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Manita Court 88-02 Annexation
ANNEXATION MANITA COURT 88-02 1988 t ,.• gL� JU3E�CrUP�RTt O MUNt IPAL KEpRaAm TION" NSA°M'D7"E " 5-co' - POINT OF ��;NNtNCa 1 vi f � y \ 4 so-® o � ► o � Z / cc i z � Q � sEeaooW ayµ ud b NBa 1� 5 SCE •~'�A oo� C SON J05 �tit)P>:KTI L®GA't't�N MAP MUNICIPAL. IZWr-&AtN TION o yGa�.e j 5091051VC 'W 'Is.cn' K,41IN0-0w OiTH LIMITS LINE'*" 362-23-038 WYAW ,JEFFERY L. ET AL 21055' RAINBOW DR -PROPOSPW ANMMV.ATl0W TO TM 01T4 OF OGPORT"40 NA�bti ilTA !�• ���oZ-'° MAWN 13Y by CIVIL ENGINEEPING ASSOCIATES DATE 0-110-911, vIVIL ENGINEERS : PLANNERS : SURVEYORS �it:GICEfl /�.y 4315 LOS SATOS.BLVC.•SUM 201 a LOPS OATOS,CALIFORNIA 9303t)•(40M 3563300 STATE OF CALIFORNIA � STATE BOAR® OF EQUALIZATION WILLIAM M. BENN`:T 1020 N STREET, SACRAMENTO, CALIFORNIA First District. Keofie,d {P,O- BOX 942379, SACRAMENTO, CA 94279- OQI CoNWAY H COLLIS - lephone (916) 739-2 i Second D,Wict,Los Angeles OCTOBER 3 1988 ERNEST ) DRONENBURG, JR. Third District,San Diego PAUL CARPENTER Fourth District_ Los Angeles GRAY DAVIS Controller. Sacramento CIN1)Y RAMBO Executive Secretary CITY OF CUPERTINO 10300 TORRE AVE, CUPERTINO CA 95014 IN REPLY REFER To: Local Tax Unit MANITA COURT 88-02 ANNEX. TO CUPEPTINO (RES. 7508) :,entlemen: 'The filing of the above-noted annexation does not meet the requirement for local tax purposes. Article II, Paragraph J, of our Agreement for State Administration of Local Sales and Use Taxes provides that the city agrees to furnish two maps of the annexed area with appropriate addresses for city sales and use tax purposes. gnnexations are processed by this Department to identify any business in the area so that your city will receive the local sales and use tax collected. Please send two `,2) maps with street addresses inserted or with two lists of all streets with inclusive number. In either case, the streets must be delineated on the mao_ s. If the territory is undeveloped, a statement. to that effect should be placed on the map. The maps should clearly define the existing city limits and the area which has been annexed. If the annexation map does not show adjacent city streets, then a locator map should also be provided. Also, when the city and county are using different block numbering systems for the same area, we should be provided with both. You can send the maps directly to the Local Tax Unit, Department of Business Taxes at the above address. The annexation will be processed for local tax purposes as soon as the maps are received. r� Sincerely, L. D. Micheli ro Supervisor Local Tax Unit F . M. P uccl Area Code Clerk ;SIP: 'r�tt N-L/1461 CITY Cupertino DATE OF FILING Ordinance or Resolution: Uninhabited - Manita Court 88-02 !ffes)� r square 1. Area involved in the annexation? D 5 6 2. A. Assessed value (exclusive of all exemptions except the homeowner's and busi- ness inventory exemptions) of annexed area on the county assessment roll as of Harch= , 1988 (see item 4 below). /� , 9/1 B. If estimated how was the estimate derived? 3. A. Assessed value of state-assessed properties (if known)�� /,4 B. Is this estima« included in item 2A above? Yes No C. If not known, are there any significant state- assessed properties located in the annexed area? Yes No D. If yes, please list the utilities and describe briefly their properties: 4. We would prefer to receive assessed values as of March 1, 1988 rather than March 1, 1987 Values as of 1987 are acceptable, but some estimate of the assessed value changes between the 1987 and 1988 lien dates it needed if there has been any significant activity in the annexed area between these two dates. If 1987 data is submitted, please indicate so by correcting the year in item 2A and provide an estimate of value changes here. RETURN TO: Signed 6 Q Research and Statistics Division State Board of Equalisation Title F.O. Box 942979 G Sacramento, CA 94279-0001 Date E N DUO& County of Santa Clara UIJEO'10k RECORD California --- - Of _ t.oeW Agency Fo^nanon Commission !u Co✓^, C,ovo-nme- Ce^ie, Esa• A—, Jew 29 �� 30 dM '88 1C was' 0400c,nQ Sires", San.lost ce-a-- 4 V.1C 7, At" Cooe 40e OFF 0 'A'. ;c'OPUS SANTA CLARA COUNTY CERTIFICATE OF COMPLETION RECORDER 1 , Sally C . Logothetti , the Assistant Executive Officer of the Santa Clara County Local Agency Formation Commission , issue this Certificatu of Completion pursuant to Sections 57200 and 57201 of the Government I heresy certify that I have examined the resolution for a cbe -ge in organization attached hereto and have found this docu- men.: to be in compliance with Section 56626 of the Government Cote a _` _r: - . . cities wit --.: n the County of Santa Clara to assume auto cr- i ty ' ever certain changes ir government organization . The name of the City is : Cupertino The entire City is located in Santa Clara Count, . Tne change of organization completed is an annexation A maf and description of the bor:odaries of the change of organization Is a; pended hereto . Tne title of this proceeding is : MANITA COURT 88-02 (uninhabited ) . The change of organ.izatiot was ordered subject to the following terms and con-' itions : None. The date of adoption of the City resolution ordering the change of 0rgar.izat10a /0800KRC9000camck= is June 6, 1988 Dated June 29, 1988 LL Assistant Esc cutive Officer Santa Clara County Local Agency Formation Commission A. City Resolution hap Legal Description An Equai Opponumty Employer i)(p4srlt iciii t)t i'i,lm mig.m(l i)c vc'lopment l)IIR t rrf S►1+ 4 (f iJlt� °,tlrtt �trr �' , April t 9� 1988 Dorothy Cornelius. City Clerk City of Cupertino P.O.Box 580 Cupertino. CA 95015 The attached map and description of territory proposed to be annexed to the City of Cupertino entitled MANITA CT. 88-02 is in accordance with Government Code Section 56826. The boundaries of said territory are definite and certain. The proposal is in compliance with the Commission's road annexation policies. ,FAMES F. SIRR, County Surveyor r by . Deputy Attachment cc: LAFCO Executive Officer (w/attachment) Lavenia Millar, Public Works liusu.l III tiulx-rsl.ufti 0 ..w t.'tN),tt'n I1icn11;t5I Ixgi In.R(t(ii)iridol1.!)i;tr)nc,JicKcni1i ('trunk 1,.Itvt kill%t- 1i y !v 5 4• 2' , i SLR JU3E!GU P�RTI MUNI IPAI. RLOMSM41 TION•'•• NM#4j, POINT OF S�IcIaINNINC7 ' w� 1V c� y ' ®. _4, A&. it A��/�7V�••FV o y Q =4 a Z / N Q S 4�RENILL Lt Q CN00oWk161 LN p P!o ir• l • sans J05E/evPE2T1 1.®GAT1..a4 MAP ;, °=^dllaPRICOP�i�. RWRom TION . sue i 'I5 cry' �► ► Ira 00 w Pit. 0114 L I rM 1TS L I NE''" c -FROP OSPW ANOMSYLAT 10.%4 TO TM OITM OF CUP'OWrit4® ATF. " �-�•B6 V �y CIVIL ENGINEERING ASSOCIATES ®ATE SC&LE 1"�'b� CIVIL ENGINEERS : PLANNERS : SURVEYORS �t�A No• -1a.�� 455 LOS 3ATOS.13LVD.•SUITE 201 ®LOS GATOS,CALIFORNIA'@5=•I4M.15&3= I "MANITA' CT. 88-02" (JBK VENTURE) ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT THE NORHTEASTERLY CORNER OF LOT 1 AS SHOWN ON THAT CERTAIN MAP ENTITLED "TRACT NO. 6511 - MANITA PARK" RECORDED IN BOOK 442 OF MAPS AT PAGE 35, SANTA CLARA COUNTY RECORDS AND ALONG THE BOUNDARY OF T;,':►T CERTAIM REORGANIZATION OF THE CITY OF CUPERTINO ENTITLED SAN JOSE/CUPERTINO MUNICIPAL REORGANIZATION EFFECTIVE JULY 1, 1979; i THENCE FROM SAID POINT OF BEGINNING NORTH 89 41'07" EAST ALONG iHt EASTERLY PROLONGATION OF THE NORTHERLY BOUNDARY OF SAID TRACT NO. 6511 AND ALONG SAID SAN JOSE/CUPERTINO MUNICIPAL REORGANIZATION, A DISTANCE OF 75.00 FEET; THENCE LEAVING SAID EASTERLY PROLONGED LINE AND SAID SAN JOSE/CUPERTINO MUNICIPAL REORGANIZATION BOUNDARY, SOUTH 0 01'20" WEST ALONG A LINE PARALLEL WIT14 AND DISTANT THERE01 75.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE EASTERLY BOUNDARY OF SAID TRACT NO. 6511 AND THE EASTERL: RIGHT-OF-WAY LINE OF MANITA COURT, AS SHOWN ON SAID MAP OF TRACT NO. 6511, AND THE BOUNDARY OF SAID SAN JOSS/CUPERTINO MUNICIPAL REORGANIZATION, A DISTANCE OF 324.30 FEET TO THE NORTHERLY BOUNDARY OF THAT CERTAIN ANNEXATION TO THE CITY OF CUPERTINO BY RESOLUTION NO 6728 ENTITLED "RAINBOW DRIVE-85-04% i THENCE SOUTH 89 53'00" WEST ALONG SAID NORTHERLY BOUNDARY OF THE "RAINBOW DRIVE-85-04" ANNEXATION, A DISTANCE OF 75.00 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF SAID MANITA COURT AND THE BOUNDARY OF SAID SAN DOSE/CUPERTINO MUNICIPAL REORGANIZATION; THENCE NORTH 0 01'20" EAST ALONG SAID RIGHT-OF-WAY LINE, AND ALONG THE SOUTHERLY PROLONGATION OF THE EASTERLY BOUNDAN'; OF TRACT NO. 6511, AS SHOWN ON SAID MAP FIRST ABOVEMENTIONED, AND ALONG THE BOUNDARY OF SAID REORGANIZATION, A DISTANCE OF 324.04 FEET TO THE POINT OF BEGINNING; CONTAINING 0.56 ACRE OF LAND MORE OF LESS; APN. 362-23-038 �fl�� dl'�t8-SS Santa Clara County Local Agency Formation Commission Ph . : (408) 299-4321 County Government Center - 10th Floor,. East. Wing 70 West Hedding Street San Jose, CA 95110 PETITION for proceedings pursuant to the CORTESE-KNOX LOCAL GOVERNMENT REORGANIZATION ACT OF 1985 The undersigned hereby petition(s) the Local Agency Formation Commission of Santa Clara County 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 (,:onmene`.ng with Section 56000, Cortese-Knox Local Government Reorganization Act of 1985) . 2 . The proposed change of organization or reorganization is designated as : "MANTT.A CT. 88-02" and consists of : consolidation of special districts formation of new special district incorporation X annexation to The City of Cupertino detachment from (name City/District) of (number of ) acres on the N (n/s/e/w) side of _ Rainbow Dr. (Street/Avenue) between Manita Ct. (Street/Avenue) and Stelling Rd. (Street/Avenue) ; and ( if applicable) _ annexation _ detachment of the same to/from (name City( ies)/District(s ) ) 3 . A metes and bounds description of the exterior boundaries of the terri- tory( ies ) included in the proposal , marked Exhibit A. a:,d a map of said territory( ies) , marked Exhibit B, are attached to this petition and by this reference incorporated herein. 4 . The territory to be organized/reorganized is : _ inhabited . ( " inhabited" = 12 or more registered voters) X uninhabited . 5 . This proposal X _ is consistent with the Sphere of Influence of the is not affected city and/or distr.ict(s) . 6 . The reasons (s ) for the proposed annexation (annexation, detach- ment, reorganization, etc . ) is/tee.: To procure City setyices for future development 7 . It is desired that the proposed change of organization or reorganization he 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 pro- do not posed for change of organi.za-- tion or reorganization. Sil Y. LAFCO: Petition -2- 10 . If. the formation ff new district(s ) is included in the proposal , the principal act(s) under which said district(s ) is/are proposed to be formed is/are : 11 . If an incorporation is included in the proposal . provisions are re- quested for appointment of : City Manager City Clerk and City Treasurer Wherefore , petitioner (s) request(s) that proceedings be taken in accordance with the provisions of Section 56000 et seq . of the Government Code and herewith affix signature (s ) as follows : CHIEF PETITIONERS (not to exceed three) Signatures of Petitioners (Please print Assessor ' s Election naive below Street Address Parcel or Precinct Date sianature —) City/State/Zip No . * No . ** Am !PA Prey P-hone: 2191P My AV 2-Z3 -'� Phone : ( ) - Z m Phone : * - For proposals involving uninhabited territory or for landowr.er- initiated proposals . ** - For proposals involving inhabited territory or for resident-voter initiated proposals . '3 Rev. 1/l/86 Ganta Clara County LAFCO Ph. : (408 ) 299-4321 - Sec 'y County Government Center - 10th F1 . , E. Wing (408 ) 299-4716 - Exec . 70 West Hedding Street , San Jose, CA 95110 Officer SUPPLEMENTAL APPLICATION FOR MUNICIPAL AND/OR DISTRICT CHANGE OF ORGANIZATION OR REORGANIZATION OF TERRITORY This supplemental application must be completed in full and submitted , in original and 5 copies , with any petition or resolution of application to LAFCO for a change of organization (annexation or detachment) or reorgani- zation (multiple annexations and/or detachments) made pursuant to the Cortese-Knox Local Government Reorganization Act of 1985 (Government Code Sec . 56000 et seq . ) PROPOSAL DESIGNATION: "MANITA CT. 88-02" Annexation ) -9e-t�e-n-t ) to/from The City of Cupertino -Reo-rgan za-ti-©n) (City or Spec .District) ENVIRONMENTAL STATUS OF PROPOSAL X The City of Cupertino as Lead Agency for environmental review (Name of City/District) of the project , has already prezoned (prezoned? other approval action?) the territory on Sept. 21, 1981 and in compliance with CEQA, has : (date) _ determined that the annexation is categorically exempt from pro- visions of CEQA pursuant to Cal .Adm.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. LAFCO is to be Lead Agency for the environmental review of the pro- ject and the completed Environmental Information Form required by LAFCO environmental assessment staff is attached to this applica- tion . (Environmental staff phone : (408 ) 299-2521 . ) _ Proposal is categorically exempt from Provisions of CEQA pursuant to Cal . Adm. Code Sec . because CHARACTERISTICS OF THE. AREA 1 . Number of acres 0.56± AC 2 . Number of inhabitants 5 3 . Number of registered voters 3 4 . Number of dwelling units I 5 . a . What is the present use of the area (be brief , but specific) : Residential b . Indicate the parcel numbers of those parcels , if any, which are under contract with the County 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? FILING DEADLINE: 5 : 00 p .m. on the first Wednesday of the mocith, for l.AFCO hearing on the second Wednesday of the following month. 6 . a . For city annexations , what is the prezoning that has been applied by the city to the affected area (Note : Prezoning is a LAFCO fil- ing requirement for city annexations ) : R1-6 b. Does the applicant intend to propose a change in this zoning if and when the territory is annexed to the city? YES NO If YES, indicate the new zoning which will be sought . 7 . For city or district annexations , describe the development being pro- posed for the territory, if any, and when this development is ex- pected to begin. 3-Lot Split 1988 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 LAFCO' s approving the boundary change as proposed : 9 . Do the boundaries of any proposed city annexation create an island, corridor or strip of unincorporated territory? YES NO 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 . ) 1, . Number of inhabitants? C . Assessed value? d . Land use and zoning in island , corridor or strip? e . Describe present and proposed sewer and water services in island : f . Does the proponent request waiver of restriction against creation of an island? YES NO If YES, explain why creation of an island is justified . SERVICES 10 . Is the territory proposed for annexation/detaeh;eTr Ir-eer-gani-zat-i-on 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 4. 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 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 . Senn) . Anol . - 2 13: list all cities, special districts, (including school districts ) and County Service Areas located within the, area of this proposal . (E;!- elude Santa Clara County Water District, San Francisco Bay Area Air Pollution Control District, County Library Zone, and Water Importa- tion. ) (Refer to County Tax Rate Code Book for this information) : Cupertino Union School District Fremont Union High School District _Foothill Community College District For changes in organization of Districts, list all cities within 3 miles of the subject territory: 14 . For city annexations , list those concurrent or future detachments from Special Districts which are proposed for this territory. LANDOWNERS AND REGISTERED VOTERS 15 . Please provide the information requested below: a . Owners of land* within the proposed annexdtion/detachment/reor- ganization who consent to this proposal shov.id 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 in names , addresses, etc . ) Assessor ' s parcel number , assessed land (not improvements) valuation, and , if 100% property-owner consent has been obtained , certification by City/ District Clerk, must be added prior to filing . Hearing not re-- q:sired 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 Jeffery L. Wyatt 2195 Hamilton Ave. 559-1117 362-23-38 $16,917 Campbell, CA 95125 Bruce Bowen _ 2195 Hamilton Ave. 559-1117 io o� Campbell, CA 95125 SEE PETITION Situs: 21055 Rainbow Dr. ( If additional space required , continue list on separate sheet & attach. ) * "Owner, of land means any person shown as the owner of land on the last. Equalized Assessment_ Roll ; where such person is no longer the owner , then any person entitled to be shown as owner of land on the next Assessment Roll ; where land is subject to a recorded written agree- ment of sale , any person shown therein as purchaser, and any public agency owning land . " Government Code Section 56048 . CERTIFICATE OF CITY/-DI-F =Gz 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 applica- tion 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 , ' 'ne City/District waives the requirement for written notice and gives consent for the Commission to make de�erminations on this proposal without notice or hearing . Date _ City/TM stfiet Clerk (Seal) City/DA-StE=et of Suppl . Appl . -3 , w 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 land valuation below. Signatures and dates not required . Hearing will be held for less-than-1.00%-consent applications . Assessed Street Address Parcel Value of Name City/State/Zip No. Land ( If additional space required , continue list on separate sheet & attach. ) C . FOR NOT-100%-CONSENT PROPOSALS, list all registered voters resid- ing in the territory proposed for annexation/detachment/reorgani- zation if different from the landowners shown in 15a . and 15b. above . Street Address Street TJdress Name City/State/Zip Name City/State/Zip _ ( If additional space required , continue list on separate sheet and attach) 16 . Print or type the name and address of officers or persons , not to exceed three in number , who are to receive copies of the Executive Officer ' 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 } ( 3 ) 17 . 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 . Travice Whitten _ 10300 Terre Ave. (Print name of person complet- Cupertino, CA_95014 ing.�t-his application) . (Address) (Signature) ( ate) NOTE : It is a general LAFCO filing requirement that a copy of this appli- cation 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 applicant ' 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 . Appi . - 4 AMERICAN TITLE INSURANCE C0MPANY 505 Race Street, San Jose, California 95126 (408) 298-9800 DIRECT ALL CORRESPONDENCE TO: 950 F. Campbell Avenue Campbell, CA 95008 (408) 371--2300 PRELIMINARY REPORT PROPERTY ADDRESS 21095 Rainbow Drive Ainsley Development Cupertino, CA P.O. Box 7583 San Jose, CA 95150 BUYER: JBK Venture II ESCROW OFFICER: Judi Souza ATTHMON: Jeff Wyatt ESCROW NO.: 39978 In response to the above referenced application for a policy of title insurance, this 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 of 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 in an Exception below or not excluded from coverage pursuant to printed Schedules, Conditions and Stipulations of said Policy forms. the printed Exceptions and Exclusions from the coverage or said Policy or Policies set forth on the reverse side hereof, Copies of the Policy forms should be read. They are available from the office which issued this report. Ttiis report (any supplements or amendments thereto) 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. This report is subject to a minimum cancellation fee of $200.00. Dated as of March 15, 1988, at 7:30 AM Title No.: 8801923/PK Joseph M. Parker, Chief Title Officer Dan D. Barry, Advisory Title Officer Inquiries concerning policy forms and content, types of coverage offered, exceptions to coverage, or other matters relating to this report should be directed to the Chief Title Officer or Advisory Title Officer at (406) 298 9800. Page 2 8801923 The estate or interest in the land hereinafter described or referred to covered this report is: A FEE Title to said estate or interest at the date hereof is vested in. LUNG C'riU and KATE S. CKT, husband and wife, as community property as to Parcel One; JEFFERY L. WYATT, a married man as his sole and separate property, and BRUCE BOWEN, a married man as his sole and separate property as tenants in common, as to Parcel Two. DESCRIPTION All that certain real property situated in the unincorporated area, County of Santa Clara, State of California, described as follows: PARCEL ONE: Beginning at the Southwest corner of Lot 1 ad shown on that certain map entitled "Tract No. 6511 - Manita Park" recorded in Book 442 of Maps, at Page 35, Santa Clara County Records; thence from said point of beginning North 00 01 ' 20" East along the Westerly line of said Lot 1 , a distance of 0.46 feet; thence at right angles, South 890 58' 40" East a distance of 37.25 feet; thence Southeasterly, along a tangent curve to the right having a radius of 38.00 feet, through a central angle of 40° 38' 57" an arc distance of 26.96 feet to the intersection with the Easterly line of said Lot 1 ; thence South 0° 01 ' 20" West along said Easterly line of Lot 1 , a distance of 60.83 feet to a point of cusp; thence Northwesterly from said point of cusp along the Southerly line of said Lot 1 , along a tangent curve to the left, having a radius of 70.00 feet, through a central angle of 83° 26' 1611, an arc distance of 101 .94 feet to the point of beginning. PARCEL TWO: Beginning at a point on the Northerly line of Bubb Road, distant thereon South 890 53' West 175.00 fee'L from the point of intersection of the Northerly line of Bubb Road with the Westerly line of Stelling Road; thence along the Northerly line of Bubb Road, South 890 53' West 75.00 feet; thence leaving Bubb Road and running parallel with the Westerly line of Stelling Road North 335.75 feet to the Southerly line of that certain parcel of land conveyed by Elwood A. Dow et ux, to William Martin, Jr. by deed dated March 31 , 1950 and recorded April 6, 1950 in Book 1957 Official Records, page 267, Santa Clara County Records; thence along the Southerly line of said parcel of land conveyed to William Martin Jr. , North 89° 37' East 75.00 feet; thence parallel with the Westerly line of Stelling Road South 336.13 feet to the point of beginning, and being a portion of the Southeast One-quarter of the Southeast one-quarter of Section 23, Township 7 South, range 2 West, Mount Diablo Base and Meridian. Page 3 8801923 At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: 1 . General and Special County Taxes for the fiscal year 1988-89, a lien not yet due or payable. 2. General and Special County Taxes for the fiscal year 1987-88, Bill/AP No. 362-23-038 Code: 63-008 1st Installment: $396.95 PAID 2nd Installment: $306.95 OPEN Exemption : $7,000.00 Said matter affects Parcel Two. 3. General and Special County Taxes for the fiscal year 1987-88: Bill/AP No. 362-23-038 Code: 13-067 13t T-z,aiiment: $88.20 PAID 2nd Installment: $88.20 OPEN Said matter -affects Parcel One and other property. 4. Lien of Supplemental Taxes, assessed pursuant to the provisions of Chapter 3.5, sections 75 et seq. , Revenue and Taxation Code, if any. 5. An easement for Public Street/Road and appurtenances thereto as granted to County of Santa Clara, recorded August 24, 1962, Book 5697, Official Records, page 325. Affects: As Follows: Beginning at the Southeast corner of that certain parcel of land, conveyed by Roger Centuri and Marian Venturi to Donald Thompson and Daisy C. Thompson by deed, dated August 10, 1959 and recorded August 13, 1959 in Book No. 4512 of Official Records, at Page 494 in the Recorder's Office of the County of Santa Clara, State of California; running thence along the Southerly line of said land South 890 53' West 75.00 feet to the Southwest corner of said land; thence along the Westerly line of said land North 0° 01 ' East 10.00 feet; thence leaving said Westerly line of said land and running parallel with the Southerly line of said land North 89° 53' East 75.00 feet to the Easterly line of said land; thence along the said Easterly line of said land South 0° 01 ' West 10.00 feet to the point of beginning. Said matter affects Parcel Two. e f Page 4 8801923 6. Building Setback Line of Southerly 20 feet, as shown on the map of record. Said matter affects Parcel One. 7. An easement for Public Service and Tree purposes, as shown on the map of record, affecting Southerly 10 feet. Said matter affects Parcel One. 8. DeP3 cf Trust to secure payment of $330,000.00 and any other amounts/obligations secured thereby. Dated: August 14, 1987 Recorded: August 26, 1987 Instrument No. 9408656 Book K271 , Official Records, page 906, Trustor: Lung Chu and Kate S. Chu, husband and wife Trustee: DSL Service Company, a California corporation Beneficiary: Downey Savings and Loan Association, a California corporation Loan No. : 0-2023283-1 Document returned to: P.O. Box 6000 3200 Bristol Street Costa Mesa, California 92626 Said matter affects Parcel One and other property. 9. Deed of Trust to secure payment of $245,000•00 and any other amounts/obligations secured thereby. Dated: January 19, 1988 Recorded: January 29, 1988 Instrument No. 9584997 Book K431 , Official Records, page 2079, Trustor: Jeffery L. Wyatt, a married man as his sole and separate property, and Bruce Bowen, a married man as his sole and separate property Trustee: Superior Title Service, Inc., a California corporation Beneficiary: Union Federal Savings and Loan Association, a corporation Loan No. : 09-76906-8 Document returned to: 17400 South Brookhurst St. Fountain Valley, CA 92708 Said matter affects Parcel Two. 10. Deed of Trust to secure payment of $100,000.00 and any other amounts/obligations secured thereby. Dated: Janury 21 , 1988 Recorded: January 29, 1988 Instrument No. 9584998 Book K431 , Official Records, page 2087, Trustor: Jeff ry L. Wyatt, a L-arried man, as his sole and separate property and pruce Bowen, a married man, as his sole and separate property Trustee: North American Title Company, Inc. , a California corporation Beneficiary: Donald A. Thompson and Daisy C. Thompson, as Trustees of the Thompson Family Trust dated March 1 , 1985. Document returned to: 935 Pine Tree Lane Aptos, CA 95903 Said Deed of Trust is junior and subordinate to the Deed of Trust shown above. Said matter affects Parcel Two. Page 5 8801923 11 . The requirement that a Statement of Partnership for JBK_ Venture II be recorded in Santa Clara County. 12. Such encroachments, existing easements, or other !natter that may be disclosed by an inspection of the property. NOTE: This exception applies only to ALTA Policy coverage. (The standard CLTA Policy excludes such items from coverage as a matter of course.) Depending on the ALTA liability and/or endorsements requested, an inspection of the property may be required. At such time as the inspection is completed the above exception will be revised to set forth such matters in detail, if any are disclosed. If no inspection is required or discloses no excludable matters, we will delete said exception entirely. 13. Requirement that the proposed division of land apparently contemplated conform to the provision of the Subdivision Map Act. Such compliance may be evidenced by any one of the following: (a) Recordation of a Subdivision Map; (b) Recordation of a Parcel Map; (c) Recordation of a Certificate of Compliance; (d) Issuance of a Waiver pursuant to Government Code Section 66428; or (e) Other satisfactory evidence indicating compliance or non—violation. Page 6 8801923 NOTE 1 : The following conveyance was recorded during a period of six months preceding the date of this report: Grantor: Donald A. Thompson and Daisy C. Thompson, as Trustees of the Thompson Family Trust dated March 1 , 1985 Grantee: Jeffery L. Wyatt, a married man as his sole and separate property, and Bruce Bowen, a married man as his sole and separate property as tenants in common Recorded: January 29, 1988, Instrument No. 9584994. Book K431 , Official Records, page 2M5. Said matter affects Parcel Two. NOTE 2: Effective July 1 , 1985, Sections 480.3 and 480.4 of the Revenue and Taxation code of the State of California requires, that a "Preliminary Change of Ownership Report" be attached to each recorded document affecting a change in ownership. In the event a Report is not attached to such documents, or that said Report is incomplete, provisions in said Sections allow for the collection of a $2.0.00 fee ir, lieu thereof. NOTE 3: The County of Santa Clara imposes an additional. Momument Preservation Pee of $10.00 for recording a deed with a legal description other that an entire lot shown on a recorded final map. PK/1 APN: 362-23-038 STR: 80% MD#2011 32888 p. f Ott1Ct Of COUNTS, Afaf S10R - SANTA CLAN& COUNTS. Cat/ONNtA 19 C 2i 2 , 1tUN7ING00N [ -UN. N 2 "$ 1RACT CT Nt Nt 2684 i b! ���'~4.M•4• aj..a i a• i e' ' to t fa i s;� a i •,2 s AT: I ti l =_; v 12 i a ae oa i es NT i oa No u $t as _. Is1 to to rf r g es i l! 1Q .lp i LH lI .� lsf ol--i�'• I s . � � i ► h • i ,• � es OA f f SAUIkHILL TRitT N• ommosl COURT E 25 I 9 to Af AS Asf t ea y 7 •e s � a • � � i � lee a - � Al Auo _�a�. 7t Z t . p 0 � � • o d' *4 � 'Pot .0 rIt Is:( k J S` `�S ! ' ` -2 MANITA 7 CT. 91 20 47 �/ �T ap M as,JL / • � tr I io. is is neither a plat nor a survey. it is a 1°;a$t jt rnished as a convenience to locate the land "' " dlcated hereon with reference to streets and %-RAINBOW • - --•DRIVE—ES TIFF.?IL-NEW h=r +ar4. No liability is assumed by reason -- TRACT N269I1 YANITA PARK 566 /�N"'"'q°'n�'a°'••°° reiianct hereon. American Title Insurance Company a•'�o -" °�� CALIFORNIA LAND TITLE ASSOCIATION s STANDARD COVERAGE POLICY— 1973 SCHEDULE 8 The policy,does not["sure against loss or damage,not against Costs.attorneys fees or expenses,any or ail of which arise by reason Of the following. Part I 1. Taxes Of asset►Vnomis whim are not shown as oxisttng hems by the records Of any moresnor erected On the land,or Orontbdlng a Nparalion in ownership Of a reduction nlhe lazing authority that levies taxes Or assOasfhentS On real pfOprtrty Or by the puDiiC f000rd& dim*natons Or area Of in*lard,of the effeCI Of any voo1860"Of arty Such law,ordinance ar Proceedings by a oubitc agency which may result in fazes or assessments,or notices Of governmental regulation. cuch proceeding&whether of not shown by the records of such agency or by I"DubkC 6. Rants of eminent domain Of goverromentai rants of police power uniesc mot:Ce of the record& exercise of such rights appears in the public records. 2. Any facts,rights,interests or claims vrMch are not shown by ime public recoros but 9 Detects,items.encumbrance&adverse claim&of other matters(at created,suffered, wmtcn Could be ascertained Off an inspect ton Of the land Or by malting mquvy of persons in assumed Or agreed to by the Insured Claimant,(b)not shown by Ile public records and not possession thereof otherwise excluded from coverage but known to the insured claimant either at Date Of 3. Essments,items or encumbrances.or Claims thereof.which are not shown by Inc public Policy or at tme date Such Claimant acquired an estate or interest insured by this policy Of records acquired the insured mortgage and not disclosed in writing by the insured claimant to the a Decrepanctes,conflicts in boundary tine&shortage in area.encroachments,or any Company prior to the date such insured claimant became an insured hereunder,!d other facts which a correct survey would disclose.and which are not"own by the public resulting in no toss or damage to the insured Ctatrhant;(0 StISChing or created subsequent record& to Date of Policy.of(et resulting in loss or damage which would have not been sustained d 5. iaf Unpafented Mooning claims.(b)reservations or exceptions in Datents Or in lcts the insured claimant had been a purchaser Of oneumbraneer for value without knowledge. authorizing the issuance Inerof;let water right&claims Or title to water 10 Any facts rights,interests or ciar ris which are not shown by the public records but which 6. Any right, title, interest, estate Or easement in land beyond the lines of the area Could be aecerta:rtod by making inquiry of the lemom in any lease or leases described or specihcaey described or referred to in Schedule A,or in abutting streets,roads,avenue& referred to in Schedule A. alleys.lanes.ways Of waterways.Out nothing in this DHragfaph small m*c'ty of 1101111 the 11 The effect of any failure to Comply with the term&Covenants and conditions Of any lease extent to ii htcn the ordinary rignt of an abutting owner for access to a physically open or lasses described or referred to in Schedule A. SIr»et of highway sinsured by this policy. 12. Unentorceabdityof"hen athemsuled mongagobecauseoffaduteoftheinsuredal 7. Any law.ordinance or governmental fegulation(ncluding but not limited 10 budding and Date of Policy or of any subsequent owner of the indebtedruesa to comply with apply:able zoning ordinances)restrichngOfregulatingorprohibitingtheoccupancy.useorenpyment 'dung butuiesl{lows of taro State in which the tend a futusled of the ta,id,or regulating the Glsracter dimensions of location of any improvement now or AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY— 1979 EXCLUSIONS in addition to the exceptions in Schedule fi you are not insured against loss,cost&attorneys'fees and expenses resulting from: 1. Governmental police power,and the exelance at violation Of any law or government regulation The includes building and zoning ordinances and also laws andfegu4:tions concerning: land use Improvements on the land land drviaon environmental protection This exclusion does net hlnit the zoning coverage described in Items 12 and 13 of Covered Title Rek& 2. The right to take the tend by condemning it unless a notice of taking appears in the public records on the Policy Date. 3. Title Risks: that are created,allOwed.of agre90 to by you trial are known to you,but not to us,on the Policy Dale—unless they appeared in the public records trial result in no lost to you that brat affect your title after the Policy Date—this does not limit Ine labor and material lie,,coverage in item 9 of Covered Title Risks A. Failure t0 pay value lot your tilt. 5- lack of a right: t0 any land outsid the area specifically described and referred to ei Item 3 Of Schedule A Of in streets,allay&or waterways that touch your land. This exclusion does not hfnit the OCC03S Coverage In Item 5 of Covered Title Risks, AMERICAN LAND TITLE ASSOCIATION LOAN POLICY— 1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17.70) SCHEDULE OF EXCLUSIONS FROM COVERAGE The following mauers ate expressty excluded from file coverage of this pokcr. 1. Any taw,ordinance of govemmentst regulation(including but not limded to building SRO zoning ordinsaces)restricting or regulating or prohibiting the occupancy,use or enjoyment of the fond,or regulating the character,dimension or Location of any improvement now Of hereafter erected on the tang of prohibit"a separation in ownership or e reduction in the dimensions or area of the land or the effect of any viotation of any such law,ordinance or governmental regulation 2. Rights,of eminent domain at governmental rights ot police power uoleaa notice of the exercise of suen rights appears in the public records at Date of Policy. 3. DefectS.Ho ,ancumbrancee,adwrNclaim&orothermattersta)dealt"twiteredassumedasgnadtotyrtheinsuredClaimant;Ib)notknown10tneContpanyandnotshownby the public records but known to the lnsur"claimant either at Date of Policy or at the date such claimant acquired an estate at interest insured by this polity or acquired the insured mortgage and not discoasd in writing by the insured Claunant to the Company 06of to the date such insured claiman:became an insured hereunder,(c)resulting in no loss at damage to the Insured cfaimenC lift afaching or created subsequent to Date of Policy(except to this extent Insurance is afforded herein sat to any Statutory lien for tabor or material or to the extent insurance is afford"heron its to assessments for street improvements under conswuetian of completed at Date at POW, a. Unentort:eabltlty o1 the lion of the insured mortgage because of It-lure o1 the Insured at Date of Policy of of any subsequent owner of the Indabl"nosq to comply w;lh applicable 'doing business'taws of Inc state in which the la"to aduats4 AMERICAN LAND TITLE ASSOCIOION OWNER'S POLICY FORM 8-1970 (AMENDED 1 D-17.70) • SCHEDULE OF EXCLUSIONS FROM COVERAGE 1, Any law,Ordinates or governments!regulationtincluding but not limited to budding and zoning ordinances!restricting or regulating or prohibiting the occupancy.use or enloyrnent d the land,or regulating the character,dimensions or location of any improvement now or hereafter orec fed on the land,or promoting a separation in ownership or a reduction it "dimensions Of area of the land Or the effect of any vioutwn of any such law,ordinance or governmental regulation. 2. Rignis of orl"n6nt domain or governmental rights of police power unless notice of the exerese of such rights appears in the public records at Date of Policy. a Detects.lierm oneurnbrances,adverse clairna,at other matters(a)create(L suffordA assumed of*9 00 10 by the insured claimant;I ta Met known to the Company and not Shown by the public reCOrda but known to the insured claimant odmor at Oat*of Policy Or of Inc date Such Clairmont sOquwed an estate or interest by this pokey and not disclosed in writing by Me insured claimant io tin Company proof Io the date such insured claimant became an inured hereunder,(a resulting in no toss or damage to in*insured claimant;(d)attaching a created subsequent to Date of Potv-y,(s)resulting m mall or damage which would not nave been eustaned it the insured claimant had paid value for the estate or interest insured by,the oolloy NE"GATlvE Dr:c ',ARATMt N September S. l98L As provided by Che Environmentril. AssessmenC Procedure , adopted by the City Council of the City of Cupertino cr. tM,1rrh 27, 1973. ;s ;3mended, the following described project was granted a Negative Declaration by the Citv Council of the City of Cupertino. Project Description and Location , Application 31.-i:A-81 Appli.cant: City of Cupertino (Upland Way and Stelling/ Rainbow) location: 22 acres - Upland Way southwesterly of Bubb Road and Rainbow Drive . 1..7 acres - North side of Rainbow Drive approxi- mately 200 ft. westerly at the Southern Pacific Railroad right of way. 6.7 acres - Westerly of Stelling Road north and south of Rainbow Drive and westerly of Stelling Road to the Southern Pacific Railroad right of way beginning approximately 100 ft. southerly at Oak Meadow Court. Discretionary Action Re<uest: Pr.ezone a total of 30± gross acres as described below: 1. 22 acres from Santa Clara County A1.-10 (Agricultural Residential, 10,000 sq. ft. minimum 'ot size) zone; Al-lac (Agricultural Residential 1 acre minimum lot size) zone; RI1S (Residential. Hillside Slope Density Formula) zone to City of Cupertino R.l1S (Residential Hillside Slope Density Fcrmu.la)zone. 2. _1.7 acres from Santa Clara County A (J_="elusive Agricultural.) zone to City of Cupertino R:1--6 (Resident_-1 Single-family, 6,000 sq. ft. minimum lot size) zone. 3. 6.7 acres from Santa Clara County A (Exclusive Agricultural) to C.it:y of: Cupertino, R1-G (Residential Single-family, 6,000 sq. ft . minimum lot size) zone. Finsings of Decisionmaking Body The City Council granted a Negative Declaration stric.e the project is consistent with the General. Plan and has no signlfi.cant environmental impacts. _u James li. Sisk Planning Director t i - fy the attached Negative Declaration was filed in the office This is to certi that of the City Clerk of the City of Cupertino on a I city.--._- Clerk Initial Study City of Cupertino Environmental Assessment Procedures E. A. File Number(s) 31-EA-81 Application File Number(s) 18-Z-81 Date July 13, 1981 The Califor .ia Environmental Quality Act of 1970, as amended, requires public agencies to evaluate public and private projects to determine their potential impact on the environment. This worksheet is intended to provide guidance for both you, the applicant, and City officials in assessing a proposed project to determine whether it may or may not have a significant impact on the environment. If, b.ased 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 'jy 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 Zoning ' Tentative Map ;_ Other Use Permit i i Variance l� Location Upland Way and SteilingZRainbow Applicant Citv of Cupertino Address of Applicant 10300 Torre Avenue Phone 252-4505 General Description of Project Prezone 30t acres from County A, Al-10, Al-lac and RHS to City RHS and R1--6 Rev.7/S '80 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: Owner- No. of Size Estimated Total Rental ship Bedrooms Sq. ft. Sales Price (Number Unit type #1 Unit type #2 Unit type #3 Unit type #4 Unit type #5 TOTAL (3) Percentage in area of building coverage Percentage in area of recreational open (4) Parking required Parking proposed (b) If commercial, industrial., or institutional: (1) Building Square footage (2) Percentage of building coverage of site (3) Estimate of maximum number of employees per shift (4) Parking required Parking proposed -2- Questions Related to Potential Impact of Project A. Social/Cultural Impacts : Yes 'iavbe No (1) Will the proposed project result in the dis- placement of people? _ V (2) Will the project alter the employment base of the community? (3) Will the project alter the housing needs of the community? (4) Does the proposed project affect a historical or archaelogical site? B. Physical Impacts: (1) Will the project result in a change of a natural / body of water, vegetative cover, or land form? 1/ (2) Will the project result in a change in a scenic view or vista from existing residential area or public lands or roads? (3) Will the project change the development pattern, scale or character of general area of project? `_ Y i (4) Will the construction and/or operation of the project result in significant amount of solid waste, litter, dust, ash, smoke, fumes or odors in the vicinity? (5) Will the project result in a change in stream or ground-water quality or quantity or altera- tion of existing drainage patterns? (6) Will the project substantially change existing noise or vibration levels in the vicinity? (7) Is the project site on .filled land or on / slope of 10% or greater? (8) Does the project involve the use or disposal of potentially .hazardous materials such as toxic substances, flammable or explosive? (9) Is the project a phase of an existing or / future larger project or series of projects? -3- Description of the Environmental Settin Provide the following information on a separate attachment: (1) Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of structures. A plot plan may be required for the description. (2) Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commer- cial, etc.) , intensity of land use (one-family, apartment houses, shops, department stores, etc. ) , and scale of devel- opment (height, frontage, set-back, rear yard, etc. ) . CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and infor- mation required for, this initial evaluation to the best of my ability, and that the facts, statements, and information pre- sented are true anti correct to the best of my knowledge and belief. Date �k Ct� _ (Signature) �,,- For �fsmts H 5_6> The prezoning actions were filled to comply with State statutes requiring zoning districts to be in compliance with the General Plan. Sub area A is a low intensity fully developed County subdivision. The topography varies from steep sloping ground in the south to relatively flat lots in the north. Sub area B consists of a number of small vacant or semi developed properties located on level terrain. The properties which comprise sub area B are bordered by 6,000 sq. ft. Jots, single-family developments to the north and east. -4- Part I I Information to be completed by City Officials. A. Primary General Plan Considerations: Yes Maybe No (1) Is the project in violation of the City of / Cupertino°s adopted General Plan? b� (2) Will the project burden public utilities and services? (a) Fire and police services (b) Parks and recreation system L (c) Schools (d) Water system (e) Sewer system V (f) Storm system V (g) Solid waste (3) Is the project side outside of the Urban Ser- vice Area of the City as defined by Santa / Clara County- Local Agency Formation Commission? V B. Social/Cultural Impacts: (1) Will the proposed project result in the dis- placement of people? (2) Will the project alter the employment base of the community? (3) Will the project alter the housing needs of the community? (4) Does the proposed project affect a histori- cal or archaelogical site? (5) Will the proposed project eliminate an existing recreational use at the project site? V (6) Does the proposed project decrease public access to any public body of water or recrea- tional area? Y (7) Will the proposed project alter t),e location, distribution, density or growth rate of the human population of an area? -5- (8) Will the project result in: Yes Maybe No (a) The disturbance of a natural or man-made feature in the project area which is unique? (b) The obstruction of a scenic vista open to . / the public? b�' 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? 1/ (2) Will the proposed project _esult in: (a) Unstable earth conditions or changes in geologic substructures? (b) Disruptions, displacements, compaction or overcovering of the soil? _ {/ (c) Change in topography or ground surface relief features? 1/ (d) The destruction, covering or modifica- tion of any unique geologic or physical feature? (e) Any increase in wind or water eros4on of f soil, either on or off the site? • (3) Will the proposed project result in: (a) Substantial air emissions or deterioration J of ambient air quality? (/ (b) The creation of objectionable odors? (c) A.lteraticn of air movement, moisture or temperature, or any change in climate, either locally or regionally? (4) Will the proposed project result in: (a) Changes in absorption rates, drainage patterns or the rate and amount of surface v water runoff? (b) Alterations to the course or flow of flood waters'? V (c) Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? -6- Yes 'lacre `;o (d) Alteration of the direction or rate of flow of ground water? (e) Change in the quantity of ground waters, either through direct additions or with- drawals, or through interception of an aquifer by cuts or excavation? (f) Substantial reduction in the amount of water otherwise available for public :eater ,f supplies? _ Y (g) Exposure of people or property to water- related hazards such as flooding or tidal wave. (5) Will the proposed project result in: (a) Change in the diversity of species, or number of any species of planes (including trees, shrubs , grass, crops, and aquatic plants? (b) Reduction of the numbers of any unique, rare or endangered species of plants? (c) Introduction of new species of plants into an area, or in a barrier to the normal y' replenishment of existing species? (d) Reduction in acreage of any agricultural / crop? y/ (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)? Y _ (f) Reduction'of the numbers of any unique, rare or endangered species of animals? (g) Introduction of new species of animals into an area, or result in a barrier to ✓ the migration or movement of animals? (h) Deterioration to existing fish or wildlife habitat? ✓ _ (6) Will the proposed project result in: (a) Increase in existing noise levels? (b) Exposure of people to severe no ' - levels? (7) Does the proposed project significantly affect the potential use extraction or conservation of / a scarce natural resource such as agricultural land, a mineral deposit, or woodland? IIY�� Yes '•Iavbe 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? (b) Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? (10) Will the proposed project result in: (a) Generation of substantial additional vehicular movement? (b) Effects on existing parking facilities, or demand for new parking? (c) Substantial impact upon existing transporta- t-on systems? (d) Alterat-ions to present patterns of circula- tion or movement of people and/or goods? (e, Alterations to waterborne, rail or air traffic? (f) Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? Y (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 restricr the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? (b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (a short- term impact on the environment is one which occurs in a relatively brief, definitive J period of time, while long-term impacts will endure into the futi+.re.) -8- Yes IMavbe 'do (c) Does the project have impacts :,=hich are individually limited, but cumulatively con- siderable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant. ) (d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or (,/J indirectly? Discussion of Environmental Evaluation 5(d) Approximately 2.28 acres of Area "B" is under agricultural production (fruit orchard) . The proposed R1-6 zoning for Area "B" properties and the RHS zoning for Area "A" properties is consistent with the General Plan. The development impact associated with future development of vacant properties in. Area B were addressed in the General Plan and will be addressed in greater detail if and when a specific development proposal is submitted for review. (Note: Use additional sheets if necessary.) Detennination: On the basis of this initial evaluation, the Environmental Review Committee finds: �{ That the proposed project COULD NOT have a significant effect on the environ- ment-, a_nd therefore recommends the GRANTING OF A NEGATIVE DECLARATION. I 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 !_ VA_t't6""'L' Chairman, Environment 1 Re View Committee F o r -9-