Annex 94-09 - 21760 Lomita AvePlease record without fee
12863217
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CA! IrORNIA -J
LOCAL AGENCY FORMATION COMMISSION �� •:\�'�0��� �C APR � � P� 3� 59
County Government Center, East Wing �� �7t' OFFICIAL =?LCGRDS
70 West Hedding Street t ''�'�C SANTA CLAR l. COUNTY
San Jose, California 95110 BRENDA DAViS
(408 ) 299-4321 P, E C O R C E R
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CERTIFICATE OF COMPLETION
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
organizationH004i0f2itHA 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: LOMITA 94-09 (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 APRIL 3, 1995
Dated:_ 1?) �/ `7 AA-(
Autumn H. Arias, Executive Director
Santa Clara County
Local Agency Formation Commission
Attachments: City Resolution
Legal Description
Map
RESOLUTION NO. 9295
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO SETTING DATE FOR CONSIDERATION OF
ANNEXING AREA DESIGNATED "LOMITA 94-09", PROPERTY
LOCATED ON THE SOUTH SIDE OF LOMITA AVENUE
BETWEEN ORANGE AVENUE AND PASADENA AVENUE;
APPROXIMATELY 0.30 ACRE, HELLESOE/HOUSER
(APN 357-18-001)
WHEREAS, the City Council of the City of Cupertino has received a request for
annexation of territory designated "Lomita 94-09" from property owners, Bruce Hellesoe
and Ann and Charles Houser; and
WHEREAS, the property, 0.30+ acre on the west side of Orange Avenue between
Dolores Avenue and Alcazar Avenue (APN 314-18-001) 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. 9295
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 "Lomita 94-09" at their regular meeting of April 3, 1995.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 6th day of March, 1995 by the following vote:
Vote Members of the City Council
AYES: Bautista, Burnett, Koppel, Sorensen, Dean
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
/s/ Kimberly Smith
City Clerk
res o I uti/res929 5. res
APPROVED:
/s/ Wally Dean
Mayor, City of Cupertino
UJ
".EXHIBIT A"
ANNEXATION TO THE CITY OF CUPERTINO
LOMITA 94-09
DECEMBER 1994
All that certain real property situate in the County of Santa Clara, State of California,
more particularly described as follows:
Begin -ring at the southeast corner of LOT B, BLOCK 9, as shown upon that certain map
entitled, "Map of Resubdivision of Subdivision No. 1, Town of 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 24;
Thence NORTH, 96.00 feet to the northeast corner of said LOT B, BLOCK 9, said point
also being along; the southerly boundary line of Lomita Street as shown upon said map
and also being along that certain aimexation to the City of Cupertino entitled, "ORANGE
AVENUE 90-02";
Thence WEST, 135.00 feet along the southerly boundary line of Lomita Street and also
being along said annexation "ORANGE AVENUE 90-02" to the northwest corner of
LOT A, BLOCK 9 as shown upon said, "Map of Resubdivision of Subdivision No. 1,
Town of Morita Vista";
Thence SOUTH, 96.00 feet along; the easterly boundary line of Orange Avenue as shown
upon said map, also being; along; said annexation "ORANGE AVENUE 90-02" to the
southwest corner of said LOT A, BLOCK9;
Thence EAST, 135.00 feet to the Point of Beginning.
Containing 0.30 acres, more or less.
A.P.N. 357-18-001
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RESOLUTION NO. 9312
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO MAKING DETERMINATIONS AND APPROVING
THE ANNEXATION OF TERRITORY DESIGNATED "LOMITA
94-09", APPROXIMATELY 0.32 ACRE LOCATED ON THE
SOUTH SIDE OF LOMITA AVENUE BETWEEN ORANGE
AVENUE AND PASADENA AVENUE; HELLESOE/HOUSER
(APN 357-18-001)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.30 acre on the west side of Lomita
Avenue (APN 357-18-001) has been filed by property owners Bruce Hellesoe and Ann
and Charles House; and
WHEREAS, on March 6, 1995, the City Council adopted resolution No. 9295
initiating proceedings for annexation of the area designated "Lomita 94-09; 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. 9312
1. That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated "Lomita 94-09", more particularly
described in Exhibit "A";
2. That the following findings are made by the City Council of the City of
Cupertino:
a. That said territory is uninhabited and comprises approximately 0.30
acre.
b. That the annexation is consistent with the orderly annexation of territory
with the City's urban service area and is consistent with the City policy
of annexing when providing City services.
C. The City Council has completed an initial study and has found that the
annexation of said territory has no significant impact on the environment,
and previously approved the granting of a Negative Declaration.
d. The City Council on June 4, 1984, enacted an ordinance prezoning the
subject territory to City of Cupertino R1-7.5 zone.
e. Annexation to the City of Cupertino will affect no changes in special
districts.
£ 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.
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. 9312
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 3rd day of April, 1995 by the following vote:
Vote Members Qfhiei " Council
AYES: Bautista, Burnett, Koppel, Sorensen, Dean
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
/s/ Kimberly Smith
City Clerk
resol uti/res9312. doc
APPROVED:
/s/ Wally Dean
Mayor, City of Cupertino
3
"EXHIBIT A"
ANNEXATION TO THE CITY OF CUPERTINO
LOMITA 94-09
DECEMBER 1994
All that certain real property situate in the County of Santa Clara, State of California,
more particularly described as follows:
Beginning at the southeast corner of LOT B, BLOCK 9, as shown upon that certain map
entitled, "Map of Resubdivision of Subdivision No. 1, Town of 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 1 l , 1917 in Volume P of Maps, at Page 24;
Thence NORTH, 96.00 feet to the northeast corner of said LOT B, BLOCK 9, said point
also being along the southerly boundary line of Lomita Street as shown upon said map
and also being along that certain annexation to the City of Cupertino entitled, "ORANGE
AVENUE 90-02";
Thence WEST, 135.00 feet along the southerly boundary line of Lomita Street and also
being along said annexation "ORANGE AVENUE 90-02" to the northwest corner of
LOT A, BLOCK 9 as shown upon said, "Map of Resubdivision of Subdivision No. 1,
Town of Monta Vista";
Thence SOUTH, 96.00 feet along the easterly boundary line of Orange Avenue as shown
upon said map, also being along said anriexation "ORANGE AVENUE 90-02" to the
southwest corner of said LOT A, BLOCK9;
Thence EAST, 135.00 feet to the Point of Beghming.
Containing 0.30 acres, more or less.
A.P.N. 357-18-001
County of Santa Clara
Environmental Resources Agency
Building Inspection/Land Development Engineering and Surveying
County Government Center, East Wing
70 West Hedding Street, 7th Floor
San Jose, California 951 10
Bldg. Inspec. (408) 299-2351 Land Devel. 299-2871 FAX 279-8537
February 17, 1995
Kim Smith, City Clerk
City of Cupertino
P. O. Box 580
Cupertino, CA 95015
The attached map and description dated December, 1994 of territory
proposed for annexation to the City of Cupertino entitled LOMITA 94-09 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.
oai4iX 006e��,
Martin D. Marcott
County Surveyor
Attachment
cc: LAFCO Executive Officer (w/attachment)
Board of Supervisors: Michael M. Honda. Blanca Alvarado, Ron Gonzales, James T. Beall Jr., Dianne McKenna
County Executive: Richard Wittenberg B-010
"EXHIBIT A"
ANNEXATION TO THE CITY OF CUPERTINO
LOMITA 94-09
DECEMBER 1994
All that certain real properly situate in the County of Santa Clara, State of California,
more particularly described as follows:
Beginning at the southeast corner of LOT B, BLOCK 9, as shown upon that certain map
entitled, "Map of Resubdivision of Subdivision No. 1, Town of 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 24;
Thence NORTH, 96.00 feet to the northeast corner of said LOT B, BLOCK 9, said point
also being along the southerly boundary line of Lomita Street as shown upon said map
and also being along that certain annexation to the City of Cupertino entitled, "ORANGE
AVENUE 90-02";
Thence WEST, 135.00 feet along the southerly boundary line of Lomita Street and also
being along said annexation "ORANGE AVENUE 90-02" to the northwest corner of
LOT A, BLOCK 9 as shown upon said, "Map of Resubdivision of Subdivision No. 1,
Town of Morita Vista";
Thence SOUTH, 96.00 feet along the easterly boundary line of Orange Avenue as shown
upon said map, also being along said annexation "ORANGE AVENUE 90-02" to the
southwest corner of said LOT A, BLOCK9;
Thence EAST, 135.00 feet to the Point of Beginning.
Containing 0.30 acres, more or less.
A.P.N. 357-18-001
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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: 0. 32 Fee: $ 200. Resolution/Ord. No.: 9312
Conducting Authority- CITY OF CUPERTINO LAFCo. Res. No.: _
Short Title: LOMITA 94-09 Effective Date: _14/95
Type of Action:
City/District(s)
Affected by Action:
Affected Territory
is legally:
The affected
territory:
Enclosed are the
following items
required at the time
offiling:
City Boundary
Changes only:
01 Annexation to District
06 Consolidation of TRA's
10 Formation Redevelopment
X 02 Annexation to City
07 Detachment from District
I 1 Name Change
04 City Incorporation
08 Dissolution of District
12 Reorganization
05 Consolidation of District
09 Formation -District
13 School District Chan e
BOE
Code N District Type of Change
02 CITY OF CUPERTINO ANNEXATION
Inhabited X Developed Number of Areas:
X I Uninhabited Undevelo
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) d Supporting Documents
will not be taxed for existing bonded indebtedness or contractual obligations.
X Fees
X
Map(s) d Supporting Documents
X 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) Vicinity Maps (2 copies)
X Alphabetical list of all streets within the affected area to include beginning and ending street numbers
Estimated p2gulation is: 3
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 W. Hedd i ng
St., 10th Fir.
City and Zip Code:
San Jose, CA
95110
Telephone:
(408) 299-4321
Autumn H. Arias, Executive Director Dace
Santa Clara County Local Agency Formation Commission
PT400-TA (10-94)
ch
amt~
B.O.E. use only
April 5, 1995
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
ANNEXATION - "LOMITA 94-09"
City Hall
10300 Torre Avenue
Cupertino, CA 94014-3202
Telephone: (408) 777-3223
FAX: (408) 777-3366
OFFICE OF THE CITY CLERK
Resolution No. 9312 was adopted on April 3, 1995, for annexation of property to the city
of Cupertino.
Enclosed are six (6) certified copies of the resolution and the Statement of Boundary
Change. Also enclosed are a warrant in the amount of $200 for you to forward to the
State Board of Equalization for annexation fees, a check to you for $50 for final filing
fees for the annexation, 2 copies of a map of limiting addresses and an alphabetical list of
streets within the affected area.
This territory will be taxed with others already in the City.
Sincerely,
v ROBERTA WOLFE
DEPUTY CITY CLERK
Printed on Recycled Papor
B.O.E. F,ili.ng No.
CountyofSanta Clara
LOCM AgCnCv 1 orniation coninjissi011
COUilly Government Cerner. Gass wing
�� =
70 \1'csl Hedding Sireel. 1011, Floor
San Jose. California 951 10
(408) 299-2424 (4-08) 295-1613 FAX
i\ulumn ,,rias, tissisjanl Excculivc Officer-Q,�•
.
'/A
STATEMENT OF BOUNDARY CHANGE
C
COUNTY: Santa Clara COUNTY NO: 43 EFFECTIVE DATE:
CONDUCTING AUTHORITY: City of Cupertino
RESOLUTION N0: 9312
SHORT TITLE: Lomita 94-09
LAFCO RESOLUTION NO: NA
TYPE OF ACTION: ( M Annexation ( ) Detachment (
( ) Formation )
( ) Dissolution (
Reorganization
( ) )
Incorporation
p ( ) Other:
Consolidation
AFFECTED CITY/b4 a; Cupertino
TYPE OF CHANGE: annexation to the CitZ of Cupertino
AFFECTED TERRITORY IS LEGALLY: ( ) Inhabited (XX)
Uninhabited
(X) Developed ( )
ACREAGE: 0.32 acre ESTIMATED POPULATIONC 3
Undeveloped
. (City Boundary Changes Only
The affected territory will/W�'�9i *tx be taxed for existing bonded
tractual obligations
indebtedness
as set forth i-0 the Resolution; the terms and
or con-
conditions
are:
Enc•losed.are the following Items required at the time of filing:
X tion Fees $ 200.00 . X Legal Descri
�- Resolution of Conducting Authority p X
Certificate Completior
NA County Auditor's Letter of TRA Assignment X
(Consolidated
Map(s) S supporting
p
Documents
Counties)
FOR CITY BOUNDARY CHANGES ONLY
X Map of Limiting Airdresses (2 copies)
X Alrhabetice 1 list e` y, X
1 streets i•;:thi;,
Vicinity Maps (2 copies)
the
affected area to include beginning and end
street numbers
BOARD OF EQUALIZATION WILL ACKNOWLEDGE RECEIPT OF FILING TO:
Deputy Clerk of the Board/LAFCO Clerk
Santa Clara County LAFCO
70 West Hedding Street, 10th Floor
San Jose, CA 95110
(408) 299-4321
COMMIssloners: Joe Head, N1iCllij(-1 N1. Honda, f Vj)(l1 )c Lave. 'Lu(• Lofgre•n. sig SjjIjCI1CZ
qg) �c1�3-432 1
Commission Sccretarn•: (4
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City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408)252-4505
PETITION
for proceedings pursuant to the
CORTESE-KNOX LOCAL GOVERNMENT REORGANIZATION ACP 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 560001
Cortese -Knox Local Government Reorganization Act of 1985).
2. The proposed change of organization is designated as:
LOMITA 94-09
and consists of:
X annexation to CITY OF CUPERTINO
detachment from (name City/District)
of .30 (number of) acres on the
side of Lomita Avenue
between Orange Avenue
and Pasadena Avenue
and (if applicable) _ annexation
_ detachment
of the same to/from
S (n/s/e/w)
(Street/Avenue)
(Street/Avenue)
(Street/Avenue)
(name City/District(s))
3. A metes and bounds description of the exterior boundaries of the
territory(ies) in'iluded in the proposal, marked Exhibit A, and a map
of said territory(ies), marked Exhibit B, are attached to this
petition and by this reference incorporated herein. .
4. The territory to be organized/reorganized is: inhabited.
("inhabited" = 12 or more registered voters) X uninhabited.
5. This proposal X is consistent with the Sphere of Influence
is not of the affected city and district(s).
6. The reasons(s) for the proposed Annexation (annexation, .
detachment, reorganization, etc.) is/are:
Toprocure rocure City services.
Cupertino: Annexation Petition -2-
7. It is desired that the proposed change of organization or
reorganization be made subject to the following terms and conditions:
8. The person(s) signing this petition has/have signed as (check one):
owner(s) of 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) Assessor's Election
name below Street Address Parcel or Precinct
Date si ature City/State/Zip No.* No.**
i/13o/1A ?0.30 74-0 557-M-0 J
,BR IXE LA 50INU E 5M) h 5, C A gsbsL
Phone: (911k) M-3127
11130/ 'y 7 s-ia c4-1 3�7-1S-t0
Phone: (1r�)L-
//- 3 10�q a lG� . � 7 /� Gl% l 2. 357 -aa
6t �f/z
Phone ) a 6l_-! a ?
* - 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 SAL 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: LOMITA 94-09
Annexation )
Betatftwt ) to/from City of Cupertino
itza) (City or Spec. District)
ENVIRONMEN'T'AL STATUS OF PROPOSAL
X The City of Cupertino , as Lead Agency for environmental review
(Name of City/District)
of the project, has already prezoned
(prezoned? other approval action?)
the territory on June 4, 1984 , and in ccuupliance with CEQA, has:
(date)
determined that the annexation is categorically
provisions of CE)QA pursuant to Cal.Adn.Code Sec.
(cite class exemption section).
exempt from
X completed 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 CE)QA pursuant to
Cal. Adm. Code Sec. because
CHARAC`T'ERISTICS OF THE AREA
1. Number of acres .30
2. Number of inhabitants 1
3. Number of registered voters 3
4. Number of dwelling units 1
5. a. What is the present use of the area (be brief, but specific):
Single Family Residential
b. Indicate the parcel numbers of those parcels, if any, which are
under contract under provisions of the Williamson
Act:
C. What steps, if any, have been taken or are proposed to be taken
to release the above parcel(s) from the contract?
6. a. For city annexations what is the prezoning that has been applied
by the city to the affected area (Note: Prezoning is a filing
requirement for city annexations):
If f l
b. Does the applicant intend to propose a change.in this zoning if
and when the territory is annexed to the City? YES NO ./
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 residential ... 1995
0
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 x NO
If YES, explain why creation of an island is justified.
10. Is the territory proposed for annexation/detachment/reorganization in
the City or District's urban service area: YES NO_X
11. If new development is proposed on the site, will this new development
be permitted without conummity 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:
$ /yrr. for
Supp. Appl. -3-
yrs. $__/yr. for —yrs.
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 School District Cupertino Sanitary District
Fremont High School District Mid Peninsula Open Space District
Foothill Community College Dist
14. Please provide the information requested below:
a. Owners of land* within the proposed annexatoirVdetachment/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's .3")7isj
(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 sham 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 or persons, not to
exceed three in number, who are to receive copies of the Director of
ComYmnity Developnent I 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 LAFOO 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
=(Signat)
complete- Cupertino, CA 95014
(Address)
(Date)
NOTE:j It A a general LAFOD 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
developrent 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. t
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 ;3 (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 notico,or hearing.
Dater cr
ity 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%-c*nsent applications.
Street Address Street Address
Name City/State/Zip Name City/State/Zip
(If additional space required, continue list on separate sheet & attach.)
C. FOR NOT -100% CONSENT PROPOSALS, list all registered voters
residing in the territory proposed for annexation/detachment/re-
organization if different from the landowners shown in 14a. and
14b. above.
Street Address Street Address
Name City/State/Zip Name City/State/Zip
(If additional space required, continue list on separate sheet and
attach.)
Supp. Appl. -5-
C1Ly of Copei-I ino
Nl-:cn•I' I Vh; DF,(:I,AItA'I' 1oN-
May 21, 11-);1/1
A:; Itr'ov i do d by I lw liliv i ronmenl a l 11:;:;c :;:,nu nl Provodiffe , arlolt t ed by the C11%,
Council of 1111-' City of Cuperl ino on March 71, 1071, an amvnclrrl, thin following
divsvribed 11rojvrl was }minted a Nvgat ivp I)rrlrtral ion by the Elly Council of
I he Ci Ly of Culiet-I ino on Play 21 , 191)11.
I'rr,jc.c•l Dc:;rripl ion and I,oral.ion
AI'I'I irat inti 4 -1 -A -81t n1,111 Iran) : Cily rel Culwrl ino ((11x1 Pionla Vi:;l;r nrc;
I,or:tC i on : Cr nc t'a l I v hounded by Cramuln Avenuc [,I the
11111-1.11, Imperial Avcune to [It(, eaa;l.,
MrC l c I Ian Road Io the soul It and by the
wr.r;l cit I y honn(1:11-y of l he Ill nrkhorry
I'.1 rut (;o I f Cot r:;c Io I he w(,:;1 .
D i' vret ionaryArl Ion kr clot :;l : I'1-( xrnlc and rr•y.nun
apprOKIMalVly 97 acres within the Old Munn Vina
al-vn to Itl-)1 (ItrAclrnt inl SingIv.f;lmilv), PI -7.5
(Rvnld6nl i.al Singlv-fannlly), I',(Plnnnvd DevvIcipmcnnl.
wiLh a Rvmidvnl ial 4.4-12 clwP1I% units Per mross
arrv), P (PIonnpd DvvvIol,mpnl with a ItP X11-111 i;11
11.4-7.7 dwvl I inti• ""Am 11pr gross arra), I' (Planned
Devololnn(-111 wills I,i)"Itl In(1u:;11-1;11 and 14.!;ldcul ial),
P (Planned Itr vc 11111111(111 with Agi-IrolIlire/ItccI-t,;)1 lonal),
and 110 (1'1(111 i r• Building) -r.on i lit; (l f :;l r i m s.
1 i (lnmalc i nf, L'o Iy
'I'll(, City Council grant -H a Nvgnl ivv Wr l arat ion :; fnc•(, (lit, 111-0 jcrl I:; con:: i.,;l cnl
with the Uncral Ilan and ha.s no signil Want vnvironirivnLal Imparts.
,I;unc . II . S i tilt
I'IannInl, 1)irrrlor
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, 19811. •
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-L-ial
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.
Fart I
Information to be completed by the Applicant
Project Type (Pre)Zoning I n l Tentative Map Other
Use Permit C- Variance
01-cl MonLa VisLa Are,,i }{enera y )ounc eL y rani, a venue to the n(,r Imperial
Location Avenue to the east, McClellan Road to the sc th and by the westerly boundary of
the E.Iackberry Fnrm Golt nurseo ie wc� s .
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 ro c,,,r. site contains approximately
97 acres.
Rev. 7/8/80
-1-
Description of Project (cont'd.)
Specific Details of the Project
1. Size of Site Nin
2. Intensity of Development
(a) If residential:
(1) Number of units per gross acre
(2) Residential Unit Schedule:
Unit type 111
Unit type #2
Unit type 113
Unit type 114
Unit type 115
(3) Percentage in area of building coverage
Percentage in area of recreational open space
(4) Parking required Parkin
g proposed
(b) If commercial, industrial, or institutional:
(1) Building square footage
(2) Percentage of building coverage of site
(3) Estimate of maximum number of employees per shift_
(4) Parking required Parking proposed
-2-
Questions Related to Potential Impact of Project
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 h:istoricai
or archaelogical 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 1)
(Pac,e 4)
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Description of the Environmental Settin
Provide the following information on a separate attachment:
(1) Describe the project site as it exists before the project,
including information on topography, soil stability, plants
and animals, and any cultural, historical or scenic aspects.
Describe any existing structures on the site, and the use of
structures. A plot plan may be required for the description.
(2) Describe the surrounding properties, including information on
plants and animals and any cultural, historical or scenic
aspects. Indicate the type of land use (residential, commer-
cial, etc.), intensity of land use (one -family, apartment
houses, shops, department stores, etc.), and scale of devel-
opment (height, frontage, set -back, rear yard, etc.).
CERTIFICATION: I hereby certify that the statements furnished
above and in the attached exhibits present the data and infor-
mation required for this initial evaluation to the best of my
ability, and that the facts, statements, and information pre-
sented are true and correct to the best of my knowledge and
belief.
Date
(Signature)
For 6_UPe-g'Ptia
(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 few structures may have greater historicn.l
value as separate entities. The rc•cre,'1tinn complex is located in the
1.00-yea17 event flood plan for Stevens Creek.
(2) The Project area is bordered by the Old Monta Vista Commercial District
to the north, by the West Valley Industri.a.l Parlc to the east and by
single-family residential neighborhoods to the south and west.
-4-
Part 11
Information to be completed by City Officials.
A. Primary General Plan Considerations:
(1) Is the project in violation of the City of
Cupertino's adopted General Plan?
(2) Will the project burden public utilities and
services?
(a) Fire and police services
(b) Parks and recreation system
(c) Schools
(d) Water system
(e) Sewer system
(f) Storm system
(g) Solid waste
(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?
B. 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 histori-
cal or archaelogical site?
(5) Will the proposed project eliminate an
existing recreational use at the project site?
(6) Does the proposed project decrease public
access to any public body of water or recrea-
tional area?
(7) Will the proposed project alter the location,
distribution, density or growth rate of the
human population of an area?
Yes Mavbe No
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
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,
dieeolved oxygen or turbidity?
Yes Mavbe No
X
X
X
X
X
X
X
X
X
X
X
X
X
X
(d) Reduction in acreage of any agricultural
crop? X
(e) Change in the diversity of species, or
numbers of any species of animals (birds,
land animals including reptiles, fish and
shellfish, benthic organisms or insects)? X
(f) Reduction'of the numbers of any unique,
rare or endangered species of animals?
(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?
X
X
X
X
X
X
Yes Mavbe LNo
(d)
Alteration of the direction or rate of flow
of ground water?
X
(e)
Change in the quantity of ground waters,
either through direct additions or with-
drawals, or through interception of an
aquifer by cuts or excavation?
X
(f)
Substantial reduction in the amount of
water otherwise available for public water
supplies?
X
(g)
Exposure of people or property to water-
related hazards such as flooding or tidal
wave.
X
(�) Will
the proposed project result in:
(a)
Change in the diversity of species, or number
of any species of plants (including trees,
shrubs, grass, crops, and aquatic plants?
X
(b)
Reduction of the numbers of any unique,
rare or endangered species of plants?
X
(c)
Introduction of new species of plants into
an area, or in a barrier to the normal
replenishment of existing species?
X
(d) Reduction in acreage of any agricultural
crop? X
(e) Change in the diversity of species, or
numbers of any species of animals (birds,
land animals including reptiles, fish and
shellfish, benthic organisms or insects)? X
(f) Reduction'of the numbers of any unique,
rare or endangered species of animals?
(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?
X
X
X
X
X
X
(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?
(b) Substantial increase in demand upon existing
sources of energy, or -require the development
of new sources of energy?
(10) Will the proposed prcjeL;t result in:
(a) Generation of substantial additional vehicular
movement?
(b) Effects on existing parking facilities, or
demand for new parking?
(c) Substantial impact upon existing transporta-
tion systems?
(d) Alterations to present patterns of circula-
tion or movement of people and/or goods?
(e) Alterations to waterborne, rail or air
traffic?
(f) Increase in traffic hazards to motor vehicles,
bicyclists or pedestrians?
(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?
(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.)
10
- Yes Mavbe No
94
X
X
X
X
X
X
X
X
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
X
x
(Note: Use additional sheets if necessary.)
On the basis of this initial evaluation, the Environmental Review Committee finds:
That the proposed project COULD NOT have a significant effect on the environ-
ment, and therefore recommends the GRANTING OF A NEGATIVE DECLARATION.
F7 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.
�I That the proposed project MAY have a significant effect on the environment,
and an ENVIRONMENTAL IMPACT REPORT is required.
Date X ` ' v
-9-
an, Environmental Review Committee
For