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Hsu, Dolores Ave 02-04 Annexation
APN 357-14-015 ANNEXATION-HSU,DOLORES AVE. 02-04 150 RESOLUTION 03-075 2093 LAFCO CONFORMED COPY: `this document has not been eorpa.ed♦%ith the original. LWW Agency Formdon Contatnsion of Santa Clara Courtly SANTA CLARA COil v"t'Y CLERK-RECORDER Doc#: 1699618i 4/28/2003 2:31 PM CERTIFICATE OF COMPLETION I,Neelima Palacherla,Executive Officer of the Santa Clara County Local Agency Formation Commission,issue this Certificate of Completion pur-.uant to Government Code Sections 57200 and 57201. I hereby certify that I have examined Resolution No.03-075 for a reorganization attached hereon and have found this document to be in compliance with government Code Section 56757 authorizing cities within the County of Santa Clara to assume authority over certain changes in government organization. The name of the City is: Cupertino. The entire City is located in Santa Clara County. The change of organization completed is a REORGANIZATION which includes annexation to the City of Cupertino and detachment(s)from the following: Santa Clara County Lighting Service Area A map and description of the boundaries of the change of organization is appended hereto. The tide of this proceeding is:Dolores Avenue 02 04 (Uninhabited) The City has complied with all conditions imposed by the Commission for inclusion of the territory in the City s Urban Service Area. The date of adoption of the City Resolution ordering the reorganization is 4/21/2003. I declare under the penalty of perjury in the State of California that the foregoing is true and correct. Dated:— Nedlima Palacherla,Executive Officer LAFCO of Santa Clara County e 70 West Hedding Street• I I th Floor, East Ong•San Jose,CA 95110•(4081 299-5 1 27 • (40 8 1295-1613 Fax•www.sarnacfara.tafco.ca.goy °tQt1tS1U�SSIONI RS:Starica'Atvarado.Don Gage;Suzanne Jackson Linda te2cue,-Susan Viicklund Wilson EXECUTIVE OFFICER.Neeflma Palacherla Resolution No. 03.075 Page 2 a. That said territory is uninhabited and comprises approximately 0.21 acre. b. That the annexation is consistent with the orderly annexation of territory with the City`s urban service area and is consistent with the City policy of annexing when providing City services. C. The City Council has completed an initial study and has found that the annexation ;L.paid territory has no significant impact on the environment, and previously approved the granting of a Negative Declaration. d. Tht City Council on May 21, -1984, enacted an ordinance prezoning the subject territory to City of Cupertino Pre R l-7.5 zone. C. Annexation to the City of Cupertino will affect no charges in special districts. E That the territory is withk the city urban service area as adopted by the Local Agency Formation Commission. g. That the annexation is made subject to no terns and conditions. h. That the County Surveyor has determined the boundaries of the proposed annexation to be definite and certain, and in compliance with the Commission's road annexation policies. The City shall reimburse the County for actual costs incurred by the County Surveyor in malting this determination. i. That the proposed;annexation does not create islands or areas in which it would be difficult to provide municipal services. j. That the proposed annexation does not split line of assessment of ownership. k. That the proposed annexation is consistent with the City's General Plan. 1. That the City has complied with all conditions imposei by the commission for inclusion of the territory in the City°s urban servica area. in. That the territory to be annexed is contiguous to existing City limits under provisions of the 0overnment Code. 3. That said annexation is hereby ordered without election pursuant to Section 56537 et seq.of the-Government,Code. 2 RESOLUTION NO. 03-075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAILING DETERMINATIONS AND APPROVING THE ANNEXATION OF TERRITORY DESIGNAfED"DOLORF:AVENUE 02-04",PROPERTY LOCATED ON THE SOUTH SID&%P ifULORES AVENUE BETWEEN BYRl#lE AVENUE AND ORANGE AVENUE;APPROXIMATELY 0.21 ACRE,HSU (APN 357-14-015) WHEREAS, a petition for the annexation .of certain territory to the City of Cupertino in the County of Santa Clara consisting of 0.21± acre on the south side of r Dolores Avenue (APN 357-14-015)has been filed by property owners Allen and Cindy t Hsu;and r WHEREAS,on April 7, 2003, the City Council adopted Resolution No. 03-063 initiating proceedings for annexation of the area designated"Dolorns Avenue 02-04';and WHEREAS, said territory is uninhabited and all owners of land included in the proposal consent to ibis annexation;and WHEREAS, Section 56757 of the California Government Code states that the Lacal Agency Formation Commission shall not have any authority to review an annexation to any City in Santa Clara County of unincorporated territory which is within the urban service area of the city.of the. annexation if initiated by resolution of the legislative body and therefore the City Council of the City of Cupertino is now the conducting authority for said annexation;and WHEREAS, Government Code Section 56837 provides that if a petition for annexation is signed by all over ers of land within the affected territory the City Coun.,l may approve or disapprove the fanexation without public hearing;and WHEREAS,evidence w;Ls.presented to the City Council; NOW, THEREFORE, BE 1T RESOLVED by the City Council of the City of i, Cupertino as follows: That it is the conducting authority pursuant to Section 56757 of the Government Code for the annexation of property designated "Dolores Avenue 02-04", more particularly described in Exhibit"A"; 2. That the following findings are made by the City Council of the City of Cupertino: { wr, Resolution No.03-075 Page 3 4. That the Clerk of the City Council of the City of Cupertino is directed to give notice of said annexation as prescribed by law. RE IT FURTHER RESOLVED that upon completion of these reorganization proceedings the territory annexed will be detached from the Santa Clara County Lighting Seavice District. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21 st day of April 2003,by the following vote: Vote Members of the City Council AYES: Chang,James,Kwok,Sandoval z NOES: None ABSENT: Lowenthal ABSTAIN: None ATTEST: APPROVED: /s Kimberly Smith lsl Mchael Chang Ciiy Clerk Mayor,City of Cupertino THIS r9 To CERMY THAT THE ] rrmt4 INSTRUMENT ISATi'+ili6��►i eORRECTCt1PY r° OF THE t7Rt©IIVAt. CI ! N THIS OFFICE. aTTES --LM 3 CITY CLERK'OF THE" CUPERTINO } U Y. CITY CLF'?K 'a k 3 f y i6 EXIIII$IT A =` ANNEXATION TO THE CITY OF CUPERTINO DOLORES AVENUE 02-04 OCI'OBER 2002 REVISION :JANUARY,2003 All that certain real property situate in the County of Santa Clara,State of Califortia,more particularly described as follow: A portion of Lot 155 and a portion of Lot 156 as shown upon the Map of Subdivision"A" Monta Vista,which Map was filed for record in the office of the Recorder of the County of Santa Clara,State of California,on April 1 lth, 1917 in Book"P"of Maps,Page 20,and more particularly described as follow: Beginning at the point of the Southeast wrner of Lot 155 as shown on said subdivision; Thence from said point of beginning Noi:h 80.82 ft along the Easterly boundary bf said Lot 1.55, also the Westerly boundary of that certain annexation to the City of Cupertino entitled"Dolores Aversue 88-13"to a point on the Southerly`sideline of Dolores Avenue(variable width right of way). Thence West 70.15 feet along the Southerly sideline of Dolores Avenue and the boundary of certain annexation to the City of Cupertino entitled Byrne Avenue 88-11 Thence along a tangent curve to the left having a radius of 20 feet,with a central angle of 90°00' 00",for an arc length 31.42 feet to a point an the Easterly sideline of Byrne Avenue(variable width right of way)and the boundary of the certain annexation to the City of Cupertino entitled Byrne Avenue 88-11 ". Thence South 79.94 feet along the Easterly side line of Byrne Avenue to the boundary of the certain annexation to the City of Cupertino entitled"Byrne Avenue 85-01". Thence East 90.15 feet along the said boundary of the certain annexation to the City of Cupertino entitled"Byrne Avenue 85-01 "to the Easterly boundary of the portion of Lot 156; Thence North 19.12 feet along the Easterly boundary of the portion of Lot 156 to the Point of Beginning. Containing: 8924 square feet,more or less 0.21 acres,more or less A.P.N. : 357- 14 -015 1�s 25538 bat c/Vtl► A�. 1ZA3o/0-T— h`OF ` ►" �/�,fob N N i EXISTING it.4NEXATION a ,30�30,� BYRNE A�Z 88-11 W z w SUE z O iI a I m ALCAZAR AVE so o so +00 200 z ' — — — — DOLORES AVE ( _ _ DOLORES AVE. Mc CLELLAN RD. 70.15 cv Ln 1 inch = 100 ft. ' R=20.00 NZ, a=90_031.42 Cj � //, �o VICINITY MAP I0/ 1 :o S ' II + Nj z I P.O.B. NO TO SCALE APN 357-14—015 / � — — 8924 SQ.FT. IL PTN LOT 156 0.21 ACRES — 19.12 EXISTING ANNEXATION I 130 EAST 90.15 I� DOLORES AVE. 88-13 IIII & RESOLUTION NO. 8066 EXISTING ANNEXATION �I BYRNE AVE. 85-01 * DIMENSION ARE IN FEET AND & RESOLUTION NO. 6604 2 12.. 0--- — -- —� DECIMALS OF A FOOT. EXHIBIT B ��cp�eA-Haa'�FyG LEGEND F PROPOSED ANNEXATION ,• TO THE CITY OF CUPERTINO BOUNDARY LINE OF 25538 ENTITLED DOLORES AVE. 02-04 PROPOSED ANNEXATION BOUNDARY LINE OF � �iv1� �a 1�� DATE: OCT. 2002 SCALE: 1"=100' EXISTING ANNEXATION �°00F140 y ' �' os. s /z%3 BY: J.C. REVISED: JAN, 2003 — — — — — — EXISTING CITY LIMITS JAMES C. CHEN. C.E., S.E. P.O-BOX 20302 SAN JOSS CA 95160 0 City Hall 10300 Torre Avenue Cupertino,CA 95014-3255 Telephone:(408)777-3223 FAX �.f08)777-3366 CUPEINP%TI INO OMCE OF THE CITY CLERK r ., May 1,2003 r y' To all interested agencies: �S Re: Annexatien for"Dolores Avenue 02-W' -21926 Dolores Avenue The Certificate of Completion for"Dolores Avenue 02-W' was recorded on April r 28, 2003. I am enclosing a copy of Resolution 03-075, as well as a copy of the Certificate of Completion. sincerely, aW Grace Johnson Deputy City Clerk r PwWO t RWOW Paper County of Santa Clam Office of the County Assessor County Gavarnment Center,East vwng m Floor PUBLIC WORKS 70 Wnt ftsdding Sftad O C T 3 San Jos%CA MIO-1771 FAX E408D 298 Lawrence F-Stone,Asaemor Rerjort 2f t Armor .�.....�..�.,..0....4.�........ r Designation IDOL.ORES AWAU E 02-04 Typo: Awau o;pe/D+stac*me tat/ftorgawize>tfon®Specfa/Dfs&ct City or Distrift CUPERTINO - Review of Proposal' Aotage and Location;. 021 ACRES+I-ON DOLORES&MU_E_ Asor"s Pars�l hers: �5T-�45 k�. w Conformity to Lines of Assessrna it: X, ,Boundaries of pMPoeed change conform to Imes of assessment or ownership. sourkladespf 91i"sed change fail to conform to lines of assessment or owners�nod on the attached map. 130Undariee 0f the following district(s)are split as noted on the attached map. Special l3lstricts within proposed annexation,-detachmant or territory proposed to be reorganised are: TitA.00-079 i P91 CUPERTINO UNION EUM SCHOOL 113R FREMONT UNIw, UGH SCHOOL 11901 FOOTHIU.COW COUEGE Ell 8AYAM JM.7.21,?A M.41.4k4d.49.6n JVR QUALITY MOW. 1254 MD*EHINSULA REGIONAL Jr(41.4%"OPEN SPACE Pauline ColemanM CUPERTINO SANITARY s P131 CO LIGHTM COUNTY SERVILE Mapper•9 M SAHMA CLAM VAUEY COUNTY VIIATER 408- 09-55= M SWA CURE,VALLEEYY ZONE 101-1 CMNTY WATER Date: ipf2l Ofl2 M AWA CWaA COUNTY MORMATION wATER.MSC. (37110ENTRM FIRE PROTMON Fees for this re t attached. tn6I SAMA CtARA VAUEY-ZONE>E W-4 COUNTY WATER t3771AREA NO.01.LUMA1RY SENEFFrASSESSMENT COUNTY SERVICE M AREA NM 01(USRARY SERVICES)COUNTY SMRCE Tct8!0/sMcts tads 7FZA;to A" ANNEXATION TO THE CITY OF CUPERTINO DOLOR AVENUE 02-04 OCTODER 2002 All that cawn real property situate in the Cody of Santa Clara,State of Caiif=oia,more particularly desaftied as follow: All of Lot 155 and a portion of Lod 156 as shoeorn upon the 144 of Subdivision"A"Monte Vista,-which Map was.fled for record•in the office of the Recorder of the County of Santa Clara, State of Caiilhsnia,on April 1 lth,1917 in Book'?"of Maps.Page 20,ash more particularly described as fellow: Beginaisig at the point of the Southeast comer of Lot 155 as:shown on said subdivision; -M.%uoa imam said point of beghmiag North 85.82 ft along the Bascerly boundary of said Lot 155, { Y, also.the Westerly boundary of that certain annexadon to the City of Cupw ino entided"Dolores Avenue 88-13"to a poiffi our the So T-ly sa"delirte of Dolores Avemrc(50 feet wide). „ • 'Thence West 70.15 feet along the Northerly boundary,of said Lot 155,dw the Southerly sideline of Dolores Avenue and the bqundwy of the entak aruatation to the City of Cup iao entided "Byrne Aven=gS-11," f enee aloes a agent mve to the left having a radius-of 20 feet,with a central angle of 900 00' Otte';for an ere length 31.42 feet to a point on the.Westerly boundary of Lot 155,also Easterly sideline of Syme Avenue(50 feet wide)and the boundary of the certain annexation to the City of Cupertino entitled"Byms Aver 88 'Thence South 7994 to �aslesdty bsr �rfthe po,-cian of Lot 156,also the boundary of ft certain annexation to the ei of entitled"B Avenue 55=01". ry ty` o� Y " Thence East 90.15 feet along the said boundary ofthe certain annexation to.the City of Cupertino entitled"Byme Avenue g5-0 111 w 0ne° 'iy boundary of the portion of 156; Thence North 14:12 feet along the Easterly boundary of the portion of Lot 156 to the Point of Beginning. fr. Containing: S924 feet,move or less Vie' 0.21 acres,MOWL Orlon w e �uah-taa�4 tj�'f e at' A.P.N.: 357 14-015 �� 25536 i yy, � EXISTING ANNEXATION 30, Q -BYRNE AVE. 88-11 a Z _ zIx z o m ALCAW AVE MM W �- _ DOLORES AVE SCALE: 1"=100' ®� - DOLORES AVE. N - Mc CLELLAN RD. R=20.00' �- 70 95�! A-90*00'00" 1=31.42' i.W �i O 1 In ri VICINITY MAP APN 357-14-015 NO TO SCALE 13924 SQ.FT. Aft 0.21 ACRES ( EABT 90.15'�1 _14-12' _-- EXISTING ANNEXATION DOLORES AVE. 88-;3 EXISTING ANNEXATION BYRNE AVE. 85-01 �I 0 30r-= -- J � o°°��°o �� EXHIBIT B m "e PROPOSED ANNEXATION LEGEND TO THE CITY OF CUPER71NO 2ss3e BOUNDARY LINE OF ENTITLED DOLORES AVE. 02-04 ,� PROPOSED ANNEXATIO BOUNDARY LINE OF ` ' � e og ©ATE: OCT. 2002 SCALE: 1"=100' EXISTING ANNEXATION OFF t4�teifa2 BY: 'J.C. . -REVISED: - — -- :p- — - EXIST1Nt3 -CITY LIMITS � JAMES'C. CHEN. C.E.. S.E. _ P.O:BOX 20302 5-AN affiS9, CA 95160 P 9=4WAAR.EV.1(24)0) STATE of ClLLMMA STAT MENT OF BOUNDARY CHANGE BOARD OF EQUALIZATION >=etsEo�Y Plane rrreNb the Board ofEgyaf bon. Tex Area SWvfces Seotkar.450 N 8l &A W059, P.O.Box 042879,SasramMM.Caftmis 94279.0059. B.O.E.Fde No.: Santa Clara Cosrmy# 3 1 Awww 0.2 4 Fee:$ 300 Res.lOrd.No.: 2e Cit of Ca ertino LAFCo.Res.: Shot Fam Des0tagm Dolores Avenue Elfaatdve Date: 1 5 9 2 9 Type of 01 Annexaa*m to disteict 06 ca aafidation of TWS 10 ft""Wopmem aae9sm: 8 02 Anrexatiale to Etft Dabwh red team 6 9 i Name ds one �` 04 Dissol dbn of dam: 12 niaation 05 ConsoUdatlan of®strict Fwmx1 onVAbW 13 School dbbid e 91TI2r=KAM2 OSTWn KAME a , Santa Clara County Lighting Servico t ~^^ s� District Aff*cWss tnhabfted iier to sad llNimiberofArms. one i g ttn Rabftad undevebw A Theansab*d WW be taxed farexis"bowled bufabletims w=aaomf abogsows as set forth by the terms and 8 ccnditbn as.stated in thssaniot jftL . vvm not be saved fm 6gg ,bw ded mampom S ar awwagwai owwwom 3L FJictlorc An efedon Ong 60bn was he N on X This action is gmW frdm e t Endosedan I Fees 8 WNW and 8 desai 8 I Asseng pamel nwnbe!(sj of affacmd jarftry ROM r"u1nd &d the tlm,►of � 8 Resafution of owiductft Counly suddofs to W of TRA sw4r ment !!lam CaMfimir of CompWon( aitly) (consofidaw ooww"only) 7 any _ ti+le afaimfti 8 maps(2 Gem bounow 8 Af lebeNoat tisE of eN Irsaftwifift e w affected q=to i;wk de a evuli ±siraat.nutnbers ��, Eatlmatad oo Is: at Req&dmd: Atowding to*action 54M Of th*C10V nnwd Code.copies d!.iris documods must be film with the countyauditoeand cowdy"sessar. Baard of Equarnaflon will acknowledge rewig offlft to: aAM Ruth Marston Teets eMc� Deputy Clerk of the Baerd Aosxcn . Santa Clara Count 0 LTRE@P amb 70 W. Redding Street, lr zwom San Jose 95110 �, TFsNa. sAxe�. f rAD . ttr� rUth.mars ton@bosc*-s tars+J.ar ca us �� RiaiNATiSt$QR 1JFFiCEit e9ATE Nw- county of Santa clara Environmental Resources Agency Building InspectionnAnd Development Engineering and Surveying county Government Center,East Wing 70 west Hedding Strut.7th Floor San Jose.California 9st to Bldg.lnspei.(408)299—M Land Devei.299-5730 FAX 2796537 www.sccbuilding.org March 19,2003 Kim Smith, City Clerk City of Cupertino 10300 Torre Avenue Cupertino;CA 95014-3255- The attached revised snap and description dated February 20,2003 of territory proposed for annexation to the City of Cupertino entitledjdQS AVEUUE W&J is in accordance with Government Code Section 56757(c) (2). The boundaries of said territory are definite and certain. The proposal is in compliance with the Local Agency Formation Commission's road annexation policies. Martin D. Marcott County Surveyor Attachment cc: LAFCO Executive Director(w/attachment) Nancy Lee Board of Supervl5ors:Donald P.Gage.Blanca Alvarado.Pete McHugh.James T.Beali.Jr.Llz Kniss County Executive:Richard Wittenberg sore f " EXHIBIT A " ANNEXATION TO THE CITY OF CUPERTINO DOLORES AVENUE 02-04 OCTOBER 2002 REVISION :JANUARY,2003 All that certain real property situate in the County of Santa Clara,State of California,more particularly described as follow: A portion of Lot 155 and a portion of Lot 156 as shown upon the Map of Subdivision"A" Monta Vista,which Map was filed for record in the office of the Recorder of the County of Santa Clara,State of California,on April 1 Ith, 1917 in Book"P"of Maps,Page 20,and more particularly described as follow: Beginning at the point of the Southeast corner of Lot 155 as shown on said subdivision; Thence from said point of beginning North 80.82 ft along the Easterly boundary of said Lot 155, also the Westerly boundary of that ce gain annexation to the City of Cupertino entitled"Dolores Avenue 88-13"to a point on the Southerly sideline of Dolores Avenue(variable width right of way> Thence West 70.15 feet along the Southerly sideline of Dolores Avenue and the boundary of the certain annexation to the City of Cupertino entitled "Byrne Avenue 88-11 Thence along a tangent curve to the left having a radius of 20 feet,with a central angle of 900 00, 00",for an arc length 31.42 feet to a point on the Easterly sideline of Byrne Avenue(variable width right of way)and the boundary of the certain annexation to the City of Cupertino entitled Byre Avenue 88-11". Thence South 79.94 feet along the Easterly%de line of Byrne Avenue to the boundary of the certain annexation to the City of Cupertino entitled"Byrne Avenue 85-01". Thence East 90.15 feet along the said boundary of the certain annexation to the City of Cupertino entitled"Byrne Avenue 85-01 "to the Easterly boundary of the portion of Lot 156; Thence North 19.12 feet along the Easterly boundary of the portion of Lot 156 to the Point of Beginning. Containing: 8924 square feet,more or less 0.21 acres,more or less @� 0 4 A.P.N. : 357- 14-015 "o ~ 25538 cIV14 fy. N N EXISTING ANNEXATION ,30-.,L30,k- BYRNE AVE. 88-11 i ( W Q U' I z W ALCAZAR AVE (� ' t so o so too 2I z W I !.— CDDOLORES AVE _ _ O DOLORES AVE. _ m> Ln o Mc CLELLAN RD. 1 iuch - 1(i�i f>~ 70.15 cv �n R=20.00 n `� EST d=90'00'00" /elL=31.42 o�0 VICINITY MAP N z ! P.O.B. NO TO SCALE APN 357-14-013 8924 $Q.FT. TN LOT 156 0.21 ACRES — —' 19.12 EXISTING ANNEXATION 130 EAST 9 0.15 �) DOLORES AVE. 88-13 -'�EXISTING ANNEXATION & RESOLUTION NO. 808f, - �' BYRNE AVE. 85-01 _ * DIMENSION ARE IN FEET AND & RESOLUTION NO. 6604 --� 2 2 (� DECIMALS OF A FGOT. I I �I �eA o EXHIBIT B HtG' ��% PROPOSED ANNEXATION LEGEND .•� `� TO THE CITY OF CUPERTINO BOUNDARY LINE OF 25538 ENTITLED DOLORES AVE. 02-04 PROPOSED ANNEXATION --=� Cam,. BOUNDARY LINE OF J},r �w��. ���' i���as DATE: OCT. 2002 SCALE: 1"=100' EXISTING ANNEXATION i1F tS� z 3 BY: J.C. REVISED: JAN, 2003 - -- — — -- - EXISTING CITY LIMITS JAMES C. CHEN. C.E., S.E. P.O.BOX 20302 SAN JOSE CA 95160 RESOLUTION NO.03-063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SETTING DATE FOR CONSIDERATION OF ANNMAATION OF AREA DESIGNATED"DOLORES AVENUE 02-04',PROPERTY LOCATED ON THE SOUTH SIDE OF DOLORES AVENUE BETWEEN BYRNE AVENUE AND ORANGE AVENUE;APPROXIMATELY 0.21 ACRE,HSU (APN 357-14-015) VVIIEREAS, the City Council of the City of Cupertino has received a request for annexation of territory designated"Dolores Avenue MAN" fium property owners, Allen and Cindy Hsu,and WHEREAS, the property, 0.21± acre on the south side of Dolores Avenue between Byrne Avenue and Orange Avenue(APN 357-14-015) is contiguous to the City of Cupertino and is within its urban service area;and tVMMEAS,annexation would provide for use of City services;and V4 MMEA.S, this territory is uninhabited and was prezoned on May 21, 1984, to City of Cupertino Pre RI-7.5 zone;and WHEREAS, the City of Cupertino,, as Lead Agency for environmental review completed an initial shady and granted a NcV-4ve Declaration for annexation;and WHMREAS, the County Surveyor of Santa Clara county has found the map and description (Exhibits "A" and "B") to be in,accordance with Government Code Section 56826, the boundaries to be definite and certain, and the proposal to be in compliance with LAFCO's road annexation policies;and V41EREAS, the fee set by the County of Santa Clara to cover staff cost for above certification has been paid;and WHEREAS, as provided in Government Code Section 56826 the City Council of the City of Cupertino shall be conducting authority for a reorganization including an annexation to the City;and WHEREAS, Government Code Section 56837 provides that if a petition for annexation is signed by all owners of land within the affected territory the City Council may approve or disapprove the annexation without public hearing; Resolution No. 03-063 Page 2 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby initiates annexation proceedings and will consider annexation of the territory designated "Dolores Avenue 02-W' and detachment from the Santa Clara County Lighting Service District at their regular meeting of April 21,2003. PASSED AND ADJPTED at a regular meeting of the City Council of the City of Cupertino this 71h day of April 2003,by the following vote: Vote Members of the CgV Council APES: Chang,James,Kwok,Sandoval,Lowenthal NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: Ist Kimberly Smith Isl Michael Chang City Clerk Mayor.City of t'upertino 2 GG E3CM—IT A GG ANNEXATION TO THE CITY OF CUPERTINO DOLORES AVENUE 02-04 OCTOBER 2002 REVISION : JANUARY,2003 All that certain real property situate in the County of Santa Clara,State of California,more particularly described as follow: A portion of Lot 155 and a portion of Lot 156 as shown upon the Map of Subdivision"A" Monta Vista,which Map was filed for record in the office of the Recorder of the County of Santa Clara,State of California,on April I Ith, 1917 in Book"P"of Maps,Page 20,and more particularly described as follow: Beginning at the point of the Southeast corner of Lot 155 as shown on said subdivision; Thence from said point of beginning North 80.82 ft along the Easterly boundary of said Lot 155, also the Westerly boundary of that certain annexation to the City of Cupertino entitled"Dolores Avenue 88-13"to a point on the Southerly sideline of Dolores Avenue(variable width right of way). Thence West 70.15 feet along the Southerly sideline of Dolores Avenue and the boundary of the certain annexation to the City of Cupertino entitled "Byrne Avenue 88-11 Thence along a tangent curve to the left having a radius of 20 feet,with a central angle of 90°00' 00",for an arc length 31.42 feet to a point on the Easterly sideline of Byrne Avenue(variable width right of way)and the boundary of the certain annexation to the City of Cupertino entitled "Byrne Avenue 88-11 Thence South 79.94 feet along the Easterly side'line of Byrne Avenue to the boundary of the certain annexation to the City of Cupertino entitled"Byrne Avenue 85-0 1". Thence East 90.15 feet along the said boundary of the certain annexation to the City of Cupertino entitled"Byrne Avenue 85-01 "to the Easterly boundary of the portion of Lot 156; Thence North 19.12 feet along the Easterly boundary of the portion of Lot 156 to the Point of Beginning. Containing: 8924 square feet,more or less 0.21 acres,more or less A.P.N. : 357- 14-015 25538 Quo /�/�3 r f N N EXISTING ANNEXATION 30 L 30 BYRNE AVE. 88-11 Q W w Sul I Z O QI m ALCAZAR AVE I ' — — — — _ DOI ORES AVE 50 0 50 100 200 I ( _ _ _ N DOLORES AVE. Mc CLELLAN RD. ®6 70.15 N o ' 1 inch = 100 M M R=20.00Tj gul04 �90•00'00" ' � l0VICINITY 1!!'.�AP L=31.42 ! rn �,ioT155''0 00 ' �� 0 z � P.O.B. NO TO SCALE APN 357-14-015 II -- - j> � — . 8924 SQ.FT. M W 1- 0.21 ACRES '— — 19.12 EXISTING ANNEXATION I 30 EAST 90.15 DDOLORES AVE. 88-13 & RESOLUTION N0. 8086 EXISTING ANNEXATION BYRNE AVE. 85-01 * DIMENSION ARE IN FEET AND & RESOLUTION NO. 6604 �I l 2' 6-- — DECIMALS OF A FOOT. EXHIBIT B �owleb.Ng �, c PROPOSED ANNEXATION LEGEND w �•� '� � TO THE CITY OF CUPERTINO BOUNDARY LINE OF 25538 ' ENTITLED DOLORES AVE. 02-04 PROPOSED ANNEXATION C`✓` BOUNDARY LINE OF L'IV1% DATE: OCT. 2002 SCALE: 1"=100' - � 'l,P �►�' •l�1�oS EXI:iT1NG ANNEXATION OF z/i a BY: J.C. REVISED: JAN. 2003 - — — — --- - EXISTING CITY LIMITS JAMES C. CHEN. C.E.. S.E. P.O.BOX 20302 SAN JOSE, CA 95160 County of Santa Clara GoU Environmental Resources Agency Building irtspectional and Development Engineering and Surveying County Gmvettuttent Center,East%vlttg 70 west Hctrtg Street.7th Floor San.hose,calttomla 9si t o � Bldg•lnspec.140M 299S700 Land Devel.299-s73o FAX MaM7 www socbuttd".otg December 2,2002 Grace Johnson,Deputy City Cleric City of cupewm 10300 Torre A`:ti:nue Cupertino,CA %M4-3255 The proposed annexation entitled IQLORE5 AVE. M:M is not in accordance with Government Code Sectitnr 56757. The boundaries are not definite and certain m the following respects: g EXEIIBITS,A and E • The dimensions of the parcels of land called "Sections" on the "Map of Subdivision "A" Manta Vista" run to and along the c eitter lines of the streets(surrounding this amkeuatiy)'therefore, calls to the "northerly"and"westerly"boundaries of"Lot 15V and"Lot 156n ate inaccurate: • It appears that the original 4W road width has been expanded several tulles,sometimes in 5 foot increments and sometimes in 10 foot kicrersteAts. Verify the R/W widths. • Chi the dianensions of this annexation with annexations Byrne Ave. 8"1.and Dolores Ave. W13 Plear?show he date of revision on any subsequent map and description and return&We(3)_Copfes of each (signed and seaW)to me when you resubmit this annexation proposal. If you have any'gttesti-ons please call me at(408)299-5739. Very Indy yours, G;tt4Y Engineering Technician Ill Eatclosures cc: Nancy:Lee James C.Cites► s `Y _ ` k „ ° 3 +. .R ':�x � � � e �p n F ,yt9 s a'i; •S iT.. 'J,�:R I .S-'�l '`}' Board of Super,-sacs:Donald F Gage,SlarKv Alvarado.Pete hWHuo.James T.Bull.jr..UZ truss c otmty Exeotrtt%w:Richard Mtenbetg. Gi EDIT A 66 ANNEXATION TO THE CITY OF CUPERTINO DOLORES AVENUE 02-0 t OCTOBER 2002 DAT6— of All that certain real property situate in the County of Santa Clara,State of California,more particularly described as follow: Man�-ea. A P"�"-h of Lot 155 and a portion of Lot 156 as shown upon the Map of Subdivision"A"Monti vista,which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California,on April 11 th, 1917 in Book"P"of Maps,Page 20,and more particularly described as follow: Beginning at the point of the Southeast corner of Lot 155 as shown on said subdivision; fir Thence from said point of beginning No 85.82 along the Easterly boundary of said Lot 155, also the Westerly boundary of that certain annexation to the City*of Cupertino entitled"Dolores Avenue 88-13"to:a point on the Southerly sideline of Dolores Avenue(-Se feetwide!(yn r i en Thence West 70.15 feet along the Southerly sideline of Dolores Avenue,an3 the boundary of the certain annexation to the City of Cupertino entitled "Byrne Avenue thence along a tangent curve to the left having a radius of 20 feet,with a central angle of 90°00' 00",for an arc length 32.42 feet to a int on the Easterly sideline of Byrne Avenue(3S feet wi j ,and the boundary of the certain anne 3 ation to the Ci� of Cupertino entitled"Byrne Avenue 88-1 I". - !�' �'- w i& S, Clt6i�A`�l `{�CLG' i_1'{ ` i' �Iy':k, Q"T !!•t i i v, Av'tvloe' tV Thence South 79.94 feet ` the boundary of the certain annexation to the City of Cupertino entitled Byrne Avenue 85-01". Thence East 90.15 feet along the said boundary of the certain annexation to the City of Cupertino entitled"Byrne Avenue 85-01 "to the,1asterly boundary of the portion of Lot 156; 11tl 2 Thence North 4.feet along the Easterly boundary of the portion of Lot 156 to the Point of Beginning. Containing: 8924 square feet,more or less Q�4FfSSln,�ft 0.21 acres,more or,less L� 9cpueb-Ha„o �6b ( o A.P.N. : 357- 14 015' 25538 !.V - N EXISTING ANNEXATION Q 30'�20' BYRNF_ AVE. 88-11 W Q Q m - ALCA2AR AVE I Q� L- - DOLORES AVE 2 SCALE: 1"=100' I _ ra _ _�DOL ES AVE. —�_ N c Mc CLELLAN RD. jA 70.15' N R=20.00 • n t�-90_311.42' 1 ^ ��' s I P.O.B. VICINITY MAP APN 357-14-015 NO 8924 SQ.FT. TN -- 0.21 ACRES I EAST 90.15' EXISTING ANNEXATION DOLORES AVE. 88-13 EXISTING ANNEXATION I BYRNE AVE. 85-01 .01 30 �— -- EXHIBIT B F°� o PROPOSED ANNEXATION LEGEND W 25538 TO THE CITY OF CUPERTINO BOUNDARY LINE OF _ �' �'�? ENTITLED DOLORES AVE. 02-04 PROPOSED ANNEXATION- � '" BOUNDARY LINE OF 9T QFy, ®40R� GcF.►��`ct DATE: OCT, 2002 SCALE: 1"=100' EXISTING ANNEXATION - (d�(oloZ. 8Y: J.C. RV11SE .,.'.� — — — — -- — EXISTING CITY LIMITS JAMES C. CHEN, C.E., S.E. P.O.BOX 20302 SAN JOSS CA 95160 City of Cupertino (408)777-3249 10300 Torre Avenue Cupertino,CA 95014 PETITION for proceedings pursuant to the CORTESE-KNOX LOCAL GOVERNMENT REORGANIZATION ACT OF 1985 The undersigned hereby petition(s) the City Council of the City of Cupertino for approval of a proposed change of organization or reorganizations,and stipulate(s)as follows: 1. This proposal is made pursuant to Part 3, Division 3, Title 5 of the California Government Code (commencing with Section 56000, Cortese-Knox Local Government Reorganization Act of 1985). 2. The proposed change of organization is designated as: DOLORES AVENUE 02-04 Situs Address:21926 Dolores Avenue and consists of X annexation to CITY OF CUPERTINO detachment from (name City/District) of 0.21 acres on the south(n/sfe/w) side of Dolores Avenue(Street/Avenue) between Byrne Avenue (Street/Avenue) and Orange Avenue(Street/Avenue) and(if applicable) annexation detachment of the same to/from (name City/District(s)) 3. A metes and bounds description of the exterior boundaries of the territory(ies) included in the proposal,marked Exhibit A,and a map of the said territory(ies),marked Exhibit B. are attached to this petition and by this reference incorporated herein. 4. Territory to be organized/reorganized is: inhabited. ("inhabited"= 12 or more registered voters) X uninhabited. 5. This proposal X is consistent with the Sphere.of Iniluence is not of the affected city and district(s). Cupertino: Annexation Petition,page 2 6. The reason(s)for the proposed annexation (annexation,detachment, reorganizatior°,etc.)is/are 7. It is desired that the proposed change of organization or reorganization be made subject to the following terms and conditions: 8. The person(s)signing this petition has/have signed as(check one): X owner(s)of land within the affected territory. registered voter(s)within the affected territory. 9. The undersigned proponent(s) X do own 100%of the territory do not proposed for change of organization or reorganization. Wherefore,petitioner(s)request(s)that proceedings be taken in accordance with the provisions of Section 56000 et seq.of the Government Code and herewith affix signature(s)as follows: CHIEF PETI ONERS (not to exceed three) Signatures of Petitioners (Please print_ Street Address Assessor's Election name below) City/State/Zip Parcel No.* or Precinct No.** ZZ360 soma paulq hVe. Av, 1<. HSL4 Cv'FOW,n° C4. Ps-®ey- 35 2-1441,,F 4SU sa 3s7, ,-ors (Sign ere) Date: 10—/S Phone: ( 9?3 62 r (Sign Dat /O 1 y"a va a Phone: ( ) -� * For proposals involving uninhabited territory or for landowner-initiated proposals. ** For proposals involving inhabited territory or for resident-voter initiated proposals City of Cupertino (408)777-3354 10300 Torte Avenge Cupertino,CA 95014 SUPPLEWNTAL APPLICATION FOR MUNICIPAL AND/OR DISTRICT CHANGE OF ORGANIZATION OR REORGANIZATION OF TERRITORY This supplemental application must be completed in full and submitted with any petition to the City for a change of organization(annexation or detachment)or reorganization(multiple mumations and/or detachments)made pursuant to the Cortese-Knox Local Government Reorganization Act of 1925(Government Code Sect. 56000 et seq.) PROPOSAL DESIf sNATION: DOI UR_n A�:II(2-04 Annexation. '- to CP!`X RF QJPERTJW0 (City or Spec.District) MM QNAWE TAL STATUS OF PROPOSAL r1 CITY OF MERTINO,as Lead Agency for:environmental review of the project, (Name of City/District) rye:. has already oreaoned the territory on Mae 21,,,1984 (prezoned?other approval actionl) (fie) and in compliance with CEQA,has: determined that the annexation is categorically exempt from provisions of CEQA. pursuant to Cal.Adm. Code Sec. (cite,class exemption section.) X completed an Initial Study and Negative Declaration for the annexation,a copy of which is attached to this application. completed a Final EIP.for the annexation,a copy of which is attached to this application. y City of Cupertino amity Council is to be Lead Agency for the environmental review of the project and the completed Environmental Informations Form requited by Plamfing staff is attached to this application. (Planning staff phone:_ (408)777-3308). Proposal is categorically exempt form provisions of CEQA pursuant to Cal.Adm. Code Sec. because Suppl.Appl. -I t;; CHARACTERIS"ICS OF IE AREA L Number of acres 0.21 2. Number of inhabitants 4 3. Number of registered voters 2 4. Number of dwelling units 1 5. a. What is the present use of the area(be brief,but specific):Single Family Residence b. Indicate the parcel numbers of those parcels,if any,which are under contract under provisions of the Williamson Act: 1Wi 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 6. a. For city annexations what is the prexoning do has been applied by the city to the affected area(None: Prezoning is a ding requirement for city annexations):Pre R1-7.5 b. Does the applicant intend to propose a change in this zoning if and when the territory is annexed to the City? YES NO X s If yes,indicate the new zoning which will be sought? 7. For City or district annexations,describe the development � ty being proposed.for the territory,if any,and when this development is expected to begim Build a new Single Family Dwelling, Development to begin upon annexatio0. 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 7or approving the boundary change as proposed: ' . Suppl. Appl. -2- 9. Do the boundaries of any proposed city annexation create an island,corridor or strip of unincorporated territory'? YES NO X K YES,answer the following questions: a. Number of acres in the island,corridor or ship? (If more than one island is being created,indicate the acreage of each island.) x b. Number of inhabitants? c. Assessed value? d. Land use and zoning in islar J,corridor or strip? e. Deo_ribe present and proposed sewer and der services in island: f. Does the proponent request waiver of restriction against creation of an island? s` YES NO If YES,explain why creation of an island is justified? � SERVICES t lk 10. Is the territory proposed for annexationtdetachmenttreorgmization in the City or District's urban sarvice area: YES NO 11 If nevi,development is proposed on the site,wall tins:nevi deuelagnorent be TU TICttect v�itliout E community sewage discharging into an existing sb�itary sewer system and disposal plant? YES N6 XX; If YES,what arrangeanents will be made to provide sewage disposal? SuppL AppL-3- z 12. Will the extension of sewerage and/or water services or the construction of any public improvements to the affected territory be financed by the formation of a special assessment district? YES NO X If YES,describe service(s)or improvement(s)and the average cost per residen4/landowner of the district Service/nnprovement: Cost: $ - /yr.for___yM $ /yr.for, _yrs. 13. List all cities,special districts,(including school districts)and County Service Areas located within the area ofthis proposal. (Exclude Santa Clara County Water District,San Francisco Bay Area Air Pollution Control District,County Library Zone,and Water Importation.) Otefer to County Tact Rate Code Book for this information): Cunerfho glem env School 13nswet Cotiertrttn 5s�titar�►Dis ci rt Freanont ifliruo,+i : ;cIIct M d��i%ua men�5r►aee lllstcct Foothill Coat "u`i tcict, C` a!=Fn a Pt`mteetioa�: ,` Santa dRRn3�Cottc[, i<ru ',�Setvice LANDOWNERS AND OISTERED VOTERS .. 14. Please provide the information requested below: a. Owners of laird*-wbhin.the proposed amog' -ed"..,bni who aan to this proposal shoal i`show their consent by s gmmg aid printing or typing their names and addresses,with date,below.(Sig nat, oa req*ed if proposal is initiated by property-owner petitiow put"see petition"below and type or printnames,addresses, etc.)Assessor's parcel number,assessed Iand-(awt improvements)valuation,and if 100% property-owner consent has been obtained,certification by City Clerk must be added prior to consideration. Hearing not required if 100%0 property owner consent is obtained. Date (Print name below City/State/Zip Tel.No. Parcel No. Value of Land See Petition Aellen.K.Hsu 21926 Dolores Avenue (408)973-9462 357-14-015 $603,432 Cady Hsu Cupertinet CAS 95014 *S00 next 4 Suppl.Appl.-4- ° "Owner of land means any person shown as the owner of land on the last Equalized Assessment boll;where such person is no longer the owner,then any person entitled to be shown as owner of laced on the next Assessment Roll;where land is subjw'to recorded written agreement of sale,any person shown therein as purchaser,and any public agency owning land." Government Code Section 56048. 15. Print or type the name and address of officers or persons,not to exceed three in number, who are to receive copies of the Director of Community Developinent's Report and mailed Notice of Hearing(in addition to the Clerk/Administrator of each affected city or district): Street Address Inane City/State/Zip (1) Mr.&Mrs.Allen K.Hsu 22360 Santa Paula Avenue Cupertino,CA 95014 (2) 16. 1 hereby certify that all LAFCO filing requirements will be met and that the statements made in this application are to the best ofmy knowledge accurate. 1PFit A. 1IAL11S.. 143t111'IC�„,�l�E AVE1�E (Print name ofperson complOting:t Il*1 11T .CA 950.14 application) (Signature) (Date) NOTE: It is a general LAFCO filing requirement that a copy of this application be filed with each school district shown on question 413 of this document if the proposal involves ultimate new residential development of five acres or more. It is the City's responsibility to submit this information to the appropriate school district(s)and the signature above is considered verification is that this filing requirement has been nth s Ant 1 y w t CERTIFICATE OF CITY CLERK(Regnired for 10003-6 Consent ProrsWD I CERTIFY that I have checked the number of owners of property located within the annexation/detachment/reorganiaaion proposed by this application and that the (number) signatures above represent all of the owners of property included in this proposal. I FURTHER CERTIFY that, pursuant to Government Code Section 56939,the City will snake determinations on this proposal without notice or hearing. �-- City Clerk (Seal) City of Cupertino a. Owners of land within the proposed annexations/detachment/rseorgwdzation who do not consent to this proposal should be lister by name,address,parcel number and assessed land valuation below. Signatures and dates are not required. Hearing will be held for less than 1001%consent applications. Street Address Strut Address Name City/State/Zip Name City/Stateop s (If additional space required,continue list on separate-sheet and attach.) b. FOR NOT 100%CONSENT PROPOSALS,list all regist-g red voters residing in the territory proposed for annexation/detachment/reorganmation if different f the landowners shown in 14a.and 14b. above. Street Address Street Address Name City/State/Zip Name City/State/Zip (If additionai space requirrA continue list on separate sheet and attach.) Suppl.Appl..6 f TOct-15-02 08:25 P-02 CHICAGO TITLE COMPANY PRELIMINARY REPORT Dates! as of: August 2a 2= at 7:30 AM Order No.: 926M-AYY A®garding 21M Dolores Avenue Cupertino.California CHICAGO TrftE COMPAf4Y hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof.a Policy or Policies of Tine Insurance describing the land and the estate or Interest therein hereinafter set fortix 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 8 or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions:from the coverage of said Policy or Policies are set forth In the attached list. Copies of the Policy forms are available upon request. Please read the ewAptlons shown or refarred to In Schedule 8 and the miceptions and exclusions set forth In the attached list of this;report carefully.The exceptions and exclusions are meant to provide you with notice cf matters which are not coy'erud under the terms of the title Insurance policy and should be carefully considered. it Is wiportant to note that this preliminary repoit Is not a written representation as to the condition of title and may not list all llama,defects,and mtcumbranws affecting tide to the land. 1 THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) 1c 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 UABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of polity of tide insurance contemplated Ly this retort is: ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE(10-11 W) Wsft Us On The Web:westemdierision ar.corn Title Department: Escrow Department: CHICAGO TITLE COMPANY CHICAGO TITLE COMPANY 110 West Taylor Street 20100 Stevens Creek Blvd#190 San Jose,California 95110 Cupertino,California 96014 (408)292-4212 (408)253 WSO fax:(408)252.3792 - TITLE OFFICER Agnes Yea ESCROW OFFICER rw-a�osroee. Cct-15-02 08:25 p.03 SCHEDULE A t Or&r Nw. 926909 LAD Your Ref: 1. IU estate or interest in the land herein dtcr desct'obcd tar referred to owered by this report is: A FSE ` 2. Titic to said estate or interest at the date hcrcof is vested in: Allen K. Hsu and Cindy S. Hsu, Husband and Wife, As Joint Tenants 3. The land referred to in this report is situated in the Statc of California.County of SANTA CLARA and is described as follows: SEE ATTACKED DESCRIPTION I,M6r 40migmk Oct-15-02 08: 225 P_04 Order No: 926909 •I.AD DESCR ' ON All that certain Real Property in the City of Unincorporated Area, County of i Santa Clara, State of California, described as follows; Beginning at a point of intersection of the center line of Dolores Avenue. 40 feet wide, with the Westerly line of Lot 155 in Byrne Avenue, 50 feet wide, as said Lot and Avenue are shown upon the Map hereinafter referred to; thence along the Westerly line of Lots 155 and 15S, as shown upon said Map, Southerly 129.94 feet to the Northwesterly corner of that certain Parcel of Land conveyed by Roy Edwin Pingree, et ux, to Vito A. Panico, et ux, by Deed Dated May 14, 1954 and recorded May 21, 1954 in Book 2878 of Official Records, Page 462; thence along the Northerly line of said parcel of land so conveyed to Panico. Easterly 120.15 feet to the Northeasterly corner thereof on the Easterly line of said Lot 156; thence along the Easterly line of said Lots 156 and 155, Northerly 129.94 feet to the Northeasterly corner of said LOL 155 on the center line of 'Dolores Avenue; thence along the center line of Dolores Avenue, Westerly 120.15 feet to the point of beginning and being Lot 165 and the Northerly 19.12 feet to Lot 156 as shown upon the Map of Subdivision "A" Monta vista, which said 14ap was filed for record in the Office of the Recorder cf the County of Santa Clara, States of California, on April 11, 1917, in Volume "P" of Maps, Page 20. Excepting therefrom all that portion thereof lying within the bouncls of Byrne Avenue, formerly Buena Vista Avenue and Dolores Avenue as granted ty Ray Pingree, et al to the County of Santa Clara, by Instrument dated March 30, 1946 and recorded October 23, 1946 in Book of Official Records, Numbered 1384, at Page 283 and in Book 1384, Page 287. t f t v satTo-12/06/"M . $:It}• ,�;• t:upi•rt Inn ' NNUATIVE. DNt:LANATINN•' H.cy 21 , 1984 As provided by .then Ke wi:onowntal- Ansessmsnt Pnict-I adopted by the City Council of th.- City ot. Cupertino on March 271, 1973. as amended, the following described project was granted a Nwagative Declaration by the'eity Council of the City of Cup.art Inu ton May 21. 1984. Project Dt s`r ipt ion and U%Cat ioa Application 4-EA-84 Applicant: City of Cupertino (Old Runta Vista area) Location: Generally bounded by Granada Avenue to the no-th. Imperial Avenue to the east. McClellan Road to the south oand'by the westerly boundary of the Blackberry + Ferro Golf Course to the west. Diseret ionar Action Realest.- Pre:aoa.e and reanne approximately 97 acres within the Old Manta Vista area to RI-8 (Residential Single-family), R1-7.5 (Residential Slupte-family), P (Planned Dervelt-iment ; with a Residential 4.4-12 dwelling units Per gross t acre)'* P .(Planned Development with a Residential 4.4-7.7 dwelling units per gross acre). P (Planned Aevolopment with Light industrial and Residential). P (Planned Development with Agriculture/Recreatlonal), and.BQ (Public Building) :Waning districts. Findlnls of Veil siontaakaa:g Baidy . The CityCouncil •ranted o."HegatLi- �' s a' �b is Se►nsiatent with the Coneral'Plan and-ha v mD "a' =_�• y6'i d 'v �..• t - ax* l4 a .•-•TT W,L ► �...-e..CI M •s +..:.. +'.',r.r"t• .. e If this image appears cut-oft + ., i 1�►an u '• '�7. i d:t or is not as legible as this overlay,Ws due to the poor ! .`+.`;' .'n': z?a^',5•'t:;`: quality of the original document :+'• •r•a. :':ter u tv,< •sA; e. '`' This i,a to certify that the above UsSative Declaration was tiled lu the office of the City Clerk of the City of Cupertino on May 22, 1984. eputy City Clerk Initial.Study. City of Cupertino Y Envirorlrnentat Assessrinent Procedures E. A. Fii.e Number(s) 4-FA-84 . Application File Nu-.ber(s) 1-Z-84 Dace February 27. 1984 rue Calli€orm a Environments Quality Act of 19700 as amended, requires publiz- agencies to evaluate public and private prrjects is det=zIns the r pocesr-. impact on the enviroament. '•1 This workssheec is intended to provide guid=ce for both you, the applicant, =d City afficials in assessing a proposed Project to detaz=ine whether it fna7 or may not have a significant Impact on the environment- if,kissed upon t-he info=ar-4 en prW-del belaw, the City makes a date_-�-.as�crt that your pra ject may have a significant impact on the emyi aoumezt, you.will be required to prepara an Environmental impact Report as provided by State law and the City of Caper o's Eaviionmeacag Assessment requirements. . Data1-t ed information regard,iag the •envisomaental assessment procedu= is avail- able from the Director of Planning and DevviOW-mut. Part 1 Info 'Mciticn to be completed by the Apptcant Project Type (Pre)?YcninglxJ Tentative Map (=,_I Other Use: Perart Variance OId Clutlf.3 rsta Area yjeuesusty uoernucc oy ranaaa v�C`a co the e�r+rtn, Location Avenue to the east, McClellan Road to the st .ch and by the westerly boundary a the tacfz acry dI f volx Murse to the West. Applicant City of Cupertino Address of Applicant 10300 Torre Avenue. Cupertino, Q% 95014 P ne(408) `52-4.505 General- Delcript .on od Project , rY rSzone and rezone t;he -above areas to zoning — districts consistent with ,the'Cattevil Plan. The nroi"r site contains apprnsifnately 47 acres. Ceszription.of Project (caned.) Scecifie Details of the Proiec_ 1.. Si_e of Site 2. Iaceasicf of Developmeut (1) Nt=ber of un+ts per gloss ic:-e (2) Resideacd—a Unit Schedule: Naar- NO. at Size. Es-=4=tea Total ' Rental ship BesirCO=s �SR.ft. Sales PI'.we �Huaber Unit C"e 91 ' Una:c type Q 2 1 Uait type 93 I Unit type 04 Unit tape 05 (3) Per`ceatage is area of buil drag coverage Percentage is area of rec eatioual Open space (4) Parking raqu=red Parking propasfti. - (b) IF commercial., indusc-rial, or iasticuC'-Oual: (1) Hu_iding square footage (2) Percentage a. bu;?ding coverags of site (3) Escinace of ma:=-um. nuzber of e=ployees per shift (4) P;.r:c:ag raquired Park._-!% p.rpased Cuestions Rela tad to pocantial T=oac= of praiect : N =A. Soeial/Cultural Impacts: Yes Mavbe • `No (l) Will- the proposed project result in the 'd3.s- placement of•people?' Y (2) Will the project alter the e=ploymenc base of• the c-u=un?ty1 Y " (3) W41 s the pro j ec_ alter the housing nee-# Of the c:a=sn4-c7? 0) Does the proposed proj-ecc aflec= a hisc=r=cal or archaelogical site? Y (Notz l) S. physical Znpacts: Page (a) Will the project result is a change of a natural body of eater, vegstar—Eve cover, or land fora? X • (Z) Will the project result in a change in a scanie view or vista from existing residential area or public lends or roads? (3) win the project change the development pattd--=, scale or character of general area of project? 1. % (4) WLII the construction and/or ope_ae.on of the project result in s gn #=c amount of solid waste, litter, dust, ash, smoke, fumes or odors in the vi.cinicy? X (3) W4"' the project result in a change is spsza or ground cater qua?icy or qu=sty or alta_a- clop of emoting drainage pat_a--=? X (6) Will the project substane-02y change ez.stins noise or wibracion levels LU the vicinity? g (3) Is the pro j ec, site an filled land or an ;lope of 10% or greater? _t (8) Does the pro jec_ involve the use or disposal . of potent_al 7 haz=dous mstarl-a.ls such as tz%. substances, fla=able or e=plosin. (9) Is the project a phase of as e--'.sc .z; or future larger project or series of pro j ec:s? ___�,_ X.. Descriscion of c.'se Eaviranmemcal Seczinsa Pzovde the following 'informacion on a separate :attacnmenc: (1) Describe .the projee: site as it 'etis`s before the project, ?ncluding inf irmac'.on on topography, sail stability, Plants and animals, and any cultural-, hisrorical or seanic aspects. Describe any existing stTuctnras opt the its, and the use of St-se_uras. A plot plan.may, be rettu,:red ,for the aescripCica. (1) Describe the st-_:�u:e+^.g.p�per:'_ea', v.c13.c:.ng infa:_.a_ic. cc Plants and an' als seal =7 c•—T tural, h:Ln tcrica? or sreai= aspects. Zadreace the type of land use (raesideat:s?, c^mmer- c ial, etc.) , intansic^I of land use (one-Fem,17, apa:=ear houses, shaps, dean.:mzUc scares, et.d.), GAd scale of deve - apment (height, frcncage, set-bads, •rear yard, ecc.). CERTT.CATION I hereby car Mfg th:.r the statements fsarsis. nee above and is the attached a=hd its present the data and War- matioa requtsed for this isc-cial. evalu.:t1cm to the best of z7 ability, and that the facts, statements, and iafo%-AUciQn pre- sented arc true and coroact to the best of my kaaviedge =d Da tee—. ke—LATt 0 1 / ...__.._ (Signature) For G=I-r-X -9!V C-yPEJ24IAjo (1) The project .site is comprised of e•isting urban development including a acre gaLf course and Picnic ground rccrrotion complex. The entire area has general historic value. A few :structures MZ halve grencer h:storic:l valise as separate entities. The rerrention complex is located in the ' 100-yeas event flow plan fne Stevans Creels. (2) Ilia project area is bordered by the old M.onta Vista Com erciat OLstrict to the north, by the Weat Valley Industrial Park to the east and by single-family residential neighborhoods to the sourh and vest. Fart I I '. . IriFor narien to 6e completed 6y City 0 f fit3cFld A. Primary General Plan Considerations: Yes M.-vbe 'No (?) Ls the project in violation of the City of Cupertino's adopted General Plan? CO Will the project burden 'public uti14ties and seo: cgs? (a) Fire and police se-•ricas X (b) Parks and •recreation system (c) Schools (d) Hater system X (a) Sever system g (£) Storn system g (g) Solid waste X (3') Is the project side outside of the Urban Ser- vice Area of the City as defined by Santa Clara County Local Agency Formation Coeaz+ss .oa? x B. Soc3dlf Cut tuT-.l $=pactS 2 • (1) Will the proposed project result in the die- placement of people? •. X (2) WLll .ehe project alta- the employment base of the casansaity?• g (3) Will the project alter the housing needs of the coumun q? g (4) Does the proposed project af:ect a histori- cAl or ar`.haelogical sits? . (£) W411 the proposed project. el i=inate an e-XISz!_n3 recreational use at the "project sets? x (6) Does the proposed project decrease public acl-3ss ea any public body of vatar or recres- tlonal area? X (7) Will the proposed pt*jec= alter the location., distribution, density or gre4th. rate of the human population of 'an'area?• x • � .. �. .y.. .ems. �o�.�'."""�r... •(g) Will the project result in: yes Ma•ibe ;go (a) The disturbance .of a natural or man-made - Feature in the project area which is unique? Y (b) The obstruction of a .scenic vista open to the public? � C. Physical I=pacts: (1). Mill the proposed project result in the ex,:osure ®f people or propert7 to geologic ha_ards such as earthquakes, landslides, mudslides, g d"—d fa'?ure or ha--aids? x (2) Will the proposed project result in: (a) Unstable earth co aditlons or changes in geologic subscruc_ares? X (b) Disruptions, displacem-m- ts, compaction or overr3ve--Lug of .the sail? (c) Change in topography or g.ound strfac_ red+=4 f eat res? x.. • (d) The destrac`on, cove-zing or modifica- tion of hay unique geologic or physical feature? X (e) Any Increase in wind or cave: erosion of sail, either on' or off the site? g . (3) W_L the proposed project result in: (a) Substantial air emisslaus or deterioration of ambient air qualit7? x (b) The creation of objectionable odors? x (c) Alteration of air movement, moisture or temperatuze, or any change is cr mate, either locally or regiona117? x (4) W*11 the proposed project result in: . (a) Changes in absorpc=on rates, drainage Patterns or the rate and amc-vtnt of sur ace water runoff? X (b) A=tarac_ons to the cour3e or floc of flood waters? (c) Discharge in=o surface waters, or is an;► alteration of surface water qua'ity, including but not L+m±ted to temperature,• dissolved oxygen or turbidity? •($) W' l tha-project result in: . Yes Karbe lla (a) The disturbance o f.i natural- a r man-made' :eacssra in .the project area ea vhica is. unique? X . (b) The obscr••se-c--on of a .scenic vista. ape:e to the public? v C. Ph'Y s=ca1 Lpa c de. (1) Will- proposed projec, result In the exposure of papple or"p:cperty to geologic haaa.ds with as e4k—.zhouakes, lands-'ides, mudslides, S--. d fad.-%ur2 or ha:a:ds? X (1) Will the proposed project result in: (a) Unstable earth candit;ons or changes in gecl og:c subsc-sccures? X (b) Disruptions, displacements,_ campaction o: overcoverI.LuS al the soil? X • e � � (c) Change. in topography or ground ssirtace relief f natures? - (d) The destrue: on, .cove ing or modlica- • t{on of nay unique geologic or physical? �•: feagure? X (a) Asy Increase in wind or cater nTv sion of sail-, either on or off the S-Ite? X (3) Wil1 the proposed project result in: . (a) Substantial air emissions or det8^Jration of ambient air quality? X (b) T'ne ereac=on of objectionable odors? X (c) Alteration of air movaeat, moisture or temperature, or any Change in climate, either locally or regi,ona?ly? X (4) W{.11 the proposed projec_ result in: (a) ranges 1a abso:pt3oa rates, dzz!=zga patteris or the rate and amount of surf_=s vase: runcf.R? X (b) A1.teracions to the cour9e or Floe: of flood waters? Y (c) Dtscharas i.nco sur:scs vacers, or in anv alteracion of surface water quality, including but not limited to 'temperature, dissolved o:ggen of -turbidity? . Yes Maybe (d) •Altera.cian of che'direction or race of flow of ground water? - . - x '(a) Change in uie quanc?tj of ground waters, either through direct additions or with- drawals, or- through interception of as aquiver by cuts or exco-vacion? q (:) Substantial reduction it the macunt of water other-.-i.se av-ai able for public water supplies? X (g) E::pcsure of people or property to wacer- relatad ha=aids such as flooding or tfal wave. g • � -ems (5) will the proposed project result in: (a) Change in the diversity of species; or ntiber of arm species of plans (iae'iud?sg trees, shrubs, grass, crops, and aq vac;c plants? x (b) Reduction of the numbers of any unique, rare or endangered species of p1Mes? x (e) Incroducc-don of new species of plants into an area, or in a barrier to the no=="- replenishment of existing species? x (d) Reduction in acreage of nay a5riCU1'-1r-a1 crcP? �._ e._ (e.) Change in the diversity of species, or ' numbers of any species of animals (birds, land animals including raptiles, fish and shellfish, beuch c organ;=s or insects)? (f) Reductlon'of the numbers of nay unique, rare or endangered species.Of- MUSM-3 a? (g) Incraductian of new species of- aCIMM's into as area, or result in a barrier co the migration or movemsnt of aaistals? � x (h) Detaricraeion to existing fish or wi dli_Fe - habitat? .x (6) Will cline proposed project result in: (a) Increase in existing noise levels? (b) L-cposure of people to severe noise levels? (7) Does the proposed project significantly affect the potential use extraction or conserfacion of a scarce natural resource- such As agricultural &t aineral• deposit, or voadland? Y r .. Yes Xavbe 40 AS) Vill che-•proposed project involve the use, storage, or disposal of hazardous matesia.Ls? (9) will this proposed,pro jecc issulc in (a) use o-' subscancial amounts of fuel or energy? :{ . (b)' Substancizl_ i.Icmeasa in demand upon Ems:stixg so4rcas of energy, or .requ;_e the developmeac of neo source of ane. , ? X (?0) tiIj the gropcasad pzz 4ect result ia: (a) Caneration of substancial additional vshir: mcvemenc? X (b) Effects on ezdscing pa it ng facilities, or demand for new parking? � (c) Substantial impacs upon ee-s«tins transportz clan spstems? _ X_ (d) Alcaracions tat present patterns of circu?a- tion or movement of people and/or goods? X (a) Alterations to vace ba=a, rail or air ~. traffic? �. �... (f) Znc:ease is t`af£ie hazards to motor Vehicles, bicyclists or pedestrians? (11) Mandatory Findings of Significance: (a) Does the project have the potential- to deZzade the quality of the envir0=enc, substancla117 reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below salf-sustain-Ing levels, threaten to el iminnta a plant or anIMal cotamunir►, reduce the number or restrict the range os a rare or endangered plant or animal.or elim?aate important examples of the major periods of CaLifornia history► or preb storf? (b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (a short- cera impact an the environment is one which occurs in a relatively briaf, deainitive period of ciae, while long-can iwaets %e-11 endure into the Eutare.) �,- �_ • yes Haybe (c) Does the project have impacts which ara• tndividually lim!ced, but qu*ulativelq con siderable? (A project -may impact on coo or • :ore separate resources where the iapact as each resou.:te is relatively setae, but where the effec='of the toc-, of chose i=pacta cn the envi-ra=enc is s_g:-.LFic.:r.:.) Y (d) Does the p:ajet, have e::va_ateat a==et_s which w'>> cause substaatial a&reuse effects an human beings, e:tther d:rac-1y or :direed.?y? Discussion of• E-iv+_rorasennal E•ralnaH-oa (Note: Use additional sheers if aecsssa:p.) 0,,,ec e•:�i.a�ta on: • On the basis of this iu.:t{,y evaluation, the Euvi:atsaeaeal Review.Camasittae fiats: ?hat*the proposed project CODU NOT have a aiguific=t effec_ on the eav'ron- ment, and therefore recommends the GRJINTI'1`G OF A HEMA3I4E DEaARATIOH. r i Thati although the proposed project could have a signifieaat e_:eet on the environment, there will not be a si gnifieaat effect in this case because of the mitigation measures desc-bed on an attached shesc have been added cc the projee:. It is recommended that A MEGA-17 E AECLARA=ION BE pRE?,& =. . r—1 That the proposed project MY have a sigaLli aut effect on the eavi=nmene, • and an LWI TROZtM'TT& U6ACT & .QRr is rtquired. Dace ---'$r ��// � �---- --• c / can, Envirrtftments.; Review Cuomo:ae For '�§