89,308 Annexation Pan/Fang 92-02 89,308 PAN/FANG 92-02 _
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• CITY OF CUPERTINO
• REST �� •
No. 09
REC• DATE I_ �/- _19�Z
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RESOIUPICN NO. 8606
A RESO=CIN OF THE C= COUXIL OF THE CITY OF CUPERTM
MAKING DETF.EMTIONS AND APPROVING THE ANNEXATION OF 'IERRITMY
DESIG= "SAN FERMIM AVENUE 92-02", APPRMUIPPELY .25 ACME
IOCATED ON THE NORTH SIDE OF SAN FERM)NDO AVENUE BETWEEN
BYRNE AVENUE AND ORANGE AVENUE; PAN/FANG (APN 357-15-044)
WHEREAS, a petition for the annexation of certain territory to the
City of Cupertino in the County of Santa Clara consisting of .25 acre on
the north side of San Fernando Avenue between Byrne Avenue and Orange
Avenue (APN 357-15-044) has been filed with the City of Cupertino; and
WHEREAS, on February, 18, 1990, the City Council adopted Resolution
No. 8598 initiating proceedings for annexation of the area designated "San
Fernando Avenue 92-02"; 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 sided 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
C,ove=ient Code for the annexation of property designated "San
Fernando Avenue 92-02," more particularly described in Exhibit "A";
-1-
RESdidTi'ICN NO. 8606
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
.25 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 annexing when providing City services.
C. The City Council has completed an initial study and has found
that the annexation of said territory has no significant impact
on the environment, and previously approved the granting of a
Negative Declaration.
d. The City Council on June 4, 1984, enacted an ordinance prezoning
the subject territory to City of Cupertino R1-7.5 zone.
e. Annexation to the City of Cupertino will affect no changes in
special districts.
f. That the territory is within the City urban service area as
adopted by the Local Agency Formation Commission.
g. That the annexation is made subject to no terms and conditions.
h. That the County Surveyor has determined the boundaries of the
proposed annexation to be definite and certain, and in cmpliance
with the Camiission's road annexation policies. The City shall
reimburse the County for actual costs incurred by the County
Surveyor in making this determination.
i. That the proposed annexation does not create islands or areas in
which it would be difficult to provide municipal services.
j. That the proposed annexation does not split line of assessment of
ownership.
k. That the proposed annexation is consistent with the City's
General Plan.
1. That the City has ouxplied with all conditions imposed by the
cmwnxssi.on for inclusion of the territory in the City's urban
service area.
-2-
RESOLUTICN NO. 8606
M. That the territory to be annexed is contiguous to existing City
limits under provisions of the Government Code.
3. That said annexation is herby 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 16th day of March , 1992, by the
following vote:
Vote Menbers of the City Council
AYES: Dean, Goldman, Koppel, Szabo, Sorensen
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Dorothy Cornelius /s/ Lauralee Sorensen
City Clerk Mayor, City of Cupertino
-3-
"San Fernando Ave. 92-02"
Revised: February 6, 1992
All that certain property situated in the County of Santa Clara,
State of California, more particularly described as follows:
Portion of section 109 as shown on that certain "Map of subdivision
"A" Monte Vista", which was filed for record in the office of the
recorder of said county on April 11, 1917 in Boo}: P of Maps at Page
20, more particularly described as follows :
Beginning at the intersection of the Northerly line of San Fernando
and the Westerly boundary line of said section 109; said point also
being an angle point in that boundary line of that certain
annexation to the City of Cupertino entitled "San Fernando Ave 88-
07" by Res 7696 .
i
Thence from said Point of Beginning North 198. 42 feet along the
easterly boundary line of that certain annexation to City of
Cupertino entitled "San Fernando Ave. 88-07" by Res 7696 to the
northwest corner of section 109;
Thence East 50 . 00 feet;
Thence South 198.42 feet;
Thence West 50 . 00 feet along the northerly line of San Fernando
Avenue also being a northerly boundary line of said annexation, to
the Point of Beginning.
Containing: 9, 921 square feet, more or less.
0.227 acres, more or less.
APN: 357-15-044
By: H.B.
BYkNE AVENUE STFVFNSCRFFK RI VD.
IP"
GRANADA
2O' AVENUE a
HERMOSA a
z
W W J
LOMI TA AVENUE
I' N w
20' SCALE: 1"=60' U� o (L
m ALMADEN AVE OLIVE AVE.
r � SITE
MAIDS OF SAN FERNANDO AVE.
Z� I SUBDIVISION
o� w MUN1'A VISTA VICINITY MAP
a W; i I P—M-20 NOT TO SCALE
x >
LjQ �
rn
o n I'
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a L6. C.a
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Li z
Liz z/�
Q P4
1+�1 PARCEL-44
� - POB I � 2 Qc21 27 acreses
— NORTH 0.
C/D I 198.42'
APN 357-15-044 o D
198.42'
I
I
LEGEND:
= BOUNDARY LINE OF EXHIBIT B
PROPOSED ANNEXATION PROPOSED ANNEXATION
TO THE CITY OF CUPERTINO
— — — — = BOUNDARY LINE OF ENTITLED SAN FERNANDO AVE. 92-02
EXISTING ANNEXATION
DATE: JAN. 1992 SCALE: 1" = 60'
BY: H. BACUS REVISED: 2-06-92
"F�IC111[31T A"
"San Fernando Ave. 92-02"
Revised: February 6, 1992
All that certain property situated in the County of Santa Clara,
State of California, more particularly described as follows:
Portion of section 109 as shown on that certain "Map of Subdivision
"A" Monte Vista", which 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 intersection of the Northerly line of San Fernando
and the Westerly boundary line of said section 109; said point also
being an angle point in that boundary line of that certain
annexation to the City of Cupertino entitled "San Fernando Ave 88-
07" by Res 7696.
Thence from said Point of Beginning North 198. 42 feet along the
easterly boundary line of that certain annexation to City of
Cupertino entitled "San Fernando Ave. 88-07" by Res 7696 to the
northwest corner of section 109;
Thence East 50. 00 feet;
Thence South 198. 42 feet;
Thence West 50. 00 feet along the northerly line of San Fernando
Avenue also being a northerly boundary line of said annexation, to
the Point of Beginning.
Containing: 9, 921 square feet, more or less.
0.227 acres, more or less.
APN: 357-15-044
By: H.B.
8'9,308'
_--� STEVENSCREEK BLVD.
BYRNE AVENUE
GRANADA
20• AVENUE d
HERMOSA d d
W d
• > Z
Q AVENUELOMITA
w
20 SCALE: E
m ALMADEN AVE OLIVE AVE.
SITE
MAPS OF SAN FERNANDO AVE.
SUBDIVISION
o�
z MONTA VISTA VICINITY MAP
w
~ 7 P—M-20 NOT TO SCALE
X > Q
2!
Q 0 n O
ZzW Q
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PARCEL-44
PDB I 9,921 sq. ft,
0.227 acres
— NORTH
198.42'
/��// m
' g APN 357-15-044 o N
//Soli /%
198.42'
kv
I
LEGEND:
= BOUNDARY LINE OF EXHIBIT B
PROPOSED ANNEXATION PROPOSED ANNEXATION
TO THE CITY OF CUPERTINO
— = BOUNDARY LINE OF ENTITLED SAN FERNANDO AVE. 92-02
EXISTING ANNEXATION
DATE: JAN. 1992 SCALE: 1" = 60'
BY: H. BACUS REVISED: 2-06-92
Countyof Santa Clar� couNr,_
Dcparnncnt of Manning anti Development
Otfice of the(.I lung Surveyor
( ,):um (i,)%cmmonl )cm r. I-as, W111P,
70 NN 11 1 Ir,I,W,y;Slrrci
San l„s-. (:ala,)rn,a s,l l o Tq C"�
1108121)1)1871
February 3, 1992
Dorothy Cornelius, City Clerk
City of Cupertino
P.O.Box 580
Cupertino, CA 95015
The proposed annexation entitled SAN FERNANDO AVENUE 92-02 is not in accordance with
Government Code Section 56826.
X The boundaries are not definite and certain in the following respects but may not be limited
to):
(SEE KEY COPIES ATTACHED)
1. The road was already annexed per annexation San Fernando Ave. 88-07.
2. This is not the southwest corner.
3. 198.42'
4. This will change.
5. said point also being an angle point in that boundary line of that certain annexation to
the City of Cupertino entitled San Fernando Avenue 88-07 by resolution 7696.
1 am returning one copy of the map and description. Please show the revision date on any
subsequent map and description and return three (3) copies of each to me when you resubmit this
annexation request.
If you have any questions, please call Ginny Millar at (408) 299-2871.
Very truly yours,
JAMES F.SIRR
Manager / County Surveyor
/N467t i D.M -
Martin D. Marcott
Deputy County Surveyor
Enclosures
Board of Supervisors:Michael M. Honda, Zoe Lofgren. Ron Gonzales, Rod Dincion. Dianne McKenna
county Executive:Sally R. Reed
"FX111[31T A"
"San Fernando Ave.,9, 2-p2"
DOAT
All that certain prop y"s a e in the County of Santa Clara,
State of California, more particularly described as follows: - �
Portion of section 109 end a portion of San Fernando Avenue) as\
shown on that certain "Map of Subdivision "A" Monte Vista", which
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 'southwest corns of said section 109; qXIr ` qlw�
Q Co.q Z.
Thence from said Point of Beginning North 218.42 feet along the
easterly boundary line of that certain annexation to City of
Cupertino entitled "San Fernando Ave. 88-07" by Res 7696 to the
northwest corner of section 109;
Thence East 50.00 feet;
0,1°TB. 4z
Thence South 218.42 feet;
Thence West 50. 00 feet along the northerly line of San Fernando
Avenue also being a northerly boundary line of said annexation, to
the Point of Beginning.
Containing: 30, 920 square" eet, more or less.
)
0.25 acres, more or less.
APN: 357-15-044
By: H.B. : /a1S w l Cho
be AY-I Gtrl ►n{ to 41R+ boaricd Lw�
BYRNE AVENUE 5TEVENSC `
20' GRANADA -17 S�
AVENUE a
HERMOSA a
Z a w w
I O ® LOMITA AVENUE
20 LSCALE: 1"=60' z
� w
Io a-
m ALMADEN AVE OLIVE AVE.
I SITE
W I MAPS OF SAN FERNANDO AVE.
o 2 I SUBDIVISION "A"
w MONTA VI A VICINITY MAP
x > P_M-20 NOT TO SCALE
Za ° I
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LOT 44 -
POB I 10,920 sq.
Q _ _ J 0.25 acres
_ NORTH
.42 Z-7Ln
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0
APN 357-15-044 p n
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218.42' I� -
J
I
LEGEND:
BOUNDARY LINE OF EXHIBIT B
PROPOSED ANNEXATION PROPOSED ANNEXATION
TO THE CITY OF CUPERTINO
BOUNDARY LINE OF ENTITLED SAN FERNANDO AVE. 92-02
EXISTING ANNEXATION
KE' ��� DATE: JAN. 1992 SCALE' -SNI( BY: H. BACUS REVISED:
CLTA STANDARD COVERAGE
• /�e
SCHEDULE A
Order No.: 35123933 Premium: $ 1, 091 .75
Date of Policy: December 30, 1991 at B:00 a.m. Policy No.: CNJP-1597-72215
Amount of Insurance: $ 275,000 . 00 Loan No.: 5442753
1. Name of Insured:
ERIC FANG and CINDY PAN
2. The estate or interest in the land which is covered by this Policy is:
A FEE
3. Title to the estate or interest in the land is vested in:
ERIC FANG and CINDY PAN, husband and wife, as Joint Tenants
4. The land referred to in this Policy is described as follows:
SEE "LEGAL DESCRIPTION" ATTACHED
1512 STEWART TITLE.
GUARANTY COMPANY
Schedule A Peye 2
LEGAL DESCRIPTION
Order No.: 35123933
(Unincorporated Area)
All that real property situate in the County of Santa Clara, State of
California, described as follows: Beginning at the point of
intersection of the center line of San Fernando Avenue ( 40 feet wide)
with the West line of Section 1090 of the Subdivision hereinafter
referred to; thence along the said center line East 50 feet ; thence
North and parallel with the West line of said Section 109 218. 42 feet
to the north line of said Section 109; thence West and parallel with
the center line of San Fernando Avenue 50 feet ; thence South along the
West line of said Section 109, 218 . 42 feet to the point of beginning,
being a part of Section 109, as the same are so designated and
delineated on that certain Map entitled, "Map of Subdivision "A" Monte
Vista" , ,as said Map was filed for record in the Office of the
Recorder of the County of Santa clara, State of California, in Vol .
"P" of Maps, page 20 .
APN/ARB: 357-15-044
STEWART TITLE
OUAkANT1 COMPANY
Legal Dcsc - '. '0 1
_ CLTA STANDARD COVERAGE - 1988
• SCHEDULE B •
Policy No.: CNJP- 1597-72215
This policy does not insure against loss or damage (and the company will not pay costs,
attorneys' fees or expenses) which arise by reason of:
PART 1
1. Taxes or assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices
of such proceedings, whether or not shown by the records of such agency or by the public
records.
2. Any facts, rights, interests or claims which are not shown by the public records but which
could be ascertained by an inspection of the land or which may be asserted by persons in
possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public
records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other
facts which a correct survey would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing
the issuance thereof, (c) water rights, claims or title to water, whether or not the matters
excepted under (a), (b) or (c) are shown by the public records.
STEWART TITLE
C;U A RA NTY CUM PA NY
Schedule 9 - Page 3
i CLTA STANDARD COVERAGE - 1988 • •
Policy No.: CNJP- 1597-72215
SCHEDULEB
PART II
1 . County and City Taxes for the Fiscal Year 1991/92
1st Installment $242. 33 PAID
2nd Installment $242. 33 NOT YET DUE BUT PAYABLE
Land $14,979 . 00
Improvements $20,616 . 00
Exemptions $7,000 . 00
A.P.N. 357-15-044
Code Area 63079
2 . The Lien of Supplemental Taxes, if any, assessed pursuant to the
provisions of Chapter 3 . 5 (commencing with Section 75) of the Revenue
and Taxation Code of the State of California.
3 . DEED OF TRUST to secure an indebtedness of
Amount $190, 000.00
Dated December 9, 1991
Trustor Eric Fang and Cindy Pan, husband and wife
Trustee Stewart Title of California
Beneficiary Transcoastal Mortgage Corp.
Loan No. 5442753
Recorded December 30, 1991, under Serial No. 11182103
Official Records'
STEWART TITLE
Schedule E P,,;je 4-A GUARANTY COMPANY
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` ENDOREMENT ATTACHED TO AND MADE APART
OF MORTGAGEE'S POLICY OF TITLE INSURANCE
No. 35123933 SERIAL NUMBER 1597- 72215 ISSUED BY Charge $ 0,00
STEWART TITLE
GUARANTY COMPANY
HEREIN CALLED THE COMPANY
1. This Endorsement shall be effective only if at date of policy there is located on the land a structure designed for and used
as a residence of not more than four families. The Term "structure" includes the principal dwelling structure on the land and all
other improvements related to residential use, except lawns, shrubbery or trees and except perimeter fences and perimeter walls.
2. The Company insures the Insured, as of date of policy shown in Schedule A, against loss or damage, not exceeding the amount of
insurance stated in Schedule A, and costs, attorneys' fees and expenses which Company may become obligated to pay hereunder,
sustained or incurred by said Insured by reason of:
a. The existence of any of the following matters:
(1) Lack of a right of access from the land to a public street
(2) Taxes or assessments that are not excepted from the coverage of this policy in Part I or Part II of Schedule B.
(3) Unrecorded statutory liens for labor or material arising from a work of improvement on the land completed at date of
policy, except liens arising from a work of improvement for which the Insured has agreed to pay or for which the
Insured at date of policy knows payment has not been made.
b. The enforced removal of said structure or the interference with the use thereof for ordinary residential purposes based up
the existence of.
(1) The encroachment of said structure onto adjoining lands or onto any easement referred to in Part II of Schedule B
onto any unrecorded subsurface easement
(2) The violation of any enforceable covenants, conditions and restrictions
(3) The violation of any zoning ordinance, but this Endorsement does not insure compliance with building codes,
housing codes or other exercise of governmental police power
c- Damage to said structure resulting from the exercise of any right to use the surface of the land for the extraction or
development of minerals.
This Endorsement is made a part of said policy and is subject to the schedule, conditions and stipulations thereof except that
paragraphs 2, 3, 4 and 1A of Part 1 of Schedule B shall not limit or exclude the insurance otherwise provided by this Endorsement
Signed under seal for the Company, but this Endorsement is to be valid only when it bears an authorized countersignature.
STEWART TITLE
GUARANTY COMPANY
'• Nam/ -*- fO:t
«'•.` 19 0 B
Chairman of the Board '-�*'• •' • resident
rfXAS:
Countersig ned.
Authorized Countersignature
Stewart Title of California
San Jose, California E-35123933-1
153-HOMEOWNER
t t
ENDO SEMENT ATTACHED TO AND MADE •RT
No. 35123933 OF MORTGAGEE'S POLICY OF TITLE INSURANCE Charge $0.00
SERIAL NUMBER 1597— 72215 ISSUED BY
STEWART TITLE
GUARANTY COMPANY
HEREIN CALLED THE COMPANY
The Company, recognizing the current effect of inflation on real property valuation and intending to provide additional
monetary protection to the Insured Owner named in said policy, hereby modifies said policy, as follows:
1. Notwithstanding anything contained in said policy and any other Endorsements attached thereto to the contrary,
the amount of insurance provided by said policy, as stated in Schedule A thereof, is subject to cumulative annual
upward adjustments in the manner and to the extent herein specified.
2. "Adjustment Date' is defined, for the purpose of this Endorsement, to 12:01 a.m. on the first January 1 which
occurs more than six months after the date of policy, as shown in Schedule A of the policy to which this Endorsement is
attached, and on each succeeding January 1.
3. An upward adjustment will be made on each of the Adjustment Dates, as defined above, by increasing the maximum amount of
insurance provided by said policy 1 as said amount may have been increased theretofore under the terms of this Endorsement)
by the same percentage, if any, by which the United States Department of Commerce Composite Construction Cost Index (base
period 1967)for the month of September immediately preceding exceeds such Index for the month of September one year earlier;
provided, however, that the maximum amount of insurance in force shall never exceed 150% of the amount of insurance stated
in Schedule A of said policy, less the amount of any claim paid under said policy which, under the terms of the Conditions
and Stipulations, reduces the amount of insurance in force. There shall be no annual adjustment in the amount of insurance
for years in which there is no increase in said Construction Cost Index.
4. In computing loss or damage incurred by the Insured Claimant, the amount of insurance in force shall be deemed to be the
amount in force at the date the Insured Claimant first learned of the defect in title from which the loss or damage
resulted or the date of receipt by the Company of the first notice of claim, whichever first shall occur.
Nothing herein contained shall be construed as extending or changing the effective date of said policy.
This Endorsement is made a part of said policy and is subject to the schedules, conditions and stipulations therein, except
as modified by the provisions hereof.
Signed under seal for the Company, but this Endorsement is to be valid only when it bears an authorized countersignature.
STEWART TITLE
GUARANTY COMPANY
�LOPPOAA
`'• 1eoe . e
hairman o the oar 3~i'•., ••• resi ent
Countersigned/ ✓ ter•-,
Authorized Countersignature
Stewart Title of California
San Jose, California E-35223933-5
Inflation 5537-8
l
OFFICE or OWNTi ASSESSOR - SANTA CLARA COUNTT. CALIFORRIA Ofl*c*t*� 357 15
11i j�j
Ci SUBDIVISION "A"
I _ MONTA VISTA O�r•e�
;—AVENUE
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THIS MAP MAY ER MAY NOT BE A SUM BF M EARD BE, - -- -- - --- - — - --- —�
PfCTED HEREON. IT IS NOT TO BE RELIEB UPON FOR ANY -- - - -
PURPOSE OTHER THAN ORIENTATING ONE'S SELF AS TO THE
GENERAL LOCAT A)N OF THE PARCEL OR PARCELS OF INTEREST.
SIEWART TITLE OF CALIFORNIA ASSUMES NO LIABILITY MR
SUSS OR DAMAGE RESULTING FROM RELIANCE THEREON,
Sanctity of contract
STEWART TITLE
OF CALIFORNIA 2055 Gateway Place
Suite 150
San Jo".California 95110
(408)456.9200
FAX: 456-9020
FAX: 456-9030
January 9 , 1992 FAX: 456-9040
Eric Fang and Cindy Pan
21875 San Fernando Avenue
Cupertino , California 95014
RE : Policy No . : CNJP-1597-72215
Order No . 35123933
Loan No . 5442753
Dear Eric and Cindy :
In regard to the above referenced Order Number , we are pleased to
enclose tie following items :
( XX ) STEWART ORIGINAL CLTA POLICY OF TITLE INSURANCE
We consider it a privilege to have had this opportunity to work with
you on this transaction . We trust that it has been handled to your
satisfaction .
We look forward to dealing with you again in the future , so please
contact us if we can be of any service .
Very tru1 yours ,
STEWART IT OF CALIFORNIA
By—
nj
w
"San Fernando Ave. 92-02"
All that certain property situated in the County of Santa Clara,
State of California, more particularly described as follows:
Portion of section 109 and a portion of San Fernando Avenue as
shown on that certain "Map of Subdivision "A" Monte Vista", which
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 southwest corner of said section 109 ;
Thence from said Point of Beginning North 218. 42 feet along the
easterly boundary line of that certain annexation to City of
Cupertino entitled "San Fernando Ave. 88-07" by Res 7696 to the
northwest corner of section 109;
Thence East 50 . 00 feet;
Thence South 218 . 42 feet;
Thence West 50 . 00 feet along the northerly line of San Fernando
Avenue also being a northerly boundary line of said annexation, to
the Point of Beginning.
Containing: 10, 920 square feet, more or less.
0.25 acres, more or less.
APN: 357-15-044
By: H.B.
ML
STEVENSCREEK 131 VD.
BYRNE AVENUE
GRANADA
120' AVENUE a
HERMOSA a <
a
z ¢ LOMITA AVENUE N
20' SCALE: 1°=60� Z o a
m ALMADEN AVE OLIVE AVE.
SITE
MAPS OF SAN FERNANDO AVE.
Irl
z z I SUBDIVISION
o 00 MONTA VISTA VICINITY MAP
w
P—M-20 NOT TO SCALE
X> Q
uj Lo
Za 0)
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POB I 1%920 sq. Pt.
� — — — NORTH� J .25 acres
218.42
Ln m
' 8 AP N357-15-044
Lo
o� S////� o
218.42'
LEGEND:
EXHIBIT B
= BOUNDARY LINE OF
PROPOSED ANNEXATION PROPOSED ANNEXATION
TO THE CITY OF CUPERTINO
— — = BOUNDARY LINE OF ENTITLED SAN FERNANDO AVE. 92-02
EXISTING ANNEXATION
DATE: JAN. 1992 SCALE: 1" = 60'
BY: H. BACUS I REVISED.
0306
CINDY W. PAN
ERIC D. FANG _ 11-807913210
21875 SAN FERNANDO AVE.
CUPERTINO, CA 95014PAY TO THE
r `L�d
ORDER OF ";V'iy T�y nO' F Sly-r-4' � 4 !'�• I $-G6 o
5 '( 7q -' "� �t Sy1 C/L/V y �9 LIrLARS
GREAT WESTERN BANK
A�
10250 SOUTH DE AN7A BOULEVARD
CUPERTINO.CA 9W4 A
1 -222-g<
MEMO: NA/6<A l P/v
/,F 4
1: 32L0804961: 0306 1" 3L3 80670S ?IP
CINDY W. PAN 0305
ERIC D. FANG �A� — 1 11-607913210
21875 SAN FERNANDO AVE. ( 19 92i
CUPERTINO. C/A 95014
ORDPAY ER OE
[� Af C o $ J b =
�� O __-DOLLARS
GREAT VV14ERN BANK
Ar.e..s..ma..
10250 SOUTH DE ANZA BOU.EVARD
CVPERLINO,G95014 C p
MEMO: i✓NF>>(r1T/OrV
1: 32 LOBO 7961: 030S V3L3 806705711'
City of Cupertino (408)252-4505
10300 Torre Avenue
Cupertino, CA 95014
PETITION
for proceedings pursuant to the
OORTESE-KNOX LOCAL GOVERNMENT REORGANIZATION ACr 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 (cc mnencing with Section 56000,
Cortese-Knox Local Government Reorganization Act of 1985) .
2. The proposed change of organization is designated as:
San Fernando 92-02
and consists of:
X annexation to City of Cupertino
detachment from (name City/District)
oft_ (number of) acres on the N (n/s/e/w)
side of San Fernando (Street/Avenue)
between Byrne (Street/Avenue)
and Oranee (Street/Avenue)
and (if applicable) _ annexation
_ detachment
of the same to/fret
(name City/District(s) )
3. A iretes 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) A uninhabited.
5. This proposal X is consistent with the Sphere of Influence
is not of the affected city and district(s) .
6. The reasons(s) for the proposed annexation (annexation,
detachment, reorganization, etc.) is/are:
To procure City services.
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:
NLA
8. The person(s) signing this petition has/have signed as (check one) :
owner(s) of lard within the affected territory.
registered voter(s) within the affected territory.
9. The undersigned proponent(s) X do own 100% of the territory
do not purposed 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 PEPPPIONERS
(not to exceed three)
Signatures
of Petitioners
(Please print) Assessor's Election
name below Street Address Parcel or Precinct
Date signatqrRL City/State/Zip No.* No.**
X
5k_a FPY palu Air
C ' U' PAS G ��eYT�� '� r.A `),50ly
Phone
.. . (, Cf4 - JI
Phone: ( LV
Phone (_) _-
* - For proposals involving uninhabited territory or for
landowner-initiated proposals.
** - For proposals involving inhabited territory or for resident-voter
initiated proposals.
City of Cupertino (408)252-4505
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: San Fernando 92-02
Annexation )
Detachment ) to/from City of Cupertino
Reorganization) (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 June 4 , 1984 and in compliance with CEQA, has:
(date)
determined that the annexation is categorically exempt from
provisions of CEQA pursuant to Cal.Admm.Code Sec.
(cite class exemption section) .
X completed an Initial Study and Negative Declaration for the
annexation, a copy of which is attached to this application.
completed a Final EIR for the annexation, a copy of which is
attached to this application.
City of Cupertino City Council is to be Lead Agency for the
environmental review of the project and the completed Environmental
Information Form required by Planning staff is attached to this
application. (Planning staff phone: (408) 252-4505.)
Proposal is categorically exempt from provisions of CEQA pursuant to
Cal. Adm. Code Sec. because
C HARAC=STICS OF T[ E AREA
1. Number of acres .25
2. Number of inhabitants 4
3. Number of registered voters 1
4. Number of dwelling units 1
5. a. What is the present use of the area (be brief, but specific) :
Single family .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) :
R'L-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.
Remodeling
S. Do the boundaries of the subject territory conform to lines of
assessment and ownership? YES NO_
IfNO, 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. Lam use and zoning in island, corridor or strip?
e. Describe present and proposed sewer and water services in island:
f. Does the proponent request waiver of restriction against creation
of an island? YES NO
If YES, explain why creation of an island is justified.
SERVICES
10. Is the territory proposed for annexation/detachment/reorganization in
the City or District's urban service area: YES X NO
11. If new development is proposed on the site, will this new development
be permitted without ccnm pity 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/iirprovement:
Cost: $ Jyr. for _ yrs. $_Jyr. for _ yrs.
Supp• Appl. -3-
13. List all cities, special districts, (including school districts) and
County Service Areas located within the area of this proposal.
(Exclude Santa Clara County Water District, San Francisco Bay Area Air
Pollution Control District, County Library Zone, and Water
Importation.) (Refer to County Tax Rate Code Book for this
information) :
Cupertino Elementary School Dist. Cupertino Sanitary Dist,
Fremont High School Dist. Mid Peninsula Open Space Dist.
Foothill Community College Dist.
LANDOWNERS AND REGISTERED VOTERS
14. Please provide the information requested below:
a. owners of land* within the proposed annexatoin/detachment/reor-
ganization who consent to this proposal should show their consent
by signing and printing or typing their names and addresses, with
date, below. (Signatures not required if proposal is initiated
by property-owner petition: put "see petition" below and type or
print names, addresses, etc. ) Assessor's parcel number, assessed
lard (not improvements) valuation, and, if 100$ 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" Cindy Pan 21875 San Fernando 253-7822 357-15-44
Cupertino, CA
Eric Fang
(If additional space required, continue list on separate sheet & attach.)
* "Owner of land means any person shown as the owner of land on the last
Equalized Assessment Roll; where such person is no longer the owner,
then any person entitled to be shown as owner of lard on the next
Assessment Roll; where land is subject to a recorded written agreement
of sale, any person shown therein as purchaser, and any public agency
owning lam." Government Code Section 56048.
Stipp. Appl. -4-
CERTIFICATE OF CITY CLERK (Required for 100% Consent Proposal)
I CEFTIFY that I have checked the number of owners of property located
within the annexation/ proposed by this
application and that the Z (number) signatures above represent all of
the owners of property included in this proposal. I FUMMM C=FY that,
pursuant to Government Code Section 56839, the City will make
determinations on this proposal without notice or ing.
Date: �, ;;2-,;2, /997/ Gam=
City Cierk
(Seal)
City of Cupertino
b. Owners of land within the proposed annexation/detachment/reor-
ganization who do not consent to this proposal should be listed
by name, address, parcel number and assessed lard valuation
below. Signatures and dates are not required. Hearing will be
held for less-than-100%-consent applications.
Street Address Street Address
Name City/State/Zip Name City/State/Zip
(If additional space required, continue list on separate sheet & attach.)
C. FOR NOr-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. )
Stipp. Appl. -5-
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
Commmmity Development's Report and mailed Notice of Hearing (in
addition to the clerk/Administrator of each affected city or
district) :
Street Address
Name City/State/Zip
(1)
(Z)
(3)
16. I hereby certify that all LAFN filing requirements will be met and
that the statements made in this application are to the best of my
knowledge accurate.
Travice Whitten 10300 Torre Avenue
(Print name of person complete- Cupertino CA 95014
ing this application) (Address)
(Signs e) (Date)
NOTE: It is a general LAFCO filing requirement that a copy of this
application be filed with each school district shown on question #13 of
this document if the proposal involves ultimate new residential
development of five acres or more. It is the City's responsibility to
submit this information to the appropriate school district(s) and the
signature above is considered verification that this filing requirement
has been met.
t
4 y
CILy of Cuperlino
NRCA'I•IVI•: DE..CLARATIDN
May 71 , I9B/i
A. pruv idod by fit,. P.hv i rot)uielli a l Asspsruu•n1 Proi•pdnr'e, ndop(pd by file C l l y
Council of the City of Collerl alto lilt Marrh •Jl, 1971, as :unondod , the Ioilowing
desrrihed project was graulod a Negativp Ilpvlaralloll by till. Oily Council of
the City of Copt-rl inn on PLIy 21 , 191i4.
1'ro jrt_l D._e::_r ipl ion and Loral ion
A1.1d ival ino 4-I•;A-B4 Appl Ivanl : Cily 1,1 Coprrl lilt) (0I11 Monla viral , area)
Local It'll: Cpupr:0 ly bounded by Cr: nada Aveoup to lilt-
north, Imperial Avenue to the east ,
1,11.111C.1 Inn Rood I o l he soul It and by t he
w1•sle, ly boundary of the Blackberry
P.0 n1 Co I f Cour!;v It) On. worst .
hiPvl-e_t Jollory Ar_I Inn Rpqup:;l : I'rvzunp and iezon'•
npproximalply 91 avrvs within Iho ()lit Muntn Vir:ta
:u-ea to It1 -li (Rpm I den IInI si"gic-ramiIv) , RI -7.i
(Resldi•ul lal Singll.-f:unlly) , P (Planned Development
A Lh a Rt•4i den Iin1 4.4-12 dwelIing units per gross
arrl.) , P (Planned Ilevelopnu•nl will, a Renideol i.11
4 .4-7.7 dwelling ultils per I••rosr: arre) . P (Platmed
hevelopnn•ul will, Lll:ht Induslrlal and Renidential ) ,
P (Planned Ilpvt•lopmeol will, Alerlrallore/Rucroal lunal ) .
and lit) (I'ul,lic Itoilding) zoning dlslrlrts.
Viudings of Decivionlankinl: Brady
The City Council graltu•d a Negal lve Ih•cl:u'al inn since Iht- project is roltsiniviril
With the Ct•neral Plan and hat-. no signil haul environnx•ntal Imparts.
�O _film fill. -
,I:u1les II. tiisk
Planning Ilirprlor
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.
K—Akeoutv City Clerk
_Initial Study
City of Cupertino
Environmental Assessment procedures
E. A. File Number(s) 4-IiA-84
Application File Numbers) 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 poteneial
impact on the environment.
This worksheetis 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)Zoningi ni Tentative Map Other Q
Use PermitC�] Variance
0 ( onto vista Area generally ounce( y rana a venT ue to the'nor T 'Imperial
Location Avenue to the east, McClellan Road to the sc th and by the westerly boundary of
the .ac erry Farm UOLI course-T-o- e wes - .
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 proirrt Site contains approximately
97 acres.
Rev.7/8/80
-1-
Description of Project (cont 'd. )
Specific Details of the Project
1. Size of Site
2. Intensity of Development
(a) If residential:
(1) Number of units per gross acre
(2) Residential Unit Schedule :
NTMI
ated Total
rice ( NumberUnit type N1
Unit type Q2
Unit type U3
Unit type d4
Unit type 05
(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-
1 Oues^_ions Related to Potential Impact of Pro 'ect
A- Social/Cultural Impacts :
Yes Ptavbe No
(1) Will the proposed project result in the dis-
placement of people?
X
(2) Will the project alter the employment base
of the community?
X
(3) Will the project alter the housing needs
of the community?
X
(4) Does the proposed project affect a historical
or archaelogical site? X (Note l)
B. Physical Impacts: (Page 4)
(1) Will the project result in a change of a natural
body of water, vegetative cover, or land form? X
(2) Will the project result in a change in a scenic
view or vista from existing residential area
or public lands or roads? X
(3) Will the project change the development pattern,
scale or character of general area of project? X
(4) Will the construction and/or operation of the
project result in significant amount of solid
waste, litter, dust, ash, smoke, fumes or
odors in the vicinity? X
(5) Will the project result in a change in stream
or ground water quality or quantity or altera-
tion of existing drainage patterns? X
(6) Will the project substantially change existing
noise or vibration levels in the vicinity? X
(7) Is the project site on filled land or on
slope of 10% or greater? X
(8) Does the project involve the use or disposal
Of potentially hazardous materials such as
toxic substances, flammable or explosive? X
(9) Is the project a phase of an existing or
future larger project or series of projects? X
-3-
a
Descriotion of the Environmental Setting
Provide the following information on a separate attachment :
(1) Describe the project site as it exists before the project,
including information on topography, soil stability, plants
and animals , and any cultural , historical or scenic aspects .
Describe any existing structures on the 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.
(Signature)
For G t-r!;K b< litlQElQ�f1A/o
(1 ) The 'project site is comprised of existing, urban develnpment including a
acre golf course and picnic ground recreation complex. The entire area
has general historic value. A few structures may have greater historical
value as separate entities. The recreation complex is located in the
100-year ovens 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 Industrial Park to the east and by
single-family residential neighborhoods to the south and west .
-4-
Part I I
Information to be completed by City Officials.
A. Primary General Plan Considerations :
Fes 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) Sever system X
(f) Storm system X
(g) Solid waste X
(3) Is the project side outside of the Urban Ser-
vice Area of the City as defined by Santa
Clara County Local Agency Formation Commission? X
B. Social/Cultural Impacts:
(1) 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
-5-
•
1k (S) Will the project result in: Yes Mavbe No
(a) The disturbance of a natural or man—made
feature in the project area which is unique? X
(b) The obstruction of a scenic vista open to
the public?
X
C. Physical Impacts:
(1) Will the proposed project result in the exposure
of people or property to geologic hazards such
as earthquakes, landslides, mudslides, ground
failure or similar hazards? X
(2) Will the proposed project result in:
(a) Unstable earth conditions or changes in
geologic substructures? X
(b) Disruptions, displacements, compaction or
overcovering of the soil? X
(c) Change in topography or ground surface
relief features? X
(d) The destruction, covering or modifica—
tion of any unique geologic or physical
feature?
X
(e) Any increase in wind or water erosion of
soil, either on or off the site? X
(3) Will the proposed project result in:
(a) Substantial air emissions or deterioration
of ambient air quality? X
(b) The creation of objectionable odors? X
(c) Alteration of air movement, moisture
or temperature, or any change is climate,
either locally or regionally? X
(4) Will the proposed project result in:
(a) Changes in absorption rates, drainage
patterns or the rate and amount of surface
water runoff? X
(b) Alterations to the course or flow of
flood waters? X
(c) Discharge into surface waters, or
in any alteration of surface water quality,
including but not limited to temperature,
dissolved oxygen or turbidity? X
—6—
Yes Mavbe No
' (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
(5) Will the proposed project result in:
(a) Change in the diversity of species, or number
of any species of plants (including trees,
shrubs , grass, crops , and aquatic plants? X
(b) Reduction of the numbers of any unique,
rare or endangered species of plants? X
(c) Introduction of new species of plants into
an area, or in a barrier to the normal
replenishment of existing species? X
(d) Reduction in acreage of any agricultural
crop? X
(e) Change in the diversity of species, or
numbers of any species of animals (birds,
land animals including reptiles, fish and
shellfish, benthic organisms or insects)? X
(f) Reduction of the numbers of any unique,
rare or endangered species of animals? X
(g) Introduction of new species of animals
into an area, or result in a barrier to
the migration or movement of animals? X
(h) Deterioration to existing fish or wildlife
habitat? X
(6) Will the proposed project result in:
(a) Increase in existing noise levels? X
(b) Exposure of people to severe noise levels? X
(7) Does the proposed project significantly affect
the potential use extraction or conservation of
a scarce natural resource such as agricultural
land, a mineral deposit, or woodland? _X
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Yes Xavbe No
(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? X
(b) Substantial increase in demand upon existing
sources of energy, or require the development
of new sources of energy? X
(10) Will the cropcsed project 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? X
(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
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• Yes Mavbe No
(c) Does the project have impacts which are
individually limited , but cumulatively con-
siderable? (A project may impact on two or
;pore 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. ) X
(d) Does the project have environmental effects
which will cause substantial adverse
effects on human beings, either directly or
indirectly?
Discussion of Environmental Evaluation
(Note: Use additional sheets if necessary. )
Determination:
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.
n 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.
�! That the proposed project MAY have a significant effect on the environment,
and an ENVIRONMENTAL IMPACT REPORT is required.
Date f Z Z c�
an, Environmental Review Committee
For
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