep arer's Name f I't.1 r AREAS: _© . Land Use/General Plan ❑ Geologic/Seismic Hazard ❑ Resources/Parks ❑ Housing ❑ Sewage/Waler Cualily ❑ Drainage/Flooding ❑ Flora & Fauna ❑ Transportation ❑ Hlstorical/Archaeological ❑ Health & Safety ❑ Air Quality ❑ Noise ❑ Histodcai/Geological ❑ Public Services/Utilities ❑ Energy © Aesthetics STAFF EVALUATION pp soL $4'2 f,�/1[ �t2kp sjaof-J s{Ccrh'c LtrthAA ee..•w•� Iy�jl G1.�2ueG t'�G �GS/�u7 V�•�.l[ l.4[S �i- ��-t, L�c�c�.< Greek On the basis of this Initial Study, the Environmental Review Committee (ERC) finds: That the proposed project COULD NOT have a significant effect on the environment,and recommends that a NEGATIVE DECLARATION be granted. That although the project could have a significant effect on the environmenl,no significant effect will occur because mitigation measures are included in the project. ERC recommends that a NEGATIVE DECLARATION be'granted. Thal the proposed project MAY have a significant effect on the environment and recommends that an ENVIRONMENTAL IM ACT REPORT be prepared. Staff Evaluator ERC Chairperson 1 Date / r Date // City of Cupertino (408)252-4505 10300 Torre Avenue Cupertino, CA 95014 PETITION for proceedings pursuant to the CORTESE-KNOX LOCAL GOVERNMENT REOTWMZATION 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 Cede (commencing with Section 56000, Cortese-Knox Lccal Govertmment Reorganization Act of 1965) . 2. The proposed change of organization is designated as: Stevens Creek 95-1 and consists of: X annexation to City of Cupertino detachment from (name City/District) of 1.35 (number of) acres on the S (n/s/e/w) side of Stevens Creek Blvd. (Street/Avenue) between Tantau Avenue (Street/Avenue) and Finch 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 c est'_-o: Arr xation ;etiticn -2- 7. =t is desLed tt'at the prcpcsad =Arrje of organization or reo nizaticn be -uda sub e� a -..e fc_ awing taYns ar=i iticns: 8. =!a pe-"son(s) sign.Lng this pat:ion ha/have signed as (check one) cwr,-X(s) of land within the affected terri`,.ory. registered veter(s) Within the affected to-ritory. 9. Sn usde-signed prcponart(s) 4V-IL do wn 100% of the ter-itory _ do =t proposed for cha:re of organization or reorganization. Wherefore, petitioners) regvest(s) that pros be taker, in acccrdanc4 with the provisions of seem= 5E000 et. seq. of the G7ve-r=nt Code and he-nwith affix signatse(s) as follows: CHlu PE ITSCwF cs Signatures (not to exceed throe) Of Petitioners (Plewm RKim) Assessors Electionn, name below Street Address Parcel 9r Precinct na ' afore _ Cyty/Ste*s/Zid No.* /-i3 9f¢S a R�Or�Ai�o� 3-75-6 1-i ,233s4x&a a 5 - 4VIye, 375�7-3 GD SAa! 4%N 2 CAI GA 9�io �a25iD�t ?harts: Vjyg) 7Le -Q Phone {„ • - For proposals invo_ li. y inhabited territory or _or 4-dowr:er7:.nitiatsd propesals. ** - For proposais involving �� habi`W d ta-^ritory or for resident-va zr initiated proposals- City of Cupertino 10300 Torre Avenue (408) 777-3200 Cupertino, CA 95014 SUPPLEMENTAL APPLICATION FOR MUNICIPAL AND/CR DISTRICT CHANGE OF ORGANIZATION OR REORGANIZATION OF TERRITORY 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 Code Sect. 56000 et seq.) FRCPOSAL DESIGNATION: Stevens Creek 95-1 Annexation ) to/from City of Cupertino (City or Spec. District) ENVIRONMENTAL 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 Dec 19, 1983 , 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) . X ccupleted an Initial Study and Negative Declaration for the annexation, a copy of which is attached to this application. carrpleted 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 1.35 2. Number of inhabitants 0 3. Number of registered voters 0 4. Number of dwelling units 0 5. a. What is the present use of the area (be brief, but specific) : vacant land 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 prezoning that has been applied by the city to the affected area (Note: Prezoninl is a filing requirement for city annexations) : Retail/Residential/Office b. Does the applicant intend 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. Use permit approval was granted 1/3/95 to allow the construction of 40 _apartment units and 4,000 s.f. of commercial. The construction is expected to begin summer/fall 1995. 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 e 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 % If YES, describe service(s) or improvement(s) and the average cost per resident/landawner of the district. Service/improvement: Cost: $ Jyr. for _ yrs. $ Jyr. 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 Pate Code Book for this information) : Cupertino Union School District Cupertino Sanitary District Fremont Union High School District Mid Peninsula Open S++ara District Foothill Community College District LANDOWNERS AND REGISTERED VOTERS 14. Please provide the information requested below: a. Owners of land* within the proposed annexatoin/detachment/reor- ganization who consent to this proposal should show their consent by signing and printing or typing their names and addresses, with date, below. (Signatures not required if proposal is initiated by property-owner petition: put "see petition" below and type or print 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 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 Corp. (415) petition 1st Development 233 Sansome St 788-0883 375-07-2 $1, 141,396 Ernest Go San Francisco 375-07-3 CA 94404 (If additional space required, continue list on separate sheet & attach.) * "Owner of land means any person shown as the owner of lard on the last Equalized Assessment Roll; where such person is no longer the owner, then any person entitled to be shown as owner of lard 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 lard." Government Code Section 56048. Supp. Appl. -4- CERTIFICATE OF CITY CLERK (Required for 100% Consent Proaosal) I CERTIFY 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 FZJMHER CEMFY 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 NOT-l00% CONSENT 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 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 name person lete- Cupertino. CA 95014 ing a ? (Address) l) /0 ignatj) (Date) NOTE: It is a general LAFCO 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 sulmnit this information to the appropriate school district(s) and the signature above is considered verification that this filing requirement has been met.