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DATE 19
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193M STEVENS CREEK BOULEVARD - - -
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1: 120002481: 637 05LL 0433091
RESOLUTION NO. 9660
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO MAKING DETERMINATIONS AND APPROVING
THE ANNEXATION OF TERRITORY DESIGNATED "DOLORES
AVENUE 96-0311, APPROXIMATELY 0.456 ACRE LOCATED ON
THE NORTH SIDE OF DOLORES AVENUE BETWEEN ORANGE
AVENUE AND BYRNE AVENUE; COLE (APN 357-14-027)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.456 acre on the west side of
Dolores Avenue (APN 357-14-027) has been filed by property owners Ruby Mae Cole;
and
WHEREAS, on January 3, 1995, the City Council adopted resolution No. 9637
initiating proceedings for annexation of the area designated "Dolores Avenue 96-03; and
WHEREAS, said territory is uninhabited and all owners of land included in the
proposal consent to this annexation; and
WHEREAS, Section 35150.5 of the California Government Code states that the
Local Agency Formation Commission shall not have any authority to review an
annexation to any City in Santa Clara County of unincorporated territory which is within
the urban service area of the city of the annexation if initiated by resolution of the
legislative body and therefore the City Council of the City of Cupertino is now the
conducting authority for said annexation; and
WHEREAS, Government Code Section 56837 provides that if a petition for
annexation is signed by all owners of land within the affected territory the City Council
may approve or disapprove the annexation without public hearing; and
WHEREAS,evidence was presented to the City Council;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cupertino as follows:
Resolution No. 9660 • Page 2
1. That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated "Dolores Avenue 96-03", more
particularly described in Exhibit "A";
2. That the following findings are made by the City Council of the City of
Cupertino:
a. That said territory is uninhabited and comprises approximately 0.456
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.
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.
2
Resolution No. 9660 • • Page 3
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 15th day of July, 1996 by the following vote:
Vote Members Qf tht,City Council
AYES: Bautista, Chang, Dean, Sorensen, Burnett
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Roberta Wolfe /s Don Burnett
Deputy City Clerk Mayor, City of Cupertino
reso1uiha9660.doc
3
EXHIBIT "A"
ANNEXATION TO THE CITY OF CUPERTINO
DOLORES AVE_ 96-03
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF SANTA CLARA. STATE OF
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 142, AS SAID PARCEL IS SHOWN ON THAT
CERTAIN MAP ENTITLED "MAP OF SUBDIVISION W OF MONTA VISTA"WHICH MAP WAS FILED FOR
RECORD ON APRIL 11, 1917, IN BOOK "P" OF MAPS AT PAGE 20, SANTA CLARA COUNTY
RECORDS; SAID POINT OF BEGINNING LYING ON THE NORTHERLY LINE OF DOLORES AVENUE
BEING ALSO A NORTHERLY LINE OF THAT CERTAIN ANNEXATION TO THE CITY OF CUPERTINO
ENTITLED "DOLORES AVE. 88-13';
THENCE LEAVING SAID POINT OF BEGINNING ALONG THE EASTERLY LINE OF SAID PARCEL 142,
NORTH 198.42 FEET TO THE SOUTHERLY LINE OF SECTION 136 AS SHOWN ON SAID "MAP OF
SUBDIVISION'A'OF MONTA VISTA"ABOVE DESCRIBED;
THENCE ALONG SAID SOUTHERLY LINE OF PARCEL 136 WEST 100.15 FEET TO THE EASTERLY
LINE OF PARCEL 141 OF SAID"MAP OF SUBDIVISION 'A'OF MONTA VISTA";
THENCE ALONG SAID EASTERLY LINE OF PARCEL 141, SOUTH 198.42 FEET TO A POINT ON SAID
NORTHERLY LINE OF DOLORES AVENUE, AND NORTHERLY LINE OF SAID ANNEXATION ENTITLED
"DOLORES AVE. 88-13",
THENCE ALONG SAID NORTHERLY LINE OF DOLORES AVENUE, AND NORTHERLY LINE OF SAID
ANNEXATION ENTITLED'DOLORES AVE. 88-13", EAST 100.15 FEET TO THE POINT OF BEGINNING.
CONTAINING: 19,871.8 SQUARE FEET, MORE OR LESS.
0.456 ACRES, MORE OR LESS. oQAOFESSJONq�
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RESOLUTION NO. 9637
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO SETTING DATE FOR CONSIDERATION OF
ANNEXING AREA DESIGNATED "DOLORES AVENUE 96-03",
PROPERTY LOCATED ON THE NORTH SIDE OF DOLORES
AVENUE BETWEEN ORANGE AVENUE AND BYRNE AVENUE;
APPROXIMATELY 0.456 ACRE, COLE
(APN 357-14-027)
WHEREAS, the City Council of the City of Cupertino has received a request for
annexation of territory designated "Dolores Avenue 96-03" from property owner, Ruby
Mae Cole; and
WHEREAS, the property, 0.456± acre on the north side of Almaden Avenue
between Orange Avenue and Byrne Avenue (APN 357-14-027) 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. 9637 • Page 2
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 "Dolores Avenue 96-03" at their regular meeting of July 15, 1996.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 17th day of June, 1996 by the following vote:
Vote Members 4f1k dlyCouncil
AYES: Bautista, Chang, Dean, Sorensen, Burnett
NOES: None
ABSENT: None
I
ABSTAIN: None
ATTEST: APPROVED:
/s/ Kimberly Smith /s/ Don Burnett
City Clerk Mayor, City of Cupertino
reso1uti/res9637.doc
2
EXHIBIT "A"
ANNEXATION TO THE CITY OF CUPERTINO
DOLORES AVE_ 96-03
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 142, AS SAID PARCEL IS SHOWN ON THAT
CERTAIN MAP ENTITLED "MAP OF SUBDIVISION W OF MONTA VISTA"WHICH MAP WAS FILED FOR
RECORD ON APRIL 11, 1917, IN BOOK "P" OF MAPS AT PAGE 20, SANTA CLARA COUNTY
RECORDS; SAID POINT OF BEGINNING LYING ON THE NORTHERLY LINE OF DOLORES AVENUE
BEING ALSO A NORTHERLY LINE OF THAT CERTAIN ANNEXATION TO THE CITY OF CUPERTINO
ENTITLED"DOLORES AVE. 88-13'
THENCE LEAVING SAID POINT OF BEGINNING ALONG THE EASTERLY LINE OF SAID PARCEL 142,
NORTH 198.42 FEET TO THE SOUTHERLY LINE OF SECTION 136 AS SHOWN ON SAID "MAP OF
SUBDIVISION WOF MONTA VISTA"ABOVE DESCRIBED;
THENCE ALONG SAID SOUTHERLY LINE OF PARCEL 136 WEST 100.15 FEET TO THE EASTERLY
LINE OF PARCEL 141 OF SAID "MAP OF SUBDIVISION WOF MONTA VISTA";
THENCE ALONG SAID EASTERLY LINE OF PARCEL 141, SOUTH 198.42 FEET TO A POINT ON SAID
NORTHERLY LINE OF DOLORES AVENUE, AND NORTHERLY LINE OF SAID ANNEXATION ENTITLED
"DOLORES AVE. 88-13",
THENCE ALONG SAID NORTHERLY LINE OF DOLORES AVENUE, AND NORTHERLY LINE OF SAID
ANNEXATION ENTITLED"DOLORES AVE. 88-13", EAST 100.15 FEET TO THE POINT OF BEGINNING.
CONTAINING: 19,871.8 SQUARE FEET, MORE OR LESS.
0.456 ACRES, MORE OR LESS. QP0FESS10Nq
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County of Santa Clara
Environmcntal Resources Agency
Building Inspectio[Aand Dcvclopincnt Hn9inccring and Surveying; b
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County Covcmnx:nt Ccntcr. F,asl N'in}E � .;� i• �
70 WeSI Heckling 51reeL 7111 FI(x)r 'S•�'
Stn lose. California 97,1 10
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June 5, 1996
Kim Smith, City Clerk
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
The attached map and description dated April, 1996, of territory proposed for
annexation to the City of Cupertino entitled DOLORES AVENUE 96-03 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.
Martin D. Marcott
County Surveyor
Attachment
cc: LAFCO Executive Officer (w/attachment)
Ru1rc1 of Su1x•n'iuxs 6lichael M. I lon(la. 111anca Alvarado, Hon Gonzales.lames T. BC III Jr- Di:unxr M(i:enna
County F_C(-CIjIi 'c: Richard willenlx•rg
EXHIBIT "A"
ANNEXATION TO THE CITY OF CUPERTINO
DOLORES AVE_ 9F-03
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA. MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 142,AS SAID PARCEL IS SHOWN ON THAT
CERTAIN MAP ENTITLED"MAP OF SUBDIVISION W OF MONTA VISTA"WHICH MAP WAS FILED FOR
RECORD ON APRIL 11, 1917, IN BOOK "P" OF MAPS AT PAGE 20, SANTA CLARA COUNTY
RECORDS; SAID POINT OF BEGINNING LYING ON THE NORTHERLY LINE OF DOLORES AVENUE
BEING ALSO A NORTHERLY LINE OF THAT CERTAIN ANNEXATION TO THE CITY OF CUPERTINO
ENTITLED"DOLORES AVE. 88-13";
THENCE LEAVING SAID POINT OF BEGINNING ALONG THE EASTERLY LINE OF SAID PARCEL 142.
NORTH 198.42 FEET TO THE SOUTHERLY LINE OF SECTION 136 AS SHOWN ON SAID "MAP OF
SUBDIVISION'A OF MONTA VISTA"ABOVE DESCRIBED;
THENCE ALONG SAID SOUTHERLY LINE OF PARCEL 136 WEST 100.15 FEET TO THE EASTERLY
LINE OF PARCEL 141 OF SAID"MAPOF SUBDIVISION'A'OF MONTA VISTA";
THENCE ALONG SAID EASTERLY LINE OF PARCEL 141, SOUTH 198.42 FEET TO A POINT ON SAID
NORTHERLY LINE OF DOLORES AVENUE,AND NORTHERLY LINE OF SAID ANNEXATION ENTITLED
"DOLORES AVE. 88-13",
THENCE ALONG SAID NORTHERLY LINE OF DOLORES AVENUE, AND NORTHERLY LINE OF SAID
ANNEXATION ENTITLED-DOLORES AVE. 88-13", EAST 100.15 FEET TO THE POINT OF BEGINNING.
CONTAINING: 19,871.8 SQUARE FEET, MORE OR LESS.
0.456 ACRES, MORE OR LESS. QPOFESSIOyq
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City of Cupertino (408) 777-3249
10300 Torre Avenue
Cupertino, CA 95014
PETITION
for proceedings pursuant to the
CORTESE-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 reorganizations, 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:
DOLORES AVENUE 96-03
Sims Address: 21901 Dolores Avenue
and consists of:
X_annexation to CITY OF CUPERTINO
detachment from (name City/District)
of 0.456 (number of) acres on the north (n/s/e/w)
side of Dolores Avenue (Street/Avenue)
between Orange Avenue (Street/Avenue)
and Byrne Avenue (Street/Avenue)
and (if applicable) _annexation
_detachment
of the same to/from
(name City/District(s))
3. A metes and bounds description of the exterior boundaries of the territory(ies) included
in the proposal, marked Exhibit A and a map of the said territory(ies), marked Exhibit B,
are attached to this petition and by this reference incorporated herein.
4. Territory to be organized/reorganized is: inhabited.
("inhabited" = 12 or more registered voters) X unihabited.
5. This proposal X is consistent with the Sphere of Influence
is not of the affected city and district(s).
6. The reason(s) for the proposed annexation (annexation, detachment,
reorganization, etc.) is/are: development of a new single family residence.
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:
tv/4
8. The person(s) signing this petition hasihave signed as (check one):
wl�owner(s) of land within the affected territory.
registered voter(s) within the affected territory.
9. The undersigned proponent(s) / do own 100% of the territory
do not proposed for change of
organization or
reorganization.
Wherefore, petitioner(s) request(s) that proceedings be taken in accordance with the provisions of
Section 56000 et seq. of the Government Code and herewith affix signature(s) as follows:
CHIEF PETITIONERS
(not to exceed three)
Signatures
of Petitioners
(Please print Street Address Assessor's Election
name belowl City/State/Zip Parcel No.* or Precinct No.**
21go 1 'peLEees ,1ve 397-14—ox7
u9\/ MAG COLE CItiP&ATiNU CA95a/'f
Date: /Z fin.,'/ 199, Phone: (5) 26 6
Date: Phone: ( )
Date: 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 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.)
PROPOSAL DESIGNATION: DOLORES AVENUE 96-03
Annexation )
Detachment ) to from CITY OF CUPERTINO
Reorganization) (City or Spec. District)
ENVIRONMENTAL STATUS OF PROPOSAL
XX CITY OF CUPERTINO, as Lead Agency for environmental review of the project,
(Name of City/District)
has already nrezoned the territory on 6/4/84
( prezoned? other approval action?) (date)
and in compliance with CEQA, has:
determined that the annexation is categorically exempt from provisions of CEQA
pursuant to Cal. Adm. Code Sec. (cite class exemption section.)
XX 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) 777-3308).
Proposal is categorically exempt form provisions of CEQA pursuant to Cal. Adm. Code
Sec. because
Suppl. Appl. -1-
CHARACTERISTICS OF THE AREA
1. Number of acres .456
2. Number of inhabitants 1
3. Number of registered voters 1
4. Number of dwelling units 1
5. a. What is the present use of the area (be brief, but specific):
Single Family Residence
b. Indicate the parcel numbers of those parcels, if any, which are under contract under
provisions of the Williamson Act: N/A
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.
New single family home- construction to begin as soon as possible.
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. Land use and zoning in island, corridor or strip?
e. Describe present and proposed sewer and water services in island:
f. Does the proponent request waiver of restriction against creation of an island?
YES NO_
If YES, explain why creation of an island is justified?
SERVICES
10. Is the territory proposed for annexation/detachment/reorganization in the City or District's
urban service area: YES X NO_
11. If new development is proposed on the site, will this new development be permitted without
community sewage discharging into an existing sanitary sewer system and disposal plant?
YES _NO X_
If YES, what arrangements will be made to provide sewage disposal?
Suppl. Appl. -3-
12. Will the extension of sewerage and/or water services or the construction of any public
improvements to the affected territory be financed 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 ors. $ /yr. for ors.
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 Elementary School District Cupertino Sanitary District
Fremont Union High School District Mid-Peninsula Open Space District
Foothill Communitv College District
LANDOWNERS AND REGISTERED VOTERS
14. Please provide the information requested below:
a. Owners of land* within the proposed annexation/detachment/reorganization 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.
Date (Print name below) City/State/ZiQ_ Tel. No. Parcel No. Value of Land
See (408)
Petition Ruby Mae Cole 252-3486 357-14-027 $17,254
21901 Dolores Ave. San Jose,CA 95127
*See next page
Suppl. Appl. 4-
* "Owner of land means any person shown as the owner of land on the last Equalized
Assessment Roll; where such person is no longer the owner, then any person entitled to
be shown as owner of land on the next Assessment Roll; where land is subject to a
recorded written agreement of sale, any person shown therein as purchaser, and any
public agency owning land." Government Code Section 56048.
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 VISKOVICH 10300 TORRE AVENUE
(Print ame of person com leting this CUPERTINO, CA 95014
ap catio
(Signatur ) (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 district(s) and the signature above is considered verification
that this filing requirement has been met.
Suppl. Appl. -5-
•
CERTIFICATE OF CITY CLERK (Required for 100% Consent Proposal)
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 FURTHER
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
a. Owners of land within the proposed annexation/detachment/reorganization 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 and attach.)
b. FOR NOT-100% CONSENT PROPOSALS, list all registered voters residing in the
territory proposed for annexation/detachment/reorganization 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.)
Suppl. Appl. -6
EXHIBIT "A"
ANNEXATION TO THE CITY OF CUPERTINO
DOLORES AVE. 96-03
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 142, AS SAID PARCEL IS SHOWN ON THAT
CERTAIN MAP ENTITLED "MAP OF SUBDIVISION 'A'OF MONTA VISTA"WHICH MAP WAS FILED FOR
RECORD ON APRIL 11, 1917, IN BOOK "P" OF MAPS AT PAGE 20, SANTA CLARA COUNTY
RECORDS, SAID POINT OF BEGINNING LYING ON THE NORTHERLY LINE OF DOLORES AVENUE
BEING ALSO A NORTHERLY LINE OF THAT CERTAIN ANNEXATION TO THE CITY OF CUPERTINO
ENTITLED "DOLORES AVE. 88-13';
THENCE LEAVING SAID POINT OF BEGINNING ALONG THE EASTERLY LINE OF SAID PARCEL 142,
NORTH 198.42 FEET TO THE SOUTHERLY LINE OF SECTION 136 AS SHOWN ON SAID "MAP OF
SUBDIVISION'A'OF MONTA VISTA"ABOVE DESCRIBED.
THENCE ALONG SAID SOUTHERLY LINE OF PARCEL 136 WEST 100.15 FEET TO THE EASTERLY
LINE OF PARCEL 141 OF SAID"MAP OF SUBDIVISION 'A'OF MONTA VISTA
THENCE ALONG SAID EASTERLY LINE OF PARCEL 141, SOUTH 198.42 FEET TO A POINT ON SAID
NORTHERLY LINE OF DOLORES AVENUE, AND NORTHERLY LINE OF SAID ANNEXATION ENTITLED
"DOLORES AVE. 88-13",
THENCE ALONG SAID NORTHERLY LINE OF DOLORES AVENUE, AND NORTHERLY LINE OF SAID
ANNEXATION ENTITLED"DOLORES AVE. 88-13", EAST 100.15 FEET TO THE POINT OF BEGINNING.
CONTAINING: 19,871.8 SQUARE FEET, MORE OR LESS.
0.456 ACRES, MORE OR LESS. Q�yOFESS10Nq
N
A.P.N. : 357-14-027 Q Y Z s
140.22023
E96 F30-97
JP cra
grFOF cP,0 P
w
Q
LCA2AR
SITE
aowrES
APN. 35-1 - 14 -OTI F MCCL<:LLAN Rp.
PARCEL 142 MAF OF LOCATION MAP
1SU50- "A' MONTAVI5TAN
PabOK- P MAF5 PIP14 ..'`� 13�
19,811.81:S,F.
0. 45lotAc• T
160.15 M��YAVj 7A.
Q = ,� Sup M. 5
>
143
I
"6YRNEAE-.86'11" o - DOLORES AVE.
1 coLP{2E9 AVE. 88'13
1
WI
Z1
� I
� 1
QnofEss/0 p. tP.SY-O ANHOXNTION
H aF �Fti 'T b T
Wo.2 z 9 -.CITY DF CUPI zTIrJo
saw �NTi�l.�p
r'grf OF cnuF��a\! VOLORE�B
IAP121 L
American Title Insurance Company
A Stock Company
PRELIMINARY REPORT
In response to the application for a policy of title insurance referenced herein, FIDELITY
NATIONAL TITLE INSURANCE COMPANYhereby 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
in 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 or amendments hereto) is issued solely for the purpose of
facilitating the issuance of a Policy or Policies 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.
Please read the exceptions shown or referred to below and the exceptions and exclusions set
forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide
you with notice of matters which are not covered under the terms of the title insurance policy
and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the
condition of title and may not list all liens, defects and encumbrances affecting title to the
land.
Fidelity National Title Insurance Company
MIIFn THROUGH JPT
AMERICAN TITLE a' eY INSURANCE COMPANY ; SEAL
5
A FIDELITY NATIONAL TITLE AFFILIATE �' `f ATTESTU.
ounters gne
.01
American Title Insurance Company
A Stock Company
a
19200 Stevens Creek Boulevard #230 • Cupertino, CA 95014
(408) 253-6990 • FAX (4081 253-3780
PRELIMINARY REPORT
ESCROW OFFICER: Wai Ling Chu ORDER NO.: 310323
TO: Re/Max Group South Bay
19200 Stevens Creek Boulevard #210
Cupertino, CA 95014
ATTN: Robert Yu
SHORT TERM RATE: No
PROPERTY ADDRESS: 21901 Dolores Avenue, Cupertino, California
EFFECTIVE DATE: February 27, 1996, 07:30 A.M.
The form of Policy or Policies of title insurance contemplated by this report is:
American Land Title Association Loan Policy Ito-17-92) with A.L.T.A. Form 1 Coverage
California Land Title Association Standard Coverage Policy - 1990
1 . THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT IS:
A Fee
2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
WILLIAM LEE COLE and RUBY MAE COLE, Trustee, or their successor(s) of the Cole Family
Trust Agreement dated August 2, 1990
3. THE LAND REFERRED TO IN THIS REPORT IS SITUATED, IN AN UNINCORPORATED
AREA, IN THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND IS
DESCRIBED AS FOLLOWS:
SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF
MB11s 03/13/96
1
• • Order No. 310323
EXHIBIT "ONE"
All of Lot 142, 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 Book P of Maps, at Page 20.
Assessors Parcel No: 357-14-027
2
• • Order No. 310323
AT THE DATE HEREOk, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN
ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD
BE AS FOLLOWS:
1. Property taxes, including any personal property taxes and any assessments collected with
taxes, for the fiscal year 1995-1996, Assessor's Parcel Number 357-14-027.
Code Area Number: 63 079
1st Installment: $213.62 paid
2nd Installment: $213.62 open
Land: $17,459.00
Improvements: $17,459.00
Exemption: $7,000.00
Personal Property: $0.00
2. Supplemental assessment for 1995-1996
APN: 357-14-027-99
First Installment: $108.00 paid
Must be paid by: December 7, 1995
2nd Installment: $108.00 open
Must be paid by: NONE SHOWN
3. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5
(Commencing with Section 75) of the Revenue and Taxation code of the State of
California.
4. Covenants, conditions and restrictions (deleting therefrom any restrictions indicating any
preference, limitation or discrimination based on race, color, religion, sex, handicap,
familial status or national origin) as set forth in the document
Recorded: April 8, 1944, Instrument/File No. 307051, of Official Records
Said covenants, conditions and restrictions provide that a violation thereof shall not defeat
the lien of any mortgage or deed of trust made in good faith and for value.
5. A deed of trust to secure an indebtedness in the amount shown below, and any other
obligations secured thereby
Amount: $6,000.00
Dated: July 27, 1962
Trustor: W. L. Cole and Ruby Cole, his wife
Trustee: Valley Title Company of Santa Clara County
Beneficiary: Valley First National Bank, Cupertino
Loan No.: 360-8-59
Recorded: August 1, 1962, Instrument/File No. 2235681, Book 5666, Page
583, of Official Records
3
• • Order No. 310323
6. We find various Liens and Judgments, that are of record against persons with similar or
the same name as that of our vestee(s) shown herein. In order to complete this report,
this Compdny requires a Statement of Information to be provided for the following
vestee(s), which may allow and assist elimination of some or all of said Liens and
Judgments. After review of the requested Staternent(s) of Information, the Company
reserves the right to add additional items or make further requirements prior to the
issuance of any Policy of Title Insurance.
Vestee(s): Vestee herein
END OF ITEMS
Note 1. There are NO conveyances affecting said land, recorded within twenty-four (24) months
of the date of this report.
Note 2. "Section 12413.1, California Insurance Code became effective January 1, 1990. This
legislation deals with the disbursement of funds deposited with any title entity acting in
an escrow or subescrow capacity. The law requires that all funds be deposited and
collected by the title entity's escrow and/or subescrow account prior to disbursement of
any funds. Some methods of funding may subject funds to a holding period which must
expire before any funds may be disbursed. In order to avoid any such delays, all fundings
should be done through wire transfer, certified check or checks drawn on California
financial institutions.
Note 3. The charge where an order is cancelled after the issuance of the report of title, will be that
amount which in the opinion of the Company is proper compensation for the services
rendered or the purpose for which the report is used, but in no event shall said charge be
less than the minimum amount required under Section 12404.1 of the Insurance Code of
the State of California. If the report cannot be cancelled "no fee" pursuant to the
provisions of said Insurance Code, then the minimum cancellation fee shall be $360.00.
Note 4. California Revenue and Taxation Code 18668, effective January 1, 1991, requires that the
buyer in all sales of California Real Estate, wherein the Seller shows an out of State
Address, withhold 3-1/3% of the total sales price as California State Income Tax, subject
to the various provisions of the law as therein contained.
4
EXHIBIT A
AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY 18-1-871 EXCLUSIONS
M Mblion In tlw ffrfnuore,vw ern m1.r.f.nM'+n,n toff,mtle,whey'.Imo.sd Inn w.wrwef 3.Tidw Rfte:
,
wolm, ent Tr e16M A. M Onnd,lowed,or ,and 1.by to,
1. AM r ogles,idmems,a dome d polies in mbOssbon d this Ile not don,,by the esnbec record.. Mho m.known la Yoe,tent not to w. Ile Policy DO*MAbs tlev sroewM in Ile mike refads
•IN we ethM recall M no bee to♦w
imporwmnnle an Ile IW etbM Net of.yes mil rile tM pricy DMe-IN.does.them the leper cad missid lent rorwpw
•I"6viion in hem a of Ce..fed Tide RNa
AnewiAl potation <.
v Fdbt.o pry rNn In
Yw1 lilln
This nQrdm dam ho edY 1.violim is p le wdwMe d bens_mm. h' ne'M IN, 5. lmR rogM: .
it,
TN. recede M p ress rime. •to wry Tared wide IN,Mne epedDciv dwvibed m'sd rMsrb to in Nee 3 d Sclwdle
iNa s to
dam M thmN tbm Ivdry wrsein dwsnibb M henna 12 cad\]b UrmM LNM RNs. ye
2. its ripM le INn this kin by a GIN i Are N.indfae: •b melee,door
n tl wsmwrye INM np s♦w IW.
.ankle d eme ni l Ile rqM ssyemn in Ile pubthc'm:vda an Ile Polly DMe lids vedtuon doss not imN tM ec.w mrs.pe lo Ilse 5 b carsb'rile Reks.
•Ile vAod hwwwd pot to Ile Poky Doe erM M tenmdmq on yes I yes bvgh Ile Ile r.NM1osn
krorAedpe d Ile Wiry
SCHEDULE B
EXCEPTIONS
M wd6b in to Ile Emissions. yes As.i evol'Gino loss.mho.,.marori line.And the e.'ev 3.Ary,Iles ebo t the Iwm Mich a opuses oxwry nand dsluw sel w No rd s nv,n by tM p Nc
I.sNwy Ilan: I—ift.This does Ile Ilse the lon ed 1.0 cews.tp in hie 12 of Peyote Tide Nike.
1. AM 6,N.,F.west.,a rides b ps.Ma in poeewoan of IN,Nerd No Amem,by Ile whin'muds. ..Arty WOW nipM.or dome a INM to wove In v t rds\M lGrse,MMeM a'vn sown by Ile wbthc
2. Aw ewm,s..a ions M dorm by I.pnbie rssads. This done ro\roil 11.lem mrm'n in hem lewd..
B of 6 .nob IhM R.k..
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY- 1990
EXCLUSIONS FROM COVERAGE
TM Idorry mils se a.pnedy a.dndb Nan IN,nonssp d IN.piny M IN,Comps.v wi not Ile o,. ed,Mlleb..emnmb v speol Ie by Ile imMab demur.;
pry tows m donate,noo..MtanoY s line or s meness which m;se by rsaan d: IN rot known 1.this C pw.y,not repmdb in the pubic mwds er DO.of Pricy.pint krowm To ties
1. 1.1 Army Ion,ordn coos a pwsrmer.d repl.IFm(rdndN Net not im;lb to N.M,sled zodry\ewe, inawed dement And not dedoeed M_miry to the Canpsy,be this Frwb tliese Army I.Ile dine
v6nsnaa,or repiMbsl reetn ioi'.wohibbin,v'MAIN to N Ile cx:aA, es,v A-j.'.of UM wm.vJ doe's becsm an honeyed toles Ilve pale';
tle 1";TO Ile hGrcte,dmssimM is l000don d Any in.pow.mae now oat ha.dts seats m Ile Id wMTirq et no love as donate le Ile k ewd ddmM.;
1";G1 .sips elpl,N ownndip v.0,".M do dmarsiuns s...d I'm Isd be M pent d Id Muni'v msmb snbwemwe le Ds.d Piny,m
Mt c Ile I"w a caw.pet;or fw1 mnkermsed P.,in inn,a Ile Alen,d any ridsion of Ilan. Tel nesm;ry In In..or donate Mid%world M hvee Men AmonAl 3 IM;mnb tloms.had pod
I.ww, odvcwme't theraol v.mlica of e Meet.Fen or scvmtearoa remhiry I'me..wasie.n rdee Im Ile MMe as Femem Freed by IN.pdey.
osotM s�dMion sllscdry tle Isd has berm rawdM in tho public reads M Doe of Policy. e. U.wdorcmebAN d Ile then of tle irtevb man tem.d Ile inabill cape Y is Inlln.of IMFxV ed M
IN Any pnrsmn'- .prime pow.f not e,been by Id.Mrs,sscfM to tM eMe.INAWs a noble d tM DO"d P•fae.a IN,es.a live d Mry In yi g h I em.e d now iMfMbrMss,to comer calm
-mG 've eland t.rolics d.dde',the v ervmmlic v ass ds 0D Iran.Patens.
v iepM Ile li m,or ddry Mmdl 1, I.rr.se Ha nos sm wldch It. .. M dumb.
Mdmbn d sessys Ile IMm Ave b"I'ecadb a Ile y'isi rewda M DMe d Polo. 5. It.me m pwdmimoei b d Ile man cities 9 Mel N b is"v tlom dxwd,n Gib"eism non ,
2. Rpm.d comae ds An nee mo a nolFli d Iyn werdw y teltm hie beam I s,e b re Ile pubis Deeds IIM nsmwiarm Girth
in lod by Ile M.b mprtpspe ere M Arab seen unmy v An,mrrm,s msfn
M DMe pl Prkr,Ib M andndry Iron we're sly tekinp,Mid,Mw ecvmrd ". to Doe d An,d ion v bqh in nsWq Il th
Pricy Mich wale be ssedry s Ile rgMa d•whves Iv riw whhmn tnorAbps. 8. An,dd.n,which Grias eq d Ile b'No".reoiry,i IN,Feed Ile wove n a he i lined by
3. DNM..41M,e'nan'nbslaY,drete tlim.,v qhe mots.: Ileo penny v Ile Ir.weahml. . ,M s ill.a d IN,in gN. .. by rwneM d tM Gips MFm d
InMd bwirupry,opus FmdrM.:y,m dens vednwi rglu Lw.
SCHEDULE B
EXCEPTIONS FROM COVERAGE
TN.poser doss M Fawe atoll Flees donate IMm Ile Cmnpmy ni nd pry wmw,mlamv.fees ar arpmeesl Mvch Grime by canon o1: _.
PART 1
I. Tam«by ne ebseemes Mich se noI shown ve eMmi'Time by I'm mo,&of my Mdry a ytheky thet 3. E.aenMdw,IsM s—teems,be dde.therml,wNd,ss M shown by IN;pubic 1.4.
Fmiw Inne a....on led pepely a by This wldo r—ft.Rase6rys by.wbthc atmev d. Does" MI ,scintillate tot bpndMy loss.days M se.,...0 nON,a My,other Ism.vyNdh
wdicN mry'sadl in I...m n.ssems..,m'alw 6.of Mich poneerye,wbethes m roT.own by a cad re 'sissy wpdd fibs,ell Olsh A.not dM.rn be Ile prise road..
this reed.of myf%AT.,v by tM miNo r—d.. 5. Id Unle a nil midry dwms; IN mwolssiow m minap6aw in pone.by in Ads waM1vivry this
2. A,led.,nglee,Wisest.or dem.wNd,Gre not sown by IIM public r—it.bee w1:ch odd M lem.Ihsed:Id wens dent.,dries v INM le whom.wletla by rho Ile me'm...cmpb brow
sswtomd ter m i'wpmlion e11M IMd v which Dry M enewtM by wame M wfnm, llawol, Id.IN.s Id me sown by the pdip'ecada.
EXHIBIT A
(CONTINUED)
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92)
WITH A.L.T.A. ENDORSEMENT-FORM 1 COVERAGE AND
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92)
WITH A.L.T.A. ENDORSEMENT-FORM I COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
Pit,Ilne+d l I None wee w.proNY+.rAdM I—It.cnrnwln d IN.po&;Y wd IM co n tem alb mr rNn Iw Ilv nneln a ivwwf inwrM by tli+pcgnY.
tee.. ii,vroy'A lore a Loon,je,'k ir:h awn by wwron d: A. UwwJwmrbiy,d Ibe Aaq d tM iaed mvlggn by,_d tM i of,,y a Idve d IM ineted.
1. ed Any law,venom w pw.rmatJ rpelwion brrdudre bn ra imitM re bdirp wd twin'I.w., Owe d Po1m,a ohe Nobi,a live d M albioe n rt owe.o Minn idebdreeA.to campy,we".
dinwcs.a replwiarl rennin;'.pd:ein,oe rdwiry In n IM omrpery.rwa.v aaoine.d ppictle adp puJrwee Ie w d tM wee.in rJicF IM Ind 4 iouwM.IM Ind;f•1,M dv.d.,dm.rwra a bc.ien el ey iprwemw.rvw a Medl..rold on tM g. Iwddkv v rmeiamebily d IM.en d,M)mud ma,pgn,w ddm IMroI,Micle.wro eve d
I W;lino•srmwwimr n,owa W p a e nM1nrge in rM dr.rea.ory a.»d tM Ind w wry pwcd d IM tre n wd.ced by tM iawM menggw,eed w bred epwr eweY o ry cwa.mw-stir
rN.eF IM Ivd'n a wr a ps1;w lino emiarrnwrld Pawtion,w olw eHea d wrY rialwpn d Ilrws pdwelpon n IN a Ir W M1 in Mrrding Inn.
I.wa,vdnArrva v porermarnd rrglwime,..cote le the e.e.Ihor.orrice of IM one. . 6. An,st.or,Mn la ewrks.Id.w It mwo;b Ira tNe no. of pineky d em..wwY Eon Iw
"Need w •nolim of A dMxt,Ear er wrn.mber:e.mrwkg I'—.dplwian IN dklgd rwation wyw.e..bber v mwdAle we"Nero d IM irawM m-I1gr•1 wide)rem er impormnen ce work
"oneryl IM Ind hey been,IeprdM in INe MN.• Nbs IN Do.IN Po4y, 'NAM Io Ilvr Ind wlw:F w rnYIMM IP rd wxnmwrred nrbenmrerx le Do.d Pd.Y wrd is ra Ibl Any gor.mra.J pdm po_roe ro•dudM by IN chore•nr.m,no,M enrwn,NN A none.d,Nn M.eed w wldn a w pet by yo c ed. t IFe kdab,dm.. ,beo y by IM o.of mangge Mice
'one6en Ibeed IN A rvl.d A d.lwe,fen-ern.mbe t.r_,,iN h. A ridoien. . aloN w Doe d Pefnv INN irwwM ha drwwed a w vkYwnrr disdip INN Ind IvA been.wrodod in rM _ obipwM to M,.r
PrbEe rwvde w Doe d ter toffy, 7. Ara dim wlich wvr ten d INN haw efoon oewil IM Mment d IM myIgN,ro;rmwM by INe
}. Rpe.d eminrlr.dwndn win rav d,M nnaew Itaed Ar Meer rmdM in tM Prbic rw:vd. perry,by n w nt d rM opeeto n d IM-d 4entoo, Y.Ala.irenlrerr.y,ne Mors.vw6,wi ryryA
w Dwed po4Y,b.not n.dreing)rem m•eq+cry toning M:.:M1 6-.m Pn to Do.d PnIny ItwA.INwwbrd on:
Michworts. MdiWm . NgbydAn..IN.1 IN rdn ydlhvn knoMrdge. bl Its..oaken-.tip Its keenot dItsi•vMmwlpye6r.p doemM.Ir.Idlwt cono'enne
3. to..'R d, eom.bac•y drwro dime I dta mate.: rs hsa klen heal.;-
IAI Newts,edto thod.r tee w grad to by in I i'ed down.;
DI Its ubvdnaien d,M kt.rol d tM irwd mvlggro r.tali d Its.ppicwim d Its(61 rapt known to Its f wnpay.Its Iw,odM in Its prbi Ievrde w Doe d pdcY. be known In ea nkle d"ANN.wIb-il.wiwr;.
I it l IN rir'hA Instead
d ed M Ifienit.— in o,, to Its Compwa by Its iaad tlimwA p'n le,M 61 Its"N"o lien-awing Its We—d,M irawM mwlgga bNp d. Ad A PdateNiM bewlw
H.Neo , demo.been'.In kawd rndw the yefcy; amp whey.the'Mooned bawler nee k.Inn n,M I"..:
(d Inwlbp in:-be.'aenpe In tMo.a dJm N (N I.IimMY I'wd nee kwrnmml d utoo.:'
(NI wledap n aaaM wbervat In Ile.d pricy,w Ibl IN awh rrcadwiwr to Imp.,Iodne le A ptcha•e Ine et'A ieag+Inen ter i•n ve3ty.IN Iealtkp w,enter w dempn Mich world ra haw bar aadr.dA Ile iwM d.mrt hd Ord
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) AND
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
Its IelbMp mesa...e.pwdY e.dMeef Isom Its mvegw of)lie po""'No C pwrY eel ra Ib1 ra krvwn to Its Cone
Pry hen.'dwnese.cane.enceem i 1.or+.pwwr Mich.wee by rewewn d: pots,not recwdM in Its WbEc Irwd.IN Doe d P.ECY.hen imwn In IN,
1. IN Arty bee,vdnnm v trend dime e end not 6edoeM in whip 1e Its CompwrY by Its honed dwen"pine to Its time
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City of Cuperi Inn
NRCATIVI: DECLARATION.
May 21 , 1984
As provided by Lite Lnviroumental Assessment Procedure, adopted by the City
council of th, City of Cupertino on March 27, 1977, as amended, the following
described project was granted a ',egative Declaration by the City Council of
Lite City of Cupertino ou May 21, 1984.
1'r.±1i�ct Desrrlpt ion and Localioo
Application 4-EA-84 Applicant: City of Cupertino (old MunLa Vista area)
location. Generally bounded by Granada Avenue to the
north, imperial Avenue to the east,
McClellan Road to the south and by the
westerly boundary of the Blackberry
Farm Golf Course to the west.
Discretionary Action Request: Prezone and rezone
approximately 97 acres within the Old Monta Vista
area to RI-8 (Residential Single-family) , RI-7.5
(Residential Single-family), P (Planned Development
with a Residential 4.4-12 dwelling units per gross
acre), P (Planned Development with a Residential
4.4-7.7 dwelling units per gross acre) , P (Planned
Development with Light Industrial and Residential) ,
P (Planted Development with Agriculture/Recreatlonal),
and BQ (Public Building) zoning districts.
Findings of Declsionmaking Body
- �. 't.c
The City Council granted a Nega[lve, S�a �c � Proje Leis cnasisient
with Lite General Plan and has nn�8 6i M1t"'�tivSTonmenta
• b :sue ' - _
qg_yy1 ra.: i t }-'r "2-T: s ram? Y .< L ......
nz
� 3 - � �rYlannlnReDi[aetbf et" , '_ry _1
Thia i3 to certify that the above Negative Declaration waa filed
In the office of the City Clerk of the City of Cupertino on May
22, 1984.
f
-G��ILIIG�j
eputy City Clerk
Initial Stucy. _.
City of Cupertino
Environmental Assessment Procedures
E. A. File Number(s) 4-i'.A-84
Application File Number(s) 1-7.-34
Dare Februnry 27 , .L984
The California Environmental Quality Act of 1970, as amended, requires public
agencies to evaluate public and prtvacs projects to deterine their pocenya1
impact on the environment.
' \ This worksheet is intended to provide guidance for both you, the applicant, and
City officials in assessing a proposed project to deter=ine whether it may or
may noc have a significant impact on the env'-ronment.
If, fiased upon the infor=acion provided' belcv, the City makes a dere-r-aiaation that
your project may have a significant imP ace an the environment, you.will be raquired
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 avall-
able from the Director of Planning and Development.
Part 1
Iniarmation to be' comoletee by the Applicant
Project Type (Pre)Zoni^3 = Tentative Hap L I Other
Use Permit ( Variance
0 a MQIILa Visca Area generally oounaec oy ranaoa venom ue to the nortu,Imperial
Location Avenue to the east, Hcclellan Rond to the sash and by the westerly boundary of
the iSiacKoLrry Farm Cool: bourse cu cne west.
Applicant City af. Cupertino
Address of Applicant 10300 Torre Avenue, Cupertino, CA 95014 Phone (408) 252-4505
General Desc-ipcicn of Project Precaue and recpne the above areas to zoning
districts consistenr with the Cencral Plan. The nroje-:r sire contains apprnximarely_
g7 acres.
Descripc'_on of Project (cpr.c 'd. )
Soec'_fic Details of the Project
I. si=e of Sic N/A
2. iatensicy of Development
(a) if residential:
(1) Number of units per gross acre
(2) Residential Unit Schedule:
Owner- No. of Size Estimated Total
Rental I ship Be-lroams Sq.f:: ( Sales Price INumber
Unit type 61
Uri type 02 I I I 1
Unit type 03
Unit type 04
Unit type U5
TOTAL
(3) Percentage in area of building coverage
Percentage in area of recreational open space
(4) Parking required Parking proposed
(b) if caamercial , industrial, or L-isticutional:
(l) Building square footage
(2) Percentage cf building coverage of s'_:e
(3) Estimate of ma,imum number of employees per shift
(4) Parking required Park'_ng proposed
cuestians Related to Pocancial L oact of P-ciect
Social/cultural Impacts : Yes 4:avbe Ma
(1) Will the prcccsed proiec: result in the dis-
placement of people? :C
(=) Will the project alter the employment base
of the cc=un-:y : a
(3) Wi21 the project altar the housing needs
of the cammun:L:•+?
(4) Does the proposed project affect a h:iscorical
ar archaelogical site? X (Note 1)
(Page 4)
B. Phys'_ca1 Lmpacts:
(1) Will the prc=ec: result in a change of a natural
body of water, vegetative evver, or land fora? X
(2) Will the project result in a charge i-i a scanic
view or vista from e.,c4-scing res_dencial area
or public lands or roads? X
(3) Will the project change the development, pattern,
scale or character of general area of project? X
(4) Will the construction and/or operation of the
project result in significant amount of solid
waste, litter, dust, ash, smoke, fumes or
odors in the vicinity? X
(5) WiL the project result in a change in stream
or ground water quality or quantity oraltera-
tion of existing drainage patterns? X
(6) Will the project subscancially change e.:cisting
noise or vibration levels in the vicinity? X
(7) Is the project site on filled land or an
slope of 10z or greater? X
(8) Does the project: involve the use or disposal
of potentially hazardous materials such as
to:cc substances, flamreable or, eXplosive? X
(9) Is the project a phase of an e='sring or
future larger project or series of projects? X
-1-
Descriocien of ahe Env+ -onmental Setting
Provide the following info na[ion on a separate .,..achmenc:
(-) Describe the project site as it e:c_scs be'.or the project,
includ_n3 infor-acion on topography, soil stability, plants
and animals , and any cultural , historical or scenic aspects.
Describe any existing strut=ures on the site, and the use cf
S'C_Jctu-es . A plot plan may. be required for the desc-iotian.
(=) Describe the scrrourdi,g p=opert_es, including _nfa raticn cr..
Plants and animals and any cultural_, histc:cal cr scenic
aspects. Indicate the type of land use (residential, commer-
cial, etc.) , intensity of land use (one-family, apartment
houses, shops, department stores, etc. ) , and scale of devel-
opment (height , frontage, set-back, rear yard, etc.) .
CT-R=ICATION: I hereby cert'_fy that the statements furnished
zbove and in the attached exhibits present the data and infor-
macion required for this initial evaluation to the best of my
ability, and that the facts, statements, and information pre-
senced are trse and ca^ect to the best of my knowledge aad
belief.
(Signature)
For li L-r-'/ zrF C.CIP fitio
(3) The project site is comprised ar existing urban development including n
acre roll course and picnic ground recreation complex. The entire area
has general historic value. A few strucruras may hnve greater historic 1
value ns separate entities. The recreation complex is located in d+e
100-year event riond plan for Stevens Crack.
(2) The project area is bordered by the Old N.onta Vista Commercial District
to the north, by the Went Valley industrinl Parlt to the east and by
single-lnmily residential neighborhoods to the south and west .
Fort I I
Intormetien fo be cempietec! by Oty OF iciai�
A. P=ary General Plan Considerations : es Ya be ;Io
(1) Is the project in violation of the City of
Cupertino ' s adopted General Plan? v,
(2) Will the project burden pubL' c ut-lities and
sar-j,icas?
(a) Fire and police services x
(b) Parks and recreation system x
(c) Schools x
(d) Water system x
(a) Sever system x
(f) Stora 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 Formmaticn Commission? X
B. Social/Cultural Impacts:
(1) Will the proposed project result in the dis-
placement of people?
x
(2) Wi-11 the project alter the employment base
of the co=umity7 x
(3) Wil the project alter the housing needs
of the community? x
(4) Does the proposed project affect a histori-
cal or archaelogical site? x
(5) Will the proposed project eliminate an
es:Lsting recreational use at the project site? :{
(6) Does the proposed project decrease public
access to any public body of Later or recrea-
tional area? x
(7) tdill the proposed project a'_te, the la cat ion,
dist-ibution , density or growth rate of the
human population of an area? {
(8) WL,1 the project result in: Yes Havbe No
(a) The disturbance of a natural er man—made
feature in the prefect area which is ur.'_que?
(b) the obscrucricn of a .scenic vista Open to
the public? V
C. Physical L^pacts :
(1) Will the proposed project result in the espcsure
of people or property to geologic ha=aids such
as earthquakes, landslides , Wudsl_des, ground
failure or s_a" hazards? X
(2) Will 1. the proposed project result in:
(a) Unstable earth condicicns or changes in
geologic substructures? X
(b) Disruptions, displacements, compaction or
overcoverirg of .the so{?? X
(c) Change in topography or ground surface
relief features? - X
(d) The destrict'_on, covering or modifica—
tion of any unique geologic or physical
feature? X
(e) Any increase in wind or racer erasion of
soil, either an or Off the site? X
(3) Wi1? the proposed project result in:
(a) Substantial a.ir emissions or deterioration
of ambient air quality? X
(b) The creation of objectionable odors? X .
(c) Alteration of air movement, moisture
or temperature, or any change in climate,
either locally or regionally'. X
(4) Will the proposed project result in:
(a) Changes in abscrption rates, drainage
patterns or the rate and amount of surface
water runoff? X
(b) Alterations to the caurse or flaw of
flood waters? X
(c) Discharge into surface -aters , or
in anv alteration of sur_'ace vater quality,
including but not limited to temperature,
dissolved mcygen or turbidity? X
(3) Wi11 the project result in: Yes Mavbe Zia
(a) The disturbance of a natural or mar.—made
feature in the project area which is unique?
(b) The obstruction cf a .scenic vista Open to
the public? v
C. Physical 1--pacts :
(1) Will the proposed project result in the e-_pcsurz
of people or proper=I to geologic ha_ards sucl
as earthquakes, landslides, mudslides, ground
failure or s4m":r hazards? Y
(l) Will the proposed prcject result in:
(a) Unstable earth conditions or changes in
geologic substructures? X
(b) Disruptions, displacements, ccmnaction ar
overcover'_ng of the soil? x
(c) Change in topography or ground surface
relief features? X
(d) The dest=ucticn, covering or modifica—
tion of any unique geologic or physical
feature? x
(e) Any increase in wind or cater erosion of
soil, either on or off the site? X
(3) Will the proposed project result in:
(a) Substantial air emissions or deterioraticr,
of ambient air quality? x
(b) The creation of objectionable odors? X
(c) Alteration of air movement, moisture
or remperature, or any change in climate,
either locally or regionally? x
(4) Will the proposed project result in:
(a) Changes in absorption rates, drainage
patterns or the rate and amount of surface
water runoff? x
(b) Alterations to the course or flow of
flood waters? X
(c) Discharge into surface waters , or
in any alteration of surface water quality,
including but not limited to temperature ,
dissolved oxygen or turbidity? X
Yes H.avba No
(d) Alteracian of the direction or rare of flow
of ground water? :<
(e) Change in the quantity of ground uaters ,
either through direct adder:ans or
drawals , ar through interception of an
aquifer by cuts or excavation?
reduction in the amount of
water otherwise av'c._lanle for public water
suaalies?
(g) z posure of people or property to wacer-
related hazards 'such as flooding or tidal
Wave. :{
(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 inra y
an area, or in a barrier to the normal
replenishment of existing species? X
(d) Reduction in acreage of any agricultural
X
crop?
(a) Change in the diversity of species, or
numbers of any species of animals (birds,
land animals including reptiles, fish and
shellfish, benrhic arganisms or insects)? X
(f) Reduction'af the numbers of any unique,
rare or endangered species. bf 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? {
(6) Will the proposed project result in:
(a) Increase in existing noise levels? X
(b) F-cposure 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 wcedland?
Yes X avbe 4o
(8) Will the proposed project involve the use,
storage, or disposal of ha=ardous macarials?
(9) Ui11 the proposed project result in :
(a) Use of subscanc'_al amounts of fuel or
energy? x
(b)' SubscanciZ increase in demand upon exisci:3
sources of energy, or .require the development
of new saurc=s of energy? X
(10) W4- the proposed pr je_t result in:
(a) Generation of substantial additional vehic- a-
movement? X
(b) Effects an e_ciscing panting facilities, or
demand for new parking? X
(c) Substantial impact upon e.•cisting transporta-
tion systems? v
(d) Alterations to. present patterns of circula-
tion or movement of people and/or goods? X
(a) Alterations to wacerbarne, rail or air
traffic? X
(f) Increase in traffic hazards to motor vehicles,
bicyclists or pedestrians? X
(11) Handatorj Findings of Significance:
(a) Does the project have the patencial to degrade
the quality of the environment, subscanciaL1y
reduce the habitat of a fish or wildlife
species, cause a fish or wildlife population
to drop below self-sustaining levels, threacan
to eliminate a plant or animal community,
reduce the number or restrict the range of a
rare or endangered plant or animal .or eliminate
important examples of the major periods of
Ca!ifornia hscory or prehistorj? X
(b) Does the project have the potential to
achieve short-term, to the disadvantage of
long-term, environmental goals? (a short-
tern impact an the environment is one which
occurs in a relatively, brief, definitive
period of time, while long-term impacts w=1
endure into the future.) X
Yes Favbe `!a
(c) Does the project have impacts which are
individually limited , but cumulatively can—
siderable? (A project may impact an c.o or
mare separate resources where the impact on
each resaur_e is relatively sma" , but where_
the effect'of the rota- of those impacts
on the e.^.viranmenc is siBniFicar.t. ) g
(d) Does the project have environmenca_T effects
which w'>> cause substantial adverse
effects on human beings, either directly or
indirectly?
Discussion of Eavironme^.tal Evalua don
(No ca: Use additional sheets if necessary.)
Determination:
On the basis of this initial evaluation, the Environmental Review .Comeittee finds:
_I That the proposed project COULD NOT have a significant effect an the environ—
ment, and therefore reccmmends the GRANTING OF A NEGATSYE DECIARATION.
n That, although the proposed project could have a significant effect an the
environment, there will nor be a significant effect in this case because
of the mitigation measures described an an attached sheet have been added
to the project. It is recommended that A NEGATIVE DECIIVAT_ION BE PREPARED.
F—i Thac the proposed project tUY have a significant effect on the environment,
and an EYVIRONMENTAL IHPACS REPORT is required.
Date
/ �cf.ir5aan, Environmental Review Comaiccee
Far _.