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Annex 98-12 - 10351 Byrne Ave Resos 99-049 and 99-078Please record without fee (Govt. Code Sec. 6103) COUNTY OF SANTA CLARA CALIFORNIA LOCAL AGENCY FORMATION COMMISSION County Government Center, East Wing 70 West Hedding Street, 10th Floor San Jose, California 95110 (408)299-4321 a c--'.., ' is ""i ISF� CERTIFICATE OF COMPLETION Doc#: 14735799 4/05/1999 8:10 AM I, Autumn H. Arias, Executive Director of the Santa Clara County Local Agency Formation Commission, issue this Certificate of Completion pursuant to Government Code Sections 57200 and 57201. I hereby certify that I have examined the Resolution for a reorganization attached hereto and have found this document to be in compliance with Government Code Section 56826 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 a REORGANIZATION which includes annexation to the City of Cupertino and detachment from the Santa Clara County Lighting Service District. A map and description of the boundaries of the change of organization is appended hereto. The title of this proceeding is: Bryne Avenue 98-12 (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 reorganization is March 15, 1999. I declare under penalty of perjury in the State of California that the foregoing is true and correct. Dated: `Z C Attachments: City Resolution Legal Description Map f Autumn H. Arias, Executive Director: Santa Clara County Local Agency Formation Commission r RESOLUTION NO. 99-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED "BYRNE AVENUE 98-12", APPROXIMATELY 0.378 ACRE LOCATED ON THE WEST SIDE OF BYRNE AVENUE BETWEEN SAN FERNANDO AVENUE AND ALCAZAR AVENUE; CHRIST (APN 357-12-028) WHEREAS, a petition for the annexation of certain territory to the City of Cupertino in the County of Santa Clara consisting of 0.378 acre on the south side of Lomita Avenue (APN 357-12-028) has been filed by property owners Charles and Pamela Christ; and WHEREAS, on February 16, 1999, the City Council adopted Resolution No. 99- 049 initiating proceedings for annexation of the area designated 'Byrne Avenue 98-12"; 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: 1. That it is the conducting authority pursuant to Section 35150.5 of the Government Code for the annexation of property designated 'Byrne Avenue 98-12", more particularly described in Exhibit "A"; 2. That the following findings are made by the City Council of the City of Cupertino: Resolution No. 99-078 Page 2 a. That said territory is uninhabited and comprises approximately 0.378 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. 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 May 16, 1983, 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. That the proposed annexation does not create islands or areas in which it would be difficult to provide municipal services. 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. That the City has complied with all conditions imposed by the commission for inclusion of the territory in the City's urban service area. in. That the territory to be annexed is contiguous to existing City limits under provisions of the Government Code. 3. That said annexation is hereby ordered without election pursuant to Section 35151 et seq. of the Government Code. Resolution No. 99-078 Page 3 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. BE IT FURTHER RESOLVED that upon completion of these reorganization proceedings the territory annexed will be detached from the Santa Clara County Lighting Service District. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15" day of March, 1999, by the following vote: Vote Members of the Cit Council AYES: Burnett, Chang, James, Statton, Dean NOES: None ABSENT: None ABSTAIN: None ATTEST: /s/ Kimberly Smith City Clerk APPROVED: /s/ Wally Dean Mayor, City of Cupertino 3 ( its (A Cttpertil10 March 23, 1999 Lois Sklar Deputy Clerk of the Board/LAFCO Clerk Santa Clara County Local Agency Fon-nation Commission County Administration Building 70 West Hedding St., 10`h Floor San Jose, CA 95110 REORGANIZATION - `BYRNE AVENUE 98-12" City Hall 10300 Torre Avenue Cupertino, CA 95014-3202 Telephone: (408) 777-3223 FAX: (408) 777-3366 OFFICE OF THE CITY CLERK Resolution. 99-078 was adopted on March 15, 1999, for annexation of property to the City of Cupertino. I have enclosed the following: • Statement of Boundary Change (2 copies) • Certified copies of the resolutions (6 copies) • Warrants: • $225 for final filing fees • $300 for you to forward to the State Board of Equalization for annexation fees • Map of limiting addresses (2 copies) • Alphabetical list of streets within the affected area. • Surveyor's statement The Assessor's statement has been forwarded directly to you by Sue Stone in the Assessor's office. This territory will be taxed with others already in the City. Sinpr�ly, Roberta Wolfe Deputy City Clerk Printed on Recycled Paper County of Santa Clara Environmental Resources Agency Building Inspection/Land Development Engineering and Surveying County Government Centex, 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 3, 1999 Kim Smith, City Clerk City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 RECEIVES I FEB 4 1999 BY: The attached revised description and map dated January 29, 1999 of territory proposed for annexation to the City of Cupertino entitled BYRNE AVENUE 98-12 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) Nancy Lee Board of Supervisors: Donald F. Gage, Blanca Alvarado, Pete McHugh, James T. Beall Jr., S. Joseph Simitian County Executive: Richard Wittenberg 6) EXHIBIT A BYRNE AVENUE 98-12 All of that certain property situate in Santa Clara County, California described as follows: BEGINNING at the Northwesterly corner of Lot 3, said point also lying on the Westerly line of Byrne Avenue as said Lot and Byrne Avenue are shown on the Map for Tract No. 139, Stevens Creek Subdivision Map No. 1, recorded in Book 4 of Maps at page 43, Santa Clara County records: thence proceeding along said Westerly line of Byrne Avenue North 118.82 feet to the City Limits of Cupertino as defined by the Annexation titled "San Fernando Ave. 84-1"; thence along said Annexation line East 50.00 feet to a point on the Easterly boundary of Byrne Avenue; thence leaving said Annexation line and proceeding along the Easterly boundary of Byrne Avenue South 178.82 feet; thence leaving said Easterly line and proceeding West 170.00 feet to the Southwesterly corner of the above mentioned Lot 3; thence along the Westerly line of said lot North 60.00 feet to the Northeasterly corner of said lot; thence along the Northerly line of said lot East 120.00 feet to the point of BEGINNING. Containing 0.371 acre more or less and consisting of all of Lot 3 as shown on the above mentioned Map. APN 357-12-028 Rev. 1-29-99 QRpFESSId �O �S E. y Nd, 20697 r; rz -,. GmL EXHIBIT B PROPOSED ANNEXATION TO THE CITY OF CUPERTINO EN TI TLED I _ BYRNE AVE. 98-12 1 40001,P O _ 0-00 -,I 1000* LIMITS OF ANNEXA110 /"SAN FERNANDO AVE. N C\� ` 84-1". SCALE: 1 " =50' PROF ESS/0 ti0 \�•,S E.Qu uj Ko, 2059�/� m CALF PROPOSED ANNEXATION - 0.371 AC (161,41 SQ. FT.) APN 357-12-028 P�A � EAST 50.0(0000,.0000 C-) LOT 1 ° z POB LOT 2 U � Q EAST 120.0( f— o/ z � ��/ WEST 170.00 VICINITY MAP SAN IEERNANDOVE. ui SITE w ALCAZAR > Q w w z z Q CL DOLORES o 00 /� `- CITY LIMITS OF N/ oo/ W CUPERTINO 7/ �Q a o z/ W � N 2 z/c o I /m/ �G CUPERTINO CITY LIMITS PROPOSED ANNEXATION LIMITS SEPTEMBER 2, 1998 REVISED 1-29-99 RESOLUTION NO. 99-049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA DESIGNATED "BYRNE AVENUE 98-12", PROPERTY LOCATED ON THE WEST SIDE OF BYRNE AVENUE BETWEEN SAN FERNANDO AVENUE AND ALCAZAR AVENUE; APPROXIMATELY 0.378 ACRE, CHRIST (APN 357-12-028) WHEREAS, the City Council of the City of Cupertino has received a request for annexation of territory designated "Byrne Avenue 98-12" from property owners, Charles T. Christ and Pamela Sue Christ; and WHEREAS, the property, 0.378+ acre on the west side of Byrne Avenue between San Fernando Avenue and Alcazar Avenue (APN 357-12-028) is contiguous to the City of Cupertino and is within its urban service area; and WHEREAS, annexation would provide for use of City services; and WHEREAS, this territory is uninhabited and was prezoned on May 16, 1983, to City of Cupertino Pre 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 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 "Byrne Avenue 98-12" and detachment from the Santa Clara County Lighting Service District at their regular meeting of March 15, 1999. Resolution No. 99-049 Page 2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16`x' day of February, 1999, by the following vote: Vote Members of the City Council AYES: Burnett, Chang, James, Statton, Dean NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Kimberly Smith /s/ Wally Dean City Cleric Mayor, City of Cupertino City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3249 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: BYRNE AVE. 98-12 Situs Address: 10351 Byrne Avenue and consists of: X annexation to CITY OF CUPERTINO X detachment from Santa Clara County Lighting Service Assessment District of 0.378 acres on the west (n/s/e/w) side of Byrne Avenue (Street/Avenue) between San Fernando Ave. (Street/Avenue) and Alcazar 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 uninhabited. 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 reorganization (annexation, detachment, reorganization, etc.) is/are: Annex parcel and a portion of Byrne Avenue. Cupertino: Annexation Petition -2- 7. It is desired that the proposed change of organization or reorganization be made subject to the following terms and conditions: N/A 8. The person(s) signing this petition has/have signed as (check one): X 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: Signatures of Petitioners (Please print name below) q Date: c7/gyp J I4�d . Date:/tea-/qf/ CHIEF PETITIONERS (not to exceed three) Street Address City/State/Zip v35-7 CA Phone: (1 ),20 /1030 -7? `f,1'iut,-- -+V Assessor's Parcel No.* or Gc�,��rti��cr�e OA 960111 Phone: Election Precinct No.** * 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: BYRNE AVE. 98-12 Annexation to CITY OF CUPERTINO (City or Spec. District) Detachment from SANTA CLARA COUNTY LIGATING ASSESSMENT DISTRICT ENVIRONMENTAL STATUS OF PROPOSAL XX CITY OF CUPERTINO, as Lead Agency for environmental review of the project, (Name of City/District) has already prezoned the territory on May 16, 1983 ( 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 0.378 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): Residential use. 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. Construction of new single family residence 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 armexation/detaclunent/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 _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 Elementary School District Fremont Union High School District Foothill Community College District Cupertino Sanitary District Mid -Peninsula Open Space District County Lighting Service Assessment LANDOWNERS AND REGISTERED VOTERS 14. Please provide the information requested below: a. Owners of land* within the proposed annexation/detaclunent/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/Zip Tel. No. See Petition Charles T. Christ 10351 Byrne Avenue (408)253-8654 Pamela Sue Christ Cupertino, CA 95014 *See next page Suppl. Appl. -4- Parcel No. 357-12-028 Value of Land $144,264 "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): Name (1) (2) (3) Street Address City/State/Zip 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 VISKOVICII 10300 TORRE AVENUE (Print ry1ne oAersptto c�omp)eting this CUPERTINO, CA 95014 W )� 1 c7� 0� Zr -C (Signa ) I (Da NOT It is a general LAFCO filing requirement that a copy of this application be filed with each chool 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: a � 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 ** * ** OLD REPUBLIC TITLE COMPANY 'f * 12228 SARATOGA-SUNNYVALE ROAD • SARATOGA, CA • 95070 . (408) 725-8500 Fax: (408) 252-0369 PRELIMINARY REPORT Issued for the sole use of: Our Order No. 471270 -SR REFERRAL REALTY Reference 1601 S. DEANZA BLVD., #101 CUPERTINO, California 95014 When Replying Please Contact: Attention: BARBARA GWOZDZ Sandy Rose Buyer: Barbara Gwozdz Property Address: 10351 Byrne Avenue, Cupertino, California In response to the above referenced application for a policy of title insurance, OLD REPUBLIC TITLE COMPANY hereby 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 below 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. 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. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Dated as of July loth 1998 at 7:30 A.M. OLD REPUBLIC TITLE COMPANY For Exceptions Shown or Referred to, See Attached Page 1 of 6 Pages 3157-A (Rev. 1 /1 /95 OLD REPUBLIC TITLE COMPANY ORDER NO. 471270 -SR The form of policy of title insurance contemplated by this report is: a CLTA Standard Coverage - 1990, Owner's Policy; AND an ALTA Loan Policy - 1970 (Rev. 1992) with ALTA Endorsement Form 1 Coverage, OR, an ALTA Loan Policy - 1992 with ALTA Endorsement Form 1 Coverage. A specific request should be made if another form or additional coverage is desired. The estate or interest in the land hereinafter described or referred to covered by this Report is: a FEE. Title to said estate or interest at the date hereof is vested in: CHARLES T. CHRIST and PAMELA S. CHRIST, as Trustees of The Charles T. Christ and Pamela S. Christ 1997 Family Trust UTD 12/10/97 Page 2 of 6 Pages ORT 3157-A1 (Rev 1-1-9 OLD REPUBLIC TITLE COMPANY ORDER NO. 471270 -SR The land referred to in this Report is situated in the County of Santa Clara , in the unincorporated area, State of California, and is described as follows: Lot 3, "Tract No. 139 Stevens Creek Subdivision Map No. 1 in Section 14, TP, 7S., R. 2 W., M.D.B., Santa Clara County, California", filed May 17, 1940 in the County of Santa Clara, in Vol. 4of Maps, page 43. 357-12-028 63079 TJP/SO/at A 357-12-28 6-22-95 Page 3 of 6 Pages r) PT :I I r,7 . GI L\', nt• Cupon inn NI:CAT I VE DECI.ARAT I ON - May 21 , 1984 As provided by the linvirornueuLal Assessment Procedure, adopted by the City Council of th. City of Cupertino on Mnrch 27, 1973, as amended, the following descrl6ed project was gra ioted a T,egativc Declar.ition by the City Council of OIL! City of Cupertino ou Mav21, 1984. 11ro ect Descript inn and 1.ocaLion Application 4 -EA -84 Applicant: City of Cupertino (Old Munta 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 R1-8 (Residential Single-family), h1-7.5 (Residential Single-family), 1' (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 acrd), P (Planned Development with Light Industrial and Residential), P (Planned Development with Ag:riculLure/ReereaLional), and BQ (Public Building) zoning districts. Findings of Decis_ionmaking Body The City granted ranted a Negativ6� edli dot since+tit „ with Lhe General Plan .,and has no Ksigni.fit' nC �(n. pn�ten[ s �i'MI I. Q�({ L7 yy� g{w��s!j•i yJPUAy� 2ti' i'.9'C.t yS?+ _"rtR".^"ct-r PV IITAe$�f�i to .l$I�f'•' Plan'n-ing A)irect T r , -.,. n F•^�` v.^ i �}i`'Ps,Me .�i ,consistent This is to certify that the above Negative Declaration was riled in the office of the City Clerk of the City of Cupertino on May 22, 1984. eputy City Clerk Inirial. Stucy..._. . City of Cupertino Environmental As-sessment Procedures E. A. File 'Humber(s) 4-1:1\-84 Aop!icaticn F; i e i`lu=ber(s) 1-7.-34 Dale Pcbru:;r�i 27, 1984 The CalioL l.a E7v:Dcrmencal [tlla!1tj Ac:: OC 19%Q, as amer:Ced, requi=?s pu'o1_c agencies to evaluate puolic and prirace projects to detz=ine their peterr'a impact on the environment. 1 TCIiS Worksheet is intended to provide guidance for both you, the applicant, a^.Q City officials in assessing a proposed project to determine Whether it may or may not have a impact on the environment. If , Eased upon the info—ati en provided' belcu, the City maks aBete_:,._nat'_on tzar your project may have a significant impact on the en•r_=o=ent, you.Wil! be r=_quired to prepare an Environmental IlnDaCt Report as provided by State lam and the City of Cuperzino's Envirormental Assessment reauiremaents. �- Detail ed information regarding the 'erty:Lo=ental assessment procedure is avail- able from the Director of Plamning and Development. Part I l Irerl � alien fie �,e* ccmalefie,-J, by the Appliccnt Project Type (Pre)Zcni.g TentaCive Nap �I 0 then C Use Pewit �—Variance F --I 0. a MCIiLa 1s[3 A rcm:i galiernlly uuunuec Dy ran..ea venue to the nor[n, taper#a_ Locaticn Avenue to Che east, McClellan Road Lo the st.th and by the Westerly boundary oc the Ltlr,ccuerry i:1L111 U011: I,oUCSC eo CIIe Wes[. Applicant City of: Cupertino Address a" AppLicrnt 10300 'rorrc Avemle, Cupert: ine, CA 95014 Phone (408) 252-4-505 Gznera� Desc__pc_c,, o_' project Pre�elie incl re -one tfie above areas to venin;; diStr C 5 COnSiSt?'.lC 'd{Cil tile GenThe 'C s{Ce Cnntnins a�PrnslmaC=1'J Q7 icrc Description of Project (caned.) i I ( I Soeci`ic Detsils of the Pro�ec_ 1. SZ CC Site —',,I /A 3, ne^sic7 of Development (a) - ras=Qezt=ai (1) Nt�ber of un_cs per grass acra (?) Residential Unit Scaedu_? e: Ur._t type it Un t tpp e #2 Unit type 93 Unit type 04 Unit tape d3 ac.-ner– Re_^.ta' sh{p No. of I Sizet=� Bedrocros Sa.Et• I a:acTota? Sales Pr -^e Nu. ;-er • I� i I ( I I I I I I I 1U^� T (3) Pe--centage in area of buLldi:g =—,rerage Percentage in area of recreational open space (4) Par'.t•'ng required Par'.cin3 proposed (b) I= coerc_al, ar i^.scicucicnal: (1) Build_ag square fcotage Percentage cf bu,'i d'_ng cc,ierage cf site (3) Esti--,a,._ o= mu:_W.I-- number of employe_s per shift (4) Par!c'_zg requ'_:ed ParIC -:g r-cnas2d Cues=ions Related to Potential I�aact oC Preiect A. Social/Cultural Impacts: (1) Will the prcpcsed prosect result in the d_s- placement of people? (_) W'1l the prcjec- aL te- the employment base Of the ccm:aun-t-7? (3) Wi11 the project alc_r the housing needs a=the c.,^� un' (4) Does the propcsed project affect a h:istcr_c31 or arc haelasit=. B. Physical Impacts: (1) Will the projec: result in a change of a natural body of Gate=, vegscat_Je cover, or land form? (Z) Wil 1 the project result is a charge i_z a sce.^.'_c view or vista, f ---m e_c.; st=.g resi--d encial area or publ=c lands or roads? (3) Wi1-I the project change the development pate —, scale or cnaiaczar of general aipa of project? (4) Wil—the construction and/or operation of the project result is sign-I.-ficant amaunt of solid Caste, litter, dust, ash, smoke, fuses or odors in the vicinity? (3)Wig? the project result in a charge in stre— or ground �:ater quality or quar.ti ;r or alta_a- ti on of e=:is c=ng d=a-mage pat= -==z? (6) Will the project substantially change ee-s :Lng noise or vibration leve?s Ln the vicinit7? (i) Is the project site on filled land or on slope of 107. or v=aster? (3) Does the project involve the use or disposal of potent'_a' i,r hazardous materials sur -"I as t�::.ic subscancas, flar-:able or e_:plosive7 (�) Is the project a phase of an e= T: or _�t�re 1ur5e^ pr-zject or series of projects? -3- Yes Mavbe No K K X ('Not= 1) (pcge 4) X v j X X X x X Description of Ghe Environmental Sectinz Provide the following inforr,acicn on a separate attachment: (1) .Describe the p'rojec't site as it e ists before. the proiec' including inf==,ac,on on topography, so -4-1 stability, plants and animals, and any cultural, h=s CC r =c i or scH:11C aSPect5 . Describe any e::isting struccuras on the site, and the use of structuras. A plot plan may, be requ_red for the descr;pt_cr. (_; Desc-_oe the s :_ou^.c=-•3 P=oper�_es, _ c?ddi :g { ,_`o_...a-_cn cr . plants and an;mals and any Cult.ral, histcriCal or sC_.,-z aspec_Z. Indicaca the type of lend use (resident_al, comner- C;al, et C.) , �'itans=�I of land use (ane—fami.17, apo"=e:C houses, shops, department stores, ecc.), and scale of devel- opment (he4ght, frcntage, sec -back, rear yard, ecc.). CE- :CAT10N I hereby certif7 that the scatemeats fu^_saed ".wove and in the attached �=hibits present the data and { ;_e r- Macion required for this irLt_a1 evad_uat_on to the best of ry ability, and that the facts, statements, and i-mf0t—mation pre— sented aro true and ==z e_t to the best of rm,r I=C' ledge and belDate ie=. (Signatura) Par (1) The nr.nject site is comprised of e::isting urban deve]niiment including n acre gv1C coarse ant! picnic ground rucruation complex. The entire arec Has general Historic value. A Cow structures = have greater Historir..i vntue ns separate entjCLos. The rcrr.cntinn complex is Incoteu in L11c 100 -yeti: event Clood plan Cnr Stevans Creek. (2) The praject area is bordered by the Old Mcntn Vista Crnnmerciat District to the north, by the West Valley Industrinl Pnrk to the en -St and by single-Cnmily residential neighbor.hnods to the south and west. Fart I Informarion to be completed by City Of Mziais n. Pr_mar-7 General Plan Considerations: {ems u" -r0 (1) Is the project in violation or the City of Cupert=no's adopted Genera' Plan? 1 (2) Will the pr ject burden public ut'_?i__es and se: -:ices? (a) Fire and pclica (b) Par'.ts and recreation system ;{ (c) Schools x (d) Water 57Ste^1 X (e) Se•.:er syste= X (f) Storm system X (g) Sold vast= x (3) Is the project side outside of the Urban Ser- vice Area of the City as defined by Santa Clara County Local Agenc7 Format_on Cc=a--ss-om? X B. So cia.1/ Cultural Impacts: (i) WL -11 the proposed project result in the dis- placement of people? X (2) Will the project alter the e7p107„ent base of the comvumitj? (3) W411 the project alter the housLig needs of the co=unity? :{ (4) Does the proposed project aides= a histori- c� or a_=hae1og{caL s_te? :{ (`) Wiii the proposed project e iminata a.. e Jting rac_aacional use at the project s't_- '{ (6) Does the proposed prosect decrease public access co any public body of sate_ or r__rea- C_onal are:? { (7) W4-1 the proposed proiecc a'_ter the location, dist-ibution, densit7 or 9':'c Ch rate CE the humnan population of an area? .(8) WT?1 the project result in: (a) T'ne disturbance of a natural 0-6 man-:Wade Feature in the prciecz area _h_ch is unique? (b) The obstruct'icn of a .seen'-c vista open tz the public?' C. Physical I^caccs: (1) Wiil the proposed project result in the e:cpcsure of people or property to geologic hazards such as ea_chcuakas, landslides, mucs'--ices, groc::c " failure or s r haza_a? (Z) Will! l t:-ie proposed pr^ jazz resulc i_^ . (a) Unstable earth ccncicicns or changes Li geologic subszr'uctures? (b) ID�-ruptions, displacements, cnmpaczicn or overcovering of -the sc4l? (c) Change iz topography or gourd sziracs ra-Liaf features^ (d) The destrict=on, covering or :rindif_ca- tion o= any unique gec?ogic or physical f eature? (e) Any i*icrease in v nd or Eater erosion of sail, either an or o=f the site? (3) Will the proposed prajecz result in: (a) Substar.c_ai air emissions or deterioration of arbienc air quality? (b) T"ne creation of objectionable odors? (c) All czzation of air movement, moisture or temperature, or any change in climate, e=ther locally or regicnalll? (4) r,,;{tl the proposed projec: result in: (a) Changs is abscrpciou races, drainage patters or the rate and amcunt of sur:ace -ute- runot-. A-lterac_ens to the course or Elan of flood vjacers1 (c) Discharge into sur-ace vacers, or iz any alceracion of sur:ace Vater quaiicY, includ;n; but not limited to temperature, diseolved ax-ygen or turbidity? ,Yes Maybe Tia X X X X n X X X X X •(8) W;?1 the project result in: .j (a) The disturbance af.a natural or man-made X feature in the project area which is unique? X (b) The obstrucc'_on of a .scent= vista open to the public' C. Phvs_caI Loacts: (1) Will the proposed project result in t e e.:pcsure cr people or -13-:cperry to geologic ha=arcs such as ea__ : Yes Mavb e Lac (d) A-Iteracion of the direction or race of flow of ground water? ;t (e) Change in the quantity of ground waters, e=Cher through direct additions Or wic"- drawals, or - through interes?cion of an acui_`er by cuts or e cavacian? ' (f) Substantial reduction is Che aL.our.t of water c the='.:ise available for public water suaal{ es? v (g) L.-:)Gsur=_ o f people or proper :-' to wacer- ra'_aced ha=arils such as flooding or tidal •r the proposed project result in: (a) Change in the diversity Of species; or nt^ber of any species of plants (including t=ees, shrubs, grass, craps, and aauat=c plants? (b) Reduccian of the numbers of any unique, rare or endangered species of (c) Introduction of ne,.r species of plants into an area, or in a barrier to the normal replenishment of e:cist{nZ species? (d) Raduction in acreage of any agricultural X crap? (e.) Change i_*j the diversity of facies, or r� -t T 1-S b; - rumbers of any species of anima-_ :s, land an=vial s including repel es, fish and V '=act) shellfish, benchic Organi-mss or "ti ^ (f) Reduction'of the numbers Of any unique, rare or endangered species.cf animals? X (a) Incraduction of new species of an'_mals into an area, or result i= a barrier to the migration or movement of an'als? .� (h) Decerioracion to e:c_scing f4sh or w'idli-'e :t habitat? (6) Will the proposed projec_ resul= (a) Increase in e::ist'n3 Heise levels? (b)cpasure of people co severe noise leP (7) Does the proposed project signs=!cantly affect. the potential use e:ctractian or canserxation e[ a scarce natural resource such as agr'culcural Land, a mineral deposit, or woodland? (8) Will the proposed project involve the use, storage, or disposal of ha=ardous materials? (9) Will the proposed praject result in: (a) Use of subsCancial amounts of fuel orf energy? (o)' Suostantlzl increase in demand upon e:__sc_nz sources ar energy, aL.requite the development of ner- sauress of energy? (.0} Will the croFcsed pr' le_t re -s" (�) �i2^.erat�an of substant1a11 additzonal. vehi-11 a7 movement? Yes Na•rbe No x x (b) E�sects on existingpa-'.tl.*tg fat'? i __es, er demand for new parkLng? X (c) Substantial impact upon existing transporta tion systems? (d) P1te-aticns to. present patterns of c{resla- cion�or mave-7enc of people and/or goods? X (e) A1tzraticns to waterborne, ra' l or a4 - Y tra=fi C? (f) Inc.ease in traffic hazards to motor vehi:zes, bicyclists or pedestrians? (11) handatory Findings of Signifi c.:!nce: (a) Dees ttie project halre the pccenci>l Co deo=ode the qualiCy of the envi=nmenc, substancial?y rec'uce the haoitac- of a fish or ,;ildl4yo species, cause a fish or vi—1 dlife population to drop below Sal:,suscaining levels, threaten to eliminate a p t an f or animal community, reduce the number or restrict the ranze� of a rare or endangered plant or animal.or eliai.^.ate important examples of the major periods of Cz�lifar iia history or prep=stsrl? (p) Does the preject have the pctenCial to ac::{ ave shore -ca=-, cc the disadvantage of long -tem, environmental goals? (a shor_- ta_- impact an the environment is one which occurs in a ralacivelj brief, definitive peL_od a c-, me _1e lana-_erm imp ac t3 •��� endure into the fucura•) x X (c) Does the project have impacts c:h=ch are i-ndividually limited, but cumulatively con- siderable? (A project may impact on t::o or Mare separate resources '.here the impact on eac:l rescu.:-re 4-s rel at'vely s -al" , bu*t 'Mea r -'-Ie effect aL tae roca— of t.`tcse 'pacts cm the e^.V;,aCl^e^t is s_='.:--_s••�• (d) Does the p-siecc have e^•r=_orae^tom. er=ects which w4 ll cause subsea^.tial adverse e=-�eccs on human be'_.-igs, el --her d=rectl_y or i -•directly? Discussion of En•�_rorzae^.tel E: aluaclon Dete-i1nat_cn: _ Yes Faybe . ;'IO (Not_: Use additional sheets if necassa�.) On the basis of this icitial eve? uat_on, the E.-tvi-onmental Rev -i2,,; .C_;==L4 ttee finds: 1 That the proposed project COULD NOT have a significant ef-fect an the eitvi.cn- ment, and there ore reco=ends the GRAN=C OF A N7.GAT17E DEC�RATZON. I That,althcugh the proposed project could have a significant a=feet an the environment, there wi?1 not be a significant e-ffect in this case because of the mrogation measures desc_ibed an an attached sheet have been added to the project. It is recommended that A NEG"" -17E DECLURA_lON BE Ii :pat the proposed project HA:l h:ve a s'_g z'_fiCsRt effect on the envi.cnmeac, and an Ei7?ROritiE.ITAL Il�Tr1CT RE"20,R is required. Data �T � t�:.n, E :virormental Review Ca>.�itt=_e Far /7 ^ ��_•