HomeMy WebLinkAboutRainbow Drive 87-01 Annexation ANNEXATION RAINBOW DRIVE 87-01
1987
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CITY Cupertino
DATE OF FILING 5-7-87
Ordinance or Resolution:
Uninhabited - Rainbow Drive 87-01
(acres or square
1. Area involved in the annexation? W act,-, miles)
2. A. Assessed value (exclusive of all exemptions except the ..imeowner's and busi-
ness inventory exemptions) of annexed area on the count. �:ssessment roll as
of March 1, 1986 (see item 4�elow) .
J 4 ° o
B. It estimated how was the estimate derived?
3. A. Assessed value of state-assessed properties (if known).
B. Is this estimate included in item 2A above?
Yes No
C. If not known, are there any significant state-
,ssessed 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, 1986 rather than
March 1, 1985. Values as of 1985 are acceptable, but some estima-te of the
assessed value changes between the 1985 and 1986 lien dates is needed if there
has been any significant activity in the annexed area between these two dates.
If 1985 data is submitted, please indicate .o by correcting the year in item
2A and provide an estimate of value changes here.
FFMI N TO: Signed
Research and Statistics Division
State Board of Equalization Title
P.O. Box 1799
Sacramento, CA 95808 Date ��
Local Agency Formation ComrAssion
926,1707 County Government Center East Wing
70 West Hedding Sire
FILED FZ;F, ' San Jose Cafiforn(a95110
Z;C F
County of Santa Clara AT REQUrl'- 299-4321 Area Code 408
California .. PAY 7 1131AH '67
P Y
r; rl*6 1-1 k
CERTIFICATE OF COMPLETION
1 , Sally C . Logothetti , the Assistant Executive Officer of the Santa
Clara County Local Agency Yormation Commission, issue this Certificate
of Completion pursuant to Sections 57200 and 57201 of the Governr.ert
c0c,c.
I hereby certify that I have examined the resolution for a change in
organization/3mvx-SxzAxxXstmxx attached hereto and have found this docu-
ment to be in compliance with Section 56626 of the Government Code
authorizing cities within the Countli, of Santa Clara to assume autho.—
it�- over certain changes in government organization.
The name of the City is : Cupertino
The entire City is located in Santa Clara County .
The change of organization completed is an annexation
A map and description of the boundaries of the change of organization
is appended hereto.
The title of this proceeding is : RAINBOW DRIVE 37-11 (uninhabited) .
The change of organization was ordered subject to the following terms
and conditions :
No r:e.
The date of adoption of the City resolution ordering the change of
organization1*X-VVWK)*Ya44Vh is Anril 71, 1097
Dated
�_7��i, AssistarPt Exedlutive Officer
Santa Clara County
Local Agency Formation Commission
Att : City Resolution
Map
Legal Description
An Equal Opportunity Employer
Department of Land Use end Development
®'"-m of the County Surveyor
County Government Center,East Wing
70 West Hedding Street
County of Santa Claw San Jose,CaliforniaN92871
California
February 10, 1987
Dorothy Cornelius, City Clerk
City of Cupertino
P.O. Box 580
Cupertino, CA 95014
The attached map and description of territory proposed to be annexed to
the City of Cupertino entitled RAINBOW DRIVE 87-01 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.
JAMES F. SIRR, County Survey ,
by
Deputy
Attachment
cc: LAFCO Executive Officer (w/attachment)
Lavenia Millar, City Public Works
clerk/corres5
® An Equal Opportunity Employer
Santa Clara County Local Agency Formation Commission Ph. : (408) 299-4321
- County Government Center - 10th Floor, 'Fast Wing
70 West Hedding Street
Sin 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 (commencing with Section 56000, Cortese-Knox
Local Government Reorganization Act of 1985) .
2. The proposed change of organization or reorganization is designated as:
"Rainbow Dr. 87-01"
and consists of :
consolidation of special districts
__.. formation of new special district
incorporation
x annexation to the r.•rg of Qjpp_rtinn
detachment from (name City/District)
of 1.72 (number of) acres on the N (n/s/e/w)
side of Rainbow Dr. (Street/Avenue)
between weymoth Dr. (Street/Avenue)
and Stelling Rd. (Street/Avenue) ;
and (if applicable) annexation
_ detachment
of the same to/from
(name City(ies)/Di,strict(s) )
3 . A metes and bounds description of the exterior boundaries of the terri-
tory( 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) x uninhabited.
S . This proposal x is consistent with the Sphere of Influence of the
is not affected city and/or district(s) .
6. The reasons(s) for the proposed annexation (annexation, detach-
ment, reorganization, etc. ) is/are:
to procure City services for future development
7. It is desired that the proposed change of organization or reorganization
be made subject to the following terms and conditions:
N/A
8 . The person(s) signing this petition has/have signed as (check one) :
X owner (s) of land within the affected teLa. .tory.
_ registered voter (s) within the affected territory.
9 . The undersigned proponent(s) do own 100% of the territory pro-
do not posed for change of organiza-
tion or reorganization.
LAFCO: Petition -2-
10. If the formation of 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: _/O e
11. If an incorporation is included in the proposal, provisions are re-
quested for appointment of :
— City Manager 1V11q
City Clerk and City Treasurer
Wherefore, petitioner(s) requests) 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 threes)
Signatures
of Petitioners
(Please print Assessor ' s Election
name below Street Address Parcel or Precinct
Date si natture. ) City/State/Zia No.* w No. **
/,P67 ,QiP1Al6c J /o - 003
v , `ia/Q R !O!
Pdone- ( -0 ) .jLZ-a.Z2 .
f t zy-bG Z1iPS`�A ,Al AO W 2),,2
Phone: (Y- )
Phone:
* - For proposals involving uninhabited territory or fo.: landowner-
initiated proposals.
** For proposals involving inhabited territory or for resident-voter
initiated proposals .
Rev. 1/1/86
Sania Clara County LAFCO Ph. : (408) 299-4321 - Secly
County Government Center -- 10th Fl . , E. Wing (408) 299-4716 - 2xec .
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 S copies , with any petition or resolution of application to
LAFCO for a change of organization (annexation nr 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: Rainbow Dr. 87-01
Annexation )
Z"ar R1xx )to/ffr3oa the City of Cupertino
1WaBXW¢&kB AJx (City or Spec.District)
ENVIRONMENTAL STATUS OF PROPOSAL
X The City of Cupertino , as Lead Agency for environmental review
(Name of -ity/District)
of the project, has already Pre-zoned
(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
CHARACTERIS':ICS OF THE AREA
1 . Number of acres 1-72 f a�
2 . Number of inhabitants 0
3 . Number of registered voters 0 _
4 . Number of dwelling units ,t
S . a . What is the present use of the area (be brief , but specific) :
single family residence
b. Indicate the parcel numbers of those parcels, if any, which are
under contract with the County under provisions of the Williamson
Act: N/A
c. What steps, if any, have been taken or are proposed to be taken
to release the above parcel(s) from the contract?
N/A
FILING DEADLINE: 5 :00 p.m. on the first Wednesday of the month, for LAFCO
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) :
RI-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 X
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.
single family residential subdivision (7 lots) April 1987
8 . Lo 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 L 1FCO' 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 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 . )
r . 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/ twotames$KftsvvWn$4x%iwrc 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
oai�a .aig acwca aya�.cn� a�itu iat5�vad1 EJldlll.f EG5 1VV �!
If YES, what arrangements will be made to provide sewage disposal?
12 . Will the extension of s-ewerage 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 y
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.
Suonl . Anol. - 2
• t
13 . List all cities, special districts, ( including school districts ; and
County Service Areas located within the area of this proposal . (Ex-
elude Santa Clara County Water District, San Francisco Bay Area Air
Pollution Control District, County Library Zone, and Water Importa-
tion. ) (Refer t-- County Tax Rate Code Book for this information) :
Cupertino Elew,.ntary School Dist. Cupertino Sanitary District
Fremont High School DLs ict.
Foothill Co= ni y Cgligge D;Gt_
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 annexation/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 c-
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-
quired 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
1/20/87 Reinhold V. Besler 21165 Rainbow Dr. 257-0517 362-10-003 $1.83,498.00
Pauline P. Besler Cupertino. CA 95014
"see getitio��"
( If additional space required, continue list on separate sheet & attach. )
* "Owner of land means any person shown as the owner of land on the last
Equalized Assessment Roll ; where such person is no longer the owner,
then any person entitled to be shown as owner of land on the next
Assessment Roll ; where land is subject to a recorded written agree-
ment of sale, any person shown therein as purchaser, and any public
agency owning land . " Government Code Section 56048 .
CERTIFICATE OF CITY/$ice CLERK (Required for 100% Consent Proposal )
I CERTIFY that I have checked the number of owners of property located
within the annexation/Ae8 emz"erDnqARI)eat:i=m proposed by this applica-
tion ano tnat the s -- tnumoer ) signatures above represent ali of the
owners of property included in this proposal . I FURTHER CERTIFY that,
pursuant to Government Code Section 56839, the City/District waives the
requirement for written notice and gives consent for the Commission to
make determinations on this proposal withou 'notice owing.
Date C ,., f
City jo 3ixClark
(Seal)
City/T&R8 of
Suppl . Appl . -3
• 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-100%-consent applications.
Assessed
Street Address Parcel Value of
Name City/State/Zip No . Land
N/A
( 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 Address
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 )
(2)
(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 10430 S. De Anza Blvd,
(Print name of person complet- Cupertino, CA 95014
ing this application) (Address)
. Z- -)/- el
(Sig ature) (Date)
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 1gnature above
is considered verification that this filing requirement: has been met.
Suppl . Appl . - 4
Rainbow Dr. 87-01
(Besler)
A1.1, than situate in the County of Santa Clara, State of
Californi.a, mo:,, described as follows:
Bcglttttln ; �at o ; oInt on the center line of Rainbow Drive, from
which 4% r r;anitr nota„ment standing at a point where the center
line of raid R.%I Iow Drive intersects the center line of Stelling
Road bvarg N 84' 969.87 feet; said point also being at the
inters e('t tall ,,( tGte»v certain annexations to the City of Cupertino
entitls:d. "Svvrii Sprirtg.a 80-17" and the "San Jose-Cupertino
Reorganl ,ratfon" of ,3uly 1 . 1979;
Thence 14 O' �s�' :, °itlil feet along said "San Jose-Cupertino
Retor'gani,r,atlota"
Thence paaraatIvI with 4af.d center line of Rainbow Drive N 89° 24'E,
150 feet olong h ald reorganization;
,rhence ;i`tl",'!w'F'. 00 feet along said reorganization to a point
in the cents-t, lin-! of Rainbow Drive which intersects with said
annexation "St4vetb Springs 80-17";
Thence <tlottg, gaId center- line S89°24'W, 150 feet along said
"Seven Spr ing,� Rtt-1 "' to the point of beginning.
Containing: }: :icr,•�, ntore or less.
APN: 362-10- 1
Jan . 198i
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1 VALLEY TITLE (PNI PAID Y I
PRELIMINARY REPORT
I
—300 South First Street—San Jose,95113 (408) 292.7150 —605 Castro Street—Mountain View,94040(415)968.4427
—2354 Alum Rock Avenue—San Jose,95116 1408)251-8500 Xx 10625 South De Anza Boulevard—Cupertino,95014 (408)253-7630
— 14526 Camden Avenue—San Jose,95124 (408)377-7911 —1930 South Bascom Avenue—Campbell,95008 (408)371-7891
PROPERTY ADDRFSS : ESCROW NO.
21165 Rainbow Drive.
Cupertino , CA C 9032 (DA)
h �
SEP 18 in
l
Dated as of August 25 , 1986 at 7:30 a.m. In the event of cancellation,a minimum charge of$20o.00
will be made.
If the escrow has not closed within 90 days from the date
hereof,cancellation will be effected unless other provisions
are made.
In response to the above referenced application for a policy of title insurance
VALLEY TITLE COMPANY
hereby reports that it is prepared to issue or cause to be issued,as of the date hereof,a Policy or
Policies of Title Insurance describing the land and the estate or interest therein hereinafter set
forth,insuring against loss which may be sustained by reason of any defect, lien or encumbrance
not shown or referred to as an Exception In Schedule B or not excluded from coverage pursuEnt to
the printed Schedules Coic litions and Stipulations of said Policy forms.
i I
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in
the attached list. Copies of the Policy forms should be read. Tney are available from the office
which issued this report.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY
FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND
NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO
THE ISSUANCE OF A POLICY OF TITLE INSURANCE,A BINDER OR COMMITMENT SHOULD BE
REQUESTED.
The form of policy of title insurance contemplated by this report is:
1. California Land Title Association Standard Coverage Policy XX
2. American Land Title Association Owner's Policy Form B
3. American Land Title Association Residential Title Insurance Policy
4. American Land Title Association Loan Policy
V TC -216
C 90?
SCHEDULE A
1. The estate or interest in the land hereinafter described or referred to covered by this Report is:
a fee
2. Title to said estate or interest at the date hereof is vested in:
REINHOLD V. BESLER and PAULINE P. BESLER,
husband and wife, as community property
3. The land referred to in this Report is situated in the State of California, County of Santa Clara,
and is described as follows:
Beginning at a point in the center line of Bubb Road, from which a
granite monument standing at a point where the center line of the said
Bubb Road intersects the center line of the Stelling Road bears N. 890
24 ' E. 969. 87 feet ; thence leaving said center line of Bubb Road and
running N. 0° 26' W. 500 feet ; thence parallel with said center line of
Bubb Road N. 89° 24 ' E, 150 feet; thence S . 0° 26 ' E. 500 feet to a point
in the center line of said Bubb Road; thence along said center line S .
890 24 ' W. 150 feet to the point of beginning and being a portion of the
Southeast 1/4 of Section 23, Township 7 South Range 2 West, M.D.B. & M.
SCHEDULE B
At the date hereof exceptions to coverage in addition to the printed
Exceptions and Exclusions in the policy form designated on the face page
of this Report would be as follows :
1 . Taxes for the fiscal year 1986-1987 a lien, but not yet due or
payable.
a . The lien of supplemental taxes, if any, assessed pursuant
to provisions of Chapter 3. 5 (commencing with Section 75 ) of
the Revenue and Taxation Code of the State of California,
and/or any additional taxes which may be assessed for added
improvements or changes of ownership, subsequent to March 1 ,
1975.
2. Said property has been declared Tax-Defaulted for non-payment of
delinquent taxes for the fiscal year 1984-1985. Supplemental APN
362-10-003-31 .
Amount to redeem by September 30, 1986 for the above stated fiscal
year is $1567. 51.
Amount to redeem by October 31 , 1986 for the above stated fiscal year
is $1584 . 97.
3 . The right of the public to use as a roadway so much of the herein
described premises lying within the bounds of Belknap Drive and Rainbow
Drive .
4 . A Deed of Trust to secure an indebtedness in the amount shown below,
and any other obligations secured thereby
Amount : $140, 000. 00
Dated: October 18, 1983
Trustor : Reinhold V. Besler and Paulne P . Besler ,
husband and wife , as community property
Trustee : Golden State Title Company c,f Santa Clara
County, a California corporation
Beneficiary : Carolyn Conner , an unmarried woman
Recorded : October 21 , 1983
Book 1003, page 8, of Official Records .
END OF SCHEDULE B
(Cont 'd on next page)
C 9 H 3
'd�� 'F l : Taxes for the fiscal ,ear 1985-1986 have keen braid . Receipt
No . 362-10-003 . Code 63-100 . First Installment $1467. 08 . Second
Installment $1467. 08.
NOT; 2 : THE FOLLOWING IS FURNISHED FOR INFORMATION ONLY :
The only conveyances affecting said land recorded within six months
prior to the date of this report are as follows: NONE (no short term)
NOTE 3: Notice is hereby given that Indorsement Number 126 . 1 will F
not be attached to any policy issued pursuant to this Report.
.+ OFFICE JF C. UNT'i ASSES 01i SANiA CLAA-k Cr:;NTY, CALIFO'rC4IA
�' GE
COr•1>CO 1" CO%4'0* /4%Ct *IT» leG SZT
1 OF TWE RQviwuQ AlIDTASAT40% CODE
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3'66
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Initial Study
City of Cupertino
Environmental Assessment Procedures
E. A. File Number(s) 31-EA-81 _
Application File Number(sJ ].8-Z-81
Dare July 13, 1981 _
The California Environmental Quality Act of 1970, as °menacd, requires public
agencies to evaluate public and private projects to determine thei-- 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 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]
Information to Abe completed by the Applicant
Project Type Zoning Tentative Map ! Other
Use PermitjI Variance =
Location Upla-.id Way and Stelling/Rainbow _
Applicant City of Cupertino
Addresd of Applicant 10300 'Torre Avenue Phone 252-4505
General Description of Project Prezoue 30t acres from County A, Al-10, Al-lac and RHS
to City R11S and R1-6
Rev.7/F, 'EO
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 space
(4) Parking required — Parking (proposed
(b) If commercial, industrial, or institutional:
(1) Building Square footage
(2) Percentage of building coverage of site
(3) Estimate of maximum number of employees per shift
(4) Parking required Parking proposed
-2-
Quest.lons Related to Potential Impact of Project
A. Social/Cultural Impacts : Yes Maybe 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? 1�
(3) Will the project alter the housing needs
of the community? 1�
(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?
(2) Will the project result in a change in a scenic
view or vista from existing residential area /
or public lands or roads? 1�
(3) Will the project change the development pattern, /
scale or character of general area of project? {/
(4) Will the construction and/or operation of the
project result in significant amount of solid
waste, litter, dust, ash, smoke, fumes or
odors in the vicinity?
.(5) Will the project result in a change in stream
or ground-water quality or quantity or altera-- , /
tion of existing drainage patterns? l�
(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?
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Description 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, suil 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: 1 hereby certify that the statements furnished
above and in the attached exhibits present the data and infor-
mation required for this initial evaluation to the best of my
ability, and that the facts, statements, and information pre-
sented are true and correct to the best of my knowledge and
belief.
Date C'.
(Signature)
For _�A1M�S LJ !;1$
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.
fub area A 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. lots, single-family developments to the north and east.
-4-
Part I
" rmation to 6e completed 6y City Officials.
A. Primary General Plan Considerations: Yes Abe No
(1) Is the project in violation of the City of
Cupertino's adopted Gaueral Plan?
(2) Will the project burden public utilities and
services?
(a) Fire and police services
(b) Parks and recreation system V
(c) Schools
(d) Water system
(e) Sewer system - V
(f) Storm system
(g) Solid waste 'y
(3) Is the project side outside of the Urban Ser-
vice Area of the City as defined by Santa
Clara County- Local Agency Formation Commission?
B. Social/Cultural Impacts:
(1) Will the proposed project result in the dis-
placement of people?
(2) Will the project alter the employment base
of the community?
(3) Will H-e project alter the housing needs
of the community?
(4) Does the proposed project affect a histori-
cal or archaelogical site?
(5) Will the proposed project eliminate an
existing recreational use at the project site?
(6) Does the proposed Project decrease public
access to any public body of water or recrea-
tional area?
(7) Will the proposed project alter the location,
distribution, density or growth rate of the
human population of an area?
-5-
(8) Will the ,.,roject 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? t�
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 result in:
(a) Unstable earth conditions or changes in
geologic substructures?
(b) Disruptions, displacements, compaction or /
overcovering of the soil? �O
(c) Change in topography or ground surface
relief features?
(d) The destruction, covering or modifica-
tion of any unique geologic or physical
feature?
(e) Any increase in wind or water erosion of
soil., either on or off the site?
. (3) Will the proposed project result in:
(a) Substantial air emissions or deterioration
of ambient air quality?
(b) The creation of objectionable odors?
(c) Alteration of air movement, moisture
or temperature, or any change in climate,
either locally or regionally?
(4) Will the proposed project result in:
(a) Changes in absorption rates, drainage
patterns or the rate and amount of surface ./
water runoff? 1�
(b) Alterations to the course or flow of
flood waters? (/
(c) Discharge into surface waters, or
in any alteration of surface water quality,
including but not limited to temperature,
d:ieyolved oxygen or turbidity?
-6-
1
Yes Maybe No
(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- j
drawals, or through interception of an
aquifer by cuts or excavation?
(f) Substantial reduction in the amount of
water otherwise available for public water
supplies? 1'
(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 plants (including trees,
shrubs, grass, crops, and aquatic plants? {/
(b) Reduction of the numbers of any unique,
rare or endangered species of plants? 1/
(c) Introduction of new species of plants into
an area, or in a barrier to the normal
replenishment of existing species?
(d) Reduction in acreage of any agricultural /
crop? 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)?
(f) Reduction'of the numbers of any unique,
rare or endangered species of animals? _
(g) Introduction of new species of animals
i.nto an area, or result in a barrier to
the migration or movement of animals?
(h) Deterioration to existing fish or wildlife
habitat? 1/
(6) Will the proposed project result in:
(a) Increase in existing noise levels? _
(b) Exposure s : people to severe noise levels?
(7) Does the proposed project significantly affect
the potential use extraction or conservation of
a scarce natural resource such as agricultural
land, a mineral deposit, or woodland?
-7-
Yes �iiaybe 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-
tion syst,:ms?
(d) Alterations to present patterns of circula-
tion or movement of people and/or goods?
(e) Alterations to waterborne, rail or air
traffic?
(f) Increase in traffic hazards to motor vehicles,
bicyclists or pedestrians?
(11) Mandatory Findings of Significance:
(a) Does the project have the potential to degrade
the quality of the environment, substantially
reduce the habitat_ of a fish or wildlife
species, cause a fish or wildlife population
to drop below self-sustaining levels, threaten
to eliminate a plant or animal community,
reduce the number or restrict the range of a
rare or endangered plant or animal or eliminate
important examples of the major periods of
California history or prehistory?
(4) 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 l
period of time, while long-term impacts will (/{
endure into the future.)
-8-
• Yes t-laybe No
(c) Does the project have impacts which are
individually limited, but cumulatively con-
siderable? (A project may impact on two or
more separate resources where the impact on
each resource is relatively small, but where
the effect of the total of those impacts
on the environment is significant. )
(d) Does the project have environmental effects
which will cause substantial adverse /
effects on human beings, either directly or
indirectly?
Discussion of Environmental Evaluation
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.)
Determination:
On the basis of this initial evaluation, the Environmental Review Committee finds:
That the proposed project COULD NOT have a significant effect on the environ-
ment, and therefore recommends the GRANTING OF A NEGATIVE DECLARATION.
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 DECLARi'M ON BE PREPARED.
{ That the proposed project rIAY have a significant effect on the environment,
and an ENVIRONMENTAL MPACT REPORT is required.
Date _ , 1
Chairman, Env ironment+ Re ew Committee
F o r CF
-9-
.� 1 I 1,U1 fit:/.11 Iio
I-11"G •i1VE DFAIARATTON
September 8, l4H.l
As provided by Hie Envlronmental- Assessment Procedure , adopted by the City
Council of the Clty of Cupertino on March 27, 1.973, as amended , the following
described project was granted a Negative Declaration by the (*.it%, Gouncil of
the City of Gopertino.
r
ProjecL 1)escrlpLioil and Location
AliplA cation 31-EA-81 Applicant: : City of Cupertino (Upland Way and SLelliuy;/
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 Drlve and westerly of St.el.ling
Road to the Southern Pacific Ral:lroad right of
way beginning approximately 100 ft. southerly
at Oak Meadow Court.
Discretionar Actlon Re(Lest: Prezone a total of 30±
gross acres as described below:
1. 22 acres from Santa Clara County Al.-:1.0 (Al;ricult-ural
Residential , 10,000 sq . ft. minimum .lot size) zont.;
AL-lac (AgrictALural. Resldentia.l 1 acre minimum lot
size) zone; RIIS (Residential Hillside Slope DenslLy
Formula) zone to City of Cupertino RIIS (Residential.
Hillside Slope Density Formu.la)zone.
2. 1.7 acres from Santa Clara County A (Exclusive
Agricultural) zone to City of Cupertino R1-6
(Residential Single-family, 6,000 sq. ft. minimum lot
size) zone.
3. 6.7 acres from Santa Clara County A (I;xclusi.ve
Agricultural) to City of Cupertino, R1-6 (Residentiai
Single-f.amlly , 6,000 sq . ft. minimum lot size) zone.
Findings of Declsionmaking Body
The City Council granted a Negative Declaration since the project is consistent
with the General Ulan and has no significant environmental impacts .
James it. Sisk
Planning Director
This is to certify that the attached Negative Declaration was filed in the office
of the City Clerk of the City of Cupertino on —CV Date
City Clerk
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