Annex 94-07 - 10261 Orange Avef ,-,Tease, r-eeord 16$ho.0 ...fee_nthaS
Govt: 1Code-Sec 410 7.
iL i.. c rii -isi.
COUNTY OF SLAZ
CALI UNIA
LOCAL AGENCY FORMATION COMMISSION
County Government Center, East Wing
70 West Hedding Street
San Jose, California 95110
(408) 299-4321
`7
CERTIFICATE OF COMPLETION
12863214
FILED FOR RECORD
AT REQUEST OF
95 AP 11 14 H 3: 59
Oa FICIAL ?ECORDS
SAt„Tti C L A R A C0U"rdTY
URMDA DAVIS
RECO. CF:,,
I, Autumn H. Arias, the Executive Director of the Santa Clara County Local
Agency Formation Commission, issue this Certificate of Completion pursuant to
Sections 57200 and 57201 of the Government Code.
I hereby certify that I have examined the Resolution for a change in
organization attached hereto and have found this document to be in compliance
with Section 56826 of the Government Code authorizing cities within the County
of Santa Clara to assume authority over certain changes in government
organization.
The name of the City is: CUPERTINO
The entire City is located in Santa Clara County.
The change of organization completed is an ANNEXATION
A map and description of the boundaries of the change of organization is
appended hereto.
The title of this proceeding is: ORANGE AVENUE 94-07 (uninhabited).
The change of organization was ordered subject to the following terms and
conditions:
NONE
The date of adoption of the City Resolution ordering the change of
organization is FEBRUARY 6, 1995
Dated:
Attachments: City Resolution
Map
Legal Description
A7� ti P�- �l a,,✓
Autumn H. Arias, Executive Director
Santa Clara County
Local Agency Formation Commission
Statement of Boundary Change
State Board of Equalization
Tax Area Services Section
450 N Street, MIC: 59
Sacramento, California 95814
B.O.E File No:
County: SANTA CLARA
I County
#: 43 1 Acreage:
Fee: $200.00 Resolution/Ord. No.:
9281
ConductingAuthority:
CITY OF
CUPERTINO
LAFCo. Res. No.:
1
N
Short Title:
ORANGE
AVENUE 94-07
Effective Date:
4114 95
Type of Action
City/District(s)
Affected by Action:
01 Annexation to District 06 Consolidation of TRA's 10 Formation Redevelopment
X 02 Annexation to City 07 Detachment from District 11 Name Change
04 City Incorporation 08 Dissolution of District 12 Reorganization
05 Consolidation of District 09 Formation -District 13 School District Change
BOE
Code # District Type of Change
Affected Territory Inhabited
is legally: I X Uninhabited
The affected
territory:
Enclosed are the
following items
required at the time
of filing:
City Boundary
Changes Only:
Developed Number of Areas:
X I Undeveloped
X
will be taxed for existing bonded indebtedness or contractual obligations as set forth by the terms and
conditions as stated in the resolution.
Map(s) and Supporting Documents
will not be taxed for existinE bonded indebtedness or contractual obli ations.
X Fees
X
Map(s) and Supporting Documents
Legal Description
X
Assessor parcel number(s) of affected territory
X Resolution of Conducting Authority
NA
County Auditor's Letter of TRA Assignment
consolidated counties)
X Certificate of Completion
X Map of limiting addresses 2 copies) X I Vicinity Maps (2 copies)
X Alphabetical list of all streets within the affected area to include beginning and ending street numbers
Estimated p2euLation is: -0-
Board
0-
Board of Equalization will acknowledge receipt of filing to:
Name: Maxine Grace, LAFCO Clerk
Title: Deputy Clerk of the Board
Agency: Santa Clara County LAFCO
Street: 70 ►,l, Hedd ing St., 10th Fl r.
City and Zip Code: San Jose, CA 95110
Telephone: (408)299-4321
Autumn H. Arias, Executive Director Date'
Santa Clara County Local Agency Formation Commission
PT400-TA (10.94)
chk #:
amt:
B.O.E. use onty
M
Cupeht.1110
March 6, 1995
Bobbie Kitchens
10261 Orange Avenue
Cupertino, CA 95014
ANNEXATION - ORANGE AVENUE 94-07
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3223
FAX: (408) 777-3366
OFFICE OF THE CITY CLERK
The resolution approving the annexation of your property to the City of Cupertino was
adopted on February 6 and I forwarded copies of it to the County Local Agency
Formation Commission, the agency that does the final paperwork on annexations. When
you filed the petition for annexation, you provided a $50.00 check payable to LAFCO for
final filing fees. The LAFCO clerk called yesterday and said their accounting department
can't process the check because it's more than six months old (it's dated July 25, 1994).
Please submit a duplicate check to the following address so that the annexation can be
finally processed:
Maxine Grace
Deputy Clerk of the Board/LAFCO Clerk
Santa Clara County Local Agency Formation Commission
County Administration Building
70 West Hedding Street, 10th Floor
San Jose, CA 95110
Maxine will return (or destroy) your other check. If you want to talk to her directly, her
phone number is 299-4321. Please be sure to indicate on the check or a note attached to
it that it's for LAFCO filing fees for the "Orange Avenue 94-07" annexation. I apologize
for the inconvenience.
i er ly,
o erta�olfe
Deputy City Clerk
Prinled nn Recycled Paper
RESOLUTION NO. 9281
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO MAKING DETERMINATIONS AND APPROVING
THE ANNEXATION OF TERRITORY DESIGNATED "ORANGE
AVENUE 94-07", APPROXIMATELY 0. 16 ACRE LOCATED ON
THE WEST SIDE OF ORANGE AVENUE BETWEEN ALMADEN
AVENUE AND SAN FERNANDO AVENUE; KITCHENS (APN
357-15-096)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.16 acre on the west side of Orange
Avenue (A -PN 357-15-096) has been filed by property owner Bobbie E. Kitchens; and
WHEREAS, on January 3, 1995, the City Council adopted resolution No. 9255
initiating proceedings for annexation of the area designated "Orange Avenue 94-07; 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. 9281
Page 2
1. That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated "Orange Avenue 94-07", 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. 16
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.
I 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
Resolution No. 9281 Page 3
1. That the City has complied with all conditions imposed by the
commission for inclusion of the territory in the City's urban service area.
M. That the territory to be annexed is contiguous to existing City limits under
provisions of the Government Code.
3. That said annexation is hereby ordered without election pursuant to Section 35151
et seq. of the Government Code.
4. That the Clerk of the City Council of the City of Cupertino is directed to give
notice of said annexation as prescribed by law.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 6th day of February_, 1995 by the following vote:
Vote Members .Qf lh�,- City Council
AYES: Bautista, Burnett, Koppel, Sorensen, Dean
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
/s/ Kim Marie Smith
City Clerk
resoluti/res928 Ldoc
APPROVED:
/s/ Wally Dean
Mayor, City of Cupertino
9
"EXHIBIT A"
ANNEXATION TO THE CITY OF CUPERTINO
ORANGE AVENUE 94-07
JULY 1994
Revised., November 29, 1994
All that certain real property situate in the County of Santa Clara, State of California,
more particularly described as follows:
Portion of Lot 113 , 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 a point along the westerly boundary line of said Lot 113 which said point
lies directly 50.00 feet SOUTH of the northwest corner of said Lot 113, said point also
lies on the boundary of that certain annexation to the City of Cupertino entitled "San
Fernando 81-4";
Thence from said Point of Beginning, and leaving said annexation "San Fernando 814",
EAST 100.15 feet to a point being along the westerly boundary line of Orange Avenue,
said point also being along that certain annexation to the City of Cupertino entitled "San
Fernando 81-4";
Thence SOUTH 70.00 feet along said annexation "San Fernando 81-4" and the westerly
boundary line of Orange Avenue;
Thence leaving said annexation "San Fernando 81-4",WEST 100.15 feet to a point being
along said annexation "San Fernando 81-4";
Thence NORTH 70.00 feet along said annexation "San Fernando 814" to the Point of
Beginning.
Containing: 7,011 square feet, more or less.
0.16 acres, more or less.
A.P.N.: 357-15-096
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RESOLUTION NO. 9255
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO SETTING DATE FOR CONSIDERATION OF
ANNEXING AREA DESIGNATED "ORANGE AVENUE 94-07",
PROPERTY LOCATED ON THE WEST SIDE OF ORANGE
AVENUE BETWEEN ALMADEN AVENUE AND SAN
FERNANDO AVENUE; APPROXIMATELY 0.16 ACRE,
KITCHENS
(APN 357-15-096)
WHEREAS, the City Council of the City of Cupertino has received a request for
annexation of territory designated "Orange Avenue 94-07" from property owners, Bobbie
E. Kichens; and
WHEREAS, the property, 0.16+ acre on the west side of Orange Avenue between
Almaden Avenue and San Fernando Avenue (APN 357-15-096) 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. 9255 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 "Orange Avenue 94-07" at their regular meeting of February 6, 1995.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 3rd day of January, 1995 by the following vote:
Vote Members of the City- Council
AYES: Bautista, Burnett, Koppel, Sorensen, Dean
NOES: None
ABSENT: None
ATTEST: APPROVED:
/s/ Kim Marie Smith
City Clerk
resoluti.res9255.doc
/s/ Wally Dean
Mayor, City of Cupertino
2
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408)777-3354
PETITION
for proceedings pursuant to the
CORTESE-KNOX LOCAL GovERNmENT REORCANIzATION ACI' 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:
Orange Ave 94-07
and consists of:
X annexation to City of Cupertino
detachment from (name City/District)
of 0.16 (nor of) acres on the W (rVs/e/w)
side of Orange Avenue (Street/Avenue)
between Almaden Avenue (Street/Avenue)
and San Fernando Avenue (Street/Avenue)
and (if applicable) _ annexation
detachment
of the same to/from
(name City/District(s))
3. A metes and bounds description of the exterior boundaries of the
territory(ies) included in the proposal, marked Exhibit A, and a map
of said territory(ies), marked Exhibit B, are attached to this
petition and by this reference incorporated herein.
4. The territory to be organized/reorganized is: inhabited.
("inhabited" = 12 or more registered voters) uninhabited.
5. This proposal X is consistent with the Sphere of Influence
is not of the affected city and district(s).
6. The reasons(s) for the proposed annexation
detachment, reorganization, etc.) is/are:
To procure Citv services
(annexation,
Cupertino: Annexation Petition -2-
7. It is desired that the proposed change of organization or
reorganization be made subject to the following terms and conditions:
8. The person(s) signing this petition has/have signed as (check one):
`Z owner(s) of land within the affected territory.
registered voter(s) within the affected territory.
9. The undersigned proponent(s) .X 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
(Pleaseprint) Assessor's Election
name below Street Address Parcel or Precinct
Date ++signature) City/State/Zip No.* No.**
- AfC
Phone: ()G�
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
10300 Torre Avenue
Cupertino, CA 95014
(408)252-4505
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:
Annexation
)DGta0bffa= to/from
ff
Orange Ave 94-07
City of Cupertino
(City or Spec. District)
ENVIRONMENTAL STATUS OF PROPOSAL
X City of Cupertino , as Lead Agency for environmental review
(Name of City/District)
of the project, has already prezoned
(prezoned? other approval action?)
the territory on 6/4/84 , and in conpliance with CEQA, has:
(date)
determined that the annexation is categorically
provisions of CEQA pursuant to Cal.Adm.Code Sec.
(cite class exemption section).
exempt from
X ccurpleted an Initial Study and Negative Declaration for the
annexation, a copy of which is attached to this application.
ccmpleted 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. Ache. Code Sec. because
CHARACTERISTICS OF THE AREA
1. Number of acres o I
2. Number of inhabitants 2
3. Number of registered voters 2
4. Number of dwelling units 1
5. a. What is the present use of the area (be brief, but specific):
Single resident
b. Indicate the parcel numbers of those parcels, if any, which are
under contract under provisions of the Williamson
Act: None
C. What steps, if any, have been taken or are proposed to be taken
to release the above parcel(s) from the contract?
None
6. a. For city annexations what is the prezoning that has been applied
by the city to the affected area (Note: Prezoning is a filing
requirement for city annexations):
Single residence
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.
None
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_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.
10. Is the territory proposed for annexation/detazt/reorganization in
the City or District's urban service area: YES X NO
11. If new development is proposed on the site, will this new development
be permitted without community sewage discharging into an existing
sanitary sewer system and disposal plant? YES NO_X
If YES, what arrangements will be made to provide sewage disposal?
12. Will the extension of sewerage and/or water services or the construc-
tion of any public improvements to the affected territory be fin-
anced by the formation of a special assessment district? YES NO X
If YES, describe service(s) or improvement(s) and the average cost per
resident/landowner of the district.
Service/improvement:
Cost:
$Jyr. for _ yrs. $/yr. for _ yrs.
Supp. Appl. -3-
13. List all cities, special districts, (including school districts) and
County Service Areas located within the area of this proposal.
(Exclude Santa Clara County Water District, San Francisco Bay Area Air
Pollution Control District, County Library Zone, and Water
Importation.) (Refer to County Tax Rate Code Book for this
information):
Cupertino Elem Sch District Cupertino Sanitary District
Fremont High School District Mid Peninsula Open Space DiRtrict
Foothill Community College District
14. Please provide the information requested below:
a. Owners of land* within the proposed annexatoin/detachment/reor-
ganization who consent to this proposal should show their consent
by signing and printing or typing their names and addresses, with
date, below. (Signatures not required if proposal is initiated
by property -owner petition: put "see petition" below and type or
print names, addresses, etc.) Assessor's parcel number, assessed
land (not improvements) valuation, and, if 100% property -owner
consent has been obtained, certification by City Clerk must be
added prior to consideration. Hearing not required if 100%
property owner consent is obtained.
Assessed
Signature Street Address/ Parcel Value of
Date (Print name below) City/State/Zip Tel. No. No. Land
See
Petition Bobbie Kitchens
Ave.
10261 Orange 446-3666 357-15-096 0 0,000
Cupertino
(If additional space required, continue list on separate sheet & attach.)
* "Owner of land means any person shown as the owner of land on the last
Equalized Assessment Roll; where such person is no longer the owner,
then any person entitled to be shown as owner of land on the next
Assessment Roll; where land is subject to a recorded written agreement
of sale, any person shown therein as purchaser, and any public agency
owning land." Government Code Section 56048.
Supp. Appl. -4-
15. Print or type the name and address of officers
exceed three in number, who are to receive copies
Community Development's Report and mailed Notice
addition to the Clerk/Administrator of each
district):
Name
or persons, not to
of the Director of
of Hearing (in
affected city or
Street Address
City/State/Zip
(1)
(2)
(3)
16. I hereby certify that all LAFOO filing requirements will be met and
that the statements made" in this application are to the best of my
knowledge accurate.
Bert J. Viskovich 103,00 '7y -re- A✓enj
(Print perso complete- GL,o rte i7,_ C/a L7501#_
ing 's a i do (Address)
— a 5 /�51
Signa e
NOTE: It is a general IAFCO filing requirement that a copy of this
applica ion 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.
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 F -U MR CERTIFY that,
pursuant to Government Code Section 56539, the Cite will make
determinations on this proposal without notice or hearing.
Date: ! / V� %l
City Clerk
(Seal)
City of Cupertino
b. Owners of land within the proposed annexationfdetachment/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/p 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-
CiL•y of Cobert ino
NI;OA'1' I VI? IlI•;(:I,AI(A'I' I ON•
May 21, I I))I/I
A:, pi-ov i ded by the P.Iiv i ronmen I a l AssesSim-n l I'r"redllre, ;1(101)L(,(l by [hu C11%,
C"Intril of IIIc Cily of (: pvrt !no on Mrlrrh 21, 1071, as nmvn(led, Lhv fnllnwln);
deticrihvd I'rnjerl was grnnted a Nvgnt ive Umloral inn by the t:lLy Cocnir.il "f
lfir CiLy of Ctiperl inn "n Piny 21, 191)/I.
I'ri, jr( l I)en, r i j,l imn rind I, „ ;il iun
A11111 i,•ril inn.4I 1•:A -)1/i A1,IIl Irriw : Cily ,'I CIIII(•I"I inn (()id Molina VISIo nren)
inn : C(•nrl';i I I v h"onded by Crnnnda Avenue III the
nm -1.11, Imlirrlai Avenne to (he vast,
PI( -C I c• I I nn I11ln(1 lo the cont h and by the
wer;l rI I y hmindoi-y of the 111 nekherry
F;1 I III Co I f Com -se to I he west_.
Disuret io"ary Ar_I ion fyIne:;l : Prc•r.one and r,wmw
approximately 97 nvre:; within the old momn Vi::to
arra to Itl-)1 (Ker;idrnt inl Single-fnmIIy), V1-7. i
(Rinsidi'nl i.nl Singiv-Familv), P,(Plannvd Dvvelopmvnt.
with a Resident inl 4.6-12. dwel Ang ""Its leer gross
arre), P (I'Iannecl DoveIopmenl with a Re:;id(,III inI
/I./I-7.7 clweI I inn IIIcitm "c'r gr"ss nrre), P (I'Iarme(l
I)ev(-Iopnu'nI w i I h I,i)',III IndnslrInI and R(.'SidelnI inI),
P (III nnnc d I)1•vr•Inl,menl w1l l A).',I-Irnl l Ill'v/keVrenl Ional) ,
and 111 (1'11111 it hniI(Iill);) -r.oninl; (Iisl rima.
Findin)"s oI' Devisinnrnnkinf', L'ody
The City Connc•iI )',ran Led a Nvgnl ive Iyerlarai 1"n :;ince the lir"jerl IS rnnAr:lVIII
wiLh the Ceneral Plan and has no mi);nil lrant environmpnLal Impar(:;.
Ino _' _ II . S i tilt
I'l;Inninl% Dil-ec•I"I•
This is to certify that the above Negative Declaration was filed
in the office of the City Clerk of the City of Cupertino on May
22, 1984.
eputy City Clerk
_Initial Study
City of Cupertino
Environmental Assessment Procedures
E. A. File Number(s) 4 -EA -84
Application File Number(s� 1-7.-84
Date February 27, 1984
The California Environmental Quality Act of 1970, as amended, requires public
agencies to evaluate public and private projects to determine their paten -tial
impact on the environment.
�. This worksheet is intended to provide guidance for both you, the applicant, and
City officials in assessing a proposed project to determine whether it may or
may not have a significant impact on the environment.
If, based upon the information provided' below, the City makes a determination that
your project may have a significant impact on the environment, you will be required
to prepare an Environmental Impact Report as provided by State law and the City
of Cupertino's Environmental Assessment requirements. .{
Detailed information regarding the environmental assessment procedure is avail-
able from the Director of Planning and Development.
Part I
Information to be completed by the Applicant
Project Type (Pre)Zoning Mx Tentative Map Other
Use Permit Variance
010 onLa Vista ren genera _y oi.mcec y ranaca-Tvenue to the nortTi,,�'jmperial
.
Location Avenue to the east, McClellan Road to the sc .th and by the westerly boundar.v_ of
the ac(ber.ry Farm ;o..: Course Lo Me west.-
Applicant
es .Applicant City of Cupertino
Address of Applicant 10300 Torre Avenue, Cupertino, CA 95014 Phone (408) 252-4505
General Description of Project Prezone and rezone the above areas to zoning
districts consistent with the General Plan. The project site contains aPProximately
97 acres.
Rev.7/8/80
Description of Project (cont'd.)
Specific Details of the Project
1. Size of Site NSA
2. Intensity of Development
(a) If residential:
(1) Number of units per gross acre
(2) Residential Unit Schedule:
Unit type #1
Unit
type
#2
Unit
type
#3
Unit
type
#4
Unit
type
U5
(3) Percentage in area of building coverage
Percentage in area of recreational open space
(4) Parking required Parking proposed
(b) If commercial, industrial, or institutional:
(1) Building square footage
(2) Percentage of building coverage of site
(3) Estimate of maximum number of employees per shift
(4) Parking required Parking proposed
-2-
Questions Related to Potential Impact of Pro'ect
A. Social/Cultural Impacts:
(1) Will the proposed project result in the dis-
placement of people?
(2) Will the project alter the employment base
of the community?
(3) Will the project alter the housing needs
of the community?
(4) Does the proposed project affect a historical
or arthaelogital site?
B. Physical Impacts:
(1) Will the project result in a change of a natural
body of water, vegetative cover, or land form?
.(2) Will the project result in a change in a scenic
view or vista from existing residential area
or public lands or roads?
(3) Will the project change the development pattern,
scale or character of general area of project?
(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?
(5) Will the project result in a change in stream
or ground water quality or quantity or altera-
tion of existing drainage patterns?
(6) Will the project substantially change existing
noise or vibration levels in the vicinity?
(7) Is the project site on filled land or on
slope of 10% or greater?
(8) Does the project involve the use or disposal
of potentially hazardous materials such as
toxic substances, flammable or explosive?
(9) Is the project a phase of an existing or
future larger project or series of projects?
-3-
Yes Mavbe No
X
X
X
X (Note .l)
(Pac;e 4)
X
X
X
X
X
X
X
X
X
Description of the Environmental Settin
Prov.ide the following information on a separate attachment:
(1) Describe the project site as it exists before the project,
including information on topography, soil stability, plants
and animals, and any cultural, historical or scenic aspects.
Describe any existing structures on the site, and the use of
structures. A plot plan may, be required for the description.
(2) Describe the surrounding. properties, including information on
plants and animals and any cultural, historical or scenic
aspects. Indicate the type of land use (residential, commer-
cial, etc.), intensity of land use (one -family, apartment
houses, shops, department stores, etc.), and scale of devel-
opment (height, frontage, set -back, rear yard, etc.).
CERTIFICATION: I hereby certify that the statements furnished
zbove and in the attached exhibits present the data and infor-
mation required for this initial evaluation to the best of my
ability, and that the facts, statements, and information pre-
sented are true and correct to the best of my knowledge and
belief.
Datem2� �Sa�
(Signature)
For �i (-r--/ ':�jC C�(JP�2rtltia
(1) The project site is comprised of existing,, urban development including n
acre golf course and picnic ground recreation complex. The entire area
has general historic value. A fOw structures may have greater historicnl
value as separate entities. The recreation complex is Incited in the
1.00—year event flood plan for Stevens Creels.
(2) The project area is bordered by the Old Mann Vista
to the north, by the Went Valley Industrial 1'arlc to
single—family residential. neighborhoods to the south
-4-
Commercial District
the east and by
and west.
Part
Information to 6e completed 6y City Officials.
A. Primary General Plan Considerations:
yes Mavbe 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) Sewer 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)
Will the proposed project result in the dis-
placement of people?
X
(2)
Will the project alter the employment base
of the community?
X
(3)
Will the project alter the housing needs
of the community?
X
(4)
Does the proposed project affect a histori-
cal or archaelogical site?
X
(5)
Will the proposed project eliminate an
existing recreational use at the project site?
X
(6)
Does the proposed project decrease public
access to any public body of water or recrea-
tional area?
X
(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:
(a) The disturbance of a natural or man-made
feature in the project area which is unique?
(b) The obstruction of a.scenic vista open to
the public?
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?
(2) Will the proposed project result in:
(a) Unstable earth conditions or changes in
geologic substructures?
(b) Disruptions, displacements, compaction or
overcovering of the soil?
(c) Change in topography or ground surface
relief features?
(d) The destruction, covering or modifica-
tion of any unique geologic or physical
feature?
(e) Any increase in wind or water erosion of
soil, either on or off the site?
(3) Will the proposed project result in:
(a) Substantial air emissions or deterioration
of ambient air quality?
(b) The creation of objectionable odors?
(c) Alteration of air movement, moisture
or temperature, or any change in climate,
either locally or regionally?
(4) Will the proposed project result in:
(a) Changes in absorption rates, drainage
patterns or the rate and amount of surface
water runoff?
(b) Alterations to the course or flow of
flood waters?
(c) Discharge into surface waters, or
in any alteration of surface water quality,
including but not limited to temperature,
dissolved oxygen or turbidity?
Yes Mavbe NO
X
X
ON
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
(d) Alteration of the direction or rate of flow
of ground water?
(e) Change in the quantity of ground waters,
either through direct additions or with-
drawals, or through interception of an
aquifer by cuts or excavation?
(f) Substantial reduction in the amount of
water otherwise available for public water
supplies?
(g) Exposure of people or property to water -
related hazards such as flooding or tidal
wave.
() 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?
(b) Reduction of the numbers of any unique,
rare or endangered species of plants?
(c) Introduction of new species of plants into
an area, or in a barrier to the normal
replenishment of existing species?
(d) Reduction in acreage of any agricultural
crop?
(e) Change in the diversity of species, or
numbers of any species of animals (birds,
land animals including reptiles, fish and
shellfish, benthic organisms or insects)?
(f) Reduction"of the numbers of any unique,
rare or endangered species of animals?
(g) Introduction of new species of animals
into an area, or result in a barrier to
the migration or movement of animals?
(h) Deterioration to existing fish or wildlife
habitat?
(6) Will the proposed project result in:
(a) Increase in existing noise levels?
(b) Exposure of people to severe noise levels?
(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?
Yes MaN,be No
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Yes Maybe
(8) Will the proposed project involve the use,
storage, or disposal of hazardous materials?
(9) Will the proposed project result in:
(a) Use of substantial amounts of fuel or
energy?
No
94
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 p-rcjeut result in:
(a) Generation of substantial additional vehicular
movement? X
(b) Effects on existing parking facilities, or
demand for new parking? X
(c) Substantial impact upon existing transporta-
tion systems? X
(d) Alterations to present patterns of circula-
tion or movement of people and/or goods? X
(e) Alterations to waterborne, rail or air
traffic?
(f) Increase in traffic hazards to motor vehicles,
bicyclists or pedestrians? X
(11) Mandatory Findings of Significance:
(a) Does the project have the potential to degrade
the quality of the environment, substantially
reduce the habitat of a fish or wildlife
species, cause a fish or wildlife population
to drop below self-sustaining levels, threaten
to eliminate a plant or animal community,
reduce the number or restrict the range of a
rare or endangered plant or animal or eliminate
important examples of the major periods of
California history or prehistory?
X
(b) Does the project have the potential to
achieve short-term, to the disadvantage of
long-term, environmental goals? (a short-
term impact on the environment is one which
occurs in a relatively brief, definitive
period of time, while long-term impacts will
endure into the future.) X
(c) Does the project have impacts which are
individually limited, but cumulatively con-
siderable? (A project may impact on two or
more separate resources where the impact on
each resource is relatively small, but where
the effect of the total of those impacts
on the environment is significant.)
(d) Does the project have environmental effects
which will cause substantial adverse
effects on human beings, either directly or
indirectly?
Discussion of Environmental Evaluation
Determination:
Yes Mavbe No
VY
x
(Note: Use additional sheets if necessary.)
On the basis of this initial evaluation, the Environmental Review Committee finds:
I That the proposed project COULD NOT have a significant effect on the environ-
ment, and therefore recommends the GRANTING OF A NEGATIVE DECLARATION.
That although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because
of the mitigation measures described on an attached sheet have been added
to the project. It is recommended that A NEGATIVE DECLARATION BE PREPARED.
F-1 That the proposed project MAY have a significant effect on the environment,
and an ENVIRONMENTAL IMPACT REPORT is required.
Date G�xv
1W815
an, Environmental Review Committee
For
"SAN FERNANDO AVENUE 81-04"
All that certain real property situate in the County of Santa Clara, State
of California, more particularly described as follows:
11 of Lot 112 and portions of San Fernando Street and Orange Avenue as shown
on that certain ".Map of Subdivision "A" Monta Vista", which map was filed for
record in the office of the Recorder of said County on April 11, 1917 in Book
P of Maps at,Page 20, more particularly described as follows:
Beginning at the northwest corner of said Lot 112;
Thence from said Point of Beginning, EAST 100.15 feet along the northerly
boundary of said Lot 112 to the northeast corner thereof;
Thence SOUTH 198.42 .feet along the easterly boundary of said Lot 112 to a
point common to the southeast corner of said lot and the northerly sideline
of San Fernando Avenue;
Thence EAST 100.15 feet along the northerly sideline of San Fernando Avenue
to its intersection with the westerly sideline of Orange Avenue;
Thence along the westerly sideline of Orange Avenue NORTH 289.24 feet to its
intersection with the southerly sideline of Almaden Avenue as shown on the
aforementioned map, said point of intersection also on the boundary of that
certain annexation to the City of Cupertino by Resolution No. 5462 entitled
"Almaden 80-13"; 1
Thence along the easterly prolongation of the southerly sideline of Orange
Avenue along the aforementioned annexation boundary EAST 40.00 felt to a point
on the easterly sideline of Orange Avenue as shown on the aforementioned map;
Thence SOUTH 329.24 feet along the easterly sideline of Orange Avenue to its
intersection with the easterly prolongation of the southerly sideline of San
Fernando Avenue;
Thence along the southerly sideline of San Fernando Avenue and its easterly
prolongation, WEST 240.30 feet;
Thence NORTH 238.42 feet along the westerly boundary of said Lot 11.2 and its
southerly prolongation to the Point of Beginning.
Containing: 0.94 acres more or less.
A.P.N. 357-15-82
MoG►-�w,�t�l RD. a
LAMIT-5
Af• t-1 eXA-T
AXI a2,
22
L V-�
-4A
Name
Street
1dress
City a
state
Y
0
0
m
CL
Q
MAIL TAX STATEMENTS TO
BOBBIE KITCHENS
10261 Orange Avenue
Cupertino, CA
1Tn an Nr.
7
n,b
0
12534310
pFILED FOR RECORD
A REQUEST OF
GRANTEE
94 JUN 13 APS 10: 51
OFMCIAL RECORDS
SANTA CLARA COUNTY
BRENDA DAVIS
RECORDER
ISPACE ABOVE THIS LINE FOR RECORDER'S USE
Interspousal Transfer Deed -
THIS FORM FURNISHED BY TRUSTORS SECURITY SERVICE 181619
Grant Deed (Excluded from Reappraisal Under Proposition 13 i.e., Calif. Const. Art 13A§1 et. seq.)
The undersigned Grantor (s) declare (s) under penalty of perjury that the following is true and correct:
Documentary transfer tax is $
❑ Computed on full value of property conveyed, or ❑ computed on full value less value of liens and encumbrances remaining at time
of sale, or ❑ is exempt from imposition of the Documentary Transfer Tax pursuant to Revenue and Tax Code §11927(a), on
transferring community, quasi -community, or quasi -marital property, assets between spouses, pursuant to a judgment, an order, or a
written agreement between spouses in contemplation of any such judgement or order.
❑ Other exemptions: (state reason gn give Code § or Ordinance number)
❑ Unincorporated area: ❑ City of and
This is an Interspousal Transfer under §63 of the Revenue and Taxation Code and Grantors) has (have) checked the applicable
exclusion from Reappraisal under Proposition 13:
❑ A transfer to a trustee for the beneficial use of a spouse, or the surviving spouse of a deceased transferor, or by a trustee of such a
trust to the spouse of the trustor,
❑ A transfer which takes effect upon the death of a spouse,
IN A transfer to a spouse or former spouse in connection with a property settlement agreement or decree of dissolution of a marriage or
legal separation, or
❑ A creation, transfer, or termination, solely between spouses, of any co -owner's interest.
❑ The distribution of a legal entity's property to a spouse or former spouse in exchange for the interest of such spouse in the legal
entity in connection with a property settlement agreement or a decree of dissolution of a marriage or legal separation.
❑ Other:
GRANTOR(S): PATSY R. KITCHENS
hereby GRANT(S) to BOBBIE E. KITCHENS -;w --as- hi -s -sole_-_and separ-ate_ p.ropert_y-, -
an unmarried man
the following described real property in the
County of Santa Clara , State of California:
A.P.N. # 357-15-096
For Legal Description see attachement.
Dated I 3
iW
RECORDING REQUESTED BV%,�'
Owe
AND WHEN RECORDED MAIL TO
Name
BOBBIE KITCHENS
Street
10261 Orange Avenue
Idress
Cupertino, CA
City&
State
L
I .
Name
Street
1dress
City a
state
Y
0
0
m
CL
Q
MAIL TAX STATEMENTS TO
BOBBIE KITCHENS
10261 Orange Avenue
Cupertino, CA
1Tn an Nr.
7
n,b
0
12534310
pFILED FOR RECORD
A REQUEST OF
GRANTEE
94 JUN 13 APS 10: 51
OFMCIAL RECORDS
SANTA CLARA COUNTY
BRENDA DAVIS
RECORDER
ISPACE ABOVE THIS LINE FOR RECORDER'S USE
Interspousal Transfer Deed -
THIS FORM FURNISHED BY TRUSTORS SECURITY SERVICE 181619
Grant Deed (Excluded from Reappraisal Under Proposition 13 i.e., Calif. Const. Art 13A§1 et. seq.)
The undersigned Grantor (s) declare (s) under penalty of perjury that the following is true and correct:
Documentary transfer tax is $
❑ Computed on full value of property conveyed, or ❑ computed on full value less value of liens and encumbrances remaining at time
of sale, or ❑ is exempt from imposition of the Documentary Transfer Tax pursuant to Revenue and Tax Code §11927(a), on
transferring community, quasi -community, or quasi -marital property, assets between spouses, pursuant to a judgment, an order, or a
written agreement between spouses in contemplation of any such judgement or order.
❑ Other exemptions: (state reason gn give Code § or Ordinance number)
❑ Unincorporated area: ❑ City of and
This is an Interspousal Transfer under §63 of the Revenue and Taxation Code and Grantors) has (have) checked the applicable
exclusion from Reappraisal under Proposition 13:
❑ A transfer to a trustee for the beneficial use of a spouse, or the surviving spouse of a deceased transferor, or by a trustee of such a
trust to the spouse of the trustor,
❑ A transfer which takes effect upon the death of a spouse,
IN A transfer to a spouse or former spouse in connection with a property settlement agreement or decree of dissolution of a marriage or
legal separation, or
❑ A creation, transfer, or termination, solely between spouses, of any co -owner's interest.
❑ The distribution of a legal entity's property to a spouse or former spouse in exchange for the interest of such spouse in the legal
entity in connection with a property settlement agreement or a decree of dissolution of a marriage or legal separation.
❑ Other:
GRANTOR(S): PATSY R. KITCHENS
hereby GRANT(S) to BOBBIE E. KITCHENS -;w --as- hi -s -sole_-_and separ-ate_ p.ropert_y-, -
an unmarried man
the following described real property in the
County of Santa Clara , State of California:
A.P.N. # 357-15-096
For Legal Description see attachement.
Dated I 3
iW