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Xu, Byrne Ave 02-06 Annexation
APN 357-12-038 ANNEXATION-XU,BYRNE AVE. 02-06 150 RE90LUTION 02-196 2002 • p �v1ED Cory: This docutneat has MMLAFC000N rf�R� wiatt the original. local Agency Formation Commission of Santa Clara County not been� COUNTY CLERK g1;ECORDI� T 16764865 �®' 2 pM 1/22��®83 CERTIFICATE OF COMPLETION 1,Neelima Palacherla,Executive Officer of the Santa Clara County Local Agency Formation Commission, issue this Certificate of Completion pursuant to Government Code Sections 57200 and 57201. I hereby certify that I have examined Resolution No.02-196 for a reorganization attached hereto and have found this document to be in compliance with government Code Section 56757 authorizsng 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 an ANNEXATION which includes annexation to the City of Cupertino and detachments)from the following: NONE A map and description of the boundaries of the change of organization is appended hereto. The title of this proceeding is: Byrne Avenue 02-06 (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 11/4/2002. 1 declare under the penalty ^,f perjury in the State of California that the foregoing is true and correct. 9 Dated: -1 10 eelima Palacherla,Executive Officer LAFCO of Santa Clara County 70 West Hedding Street• 11th Floor,East Wing•San Jose,CA 95110 • )408)299-5127 • 1408)295-1613 Fax•www.santaciara.1afco.ca.90v COMMISSIONERS:Blanca Alvamado,Don Gage.Suzanne Jackson,Linda LeZotte Susan\Acklund Wilson EXECIRfVE OFFICER:Neetima Palacherla r RESOLUTION NO. 02-1% A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESSIGNATED"BYRNE AVENUE 02-06",PROPERTY LOCATED ON THE WEST SIDE OF BYRNE AVENUE BETWEEN MCCLELLAN ROAD AND DOLORES AVENUE: APPROXIMATELY 0.I49ACRE,XU AND ZHA.NG(APN f"' ~ -0338) WHEREAS, a peh ion for the annexation of ate: % ,,-mica.-v to the City of Cupertino in the County of Santa Clara consisting of 0.149± acre or the west side of Byrne Avenue (APN 357-12-038) has been filed by property owners i3,it Xu ar, Chi Zhang;and WHEREAS,on October 7,2002,the City Council adopted Resolution No. 02-182 initiating.proceedings for annexation of the area designated"Byrne Avenue 02-06";and WHEREAS, said territory is unfi habited and all owners of land included in the proposal consent to this annexation;and WHEREAS, Section 56757 of the California Government Code states that the #. Local Agency Formation Commission shall not have any amthoaity 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 S6837 provides that if a_petition for annexation is signed by all owners of'Land within the affected territory the City Council may approve or disapprove the annexation without public hearing,and WHEREAS,evidence was presented to the City Council; NOW, THEREFORE, BE 1T RESOLVED by the City Council of the City of Cupertino as follows: I. That it is the conducting authaft pursuant to Section 56757 of the Government Code for the annexation of property designated "Byrne Avenue 02-06", more particularly descrj'bed in Exhibit"A"; 2. That the following findings are made by the City Council of the City of Cupertino: a. That said territory is w0habited and comnprises approtdniately 0.149 acre. . - r J .. Resolution No. G24196 Page g BE IT FURTHER RESOLVED that upon completion of these reorganization proceedings the territory cmexed will be detachr.Z 4.0m the Santa Clara county Lighting Service 1Distria PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 4th day of November 2002,by the following vote: Vote Members of the City Council AYES: Lowenthal,Chang,James,Kwok,Sandoval NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: : Ls/Kimberly Smith ` /st Richard Lowenthal City Clerk Mayor,City of o TWO 19 TO MleTTrY TWAT THE VATF ' InaTOUMENT ISATP 'M cQRRECTtCOFSV OF TILE ORIGINAL. LE--IN THIZ OFFICE. q ATTESTwLEr CITY CLERK OF THPE§MNp q r: } 3 31Is zooz °st ismnv SLlwn NOlLVX3NNV a3SOdOdd ---• - : Minn Amo ONLL813dnO vvzvow LO-GS '3AV dVI\ AIINIOLA 3NHAS. NOlLVX3NNV- 83d ONtuadn0 Slimn Alto i OVOV NYn3l3*l4 i r — o "-/-s ovom t1n; 1SW NV'f'WOOM. NOLLV X3NNV ;13d ! ® ONLLa3dno j0 simn Alto ! S380100 (-U *OS Oas•9) ov 6Vt•o NOILVX3NNV A3SOdONd ! 8£o-z t-Ls£ Ndv .00 t .t -3w3s ! .LL-I -and ,t�' NOLLVX3NNV tO ONLLMdnO j0 Simn a� ao AM roN 90—Z0 ' Q �� 3N?lJlB 437UILN3 ONLL83dni d0 J 113 3Hl OJ. NOILVX3NNY a3SOdOdd 8 IISIHX3 • „ s City Hall 10300 Torre Avenue k Cupertino,CA 95014-3255 Telephone:(408)777-3223 tt ' FAX: (408)777-3366 C V PEkTINl.,0►nn. OFFICE OF THE CITY CLERK January 29,2003 To all interested agencies: Re: Annexation for"Byrne Avenue 02-06"— 10465 Byrne Avenue The Certificate of Completion for"Byrne Avenue 02-06" was recorded on January }= 22, 2003. 1 am enclosing a copy of Resolution 02-196, as well as a copy of the Certificate of Completion. Sincerely, x Grace Jobnson Deputy City Clerk h ab- G. s :3e ftntedon Reryded fter aoE-dMvw REV.1 OW) STATE of tk FORIGA STATEMENT OF BOUNDARY CHANCE BOARD OF EQUAL ATtON antumamy Pleasaman fA the Sowd ofiquaras on.Tax Area Sewfces Seetfan,460 N fteet,MQ59, P.O.Box 442879,Ssdanwft.CaStbrnia 9427&Mg B.O.E.File No.: Santa C ra I CAwntyq: Fee:S Ott Res Ord.No.: QZ-196 City of CUjPleTtiU0 &at Form Designabom B rnae Avenue 02-06 1 Eftewve Date 11104 0 1. Tpe� Q1 A to tfstrtct 06 C tletion TRA'sQ 10 Redeveloar:llent ea:tion: X 92 Amlwxabm to S& 07 0eta MO-fiam disaict 11 Nano change (d►m*arw 04 City fng9pmadon oa Dissdutbn of ditW 12 b2tion FYI QS,Cansolltlation afdiabtd 09 13 School district duum 0151MCI NAME _ 2 Aacow Santa Clara County Lighting Service lby aj District asddrr: Aft9teNo lnha6�ied. � �pevete d Nungw of Anms: tie brtld }t/a $ Unintb l to t undevakmd .._ Th►�d7i+eter! VW be taxed for tiAg horded indebta� ta ss or cactuai obligations as set foM by t ie teram and £ tar.3bcryr $` moons� tateaiin the resohitiot►. -_ 1lYilll ltof f�.taxedfor'` !>�d�l hdet,DetOtess ar ceanttaawual a tlae>r An etbcUer*WhorisinqthLs acts was held an dw g This:.,.. is from election. a EnddsWwo X trees' . X Ma s and supp-artma dommants tiro hawing g sides . n X Assessor t nwrnbe s of affected ftffdm �teanar Resahrtion of mndw a County auditof s le ter of TRA assignment at tta►ttnH of 9Ceittficate®f GortaPiart M(LAF oniYj (con solidatedco unties only) T. CNy FIFE as X Vicini maps(2 calmorard oy n the afected area to include nni WW a street nurr�s Icbwvw E'sLbi W tatd', Vowl nhflonJs: a npq~ According to seWan 54902 of them Govsmmant Coda,eoples of then documents must be filed udth flee county suditar .anA wanly a mossar. Boanf of Eauafizetn wilt aclarowkdge receipt of ft a fw Ruth Marstan � y.• � � a � Wsk9k Deputy Clerk of the Hoard nrrxcv ' Santa Clara Coun LAP'C eraF� ant 0 W. fledd Street crrr WC mr, San Jose 95110 AFAXW _ C ) -4 21 a t . 50 - Truth.i st+ba nsco.srenCa-a a ca.us B iJ►rtIRB AGENC1Ft F7CER VATS v. RESOLUTION NO.02-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA DESIGNATED"BYRNE AVENUE 0?.--ID6',PROPER"LOCATED ON THE .y WE,ST SIDE OF BYRNX AVENUE BETWEEN MCCLELLAN ROAD AND DOLORES AVENUE;AF)PROXIIdATELY 0.149 ACRE,XU AND ZHANG (APN 35'112-038) WHEREAS, the City Council of the City of Cupertino has received a request for annexation of territory designated'"]Byrne Avenue 02-08"ftm property owners,Bin Xu and Chu Zhang;and y WHEREAS,the property,0.149+acre on the west side of Byme Avenue between v McClellan Road and Dolores A.** ,(APNT 357-12-038) is contiguous to the.City of � .. Cupertino and is witbin.is urban service area;and WHEREAS,anne��:provid.:for use of City services;and �!� his`territory rs.: b te4-aresl'was:pined jQ on May 21, 1994, to z i�(W�� , k city of�rpertino Pre R1-75 ion r _ WHEREAS, the City oif G`eepartiao, as:,Lead Agency far eawimreanental review completed an initial study and granted aWegative Declaration for annexation and �a k; WHEREAS, the County Surv+ ynr of Santa Clara county has found the map and desciiptum (Exrnbits "A,' aged 'Bj 'ac 000e ariitli Gnv tent Code �ectiAn k. k . 5682i .the boundaries tri;;be.d i" c -ant the prop�o � be in compliance with tAFCUs road-anaexatitin.f rol(cies;,and WHEREAS,the fee set by the-County of Santa Clara to cover staff cost for above certification has been paid;and WHEREAS, as provided in Government Code Section 56826 the City Council of . the City of Cupertino shall be conductinge authority for a reorganization including an annexation to the City;and WHEREAS, Governmetet Code�Secdon 56837 provides that it a petition for { annexation is signed by all omme� �lam�ntt�i meted rritorg�flee City Council may approve or disapprove the a0eo;a without pteb3io`he ` Q. i i. ., r Resolution No.02-192 Page 2 NOW, TIIEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby iolates annexation proceedings and will consider annexation ^f the territory designated "Byrne Avenue 02-06"and detachment Erom the Santa Clara County Lighting Service District at their regular meeting of November 4,2002. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cu;-?.,rtina this 7th day of October 2002,by fihe following vote: Vote Members of the QW Council AYES: Lowenthal,Chang,Jaynes,Kwok,Sandoval NOFS: None AVS0U: None fi ABSTAIN: None ATTEST: APPROVED: /s/Kimberly Smith Is/Richard Lowenthal City Clerk Mayer,City of Cupertino s.` tyyq' 2 F A �q City Hall 10300 Tom Avenue Cupertino,CA 950e4-3202 Telephone:(408)777-3223 MY Of FAX: (408);77-3366 CUPEDTINO OFFICE OF THE CITY CLERK October 9,2002 TO: ALL INTERESTED PARTIES REORGANIZATIONS: "EYRNE AVENUE 02-06" "CRESTON DRIVE 01-04" I am enclosing a copy of Resolution 02-192 and 02-19 ,which describes the boundaries of the subject reorgartiaatioP:.s and sets November 4,2002,as the date for consideration of annexing the areas described 4s"Byrne Avenue 02-06"and"Creston Drive 02-06"to the s: City of Cupertino. The resolutions were adopted on October 7,2002. Council meets at 6:45 p.m.,City Hall Council Chamber, 10300 Torre Avenue,Cupertino, California. All interested parties may attend and be heard. Sincerely, Grace Johnson Deputy City Clerk m Pnated on 1?wWoO Pacer Count'of Santa Clara vwr Environmental Resources Agency Bu9tding inspectiorwtand Development Engineering and Surveying County Government center.East VinR FloorSan Jose.Cahfomia 95 110 Bldg_inspec.(409)299,5700 Land newel.299.5730 FAX 2798W7 www.,iccbuffding.org September 16,2002 Kiln Smith, City Clerk City of Cupertino 10300 Torre Avenue Cupertino,CA. 95014-3255 The attached map and description dated August 15, 2002 of territory proposed for annexation to the City of Cupertino entitled BYRNE AV NU-E 02-06 is in accordance with Government Code Section : 6757 (c) (2). The boundaries of said territory are definite and certain. The proposal ism compliance with the Local Agency Formation Commission's road annexation policies. Martin D. h4arcott County Surveyor Attachment cc: LAFCO Executive Director (w,attachment) 4 Board of Supervises;nonak-j P Gage.Blanca.Alvarado.Mete McHugh.James T.Beall.Jr..t_la Kniss County Executive:Richard V411enberg .ou EXHIBIT A BYRNE AVENUE 02-06 All of that real property situate in Santa Clara County, California described as followis. Beginning at a point in the center line of Syme Avenue formerly Buena Vista Avenue (40 feet wide) that is distant thereon Soul 150.00 Beet from the intersection of said enter lane with ate East prolongation of the South line of Tract No. 139 Stevens Creek Subdivision Map no. 1 according to the Map thereof recorded in Book 4 of Maps, at page 43, Santa Clara County records; thence West and Parallel with the South line of said Tract No. 139 and the East prolongation of said line, 20.00 feet to the TRUE POINT OF BEGINNING of this description and the Westerly boundary of the annexation to the City of Cupertino entitled 'Byrne Ave., W-01 and the Westerly boundary of Byrne Avenue, thence leaving said Westerly boundary and proceeding West 130.00 feet to a point on the Easterly boundary of the annexation to the City of Cupertino entitled 'McClellan Road, 87-W; thence proceeding along said annexation boundary {North 50.00 feet, thence leaving said Easterly boundary and proceeding East 130.00 feet to a point on the Westerly boundary of the annexation to the City of Cupertino entitled 'Byme Ave., 88-11' and the Westerly boundary of Byrne Ave.; thence along said Westerly boundary and the Westerly boundary of the annexation to the City of Cupertino entitled`Byme Ave., 85-01`, South 50.00 feet to the TRUE POINT OF BEGINNING. Containing 0.149 acre more or less and being a part of the Southwest onequarter of Section 14, Township 7 South, Range 2 West, M.®.B.M. J.-VOBS1Xa ORIBIT-Adw 8-1"2 4RpFESBI® No. 20S 7 x: t f: EXHIBIT B PROPOSED ANNEXA11ON TO THE CITY OF CUPERTINO ENTITLED BYRNE AVE. 02-06 Q r No. 20M.. — �c LIMITS OF CUPERTINO �f ���e! ER ANNEXA AVE. 88YRNE TCA1 SCALE: 1" 100' APN 357--12-038 PROPOSED ANNEXATION 0.149 A (6,500 SO. FT.) OOLORES AVE" e o o LTlaouu � CITY LIMITS OF CUPERTINO zljoogo f PER ANNEXATION MCCLELLAN WEST z ROAD 87-04" T PAR l McCL EU AN ROAD ' CITY LIMITS 0 CUPERTINO PER h \4 CI N 17Y MAP AVE. 85 EOXAnON "BYP NE 1 ALCAZAR rsso � CUPERTINO CITY LIMITS w a ��� PROPOSED ANNEXATION LIMITS 0LORES ® AUGUST 15, 2002 ip d SITE CLELLA D } City of Cupertino (408)777-3249 10300 Torre Avenue Cupertino,CA 95014 PETITION for proceedings pursuant to the CORTESF-KNOX LOCAL.GOVERNMENT REORGANIZATION ACT OF 1985 The undersigned hereby petitions) 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 char:ae of organization is designated as: BYRNE AVE.02-06 Situs Address: 10465 Byrne Avenue and consists of X annexation to CITY OF CUPERTINO v detachment from (name City/District) of 0.149 acres on the west(ia/s/e/w) side of Byrne Avenue(Street/Avenue) between: McClellan Road (Street/Avenue) and Dolores Avenue(SUvet/Avenue) and(if applicable) annexation detachment of the same to/from (name City/Distnct(s)) 3. A metes and bounds description of the exterior boundaries of the territory(ies) included in the proposal,marked EXhLb_it__A,and a map of the said territory(ies),marked Exhibit B, are attached to this petition and by this reference incorporated herein. r 4. Territory to be organized/reorganized is: inhabited. ("inhabited"= 12 or more registered voters) X uninhabited. 5. This proposal__ X_,.is consistent with the Sphere of Influence is not of the affected city and district(s). Cupertino: Annexation Petition,page 2 6. The reason(s)for the r,. ,posed annexation (annexation,detachment, reorganization,etc.)is/am 7. It is desired that the proposed change of organization or reorganization be made subject to the following terns 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 1000/6 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 signaturv(s)as follows: CHIEF PETITIONERS (not to exceed three) Signatures of Petitioners (Please print Street Address Assessor's Election name below) City/State/Zip Parcel No.* or Precinct No.** 16 i re tWe 3557-12-039 (Sign here Date: $1(Z 0 2 Phone: ( 9-5-- 07 (A) fbf-763-- q 1? 0). (Sign here) Date: 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 Torre Avenue Cupertino,CA 95014 SUPPLEME,1TAL APPLICATION FOR MUNICIPAL AND/OR DISTRICT CHANGE OF ORGANIZATION OR REORGANIZATION OF TERRITORY This supplemental application must be completed in full and submitted with any petition to the City for a change of organization(annexation or detachment)or reorganization(multiple annexations and/or detachments)made pursuant to;he Cortese-Knox Local Government Reorganization Act of 1985(Government Code Sect. 56000 et seq.) PROPOSAL DESIGNATION: BYRNE AM 02-06 Annexation CIT to Y QF CUPERTINO (City or Spec.District) ENVIRONMENTAL STATUS OF PROPOSAL Y" 7�CX CITY OF CUPERTINO.as Lead Agency for environmental review of the project, (Name of City/Ilistrict) has already nremned the territory on Ma L1.19.�4 (prezoned?other approval action?) (date) and in compliance with CEQA,has: determined that the annexation is categorically exempt from provisions of CEQ,*t pursuant to Cal.Adm.Code Sec. (cite class exemption section.) XX completed an Initial Study and Negative Declaration for the annexation,a copy of which is attached to this application. _ completed a Final EIR for the annexation,a copy of which is attached to this application. City of Cupertino City Council is to be Lead Agency for the environmental review of the project and the completed Environmental Information Form required by Planning staff is attached to this application. (Planning staff phone: (408)777-3308). Proposal is categorically exempt form provisions of CEQA pursuant to Cal.Adm. Code Sec. because Suppl.Appl.-1- S' CHARACTERISTICS OF THE AREA 1. Number of acres 0.149 2. Number of inhabitants 3 3. Number of registered voters 0 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: NIA 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 t= 6. a. For city annexations what is the preznning that has been applied by the city to the affected area(Note: Prezoning is a filing requirement for city annexations):Prey b. Does the applicant intend to paopose a change in this zoning if and when the territory is annexed to the pity? YES—NO X i If yes,indicate the now zoning winch will be sought? �a 7. For City or district annexations,describe the development being proposed for the territory,if any , and when this development is expected to begin. Re-Build a new Single Family Dwelling. Development to begin upon annexation. 8. Do the boundaries of the subject territory conform to lines of assessment and ownership? YES X NO If NO,please explain the reason for non-conformity and provide justification for approving the boundary change as proposed: A, Suppl.Appl. -2- 9. Tio the boundaries of any proposed city annexation create an island,corridor or strip of wYincorporated territory? YES NO X If YES,answer the following questions: a. Number of acres in the island,corridor or strip? (If more than one island is being created,indicate the acreage of each island.) b. Number of inhabitants? c. Assessed value? d. Land use and zoning in island,corridor or strip? e. Describe present and proposed sewer and water services in island: r' L Does the proponent request waiver of restriction against creation of an island? Fn YES NO If YES,explain why creation of an island is justified? SERVICES 10. Is the territory proposed for annexation/detachment/reorpnization in the City or District's .` urban service area: YES X NO k 11. V new development is proposed on the site,will this new development be permitted without a. communityse dis into am existin sanitary sewer system and sal plant? wage chap� g Lary syst disposal YES NO X If'TIES,what arrangements will be made to provide sewage disposal? u? m Suppl.Apo.-3 12. Will the extension of sewerage and/or water services or the construction of any public improvements to the affected territory be financed by the formation of a special assessment district? SYES NO % If YES,describe service(s)or improvement(s)and the average cost per resident/tandowiter of the district. Servicelimprovement: Cost: $ /yr.for`yrs. $ /yr. for iyrs. 13. List all cities,special districts,(including school districts)and County Service Areas located within the area of this prorosai. (Exclude Santa Clara County Water District,San Francisco Bay Area Air Pollution,Control District,County Library Zone,and Water Importation.) (Refer to County Tax rate Code Book for this information): Cupertino Eiernen+tM Moo1 District Cunerlime Samimra►District Fremont ilnion Hight ScheoA'bistrict Mid:Peninsmla Oren Snace District Fo� ommunit`►College District Cemtaml Fire 1'rotcctimn� Santa Claw g2unLich,grin Serme LANDOWNERS AND REGISTERED VOTERS y, e. 14. Please provide the information requested below: a. Owners of land*within the proposed annexation/detachmentlreorganization who consent to this proposal should show their consent by signing and printing or typing their names and addresses,with date,below.(Signatures not required if proposal is initiated by property-owner petition:put"see petition"below and type or print names,addresses, m' etc.)Assessor's parcel number,assessed land(not improvements)valuation,and if 100% property-owner consent has been obtained,certification by City Cleric must be added prior to consideration. Hearing not required if 100%property owner consent is obtained. Date (Print name below City/State/Zip Tel.No. Parcel No. Value of Land See Petition Bin Xu 10465 Byrne Avenue (408)765-9271 357-12-038 $121,868 Chi Zhang Cupertino,CA 95014 *See next page Suppl. Appl. -4- ' "Owner of land means any person shown as the owner of land on the last Equalized Assessment Roll; where such person is no longer the owner,then any person entitled to be shown as owner of land on the next Assessment Roll;where land is subject to a recorded written agreement of sale,any person shown therein as purchaser,and any public agency owning land." Government Code Section 56048. 15. Print or type the name and address of officers or persons,not to exceed three in number, who are to receive copies of the Director of Community Development's Report and mailed Notice of Hearing(in addition to the Clerk/Adminisnator of each affected city or district): Street Address Name City/State/Zip (1) Mr.&Mrs.Bin Xu 277 Michigan Road Milpitas,CA 95035 (2) 16. I hereby certify that all LAFCO filing requirements will be met and that the statements made in this application am to the best of my knowledge accurate. RA1L]PH A.t3tU d i030R IORRE AVENUE (Print naive of person completing this CUPER3'I1�t�D.CA 95014 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#13 of this document if the proposal involves ulth-nate new residential development of five acres:+r more. It is the City's responsibility to submit this information to the appropriate school districts)and the signature above is considered verification that this filing requirement has been met. Suppi. Appl.-5- CERTIFICATE OF CITY CLERK aknuired for 100%Consent Proposal) I CERTIFY that I have checked the cumber of owners of property located within the annexation/cetachmen/reorganization proposed by this application and that the aL (number) si above represent all of the owners of property included in this proposal. I FURTHER CERTIFY that,pursuant to Government Code Section 56539, the City will make deternunations on this proposal without notice or hearing. 3 Dater d -2—_ _ City Clerk (Seal) City of Cupertino r . Owners of land within the proposed annexation/detachment/reorgamzation who do not consent to this proposal should be listed by name,address,parcel number and assessed land valuation below. Signatures and dates are not required. Hearing will be held for less >>; than 100%consent applications. Street Address Street Address Name City/State/Zip Name City/State/Zip �r. (If additional space required,continue list on separate sheet and attach.) b FOR NOT 100%o CONSENT PROPOSALS,list all registered voters residing in the tenitory proposed for annexation/detachment/reorganization if different from the landowners shown in 14a.and 14b. above. Street Address Sheet Address Name City/State/Zip Name City/State/Zip x. (If additional space required continue list on separate sheet and attach.) Suppl,App1.-6 Farrow Ilgraas6: AJIiance 4368 San Felipe Road,##11G Title San Jose,CA 95135 (409)239-7720 Fax (408)239-7715 PRELItVdINARY REPORT Escrow Officer.- Kym Nguyen/jep ORDER NO. 11069227-287- KFfN Ref. No: Fair Lending Property Address: 5045.Nbramar Avenue 10465 Byrne Avenue San Jose,CA 95129 Cupertino,CA 95014 Attar.: Hat Lau APN: 357-12-038 ARB: 357-12-30 In response to the above referenced application for a policy of title insuranc;,this Company reports that it is prepared to issue;or cause to be issued, as of the date hereof,a Policy or Policies of Title Insurance desoibing the land and the estate or interest therein hereinafter set forth,insuring against loss which may be sustained by reason of any defect, limn or cocumbrarce not shown or referred to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy fortes. The printed Exceptions and Exclusions from the coverage of said Policy or Policies arse set forth in Exhibit A attached Please read the exceptions shown or referred to below and the I sceptions and Exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice,-f matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens,defects, and encumbrances affecting title to the land. This report(and any supplements hereta)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: ALTA Lender's Policy issued by First American Title Insurance Company Dated as of Juntr 4,2002 at 7:30 a.m. The estate or interest in the land hereinafter described or referred to covered by this Report is: A Fee Title to said estate or interest at the date hereof is vested in.- Bin Xu and Chi Zhang,husband and wife as community property with right of survivorship The land referred to in this Report is situated in the State of California,County of Santa Clara and is described as follows: (See"Legal Description"Schedule C attached) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy would be these as shown on the following pages. • 4te No.2 File Tao. 11069227-287- KHN I. PROPERTY TAXES,including any assessments collected with taxes, for:he fiscal year 2002- 2CO3,a lien not yet due or payable. 2. The lien of supplemental taxes, if any,,assessed pursuant to the provisions of Chapter 3.5, (commencing with Section 75)to the Revenue and Taxation Code of the State of California. 3. Easements as shown or delineated on the filed map,and incidents thereto. Reference to the records is hereby made for further particulars. 4. Covenants,Conditions and Restrictions in an instrument recorded in Official Records,and any amendments and/or modifications thereto which in part provide that a violation thereof shall not defeat or render invalid the lien of any first Mortgage or Deed of Trust made in good faith and for value. NOTE: Section 12956.1 of the Government Code provides the fGriowing: If this document contains any restriction based on race4'color,religion,sex,familial status,marital status, disability,national origin,or ancestry'that restriction violates state and federal fair housing laws and is void. Any person holding an interest in this property may request that the county recorder remove the restrictive language pursuant to subdivision©of Section 12956.1 of the Government Code, Reference to the records is hereby made for further particulars. S. A deed of trust to secure an indebtedness in the original amount shown below, Dated : January 29 2002 Amount : $456,000.00 Trustor : Bin Xu and Chi Zhang Trustee : PRLAP,Inc. Beneficiary : Bank of America,N.A.,a national banking association Recorded: February 12, 2002 under Recorder's Series No. 16104671 Official Records Address : 275 Valencia Ave., PO Box 2334,Brea, CA 92822 Loan No. : 6665741713 6. A deed of trust to secure an indebtedness in the original amount shown below, Dated: March 8,2002 .4motwt- $50,000.00 Trustor: Bin Xu and Chi Zhang, husband and wife as community property with the right of survivorship Trustee: Master Mortgage Company,a California Corporation Beneficiary : California Federal,Bank Recorded: June 5,2002 under Recorder's Series No. 16299766 Official Records Address: PO Box 980880, West Sacramento, CA 95798-0880 F Loan No. : 4834897961 Y • 04e No.3 File No. 11069227 287- KHN NOTES: a. Date last insured: 2-12-02 b. This report does not reflect requests for notice of default, requests for notice of delinquency, subsequent transfers of easements,and similar matters not germane to the issuance of the policy of title insurance anticipated hereunder. c. if this company is requested to disbu6 funds.in connection with this transaction, Chapter 598 of 1999 Mandates of the California Ins;omce Code requires hold periods for checks deposited to escrow or sub-escrow accounts. Such periods v�Yendi� n the type of check and anticipated methods of deposit shouldcbe discussed with the escrow officer. Y d. No endorsement issued in<connectioh with the policy and relating to covenants, conditions or r restrictions provides coverage for environmental protection. e. PROPERTY TAXES,including any Ossessments collected with taxes,for the fiseW year 2001 2002,a lien,shown:as follows: ; 1st installment $11I41.09 .d 2nd Installment $1,141.09 aid Assessor's Parcel No.357=12-038 Pode Area 63-076 Land $121,968.00 IMP,$57,944.00 PP NONE Exempt $7,600.00 f. According to the public records,no Deeda conveying the prpertjr:described ua,this rtrpott have been.recorded'within wperiod of two �_y s=prior to the,d Qft�is report,e�ece showin herein— Grantor: Maurice E.Leves4ue,Jr.,a single man Grantee: Bin Xu and Chi 23jang,husband and wife as community property with right to survivorship Recorded: February 12,2002;under Recorder's Series No. 16104670,Official Records. g. There,is an additional$10.00 fee for recording a deed with a Legal Description other than an entire lot on a recorded fmal map. f �r f c . 04e No.4 File No. 11069227-287- ECHN SCHEDULE C LEGAL DESCRIPTION All that certain real property situate in the;Unincorporated Area, County of Santa Clara,State of California,described as follows: Beginning at a point in the center line of 7yme Avenue formerly Buena Vista Avenue(40 feet wide) that is distant thereon South 100 feet fro the intersection of said center line with the East prolongation of the South line of Tract No. 139 Steven Creek Subdivision Map No. D according to the Map thereof of record in Vol.4 of Maps,page 43,Santa Clara County Records,thence along the center line of Byrne Avenue South 50 feet,thence West and Parattel with the South line of said Tract No. 139 and the East prolongation of said line, ISO feet;thenc North and parallel with the center line of Byrne Avenue 50 feet*thence East 150 feet to the point,of Ieginning being a part of Southwest one,<uarter of Section 14, Township 7 South6 Range 2 West;M.DA&M. { ARB No: 357-12-38 APN No: 357-12-038 f t1 /m iance fif.le Notice in accordance with Section Lion 1805 dt 26131 of the Revenue b 7 ax tion Code,a buyer may be required to withhold an amount equal to three fit one. third percent of the sales price in the case of the disposition of Cal famia real property interest by either: 1) A seller who is an individual with a last known street address outside of California or when the disbursement instructions autho ize the proceeds be start to a financial intermediary of the seller. or 2, A corporate seller which has no permanent place of business in California. The bnyer may become subject to penalty for failure to withhold 8n amount equal to the lesser of 10 percent of the amount replied to be withheld or five hundred,dollars(2; 0.00). However",notwithstanding any other provision included in the California statutes referenced above,no buyer will be required to withhold auy amount or be subjtrt torpenalty for failure to withhold if: 1j The sales prig of the California teal preputy;conveyed does not exceed one hundred thousand dollars(SI00,000.00). or 2) The seller exetsttcs a written.certificate, under the penalty of perjury,certifying that the seller is a resident of Califomia,or if a corporation has a penitanent p)m of business in CWifomia. Or 3) The setter, who as an itullvtdual,executes a ' certificate, under the penalty of perjury,that the California real property being conveyed is ther.seltr�r's grtnctpal±residerrcx(as ed in section 1034 of the internal Revenue Code). The seller 'subject top raltg%fpr torovvt ly#ilnrig,a f attduIW Mcue for the purpose of avriding the withholding requircmem. The Catumnia statutea referenced abo fnclnde pzovi ='-whi authorize the Franchise Tax Board to grant reduced withholding&waivers finis withbal ft one case-by-rase basis. - The parties to this tratr ctrot should.s6 an attoritey's,accot ntant's, or other tax specialist's opinion concerning the effect of this law on this trensactiort should trot act-ors array staf taints trade or omM'cdlxy the escrow or closing officer. fi -r. Flease. ollidl" crow►Officer if your answer is "Yusr iD a0Y-�f tlae foHow-in questions s At any time during the precedit g 6 Months,has there been,or is there currently,any work or construction of improvements on the proper ♦ Are any of the parties vesteht in title;on the property herein currently incapacitated or Deceased? ♦ At+e anj+of tbepatrncipails of the t>atnsatan inientng to use a Power of Attorney to execute any of the documentation involved in this ttoi35s�$Yan?'` e Has thew beorn ti resent ehatigdofttiarital ssazas u°atny of the principals involved in this transaction? e Is the property herein itttettdedtu be tried cyto a Trust,Pardrership,Corporation,or Limited Liability Company? o pa the sellers of the prmpoMy resisie mrtsitle the state of Califotttia? • Will the.property deaaribed heroin be part ofa Tad Deferred Exchange? In order to better serV,'eyoou, We ask that you remember: ♦ All parties signing documents must have a valid Photo Identification Card,Drivers License,or Passport for notarial acknowledgment. ♦ Please call your Escrow Officer with any Loan or Lien payoff information,if required,so we may order payoff'demands in a timely manner,&. advise your Escrow Officer of any loan that that are to be assumed by the buyer. • If parties are abttrining a loan, Escrow Officer wild n W to have the FirelHazard Insurance, agent name&phone number to add the new lender on f%e policy as,a loss payee. ♦ if there is to be o change of owri0 ip,it will be a for the panics acquiring title to indicate haw they would like to be vested.Alliance Title has a works)tect availal�te titat.vr�ll brieflytplein a of the various ntethods of holding title(please feel free to request a copy from your Escrow Officer).Now Eaeh'tnetlitrd fey which you can hold title has different legal Wor tax considerations bt parties are encouraged to obtain advise fpom an Attorney,CPA,or &ttowtbdgeabte in this area. RdIM Policy for Customers .; Stye will ttatit ntti:sttstotet to any external non-affiliated organization unless we have been anth Other,ot'Are- equI, by lk* ,z, 4Y )aM35-70.1. Page 1 Got V C, dyn GD foul 0 a ytl Ct1, �V' jj a N 004,�,� u o It y R d y _�"-otON d ; N t��� �b g a • � � Si iro"" ri �e��� I cr71 d vl < R "i) d• � z a I o d C4 s `dig N � ob Cal a'Bti-..g a� . t4 z eti 'g+ o I •,• u all ,I$� I a "o a i %. d 3nn�nv ., c OOi t3-t!5 �' d I r a m 4 0 EXHIBIT "A" LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS Note: This Exhibit reflects the matters which are excluded and excepted from cc-crage in the 1990 CLTA Standard Coverage Policy and the i 992 ALTA Extended Coverage loan Policy with ALTA endorsement-Form I Cov rage. if the issuance of any other type of pa:icy is anticipated,the escrow olTresr should be contacted to determine the applicable exclusions and exceptions. 1"2 AMERICAN LAND TITLE ASSOCIATION EXTENDED COVERAGE LOAN POLICY WITH ALTA ENDORSEMENT-FORM i COVERAGE (EXCLUSIONS FROM COVERAGE 1.(a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to(i)the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or locations of any improvement now or hereafter erected on-the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv) environmental protection,or the effect of any violation of these laws, ordinances or govemmeatal regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or ali%.--ci violation affecting the land had been recorded in the public records at Dam of policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resuldng from a violation or alleged violation affecting the land has been recorded in the public records at date of policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at date of policy,but not excluding from coverage any taking which has occurred prior to Date of policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,lions,encumbrances,adverse claims or other matters: (a) created,suffered,.assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at date of policy,but known to the insured claimtrnnt and not disclosed in writing to the Company by the insured claimant prior to the date the insured clair.. _an insured under this policy; (e) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to date of policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory liens for services,labor or materials,or to the extent insurance is afforded herein as to assessments for sbcet improvements under construction or completed at date of.policy);or (e) resulting in loss or damage which would not have beer►sdustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at date of policy,or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. S. invalidity or unenforceability of the lien of the insured mortgage,or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth-in-lending taw. 6. Any statutory lien for services,labor or materials(or the claim or priority of any statutory lien for services,labor or materials over the lien of the insured mortgage)arising from the improvement or work related to the land which is contracted for and commenced subsequent to date nf policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at date of policy the insured has advanced or is obligated to advance. 7. Any claim,which arises out of the transaction crewing the interest of the mortgagee insured by this policy, by reason of the operation of fed=W bankruptcy,state insolvency or similar creditok-c'rights laws that:s based on (1) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer,or (h) subordination of the interest of the insured mortgagee as the result of the application of the doctrine of equitable subordination;or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer accept where the preferential transfer results from the failure: (a) to timely record the instrument of transfer,or (b) of such recordation to impart notice to purchaser for value or a judgment or lien creditor. EXHIBIT"A" -continued • CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY- 19" EXCLUSIONS FROM COVERAGE 1.(a) Any law, ondinancc or govett MCMI regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or locations of any improvement now or hereafter erected on the land;(ii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of thine laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land had been recorded in the public records at date of policy. (b) Any governmental police power not excluded by(a)above;except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged'violation affecting the land has been recorded in the public records at date of policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at date of policy,but not excluding from coverage arty taking which has occurred prior to date of policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters (a) whether or not recorded in the public records at date of po0cy,but created,suffered,Assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at date of policy,but known to the insured ciaiment and not disclosed in writing to the Company by the insured Claimant prior to the date the insured claimant became an insured under this policy.; (c) resulting in no loss or damage to the insured claimant; (d) attaching or crmod subsetluent to date of policy;or (a) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the estate of interest insured by this policy. 4. Unenforcembility of the lien of the mortgage because of tine inability or failure of the insured at date of policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with applicable doing business laws of the state in which the land is situated 5. Invalidity or uneaforceabilby of the lien of the insured mortgage,or claim thereof,whir'.arises out of the transaction evidenced by the insured mortgage and is basal upon usury or any consumer credit protection or truth-in-'ending law. 6. Any claim,which arises out of the transaction vesting in The insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender,by reason of the operation of federal bankruptcy,state insolvency or similar creditors'rights laws. EXCEPTIONS FROM COVERAGE 1. Taxes or assessments which are not shown as existing liens by the-ecords of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts,rights,interests or claims whicli are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession there 3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records. 4. Discrepancies,cottfliets in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by the public records. 5.(a) llnpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights,claims or title to water,whether or not the staters excepted under(a),(b)or(c)are shown by the public records. Clte'uf Cupi•ri (fell - • Nbt2.1YIVii pFGl.AttJlYlt�H•' • May 21 . 1984 As pruv Wed by .the ha virtantnntal. Assessment Qrocrdure. adopted by the City t:ounci l or tic• City oa. L'upert ivo an March 27. 1973. as amrndud, tlta fol towing described project was granted a Negative Declaration by tine'City Council of thta City of Cupertino ton May 21. 1984. Pr !, Oct Descrigt loin and Wratton Application 4-EA-84 Applicant: City of Cupertino (Old Manta Vista area) Location: Generally bounded by Granada Avenue to the north, Imperial Avenue to the east, ticCleilan Road to the south and by the :westerly boundary of the Blackberry • Farm Golf Course io the crest. Discretionary Action Request: Preaone and rezone approximately 97 acres within the Old Monta Vista area to Rl-B (Residential Single-family). K1-7.5 (Residential SinAte-family), P (Planned Developmpnt with a Residential 4.4-1.2 dwelling units per gross acre)'* P .(Planned Development with a Residential 4.4-7.7 dwelling units Per grass acre), P (Planned Development with Light fadustrial and Residential), P (Planned Development with Apriculture/Recreat loan I). and.BQ (Public Building) zoning districts. Findings of Deilslanaaaking Body . .Tate City Counrit.Sranted a Reaatii- e ' s nnistent with filet Co:neral'Plan act is r If this image appears cut-off or is not as legible as this _:. .;: ��• •y 4 atnin i s3a;• `:?' ` :-•; i,.. overlay,it's due to the poor quality of the original document •`4i.°;� q'�+F:; :: This is to certify that the above negative Declaration waa filed in the office of the City Clerk of the City of Cupertino on may 22, 1984. putt' City Clerk �� lnifie+.Study. - City of Cupertino E.- ronmentat Awassa Went Procedures E. A. File Number(s) G-FA-R4,___..� Application File Nuwbe,(s) I-7-84 Data Febru nry 27, 1984 The Cali-far -'a Eavironmencal Quality Act of 1970, as amended, ragr;ras publi_ agencies to evaluace pub3ie and privace projects to dete--mlne tha r poceneia-, impact on the envix-onment. , 1 This worksheet is intanded to provide guidance for both you, the applicant, =d City o ff?cia3s in assessing a proposed proj act to Beta.-sae whether it.ma7 or may not have a significant impact on the envLsoua=t. If,used capon the iafo=at+on prW-c'ed below, the Cit7 manes a dete- cn gnat your Project may have a significant impact on the eavZ':avI=ent, you.wil? be -raqui--ad to prepare as Eav ronmenta?. TTaippacc Sepors as provided by Stare I-v and the C.ty of Cuper,_,Ino's Emvj onmentzi Assessment requ:Lre ts. . Detai,ed I=iormation regarding the 'environmental assessment procedure, is av- ?.- able from the Director of Planning and Development. Port! infornction to be carripleted by the applicant Project Type (Pru)Zcni=gCX , Tentative iiap ( 1 Other �1 Use Perm:tf Variance 00 hQllLa :4SCA ACOT ReueCally uounuec ®y Granacia Avenue ea t5e norta liperLa: Location Avenue to the east. McClellan Road to the sc .th and by the westerly boundary o the alacituerry Farm C l$ course to tale WERE. Applicant City of Cupertino Address of AppL+caae 10300 Torre Avenua. Capertino, C.� 95014 P:sone (40Ei) 252-4505 Genera? Deicripc_an o; Project P"-ezorte and rezone the -above areas to zoning districts consisteccc with the Cancral Plan. Tice nroic,.r site contains apprnaiaastely Oesc:i.pcion.of Project (cont'd.) Scecific Details of the Proiecr of Site N/A 2. Inten.si C7 of Development (a) L residential: (1) Nc=iber of units pez gross acre (2) Residents-1 NnIt Schesluld: - Owner- No. of S$r'.a Es�ac�a Loca-1 Re:staL ship Bedro®os Sq.f c. Sal-as Pv:s INUmber Unit the Unit type 02 i Unix t7pe 03 Unit type 04 ! [ 1 1 Unit type 05 (3) Per`cantage is area of building coverage Percentage in area of recreational open space (4) Park2=g raqu:Lr Pa..1ag proposed . (b) IL ea�sae:disl . Indus coal, or institutional: . (1) Hu_3d=ng square fcotags (2) Percentage o: building cove",33c Of sire (3) Esti=ca of man~ mum nm*er of employ as per shf £t (L) Pa:k;Lad required �,, Par!c:.ag psoposad Oues_ions Related to Potential Impact of p-ciect Y :A. social/Cultural Impacts: Yes Mavbe , 40 (1) Fill the proposed project result in the "dos- placement of .peopleT WLIII the project alter the employesenc basa Of, the co=un4-7? X e� (3) 14{?1 1 the pro j ec_ a!ter the housing ne_as of the c_r=unit'? (4) Does the proposed proj-ect affect a histsrcieall or archaelogita.1- nice? Y (Note 1) (Page 4) R. Physical ?.apacts: (1) Will the project rasu?t in a crags of a body of water, vegetative cover, or land form? g (2) Wi1.1 the project ras4-It in a change is a scenic view or vista from we-sting residential area or public lands or roads?. (3) WiZ the project change the deve opmeac pattara, state or character of general area of project? . _ X (4) Will the cons,— scrion and/or operation of the project result in siguificaae amount of solid waste, litter, dust, ash, smoke, fumes or odors in the vicinity? R �e (3) W411 the prc;ect result in a change is scream or ground *.Pater quality or qua;at=ty or a?tera- t_on of e:=s t .ng dralage patte-s? 0 X s (6) Will the project substantially change 01"d Zing noise or v'ib ra cian levels in the vic cud ty? �.x (7) Is the project sits on fired lend or an ' slope of 10Z or g=eacar? _x (a) Does the project involve the usa or disposal . Of Potentially hazardous materials such as t2mic substances, Flammable or e-P'osile? - ...... Y. (o) Is the project a phase of an eCscing or :•store larger project of series of projec_s? .—.�... a. Desc:iation of c.ye Eav{ronmemeal Sectins: Provide the following -iafox:iation on a separate actachmanc: (1) Describe .the project site as it 'e:::Ls:.s before the project, including f.nfarmation on topography, sail scabill y, plants and anima?s, aad any cultura?, historical or scenic aspects. Describe any existing structures on the lice, and the use of structures. A plot plan may, be requ-4red for the descripcioa. (?) Describe the su-rcund{ng.p"Per=ies, _rc'_ud_rg ia!Qr ::Lcn cc Plants and aalmals and any =—ell cal, histoz- call or scenic aspects. . Ind_4cate the cppe of land use (r€.s'denz dal, =mmer- cio],, etc.) , incensic-1 of land use (cue-family, apad=ant houses, shops, depa-_zmenc stores, etz.), =d scale of devel- opment (height, f :atage, sec-bads, rear. bard, ecc.). =77CATION: I herab)r ceztU7 that the statements furn:saed above and in the attached tzhibi.ds press the data atd irfor- macian required for this iniciall evaLuatieu to the best of my ability, and rSat the facts, statements, and ia:orssa•..roa pre.. sented are trrze and ea act to the best of my kac-aledge, =d Da c e,MARJ-J-4f /1� - r r-�r+,�✓ (Signature) sar_lr t-r 4VV CwPERftiUo (l} The project site is comprised of existing, urban deve7npment including :i acre gulf course and picnic ground recrrstion complex. The entire area has general historic value. A Cew structures mai have greater historic.:l value as separate, entities. The rerrertinn complex in located Ln the 100=yeas r_ eviris t flood plan En r Stevens Crack. (2) Ilia project area is bordered by the Old -onto Vista C:oamereiat District to the north, by the Nest Valley Industrial Park to the east and by single-family residential neighbochnods to the south and vest. Fart !i lnf®rmchan t6 6e c®rnpleted by CRY Officials. . A. Primary General Plan Considesat.'_ons: yas Maybe No (1) Is the projeco in violation of the C=try of Cupertino`s adopted General Pam? Y (2) Will the project burden pub-3+c ucaI4:48s and s e:-vices (a) Fire and police se'-74-ces X (b) Parks and recreation systa= (c) Sc.hcols xe (d) Water system (a) Sewer ;sgssem (f) sto= sgst= ` x (g) Solid Waste x (3) Is the project side cmiside of the Urban ser- vice Area of the Cit7 as defined by Santa Clara County' Local Agency F*=aatioa CoM+ss on? • x S. SocaaL/Cultura. Impacts: , (1) Will the proposed project rasulc in the dis- placement of people? .. �._. �._...... (Z) Will :the project alta= the eup_oymeat bass Of the caity? .�r� (3) Wit the project altar the housing needs CC the ca R=-1 ty? __._r_ o.R.� (4) Does the proposed project ai.-'ect a histori- . cs? o r archael ogitrl s ate? ..+X (�) Will the proposed project G-1 i=ivats ®:% ems:swing res a.tional. use at the project s_:a' �_.x_. (6) Does the proposed project decra4se pub Lit access co any publ!c body Of t.Cesr or recr am- y t•��.1 area' A (7) Wi:: t o proposed projec- alter the lo=ticr., distribution, density or gtc*ch, rate of the human population of' ',area? :� -(8) W41 I the project result in: Yes Ma be (a) The disturbance .af a nata.ral or man-made feature is the project area which is unique? (b) The obstruction o: a xcenlc vista open to the public? � C. Physical Lspacts: (?) Will the proposed project result in the e--c-losure oz pepple or proper.; to geologic ha4ards such as ea_zhquakes, landslides, mudslides, g-i z=d fa'?ure or si +mom` ha--adds? x (l) Will! the proposed project result i=: ' (a) tastable earth cared-4 ions or changes in geologic substructures? X (b) Disruptions, displacements, eampact.—d on or avercoveriag of .the sail? x (e) Change in t©pography or ground sVrfacz ra ief features? (d) The dest%vetion, cage_-ia$ or modifica- tion of hay unique geologic or Physical- feature? x (ej Any iacrease is wind or =car erosion of sail-, either an or off the site? X (3) Will the proposed project result in: . (a) Substantial air emissions or deterioration . Of ombient air qvv-1It7? X (b) The creation of objectionable odors? Y (c) Altera;a,on of air mov=euc, moisture ox temperature, or an*' change is cl.=te, either locally or regionally? Y (4) W{!i the proposed project result in: ' (a) Changes is absorption ratas, drainage Patten.s or the race and amcunt of surface weer rMof f? R (b) Alterations- to the caurae or flow of flood waters? X (c) Discharge into surface waters, or iea any altencciar of surface water quslit7, including but not limited to temperature,- dissolved u7gen or turbidity? X . •(8) +�1 the •praj act result in Yes Maybe (a) The disturbance o f.d narural or min-made' " featsre in .the pso ject area whic.z is. unique? (b) The obst_-sction of a .sce:ic vista. opera to the public? Y C. Phy::cml Lpacts: (1) W{w the proposed projec_ result in the w-cposu:e of people or-property to geologic ha.azds sate% as ear:.`tquak:s, lands-'ides, ds'ides, g__-=d fofw�tieZ Ow' S� 'aSF.r hose+:�.S? x (l) Will the proposal project result ia: (a) Unstable earth conditions or changes is geolog;tc substraetures? x (b) Disruptions, displacements,. compaction or overcaveiring of .the SOLI? X• (c) Chan a in topography or ground surface re-Lief features? X (d) The desrsuc,: on, covering or modifica- tion of any, unique geologic or physical . feature? g (a) Airy increase in wind or rater erosion of soiI, either an or off the sat a? X ' (3) Will' the proposed project result in: (a) Substantial air emissions or decarioration of ambient -_ar quality? X (b) Yiie ceeacion of objectionable odors', g s (c) Alteration of air movement, moisture or temperature, or any change in climate, either locally or regionally? X (4) W+?11 the proposed projectresult in: . (a) Chinges in absa:?c:oa rates, drainage pact ras or the rate and amount of su_facs water runoff? X (b) Altadations to the course or flow at flood watai..s? Y (c) 03sc:aarSe into surface waters, or in anq alteration of surface water quality, including but not limited to 'temperature, . diaoolv,ed. c%7z%n os •turbidity? . Yes Kavbe Ra (d) A tera.c;on of the'direction or rate_ of flow of ground water? - Y •(e) Change Ln the quancicj of ground waters, either through direct additions or wica- drawals, or- through interception of as aqui°er by errs or excavacion? v (f) Substantial' reduction in the =cunt of t-ster otherwise availlable for public cater supplies? X (a) E=pcsure o f people or p=perzv. to cater- ra?aced hazards sueh as flooding or e;.da-I cave. ;{ (S) Will the proposed project result in: (a) Change in the diversity of spec es4 or au:iber Of any species of plants (including cress, shrubs, g-ass, crops, and aquatic plants? .�....� X (b) Reduction of the numbers of any unique, rase or endangered species of darns? X (e) Introdu.:ciou of nei species of 101ancs into +� an area, or in a barxier to the normal replenishment of ez stiuL� species? X (d) Reduction in acreage of nay agricultural (a.) Change in the diversity of species, or numbers of nay species of animals (birds, land a•,;mom's including repc{?es, fish and shellfish, beachic organism or insects)? g (£) Reduct4on•of the nusibers of any unique, . rare or eadangerad species.of- an{�? $ (g) Introduction of now species of- n*'- into an area, or result is a bar-ziar to the migracica movement of animals? (h) Dc?ericrat;on en e,.ist:ng fish or w i dq iFFe habitat? (6) WL1.1 the proposed project result in: (a) Increase in wdsciag anise levels? X k, (b) E»posurs of people cc severe noise levers? (7) Does the proposed project sigcificanclq afect the po tens±.al use ex;racCiGn or conservation of a scarce natural resource- such as agricultural a inineral. deeositt or woodland? • Yes M.-vbe • (g) Will che••proposed pro ject involve the use,, storage, or disposal of hazardous maea>:ials? (®) till the proposed. pro jecc irssulc in: (a) Use of subscantia3. amounts of fuel or energy? R . (o)•• Substantial increase in demand upon exis:i:.3 sources of energy, or.requi-e the development of aw. sources of eue--V? g (10) iei-1 t a proposed przziect resist in: (a) Generation of substantial additional. ar movement? X (b) Effeccs on es?stiag pang facilities, or demand for new parking? c) Substantial impact upon ccisting traasportz tion systems? (d) Al' ceraticus to present patterns of circula- tion or movement of people and/or goods? _ ... x (a) ALterztj=S to waterborne, rail ;jr air traffic? I (f) Increase ig traffic hazards to motor vexes, biepcl i.ts or pedestri, s? (11) Mandatory Findings of Significance: (a) Does the project have the potential to deZrade the quality of the e.•avironmenc, substand ally reduce the habitar of a fish or wildI-1-fe species, cause a fish or wildlife population to drop below saLf-sust.&WIng levels, threaten to eliminate a plant or anizal c0MMUnit7, reduce the number or restrict the rangy of a rare or endangered plant or animal,or elimiaate important e.-camples of the major Periods of Califoraia history or prehistarl? X (b) Does the project have the peteacial to achieve short-tz=, to the disadvantage of long-te=, enviromn-aeacal goals? (a short- tars impact on the eaviroument is one which cc-curs in a relatively brief, defiaative period of time, while long-tee i»pa:a v=.=1 endure into the future.) X Yes t'.a.,Se . No (c) Does the project have impacts which are individually limited, but c74mlativel7 con-; side able? (A project •may impact on e.:o or - more separate rescuress where the impact on each resoc.=e is ral atinnaY smal-1 , but vbere the effec_'of the total of those izpo^ds cn the et:v!-aaaenc is sos�:c+=.) X (d) Does the praje_c have e--v.raraental e:.e__s which w iiI cause substaac'- adverse affects on human beings, either d_sas:ly or 1--iirec--1 q? Oisc•_ss n o�' Envirocnenral. E7aln on (Note: Use add-ItIonal sheets if hecassa-7.) On the basas of this initial ew-uat:.an, the E•rniraumenta2 Reviss:.C.•mnittes finds: 1 That*the proposed project C0= NOT have a significant eftecz on the env'..--an- meat, and therefore rcc= ►ends the GBAHTII(G OF A NVGAXM DECLARATION. That, althouglx the proposed prc jest could have s si�.3.£icant if:est an the esavi ronment, there will nqt be a s't-gnifimmt effect in this coca becsusa - cf the mitigation its 064==bed on an attached sheet have been added to the pro j,ee=. It is rec�ded that A NEGAIM DEC%MTION BE PROAPM That the proposed pro jest [ have a siga.:8''.tant nffaet a the eavi— eat, k, and an Ea iRommr G Yt FACs OZ is requI. ad. . • Dace i'San, E-e-rol4mantal ReviewCama.t-c For