89,328 Granada Ave 95-05 Cleo Marshall 9,328 GRANADA AVENUE 95-05
Cleo Marshall
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CITY OF CUPERTINO •
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RESOLUTION NO. 9516
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO MAKING DETERMINATIONS AND APPROVING
THE ANNEXATION OF TERRITORY DESIGNATED "GRANADA
AVENUE 95-0511, APPROXIMATELY 0.2 ACRE LOCATED ON
THE SOUTH SIDE OF GRANADA AVENUE BETWEEN ORANGE
AVENUE AND BYRNE AVENUE; MARSHALL (APN 357-16-028)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.2 acre on the south side of
Granada Avenue (APN 357-16-028) has been filed by property owner Cleo Marshall;
and
WHEREAS, on November 6, 1995, the City Council adopted resolution No.
9494 initiating proceedings for annexation of the area designated "Granada Avenue 95-
05; 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:
i
Resolution No. 9516 0 • Page 2 `
1. That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated "Granada Avenue 95-05", 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 0.2 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.
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
r
Resolution No. 9516 Page 3
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.
In. 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 4th day of December, 1995 by the following vote:
vote MembersQf the fity Council
AYES: Chang, Dean, Sorensen, Burnett
NOES: None
ABSENT: Bautista
ABSTAIN: None
ATTEST: APPROVED:
/s/ Kimberly Smith /s/ Don Burnett
City Clerk Mayor, City of Cupertino
mo1utVra9516.dm
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EXHIBIT A'
ANNEXATION TO THE CITY OF CUPERTINO
GRANADA AVENUE 95-05
AUGUST 1995
All that certain real property situate in the County of Santa Clara, State of California,
more particularly described as follows:
All of Lot 44, as shown upon that certain Map entitled, "flap of Subdivision 'A' Nlonta
Vista",which map was filed for record in the Office of the Recorder of the County of
Santa Clara, State of California on April 11, 1917 in Volume P of Maps, at Page 20, and
more particularly described as follows:
BEGINNING at the northeast corner of said Lot 44 and the southerly line of Granada
Avenue;
Thence WEST 100.15 feet to the northwest corner of said Lot 44 along southerly line of
that certain annexation to the Cityof Cupertino entitled "Nfikul 753
Thence SOUTH 90.82 feet to the southwest corner of said Lot 44;
Thence EAST 100.15 feet to the southeast come of said Lot 44;
Thence NORTH 90.82 feet to the POINT OF BEGINNING.
Containing: 9,095 square feet, more or less
.208 acres, more or less
A.P.N. 357-16-028
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RESOLUTION NO. 9494
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO SETTING DATE FOR CONSIDERATION OF
ANNEXING AREA DESIGNATED "GRANADA AVENUE 95-05",
PROPERTY LOCATED ON THE SOUTH SIDE OF GRANADA
AVENUE BETWEEN ORANGE AVENUE AND BYRNE AVENUE;
APPROXIMATELY 0.2 ACRE, MARSHALL
(APN 357-16-028)
WHEREAS, the City Council of the City of Cupertino has received a request for
annexation of territory designated "Granada Avenue 95-05" from property owner, Cleo
D. Marshall; and
WHEREAS, the property, 0.2± acre on the south side of Granada Avenue
between Orange Avenue and Byrne Avenue (APN 357-16-028) is contiguous to the City
of Cupertino and is within its urban service area; and
WHEREAS, annexation would provide for use of City services; and
WHEREAS, this territory is uninhabited and was prezoned on June 4, 1984, to
City of Cupertino R1-7.5 zone; and
WHEREAS, the City of Cupertino, as Lead Agency for environmental review
completed an initial study and granted a Negative Declaration for annexation; and
WHEREAS, the County Surveyor of Santa Clara county has found the map and
description (Exhibits "A" and "B") to be in accordance with Government Code Section
56826, the boundaries to be definite and certain, and the proposal to be in compliance
with LAFCO's road annexation policies; and
WHEREAS, the fee set by the County of Santa Clara to cover staff cost for above
certification has been paid; and
RESOLUTION NO. 9494
WHEREAS, as provided in Government Code Section 56826 the City Council of
the City of Cupertino shall be conducting authority for a reorganization including an
annexation to the City; 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;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Cupertino hereby initiates annexation proceedings and will consider annexation of the
territory designated "Granada Avenue 95-05" at their regular meeting of December 4,
1995.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 6th day of November, 1995 by the following vote:
Vote Members Qf JbjQ City Council
AYES: Bautista, Burnett, Koppel, Sorensen, Dean
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Kimberly Smith /s/ Wally Dean
City Clerk Mayor, City of Cupertino
rew1uion/m9494.doc
2
EXIMIT A
ANNEXATION TO THE CITY" OF CUPERTINO
G RAN,ADA AVENUE 95-05
AUGUST 1995
All that certain real property situate in the County of Santa Clara, State of California,
more particularly described as follows:
All of Lot 44, as shown upon that certain Map entitled, "Map of Subdivision 'A' Monta
Vista", w hick map w as filed for record in the Office of the Recorder of the County of
Santa Clara, State of California on April 11, 1917 in Volume P of Maps, at Page 20, and
more particularly described as follows:
BIGINNING at the northeast corner of said Lot 44 and the southerly line of Granada
Avenue;
Thence WEST 100.15 feet to the northwest comer of said Lot 44 along southerly line of
that certain annexation to the Cityof Cupertino entitled "iviikul 75-3';
Thence SOUTH 90.82 feet to the southw est corner of said Lot 44;
Thence EAST 100.15 feet to the southeast corner of said Lot 44,
Thence NORTH 90.82 feet to the POINT OF BEGINNING_
Containing: 9,095 square feet, more or less
.208 awes, more or less
A.P.N. 357-16-028
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County of Santa Clara NOUN
Environmental Resources Agency
Building Inspection/Land Development Engineering and Surveying
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70 WVSI 11ed111119 SIn49. 7111 Floor
Sall Jose„ Calllornia 951 10 ^, ix:.ti' �Q'•
Bldg. Inspec. (408)299-2351 Uvid Devel. 2<.KY2871 FAX 27"} 537 rn
October 20, 1995
Kim Smith, City Clerk
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
The attached map and description dated August, 1995 of territory proposed
for annexation to the City of Cupertino entitled GRANADA AVENUE 95-05 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.
/Zxaa�,.D. vaee -
Martin D. Marcott
County Surveyor
Attachment
cc: LAFCO Executive Officer (w/attachment)
Board of Supervisors:Michael M. 14xlda, nlanca Alvarado, [ton Gonzales.James-r. Beall Jr.. Dianne McKenna
County Excculive: Richard Wittenberg
4010
EXMBIT A
ANNEXATION TO THE CITY OF CUPERTINO
GRANADA AVENUE 95-05
AUGUST 1995
All that certain real property situate in the County of Santa Clara, State of California,
more particularly described as follows:
All of Lot 44, as shown upon that certain Map entitled, "Map of Subdivision 'A' Monta
Vista",which map was filed for record in the Office of the Recorder of the County of
Santa Clara, State of California on April 11, 1917 in Volume P of Maps, at Page 20, and
more particularly described as follows:
BEGINNING at the northeast corner of said Lot 44 and the southerly line of Granada
Avenue;
Thence WEST 100.15 feet to the northwest corner of said Lot 44 along southerly line of
that certain annexation to the Cityof Cupertino entitled "Mikul 75-3';
Thence SOUTH 90.82 feet to the southwest corner of said Lot 44;
Thence EAST 100.15 feet to the southeast corner of said Lot 44,
Thence NORTH 90.82 feet to the FOMr OFBEGINNNG_
Containing. 9,095 square feet, more or less
.208 acres, more or less
A.P.N. 357-16-028
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ANNEXATION TO THE CITY OF CUPERTINO
GRANADA AVENUE 95-05
AUGUST 1995
All that certain real property situate in the County of Santa Clara, State of California,
more particularly described as follows:
All of Lot 44, as shown upon that certain Map entitled, "Map of Subdivision 'A' Monta
Vista",w hick map w as filed for record in the Office of the Recorder of the County of
Santa Clara, State of California on April 11, 1917 in Volume P of Maps, at Page 20, and
more particularly described as follows:
BEGINNING at the northeast corner of said Lot 44 and the southerly line of Granada
Avenue;
Thence WEST 100.15 feet to the northw est comer of said Lot 44 along southerly line of
that certain anne<ation to the Cityof Cupertino entitled "Miku175-3";
Thence SOUTH 90.82 feet to the southwest corner of said Lot 44;
Thence EAST 100.15 feet to the southeast comer of said Lot 44;
Thence NORTH 90.82 feet to the POINT OF BEGINNING_
Containing: 9,095 square feet,more or less
.208 acres, more or less
A.P.N. 357-16-028
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RECORDING REOUESTEC By
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Transamerica Title In% Co
BI � r,�� 80 Recorded at the requezt of
ANI-i WHEN RECORDED MAIL TO Transamerica Title Inscrance Co. I
APR 13 1976 8°00
Cleo Diane Marshall A.M.
�Idm`r 21821 Granada Avenue George A. Mann, Recorder
it Mon t a Vista, CA 9 5 014 I $tlfd7 (2irR CODnty Otfr'iFA Records I
Zip _ J
SPACE ABOVE THIS LINE FOR RECORDER'S USE —
MAIL TAX STATEMENTS TO
world Savings L Loan Assn I DOC'JMENTARYIIANSFERTAKj a
60
A,a^,;, 1407 Pacific Avenue XXX CCM°UTEC ON FULLVALUEOF PROPERTY CONVEYED,
pro Santa Cruz, Calif 95060 __OR COMPUTEDON FULLVALI.E LESSLIENSAND
S° Loan No. 56219-0 E UMBRANCES REM I 6 AT7 •4E OF SALE.
yne en o ee a r Agen a ern n Na ,
Bill no. 357-16-28 Code Area 63-079
GRANT DEED rF,n.. No _609236
By this int:rument dated...... March 29th 197b.............................. fee a valuable mwderadon,
PAULINE PALMER FENDER, a married woman,
as her sole and separate property
hereby GRANTS to
CLF.O DIANE MARSHALL, a single woman
the folioving described Real Property in the State of California, County of.....S .ntII Clara
Cityof.....................................................................
I
ALL OF LOT 44, as shown upon that certain Map entitled, `THE MAP
OF SU5DIVISIO4 "A" MONTE VISTA" , which Map was filed for record
In the Office of the Pecorder in the County of Santa Clara, State
of Californi.a, on April. 11, 1917 in Book "P" of Maps, at page 20{
1
T'ALJLl1E PAiMEiI FrrrBft -
I a STAIE OF CALIFORNIA O.,A6pR-A-G-- -T ---,19.ZL'+ before roc,the undersigned,a Notary Public is ra for acid
SS. County and State.penortally appeared--pau
COUNTY OF.VJ)d(Ill __._..._...............—.._._...... .... ._ -_ -_...........loso.n to me to be the
j penaa....... -hose wbacn'bed ro the within instrument.and ar�6to"kd�gcd�ro me/that....3he..........raecvted the c_.c.
(s S Notary's Sipv ue..__.. -KJt•
I I OFFICIAL SEAL +
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R)TAaT rU&UC • Ca LIFOHUA
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LWA CLARA COm1TT
Ly can.rxaaeo Eaapr« Je r. 19" MAIL TAX STATEMENTS AS DIRECTED ABOVE
City of Cupertino (408) 777-3354
10300 Torre Avenue
Cupertino, CA 95014
PETITION
for proceedings pursuant to the
COF=E-KNOX LOCAL GOVERNMENT 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:
GRANADA AVENUE 95-05
and consists of:
X annexation to CITY OF CUPERTINO
detachment from (name City/District)
of .2 (number of) acres on the S (n/s/e/w)
side of GRANADA AVENUE (Street/Avenue)
between ORANGE AVENUE (Street/Avenue)
and BY 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) X 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.and to remodel existing building and add a
second floor.
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:
N/A
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.**
7'z�'QS 21811 Granada Avenue
Cupertino, CA 95014
Phone: ( 408) 252-2469
Phone:
Phone (_) _-
* - For proposals involving uninhabited territory or for
landowner-initiated proposals.
** - For proposals involving inhabited territory or for resident-voter
initiated proposals.
City of Cupertino (408) 777-3354
10300 Torre Avenue
Cupertino, CA 95014
SUPPLEMENTAL APPLICATION
FOR
MUNICIPAL AND/OR DISTRICT
CHANGE OF ORGANIZATION OR REORCANIZATION 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 detachmients)
made pursuant to the Cortese-Knox Local Government Reorganization Act of
1985 (Government Code Sect. 56000 et seq.)
PROPOSAL DESIGNATION: GRANADA AVENUE 95-05
Annexation )
EMMAM ) to/ CITY OF CUPERTINO
i iMiM) (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 6/4/84 , 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 completed an Initial Study and Negative Declaration for the
annexation, a copy of which is attached to this application.
completed a Final EIR for the annexation, a copy of which is
attached to this application.
City of Cupertino City Council is to be Lead Agency for the
environmental review of the project and the completed Environmental
Information Form required by Planning staff is attached to this
application. (Planning staff phone: (408) 252-4505.)
Proposal is categorically exempt from provisions of CEQA pursuant to
Cal. Actin. Code Sec. because
C3ARAC=STICS OF THE AREA
1. Number of acres .2
2. Number of inhabitants 4
3. Number of registered voters 2
4. Number of dwelling units 3
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?
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 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.
Remodel of existing residence. September 1995
8. 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. Iand use and zoning in island, corridor or strip?
e. Describe present and proposed sewer and water services in island:
f. Does the proponent request waiver of restriction against creation
of an island? YES NO
If YES, explain why creation of an island is justified.
SERVICES
10. Is the territory proposed for annexation/detacl=,ent/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 co=unity 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-
tioniof 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 Union High School District Mid-Peninsula Open Space District
Foothill Community College District
LANDOWNERS AND REGISTERED Vl7IER.S
14. Please provide the information requested below:
a. owners of lard* 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
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
(408)
Aetition Cleo Marshall 21811 Granada Ave. 252-2469 357-16-028 $44.032
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 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-
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)
(Z)
(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 Viskovich 10300 Torre Avenue
(Prin e lets- upertino, CA 95014
ing 's a ion) ( s�
�1J
(Sign e ( te)
NOTE: It is a general LAFco filing requirement that a copy of this
appli tion be filed with each school district shown on question #13 of
this document if the proposal involves ultimate new residential
development of five acres or more. It is the City's responsibility to
submit this information to the appropriate school district(s) and the
signature above is considered verification that this filing requirement
has been met.
CEFIPIFTCATE OF CITY CLERK (Required for 100% Consent Proposal)
I CERTIFY that I have checked the number of owners of property located
within the annexition/detachment/reorganization proposed by this
application and that the _ (number) signatures above represent all of
the owners of property included in this proposal. I FUFMM CER= that,
pursuant to Government Code Section 56839, the City will make
determinations on this proposal without notice or hearing.
Late:
City Clerk
(Seal)
City of Cupertino
b. Owners of land within the proposed annex ticn/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-100% 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-
City of Cupertino �77?_
10300 Torre Avenue y
Cupertino, CA 95014
PETITION
for proceedings pursuant to the
c0RFEsE-KNOX LOCAL GOVERNmrP REommuZATiON 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:
and consists of: n
annexation to
detachment from (name City/District)
of L (number of) acres on the 5 (n,, e/w)
side of C 2AV 4Di/ L4 C (Street/Avenue)
between OZA-N6C MJC (Street/Avenue)
and �&UiL)C /ttb" (Street/Avenue)
and (if applicable) annexation
_ detachment
of the same to/from GClPt7�77A)O
(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: X inhabited.
("inhabited" = 12 or more registered voters) uninhabited.
5. This proposal --2-1, is consistent with the Sphere of Influence
is not of the affected city and district(s) .
6. The reasons(s) for the proposed AAIPT-XAV 0 (annexation,
detachment, reorganization, etc.) is/are:
__rt) RE-yynoet, l�Nb �CCy�D F�GL'�� 7� IS�tl i
�'rr?.utrufl� A'MA-FiL�fl Y' F-J -�'
City of Cupertino (408)252-4505
10300 Torre Avenue
Cupertino, CA 95014
SUPPLEMENPAL APPLICATION
FOR
MUNICIPAL AND/OR DISTRICT
CHANGE OF OEMNIZATTON OR REORGANIZATION OF TERRITORY
This supplemental application must be coapleted 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.)
PROPOSAL DESIGNATION:
Annexation
Detachment )from _2U PC 7f)J0
Reorganization) (City or Spec. District)
/�
ENVIRONMENTAL STATUS OF PROPOSAL
CL PF,107 A/ 0 , as Lead Agency for environmental review
(Name of City/District)
of the project, has already
(prezoned? other approval action?)
the territory on , 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) .
completed an Initial Study and Negative Declaration for the
annexation, a copy of which is attached to this application.
cmpleted 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 carnpleted 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. Actin. Code Sec. because
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 persons) 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 rint) Assessor's Election
name below Street Address Parcel or Precinct
Date signature) City/State/Zip No. No.
Phone: (_)
Phone: (_) _-
Phone (_) _-
* - For proposals involving uninhabited territory or for
landowner-initiated proposals.
** - For proposals involving inhabited territory or for resident-voter
initiated proposals.
CHARACIERISTICS OF THE AREA
1. Number of acres , Z
2. Number of inhabitants
3. Number of registered voters 2
4. Number of dwelling units 3
5. a. What is the present use of the area (be brief, but specific) :
44�5/Di>-�71 AL-
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: Prezonin g is a filing
requirement for city annexations) :
P-1 - g,
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.
Q[-�top� o� �yT/r'U 2t�tot�:cL.
q-,T4-$-
8. Do the boundaries of the subject territory conform to lines of
assessment and ownership? YES NO_
If NO, please explain the reason for non-conformity and provide
justification for approving the boundary change as proposed:
Suppl. Appl. -2-
9. Do the boundaries of any proposed city annexation create an island,
corridor or strip of unincorporated territory? YES_ NO_4
If YES, answer the following questions:
a. Number of acres in the island, corridor
or strip? (If more than one island is being
created, indicate the acreage of each island.)
b. Number of inhabitants?
C. Assessed value?
d• Iand use and zoning in island, corridor or strip?
e. Describe present and proposed sewer and water services in island:
f• Does the proponent request waiver of restriction against creation
of an island? YES NO
If YES, explain why creation of an island is justified.
SERVICES
10. Is the territory proposed for annexation/detachment/reorganization in
the City or District's urban service area: YESY 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
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/landowner of the district.
service/improvement:
Cost: $ fyr. 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 FYancisco Bay Area Air
Pollution Control District, County Library Zone, and Water
Importation. ) (Refer to County Tax Rate Code Book for this
information) :
LANra,ZIERS AND REGISTERED VOTERS
14. Please provide the information requester) 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
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/ZiA Tel. No. No. land
(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 lard." Government Code Section 56048.
Supp• Appl. -4-
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
Com mnity 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)
(Z)
(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.
(Print name of person ccmplete-
ing this application) (Address)
(Signature) (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
submit this information to the appropriate school districts) and the
signature above is considered verification that this filing requirement
has been met.
CERTIFICATE OF CITY CLERK (Required for 100% Consent Proposal)
I CEMFY 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 FURIHM CERTIFY 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-100% 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-
C1 Ly air Cuprrt into -
NI:(:A"I'I V I: III:t:1.AliA"I'I tIN•
May 21 , 19:14
An provided by she lisivirunttu•uial Awrvn::nn•n1 Prart•durt• , adapted by fIto (:iIv
(5mmail ar the City nr t:upvri lam tin Murrb 77. 1971 . an nnv•ndrd , the fnllnwlnl;
denrribed prujarl was gr:n%led a megalIve Dvv laraliaa by the Clly Cuuncil of
Ilse City of Cuprrl im, rn tl:ty 71 , 19li4 .
I.ra.jrsa I)r::r t.ipl _%till Lttral I'm
Applirat inu 4-IfA-it/% ApplIrani : Cily ul Cuprrliva (014 Kuala vinta : 'en)
. I.,Iva latt: Crueral ly houudod by Ctanada Atavistic- In the
tiarUt, Itt%prrlal Avt•nue In ibv rail .
th•1:1 t•1 1.111 Rand I at I hr ::uui It and by l br
wvnl of ly humulary of the Blackberry -
12trm Cult Cuutrr In Ibv went
UirrrvL 1an:rs'v AN lam Rrtln_ T,1 : Prvzunr and rrznnt•
•approx imal vly 97 arn•:% wiI It in the It Id Munla Vinta
:tro:l to RI-11 (Its^;I deist InI Singlukamlly) , RI -7.5
(Rrsldi•nl La Siul;ir-family) , I' .(Planned Uevelopmvn1.
wllh 11 Res Waal in 4.4-12 dwrl Ann unIIn per grusm;
arrc) , 1' (1'I:ana•d hrvrinpmval w I I h a Pen idrnl in
4 .4-7.7 dwvIlIng ins ilS per grnsm nvrv) , F (Planned
I)t•vt•lapun•111 wish Light I Italians r In I and Remidv"l In!) ,
I' (Planned 11vvelaptnvnl with AgrlrwlI "rr/Rvrrvallanai) ,
and lit? (VIII'liv 11ui1diul;) zanlnt; dIntrlt-In.-
I.indInl . al' Itor iS III lit. II _ Lady
The city Cuuncil 1•.r:In Lrd :s Nrgtil Iva; Norlaral iun ninrr the prajrrl In rttn::i::lon1
with the Central Naas and his:: na Sll;nll 1t•anl onvirmunrnl.al Imparlx.
.i f t•:: II
I'I:nminl; I)irr%•Inr
Th1n in to certify that the above Negative Declaration wan riled
In the orrice or the City Clerk or the City or Cupertino on May
22 , 1904 .
eputy City Clerk
fry, 1 -2
Initial. Study. ._.
City of Cupertino
Environmental Assessment Procedures
E. A. File Number(s) 6-14A-H4
Application File Number(s) 1-7.-84
Date rebrunry 27 , 1984
The California Environmental Quality Act of 1970, as amended, requires public
agencies to evaluate public and private projects to determine their potent=al
impact an 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 an the environment.
If, based upon the information provided' belov, 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 F-xi Tentative Map Other
Use Permit Variance
O. i unl.a 1sca irea generaiiy bounuce by Grang a Avenue to thencir ui,"Imperial
Location Avenue to the east, McClellan Road to the st .th and by the westerly boundary of
the aCkberry rarm ou: CoUrSQ to Lne wesL.
Applicant City or: Cupertino
Address of Applicant 10300 Torre Avenue , Cupertino, CA 95014 Phone (408) 252-4505
General Description of Project rrezoue nod re-one the above areas to zoning
districts consistent with the Gencral Plan . The nrojrrt sire contains approximately
97 acres .
Rev.7 /A/An
Description of Project (conc 'd. )
Soecific Details of the Project:
1. Size of Site N/A
2. I:icensity of Development
(a) If residential:
(1) Number of unics per gross acre
(2) Residential Unic Schedule:
Owner— No. of Size Estimated Total
Rental ( ship Bedrooms Sq.ft. ( Sales Price (Number
Unit type 91
Un'_c type 92
Unit type 93
Unit type 94
Unit type 95
1VTAL
(3) Percentage in area of building coverage
Percentage in area of recreational open space
(4) Parking required Parking proposed
(b) If commercial , industrial, or insticutional:
(1) Building square footage
(2) Percentage of building coverage of site
(3) Escimace of maximum number of employees per shift
(4) Parking required Parking proposed
Questions Related to Potential Lmoact of Protect
A. Social/Cultural Impacts : Yes Navbe No
(1) Will the proposed project result in the dis-
placement of people? X
(2) Will the project alter the employment base
of the community? X
(3) Will the project alter the housing needs
of the community? X
(4) Does the proposed project affect a historical
or archaelogical site? X (Note 1)
(Page 4)
S. Physical Impacts:
(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 i<n 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? j. X
(4) Will the construction and/or operation of the
project result in significant amounc 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 107. or greater? X
(8) Does the project involve the use or disposal
of potentially hazardous materials such as
toxic substances, flammable or explosive? X
(9) Is the project a phase of an existing or
future larger project or series of projects? X
-3-
Descriocion of ahe 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 sire, and the use of
structures. A plot plan may be required for the description.
(2) Describe the surrounding .pioperties, including information on
plants and animals and any cultural, historical or scenic
aspects. . Indicate the type of land use (residential, commer-
cial, ecc.) , intensity of land use (one-family, apartment
houses, shops , department stores, ecc. ) , and scale of devel-
apment (height , frontage, set-back, rear yard, ecc.) .
CERTIFICATION: I hereby certify that the statements furnished
above and in the attached exhibits present the data and infor-
mation required for this initial evaluation to the best of my
ability, and that the facts, statements, and information pre-
sented are true and correct Co the best of my knowledge and
belief.
DaCe/]/ �/
Ta
(Signature)
For li E-r-/ fiT GtJP�7'�fltio
(1) The project site is comprised of er. Lsting urban development including n
acre golf course and picnic ground recreation complex. The ontire area
has general historic value. A few structures m= have greater historicn ].
value as separate ontities. The recreation complex is located in Lila
100-year evont flood plan for Stevens Creels.
(2) The project area is bordered by the Old Monti Vista Commercial District
to the north, by the Went Valley Industrial Park to the east and by
single-family residential neighborhoods to the south and west .
Part I I -
Information to 6e completed by City O FFicials
A. Primary General Plan Considerations : Yes Havbe 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
(g) Solid waste x
(3) Is the project side outside of the Urban Ser-
vice Area of the City as defined by Santa
Clara County Local Agency Formation Commission? x
B. Social/Cultural Impacts:
(1) Wi11 the proposed project result in the dis-
placement of people? x
(2) Will the project alter the employment base
of the community? x
(3) WL1 the project alter the housing needs
of the community? x
(4) Does the proposed project affect a histori-
cal or archaelogical sital x
(5) Will the proposed project eliminate an
existing recreational use at the project site?
(6) Does the proposed project decrease public
access to any public body of water or recrea-
tional area? x
(7) Will the proposed project alter the location,
distribution, density or growth rate of the
human population of an area? x
(8) Will the project result in: Yes Mavbe ;lo
(a) The disturbance of a natural or man—made -
feature in the project area which is unique? X
(b) The obscruction of a .scenic vista open to
the public? X
C. Physical Impacts :
(1) Will the proposed project result in the exposure
of people or property to geologic hazards such
as earthquakes , landslides, mudslides, ground
- failure or similar hazards? X
(2) Will the proposed project result in:
(a) Unstable earth condicions or changes in
geologic substructures? X
(b) Disruptions, displacements, compaction or
overcovering of the sail? 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
sail, 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) WL1 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,
disealved oxygen or turbidity? X
(8) Wil the project result in: J Yes Mavbe No
(a) The disturbance of .a natural or man—made -
feature in the project area which is unique? X
(b) The obstruction of a .scenic vista open to
the public? X
C. physical Impacts :
(1) Will the proposed project result in the exposure
of people or property to geologic hazards such
as earthquakes, landslides, mudslides, ground
failure or similar hazards? x
(2) Will the proposed project result in:
(a) Unstable earth conditions or changes in
geologic substructures? X
(b) Disruptions, displacements, compaction or
overcovering of the soil? X
(c) Change in topography or ground surface
relief features? X
(d) The destruction, covering or modifica—
tion of any unique geologic or physical
feature? X
(e) Any increase in wind or water erosion of
soil, either on or off the site? X
(3) Will the proposed project result in:
(a) Substantial air emissions or deterioration
of ambient air quality? R
(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 ,
dieeolved oxygen or turbidity? X
Yes Havbe No
(d) Alteration of the direction or race of flow
of ground water? X
(e) Change in the quantity of ground waters ,
either through direct additions or wich-
drawals , or through interception of an
aquifer by cuts or excavation? X
(f) substantial reduction in the amount of
water otherwise available for public water
supplies? X
(g) Exposure of people or property to water-
relaced 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 , beachic 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
f
Yes Mavbe to
(8) 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 an existing parking facilities, or
demand for new parking? X
(c) Substantial impact upon existing transporca-
tion systems? X
(d) Alterations to present patterns of circula-
tion or movement of people and/or goods? X
1
(e) Alterations to waterborne, rail or air
traffic?
(f) Increase in traffic hazards to motor vehicles,
bicyclists or pedestrians? X
(11) Mandatory Findings of Significance:
(a) Does ttie 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 plane 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
Yes Havbe ,"la
(c) Does the project have impacts which are
individually limited, but cumulatively can—
siderable? (A project may impact on twa or
mare separate resources where the impact an
each resource is relatively small , but where
the effect' of the total of those impacts
on the environment is significant. ) A
(d) Does the project have environmental effects
which w+>> cause substantial adverse
effects an human beings, either directly or
indirectly? X
Discussion of Environmental Evaluation
(Note: Use additional sheets if necessary.)
Determination:
On the bass 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 an 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.
Fi That the proposed project HAY have a significant effect on the environment,
and an ENVIROMIENTAL IHPACT REPORT is required.
Date
Oca' an, Environmental Review Committee
For CAD