Loading...
HomeMy WebLinkAboutRainbow 88-01 Annexation iATION RAINBOW : : • z `� so�iRtslua. G'�: o E w d J SNfePovJW" LA. QpJtd6aw F D� SITE SGA LE ; - , O c aa.s �e. d! L OGAT I ON MAP N.T.�. "5At4 J 05E/ UPI ITI WO MUIJIGIPA!- EDRL,�AhJIZA ICtj -f- — -L — z�i I �. �• S e9 4 53'Dd W ® N F�A F 0\Ii DRIVE N \(FORMEP-LY r3Ub5 POAp) / f e I , „RAI 8v�'I U2. '�� ci �I 0.7,& ±�.C. vi �a -� � s 1 I L I M-_4- I �� 2' lZ v; 1 APN/ i Ros - . / _ -, 366-26-2� I v I 17 D.oo z 0 � ;/ P.D.S., N 89�53'DD"E UJ V� 1 ��SAty JoSE/GuPERTINo ... : ..� . � I Q00 ► ,��3©� BIZ 366-26-026 MORGAN, SOPH.IE M CCU L - *SUNG, TUNG-KUANG and CHIN-MEI 171 CONNEMA.RA WY SUNNYVALE, CA 94087 ED ANNEXATION APN. 366 -26 -25,26 To -TMF- GI7Y OF=- GUPERTINO 366-26-25 RAUSER, ARTHUR & DAGMAE L * SUNG, TU14G K ET AL ��'�'�71TLI 1✓ PO BOX 60623 ��' I� �C�/' ) SUNNYVALE, CA 94088 • I• �i 'c.� SGAI"E : I"= ICAO 3-8.85 STATE OF CALIFORNIA STATE BOARD OF EO UALIZATI®Id WILLIAM M. BENNETT rirsi District,Kertfield 1020 N STREET, SACRAMENTO, CALIFORNIA P.O. BOX 9d7S, SACRAM TO CA 7 CONwct, o C g l s Telephone ��16) 71Y M � Second District, Los Angeles OCTUBER 3* 1988 ERNEST J. DRCGNENBUR�, JR. Third Disinct,Son Diego PAUL CAF.PENTEk Fourth District,Lo,Angeles GRAY OAViS Controller, Sacramento CINDY RAMBO CITY OF CUPERTINO E<erut,e Secretory 10300 TORRE "AVE., CUPERTINO CA 95014 IN REPLY REFER TO: Local Tax Unit RAINBOW 86-01 ANNEX. TO CUPERTINO. (RES.7485) Gentlemen: The filing of the above-noted annexation does not meet the requirement for local tax purposes. 411 Article II, Paragraph J, of our Agreement for State Administration of Local Sales and Use Taxes provides that the city agrees to furnish two ,aps of the annexed area with appropriate addresses for city sales and use tax purposes. Annexaticns are processed by this Department to identify any business in the area so that your city will receive the local sales and use tax collected. Please send two (2) maps with street addresses inserted or with two lists of all streets with inclusive number. In either case, the streets must .be delineated on the maps. If the territory is undeveloped, a statement to that effect should be placed on the map. The maps should clearly define the existing city limits and the area which has been annexed. If the annexation map does not show adjacent city streets, then a locator map should also be provided, also, when the city and county are using different block numbering systems for the same area, we should be provided :ith both. You can send the maps directly to the Local 'tax Unit, Department of Business Ta,:es at the above address. The annexation will bt processed for local t-x purposes as soon as the maps are received. Sincerely, L. D. ?Iicheil. SL'JerV1SJr Local Tar Unit F, M. PuCCl Area Cou(E Clerk ?; '� A-1/14612\ Please r ec or., witnout rtrts� �tw t _ . (60vt. Code Sec. 6103) . ? , . "� � Y L . ._ " � 9 'c�®(� ��,� Q � � Court of Santa Clara U i 10 k CORD 11E. CIE California Locai AgenCT saffletta+Conentsston Juu 28 3 ���+ PM '88 County Govem"writ Center Sol VNinp - _ ... To West Wow!np Stet man Jose Ceutorn4 95110 OErIC;A: RE CORDS 990d321 Area Cope 4C* ry� SANTA C!ARA COUNTY LAURIE KANE CERTIFICATE OF COMPLETION Rc.i:ORDER f_h " + I . Sally C . Logothetti , the Assistant Executive Officer of the Santa " Clarc County Local Agency Formation Commission , issue this Certificate .. t of Completion pursuant to Sections 57200 and 57201 of the Government Code . I hereby certify that I have examined the resol,,►tion for a change in organisation) attached hereto and have found this docu- ment to be in compliance with Section 56826 of the Government Code authorizing cities within the County of Santa Clara to assume author- ity over certain changes in government organization. The name of the City is : Cupertino The entire City is located In Santa Clara County . The change of organization completed is an annexation A map and description of the boundaries of the change of organization is appended hereto . T.te title of this proceeding ia : RAINBOW 88-01 (uninhabited ) . The change of organization was ordered subject to the following terms and condicions : None. The date of adoption of the City resolution ordering the change of organizationMMOVVVemovew is May 16, 1988 Dated June 28, 1988 yZ� (� /yrcCv Assis ant E cu�6fficec Santa Clara County Local Agency Formation Commission Att : City resolution Nap Legal Description An Equal Opponunft Eetptoye, • OFFICIAL RECEIPT I,�uMBER COUNTY OF SANTA CLARA 483 'I•'DEP >�RTNIENT FUND DATE AFcp ii RECEIVED OF. !ADDRESS , 7� FOR: ✓ c .� - - �� r ------------------- -- --------------- rt I, si REP KS . TOTALAMT.RECEIVED �'ECEIVED- COUNTY OF SANTA CLARA MBF. AM— / �4 / B� �L ''�'��7✓� 9_ LL ���L / t( .0 2/� (/ (a�- CITY uupertino DATE OF FILING 6 28--88 Ordinance or Resolution: Uninhabited - Rainbow 88-01 res r square 1. Area involved in the annexation? 01 7 (aces) 2. A. Assessed value (exclusive of all exemptions except the homeowner's and busi- ness inventory exemptions) of annexed area on the county assessment roll as of rch=1, 1988 (see item 4 below). B. If estimated how was the estimate dera..,ed? 3, A. Assessed value of state-asaassed properties (if known).` / /n B. Is this estimars ancluded in item 2A above? Yes No C. If not known, are there any significant state- assessed properties located in the annexed area? Yes No D. If yes, please list the utilities and describe briefly their properties: 4. We would prefer to receive assessed values as of March 1, 1988 rather than March 1, 1987 Values as of 1987 are acceptable, but some estimate of the assessed valua changes between the 1987 and 1988 lien date: is needed if there has been any significant activity in the annexed area between these two dates. If 1987 data is submitted, please indicate so by correcting the year in item 2A and provide an estimate of value changes here. RETURN TO: Signed Research and Statistics Division State Board of Equalization Title �_4j A� P.O. Box 942879 j p Sacramento, CA 94279-0001 Date v®.r �0i so. ,xo a„ 10300 Torte Avenue Cuptr ino, California 95014 _ 408)252-4505 Alba 0 vuMMARY AGENDA CTEM NUMBER 30 AGENDA DATE_ May 16, 1988 SUBJECT AND ISSUE Consideration of anneXation of the area designated /°Rainbow 88-01", southwest corner of Rainbow Drive and Stell.iM Road (Property owner: Sung) . BACKGROUND Mr. Sung has informed the City that he does support annexation of his property designated "Rainbow 88-02" to the City of Cupertino. Attached is a copy of his petition for annexation. STAFF RECOMMENDATION Adoption of Resolution No. 7485 ordering annexation. APPROVED FOR SUEM SSICIl TO THE CITY COUNCIL: bert W. Quinlan, City Manager ON of CuPcrti»® Office of the City Attorney 852 N. First Street,Third Floor San Jose, California 95112 (408) 971-6411 May 5, 1988 Gordon N. Ranson Ream, Roskoph & Busselle 755 Page Mill Road , Suite B-100 Palo Alto, CA 94304 Re : Annexation of Property at Rainbow Drive/ Stelling Road--Property Owner: Eric Sung ; 15-TM-87/APN 366-26-26; 366-26-25 Dear Mr. Hanson: Enclosed is a copy of a proposed Resoluti :,n for the annexa- tion of your client 's property. This matter will be heard by the City Council on May 16, 1988 at 6 : 45 p.m. at the Cupertino City Hall . If your client does not file a written protest or does not appear at the above date and time in person or through coun- sel , the City Council will undoubtedly adopt the resolution which completes the annexation. I am sending you this letter because Mr . Sung must now decide whether he wishes to be annexed by the City. If he does noth- ing , his property will undoubtedly be annexed on May 16 . If you have any questions , please call . Sincerely, Charles T. Kilian City Attorney ss Enclosure cc : Dorothv Cornelius REAM, ROSKOPH & BUSSELLE A PARTNERSH'P !NZLUOING PROFESSIONAL CORPORATIONS OANIEL ALEAANOER ATTC?RNcYS AT LAW ROBERT L. BOUCHIER- 755 PAGE MILL ROAD, SUITE B-100 DAMES P. BUSSELLE CHRISTOPHER REAM PAL7 ALTO, CALIFORNIA 94304 PAUL H. FOSRC.�H' GAIL E. SUNIGA R. SCOTT SEHM TELEPHONE (415) 494-7133 TELECOPIER (4151 494-O774 CYNTHIA CALDEIRA 'A GROFE551ONAL CORPORATION VIRGINIA R. COLES ROBERT B. GRUNER GOROON N. HANSON OUR FILE NUMBER THOMAS E. MOORE III ELIZABETH ROTH March 23, 1988 SUN03 2649 558/GNH Hand Delivered City Clerk City of Cupertino 10300 Torre Avenue Cupertino, California 95014 Re : Annexation of Property at Rainbow Drive/Stelling Road Property Owner: Eric Sung; 15-TM-87 APN 366-26-26; 366-26-25 Dear Ms . Cornelius: In March 14, 1988, Eric Sung requested the City of Cupertino to stop the annexation proceedings for the above- referenced parcel , and confirmed that request with his letter of March 1411, 1988. Following a meeting with the Director of Public Works , the Director of Planning and the Cit-J Attorney on March 22, 1988, Mr. Sung has elected to continue the annexation proceedings , and requests the City of Cupertino go forward with those proceedings . Mr. Sung's decision is made in reliance upon an opinion from the City Attorney, Mr. Kilian, that Mr. Sung is not irrev,-)- cably committed to the annexation process , but can abandon it if required by later events. Very tryly yours r /non v Gordon N. H GNH/scb cc: Eric Sung Bert Viskovich Robert Cowan Charles Kilian, Esq . ,2 Eric Sung 171 Connemara Vay Sunnyvale, California 94087 March 24, 1988 City Clerk City of Cupertino 10300 Torre Avenue Cupertino, California 95014 Re: Annexation of Property at Rainbow Drive/Stelling Road Property Owner: Eric Sung; 15-TM-87 APN 366-26-25 Dear Ms. Cornelius: This letter was requested by Mr. Donohue of the Public Works Department regarding my request for annexation of the property :listed above If the building permits for Lot 3 on the iaLcel Map (Book 554 of Maps Page 49) Pre issued as requested by me, I will not protest the annexation of the approximate 15 foot strip of land along the edge of Lot 3. Very truly yours , �Llf�, '4�—r Eric Sung Department of Planning and Development Ottice of ON County Surveyor County Government Center.East Wing 70 West Hedding Street 95110 �L11ity®�Santa Clara San Jose,California(48) -2871 (e08)299-2871 California ---- , - March 16, 1988 ' ` Dorothy Cornelius, City Clerk City of Cupertino P.O. Box 580 Cupertino, CA 95015 The attached map and description o; territory proposed to be annexed to the City of Cupertino entitled RAINBOW 88-01 is in accordance with Government Code Section 56826. The boundaries of said territory are definite and certain. The proposal is in compliance with the Commission's road annexation policies. JAMES F. SIRR, County Surveyor by Zi� Deputy Attachment cc: LAFCO Executive Officer (w/attachment) Lavenia Mil;ar, Public Works An Equal Opportunity Employer r - RAINBOR DRIVE 88-01 • (SUNG) All that certain real property situate in the County of Santa Clara, State of California, more particularly described as follows: Beginning at the southeast corner of that certain 0.463 parcel as shown on that certain Record of Survey filed for record in Santa Clara County in Book 74 of .taps, at Page 54, said point being at the intersection of the easterly boundary that certain annexation to the City of Cupertino entitled "Rainbow 85-04" and a northerly boundary of the San Jose/Cuper- tino Municipal Reorganiz<tion effective July 1 . 1979. Thence N 89053'00" E, 170.00 feet along the easterly prolongation of the southerly boundary of said 0.463 acre parcel, said boundary common to said San Jose/Cupertino Municipal Reorganization to the centerline of Stelling Road; hence North, 195.00 feet along the centerline of Stelling Road and said San Jose/Cupertino Municipal Reorganization boundary; Thence South 89053100" W, 170.00 feet along the northerly .sideline of Rainbow Drive (formerly Bubb Road) and its easterly prolongation to a point on the boundary of that certain annexation to the City of Cupertino entitled "Rainbow Dr. 85-04"; Thence South, 195.00 feet along the easterly boundary of said 0.463 acre parcel, said course being along said annexation "Rainbow Dr. 85-04" to the Point of Beginning. Containing: 0.76 acres more or less APN: 366-26-25, 26 Z j 1W 64.jix - 4'T O L C J SNADaw(N1LL LPI• 3 iZNNBow E D2• SITE m h I LOGATICN MAP "5Ar1 JoSE� UPC--1 ITI NO ' hr�uf.l�GIPAI. F{,EDR,C,�FJIZA icN°° ° ry _ ti • , N RAINBOW DRIVE 1-70.00 17CO.7�- 4 RA I ` Bowl Gk. ,. o r- cr ® 1 I� 366-26-25, � r r•7o.oo z V) vi I�tUNIGlF'AL �ORGAN ti ATiaN" � _ PIZOPO-,ED ANNEXATION A PIJ 366 Z 5,2( 7o -T"E GISY OF- 6UPERTINC) tiTi TL.�l% i2,AI ty a v, �GAI-E : I"= Ico' 3-8-85 leyn. 00A. S CONSTR ACe 171 �,.�;�►�w(A, LIE l`��([E 0 F 2158 S #2099501 (u"ye,(e, (A �` i j 1 D..TE ' NO (408) 996-8333De RTTE.N TloN LQy��-t�g H;CC2r \ 1 — AE TO ��'� p_-�C,,.��R1�'-C.,t�t�.L� I �l�hz'x�t�i o w�:Y�C�'4=d.� _ � a��►vi'G b>ti ! o3oz> T�YTe Ave . WE ARE SENDING YOU ❑ Attached E Under separate cover via t'(r. 5. the following items: ❑ Shop drawings ❑ Prints n Plans Samples ❑ Specifications ❑ Copy of !etter ❑ Change order fit' wrdQw C< �f.+xr' COPIES DATE NO. DESCRIPTION ^-1 THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections // ❑ Return .corrected prints ❑ For review and comment ❑ FOR BIDS DUE 19-- ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS_ COPY TO SIGNED: PRODUCI dal .n%r�l.c.cbo,,sm onn If enclosures are not as noted. kindly notify us at once. i ! CA�S i�w � ��'l Ste.w S S.¢ C�r� l/ l SantL Clara County LAFCO Ph. : (408 ) 299-4321 - Sec 'y County Government Center - 10t.h Fl . , E. Wing (408) 239-4716 - Exec . 70 West Hedding Street, San Jose, CA 95110 Officer SUPPLEMENTAL APPLICATION FOR MUNICIPAL AND/OR DISTRICT CHANGE OF ORGANIZ21TION OR REORGANIZATION OF TERRITORY This supplemental application must be completed in full and submitted , in original and 5 copies , with any petition or resolution of application to LAFCO for a change of organization (annexation or detachment) or reorgani- zation (multiple annexations and/or detachments) made pursuant to the Cortese-Knox Local Government Reorganization Act of 1985 (Government Code Sec . 56000 et seq . ) PROPOSAL DESIGNATION: "RAINBOW DR. 88-01" Annexation } t )to/from THE CITY OF CUPERTINO (City or Spec .District) ENVIRONMENTAL STATUS OF PROPOSAL X THE CITY OF CUPERTINO as Lead Agency for environmental review (Name of City/District) of the project , has already PRF.ZONES SEPT. 21,1981 (prezoned? other approval action? ) the territory on , and in compliance with CEQA, has : (date) determined that the annexation is categorically exempt from pro- visions of CEQA pursuant to Cal .Adm.Code Sec . (cite class exemption section) . X completed an Initial Study and Negative Declaration for the annexation, a copy of which is attached to this application. completed a Final EIR for the annexation, a copy of which is attached to this application. LAFCO is to be Lead Agency for the environmental review of the pro- ject and the completed Environmental Information Form required by LAFCO environmental assessment staff is attached to this applica- tion . (Environmental staff phone : (408 ) 299-2521 . ) Proposal is categorically exempt from provisions of CEQA pursuant to Cal . Adm. Code Sec . because CHARACTERISTICS OF THE AREA 1 . Number of acres 0.76 ± AC 2 . Numbef of inhabitants 0 3 . Number of registered voters 0 4 . Number of dwelling units 0 5 . a . What is the present use of the area (be brief , but specific) : VACANT b. Indicate the parcel. numbers of those parcels , if any, which are under contract with the County under provisions o-f the Williamson Act . C . What steps , if any. have been taken or are proposed to be taken to release the above parcel (s) from the contract? FILING DEADLINE : 5 : 00 p .m. on the first Wednesday of the month, for LAFCO hearing on the second Wednesday of the following month. 6 . a . For city annexations , what is the prezoning that has been applied by the city to the affected area (Note : Prezoning is a LAFCO fil- ing requirement for city annexations ) : Rl-6 b. Does the applicant intend to propose a change in this zoning if and when the territory is annexed to the city? YES NO X If YES, indicate the new zoning which will be sought. 7 . For city or district annexations, describe the development being pro- posed for the territory, if any, and when this development is ex- pected to begin. B . Do the boundaries of the subject territory conform to lines of assessment and ownership? YES NO X If NO, please explain the reason for non-conformity and provide justification for LAFCO' s approving the boundary change as proposed : A LOT LINE ADJUSTMENT TOOK PLACE ON THE WESTERLY BOUNDARY OF THE PROPOSED ANNEXATION AFTER THE ADJACENT WESTERLY ANNEXATION. 9 . Do the boundaries of any proposed city annexation create an island, corridor or strip of unincorporated territory? YES NO X If YES, answer the following questions : a . Number of acres in the island , corridor or strip? ( If more than one island is being created , indicate the acreage of each island . ) t. . Number of inhabitants? C . Assessed value? d . Land use and zoning in island , corridor or strip? e . Describe present and proposed sewer and water services in island : f . Does the proponent request waiver of restriction against creation of an island: YES NO If YES, explain why creation of an island is justified . SERVICES 10 . Is the territory proposed for annexation/ r / in the City or District ' s urban service are- 1 YES X NO 11 . If new development is proposed on the site, will this new development be permitted without community sewage discharging into an existing sanitary sewer system and disposal plant? YES NO If YES, what arrangements will be made to provide sewage disposal? 12 . Will the extension of sewerage and/or water services or the construc- tion of any public improvements to the affected territory be financed by the formation of a special assessment district? YES NO X If YES, describe service (s) or improvement(s) and the average cost per resident/landowner of the district . Service/improvement : Cost : /yr . for yrs . $ /yr . for ^ yrs . , 13 .• List all cities , special districts , ( including school districts) and County Service Areas located within the area of this proposal . (Ex- clude Santa Clara County Water District, San Francisco Bay Area Air Pollution Control District, County Library Zone, and Water Importa- tion. ) (Refer to County Tax Rate Code Book for this information) : CUPERTION UNION SCHOOL DISTRICT CUPERTINO SANITARY DISTRICT FREMONT UNION HIGH SCHOOL DISTRICT FOOTHILL COMMUNITY COLLEGE DISTRICT For changes in organization of Districts , list all cities within 3 miles of the subject territory: 14 . For city annexations, list those concurrent or future detachments from Special Districts which are proposed for this territory. LANDOWNERS AND REGISTERED VOTERS 15 . Please provide the information requested below: a . Owners of land* within the proposed annexation/detachmentt*reor- ganization who consent to this proposal should show their consent by signing and printing or typing their names and addresses , with date , below. (Signatures not required if proposal is initiated by property-owner petition; put "see petition" below and type or print in names, addresses, etc. ) Assessor ' s parcel number , assessed land (not improvements) valuation, and , if 100% property-owner consent has been obtained , certification by City/ District Clerk, must be added prior to filing. Hearing not re- quired if 100% property owner consent is obtained . Assessed Signature Street Address/ Parcel Value of Date Print name below City/State/Zip Tel .No . No. Land (408) TUNG-KUANG SUNG 171 Connemara Wy. 996-8333 366-26-26 $76,500 CHIN-MEI SUNG Sunnyvale, CA 94086 (Mailing Address) (408) TUNG-KUANG SUNG 171 Connemara Wy. 996-8333 366-26-25 $18,544 Sunnyvale, CA 94086 (SEE PETITION) (Mailing Address) ( If additional space required, continue list on separate sheet & attach. ) * "Owner of land means any person shown as the owner of land on the last Equalized Assessment Roll ; where such person is no longer the owner, then any person entitled to be shown as owner of land on the next Assessment Roll ; where land is subject to a recorded written agree- ment of sale , any person shown therein as purchaser , and any public agency owning land . " Government Code Section 56048 , CERTIFICATE O? CITY/R40W0*WT CLERK (Required for 100% Consent Pro osal I CERTIFY that I have checked the nu-mber of owners of property located within the annexation/detachment./reorganization proposed by this applica- tion and that the _ (number ) ,agnatures above represent all of the owners of property included in this proposal . I FURTHER CERTIFY that, pursuant to Government Code Section 56839 , the City/District waives the requirement for written notice and gives consent for the Commission to make determinations on this proposal without notice or hearing. Date : City/ k (Seal ) City/ Suppl . Appl . -3 b. Owners of land within the proposed annexation/detachment/reor- ganization who do not consent to this proposal should be listed by name, address, parcel numb r and assessed land valuation below. Signatures and dates not required . Hearing will be held for less-than-100%-consent applications . Assessed Street Address Parcel Value of Native City/State/Zip No . Land ( If additional space required, continue list on separate sheet & attach. ) C . FOR NOT- 100%-CONSENT PROPOSALS, list all registered voters resid- ing in the territory proposed for annexation/detachment/reorgani- zation if different from the landowners shown in 15a . and 15b. above . Street Address Street Address Name City/State/Zip Name City/State./Zip ( If additional space required, continue list on separate sheet and attach) 16 . Print or type the name and address of officers or persons, not to exceed three in number , who are to receive copies of the Executive Officer ' s Report and mailed Notice of Hearing ( in addition to the Clerk/Administrator of each affected city or district): Street Address. Name City/State/Zip ( 1 } r� ) ( 3 ) _ 17 . I hereby certify that all LAFCO filing requirements will be met and that the statements made in this application are to the best of my knowledge accurate . Travice Whitten _ 10300 Torre Avenue (Print name of person complet- Cupertino, CA 95014 ing this applicati n) (Address) let Apr (Signacu ) _ (Date) NOTE: It is a general LAFCO filing requirement that a copy of this appli- cation be filed with each school district shown on question #13 of this document if the proposal involves ultimate new residential development of five acres or more . It is the applicant ' s responsibility to submit this information to the appropriate school district(s) and the signature above is considered verification that this filing requirement has been met. Suppl . Appl . - 4 Order tJo' ;_: crow No. 335400/k(is accom. Lo3n No. Recorded m-1 the request of Cormonwealth L.-ind T.Itle Comp.,.nv COMMONWEALTH LAND TITLE V,+IEN REMIDED MAIL TO: OCT 13 1987 Tun g i(tiang Sting, c/o Afshin Ansari LAURIE KANE, ftecutdcr nolkiai R-coldi Hallmark 1)r o p e r r,.i 101 1084 S. Saratoga-Sunnyvale Road A San Jose, Ca. 95129 Jjl2VE THIS LINE For; RFCOF1101."'S tj';E fin a!1_ IAX STATEMENTS TO: 0',XU%*%SN'rAF1IY TR/44FF.R TAX :.iN Abov,_� Cornputt-d on thecafaldvatino at vrii�,%of psopirly cw.-� vwv r:)ci Computed on the consweratlom or vaiuirf tops tier,or remaining at time n?fats. G R A V) Y D ii E tj RJR A VALUABLE CONSIDERATION, reroipt of vooch is ac.010%,viedged, AFSHIN ANTSAIII & MIRJANA ANS.kRI , hi", ;:itkoir 1/2 intere.,.;L hereby GRANT(S) to TUNG MIANG SUING, a married the real proporty in the, City of Cupertino County of ;ant,.. Clare State of California, deucribed Lots 1, 2 and 3, as simurn on Parce.1 "Li{) ffl.('d J,3VAI3I-.Y 1-7, J.980 In Book 55/: o;'.. Map:;, ,i Paf;e(S) 1,8, Santa ctala cumit.v Fec(_­vr1s. Ausart siAr':OFCALIFORNIA r- �tna sari S(!pfember 30, 1987 1)rAmt me,the unde.moned,r Notary Public In And tar:said Slatm,por- Afshiii Am3ari a I)d Mirjaria _Ansaui OFNCIAL SEAL O'civ9d to me 011 the tIll"1:5 of at KEN 57'RYKER i­.,elence)to bo the parson(s)wrm:,a rxame(s!i!liafil NOWY Public-CtilifornIR .1ijed 1c.n,i ft-.t ",htj Santa Clara County 'j,:"!n Injilium(int arid acl,.iio%ie COMM.exrlrw Mar.tA,Igo-, kVIrNFSS my hand mil Ot- aloe fur atCctal Kev, 'jt�i-yj,pr MAII. fAX A", I)WIXTE-D ABOVE -M COMMONWEALTH LAND • MAIN OFF tree LLM 41 PJorh First Street TITLE COMPANY San J:se, California 95113 GOLDEN STATE TITLE DIVISION (408)998- 646 1100 Hamilton Ave., Suite 8 3484 Stevens Creek Blvd. 676 Blossom Hill Road _ 821 Castro Street Campbell, CA 95008 San Jose. CA 951 17 Spn Jose,CA 95123 Mountain.View, CA 94041 371-1330 244-5005 629-0111 (415)965-8833 PRELIMINARY REPORT -Eric Sung OUR NO: 338317 •171 Connemara Way -Sunnyvale, Ca 94087 YOUR NO: BUYER: PROPERTY ADDRESS: 21000 Rainbow Drive, Cupertino, CA In response to the above referenced application for a policy of title insurance, the insurer hereby reports that it is prepared to issue by Commonwealth Land Title Insurance Company, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below 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 Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitmcnt should be requested. THIS REPORT IS SUBJECT TO A CANCELLATION CHARGE AS REQUIRED R',' SECTION 12404 OF THE INSURANCE CODE AND RULE 2 OF THE DEPARTMENT OF INSURANCE oULLETIN 74-2. DATED: November 18, 1987 at7:30 a.m. ESCROW OFFICER: ADRIAN G. NASH The form of policy of title insurance contemplated by this report is: CLTA and/or ALTA. 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: TUNG-KUANG SUNG and CHIN-MEI SUNG, husband and wife as joint tenants The land referred to in this Report is situated in the unincorporated area, County of Santa Clara, State of California, and is described as follows: See SCHEDULE C At the date hereof exceptions to coverage in additlon to the printed exceptions and exclusions contained in said policy form would be as follows: Escrow No. 338317 1. General anI special taxes for the fiscal year 1967-1988. Parcel No. 366-26-026 Code Area 63-008 First Installment $306.13 open Second installment $306.13 open Home Exemption Assessed Valuation $7,000.00 Personal Property Assessed Valuation none 2. The lien of supplemental taxes, if any, assessed pursuant to provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of Californid, and/or any additional taxes which may be assessed for added improvements or changes of ownership, subsequent to Marl:h 1, 1975. 3. The right of the public to use as a roadway so much of the herein described pre- mises lying within the bounds of Rainbow Drive (formerly Bubb Road) and Stelling Road. 4. A resolution of the City Council of the City of Cupertino approving Lot line adjustment between two parcels of land without a Parcel Map Recorded November 12, 1985 in Book J 516 Page 1216, Official Records 5. Covenants, Conditions and Restrictions, but deleting restrictions, if any, based on race, color, religion or national origin, in an instrument Recorded November 18, 1987 in Book K. 363 Page 337, Official Records This Declaration is intended to be a covenant running with the land and shall bind and inure to the benefit of the heirs, personal representatives, successors and assigns of each present or future owner of the property described herein. The undersigned agree to include in any transfer of any Parcel as to which this Declaration applies a deed restriction referring to this Declaration. NOTE 1: THE FOLLOWING IS FURNISHED FOR INFORMATION ONLY: The only conveyances affecting said land recorded within six months prior to the date of this report are as follows: Deed Dated June 4, 1987 From Sophie M. Morgan, a widow To Tung-Kuang Sung and Chin-Mei Sung, husband and wife as joint tenants Recorded July 1, 1987 in Book K 209 Page 1119, Official Records Page 2 Escrow No. 338317 NOTE 2: Section 12413 contained in Article 6 of Chapter I of Part 6 of the Insurance Code of the State of California regulates the disbursement of funds deposited with any title entity acting in an escrow or subescrow capacity. The law requires that all funds be deposited and collected by the title entity' s escrow and/or subescrow account prior to disbursement of any funds. Use of a check drawn on an out-of-state financial institution or use of any draft may cause a material delay in closing and disbursement of funds on this order. In order to avoid such delays, all fundings should be either by wire transfer or by cashier's check drawn on California financial institutions. LID 7/1/87 GLS/cy Page 3 'Escrow No. 338317 SCHEDULE C All that certain real property situate in the unincorporated area, County of Santa Clara, State of California, described as follows: Beginning at the point of intersection of the center line of Bubb Road with the center line of Stelling Road, which point of beginning bears South 20 feet from the common corners of "Sections 23, 24, 25 and 26, Township 7 South, Range 2 West, M.D.B. M. , and from which said point of beginning an underground monument bea,-s South 890 47' West 20 feet; thence from Said point of beginning runn',ng South 890 49' West along the center line of Bubb Road 170 feet to the intersection thereof with the Northeasterly corner of that certain parcel of land described in the Deed from Maurine E. Jornes to Walter W. Ellett, et ux, dated January 5, 1956, recorded January 11, 1956 in Book 3383 Official Records, page 606, Santa Clara County Records; thence South along the Easterly line of said Ellett parcel 175 feet to the Southerly corner thereof; thence North 890 49' East and running parallel with the said center line of Bubb Road 170 feet to the center line of Stelling Road; thence north along said line 175 feet to the point of beginning. Excepting therefrom that portion thereof conveyed to the County of Santa Clara by deed recorded October 28, 1980 in Book F 688, page 418, Official Records, and being more particularly described as follows: Commencing at the Northeast corner of the 0.463 acre parcel of land as shown upon that certain Record of Survey of the lands of Maurine Jorns, which Map was recorded in Book 74 of Maps at Page 54, Santa Clara County Records; thence from said point of commencement N. 890 49' E. , 44.34 feet along the Southerly line of Rainbow Drive (formerly called Bubb Road) , as shown upon said Map to the TRUE POINT OF BEGINNING; thence from said TRUE POINT OF BEGINNING, N. 89° 49' E. , 105.66 feet along said Southerly line of Rainbow Drive (formerly called Bubb Road) , to a point .1 the Westerly line of Stelling Road; thence South 61.47 feet along said Westerly line of Stelling Road, said line being parallel and 20 feet Westerly line of the centerline of Stelling Road; thence N. 340 30' 39" E. , 33.99 feet; thence N. 690 01' 19" W. , 92.54 feet to the TRUE POINT OF BEGINNING. Also excepting therefrom that portion thereof described as follows: Beginning at a point on the centerline of Rainbow Drive (formerly Bubb Road) , distant thereon South 890 53' West 170 feet from the point of intersection of said centerline of Rainbow Drive with the centerline of Stelling Road, said point of intersection bearing South 20 feet from the section corner common to Sections 23, 24, 25 and 26, Township 7 South ,, Range 2 West, Mount Diablo Base and Meridian; said point of beginning coinciding with the Northeasterly corner of that certain parcel of land described in the Deed from Maurine E. Jornes to Walter W. Ellett, et ux, dated January 5, 1956, recorded January 11, 1956 in Book 3383 Official Records, Page 606, Santa Clara County Records; thence South along the Easterly line of said Ellet parcel 175 feet to the Southeasterly corner thereof; thence North 890 53' East and running parallel with the aforementioned centerline of Rainbow Drive 15 feet; thence leaving said line and runni.,g parallel to the Easterly line of said Ellett Parcel North 175 feet to a point on the centerline of Rainbow Drive; thence along said centerline South 890 53' West 15 feet to the point of beginning. (ARB #366-26-003) age 4 COMMONWEALTH LAND TITLE INSURANCE COMPANY A Reliance Group Holdings Company CLT'A Preliminary Report Form EXHIBIT A CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY — 1973 (Rev. 2186) SCHEDULE B This policy does not insure against loss or damage. nor against costs,attorneys'fees or expenses.any or all of which arise by reason of the following: 1. Taxes or assessments which are not shown .s existing liens by limited to building and zoning ordinances)restricting or regulating the records of any taxing authority that levies taxes or assessments or prohibiting the occupancy, use or enjoyment of the land, or on real property or by the public records. regulating the character,dimensions or location of any:mpro-•ement Proceedings by a public agency which may result in taxes or now or hereafter erected on the land,or prohibiting a separation in assessments,or notices of such proceedings,whether or not shown ownership or a change in the dimensions or area of the land,or any by the records of such agency or by the public records. parcel of which the land is or was a;part,whether or not shown by 2. Any facts,rights,interests or claims which are not shown by the the public records at Date of Policy, or the effect of any violation public records but which could be ascertained by an inspection of of any such law,ordinance or governmental regulation,whether or the land or by making inquiry of persons in possession thereof. not shown by the public records at Date of Policy. 3. Easements,liens,or encumbrances. ,)r claims thereof,which are 8. Rights of eminent domain or governmental rights of police power not shown by the public records. unless notice of the exercise of such rights appears in the public' 4. Discrepancies,conflicts in boundary lines,shortage in area,en. records. croachments, or any other facts which a correct survey would 9. Defects,liens,encumbrances,adverse c'-.1ms,or other matters disclose, and which are not shown by the public records. (a)whether or not shown by the public records at Date of Policy,brat 5. (a)Unpatented mining claims;(b)reservations or exceptions in created,caused,suffered,assumed or agreed to by the insured;iai- patents or in Acts authorizing the issuance thereof;(c)water rights, mant;(b)not shown by the public records and not otherwise�xciud- r-l^ims or title to water,whether or not the matters excepted under ed from covoiage but known to the insured claimant either at Date (a), (b), or(c) are shown by the public records. of Poitcy or at the date such claimant acquired an estate or interest 6. Any right,title,interest,estate or easement in land beyond the insured by this policy or acquired the insured mortgage and not lines of the area specifically described or referred to in Schedule A, disclosed in writing by the insured claimant to the Company prior or in abutting streets, roads,avenues,alleys,lanes,ways or water- to the date such insured claimant became an insured hereunder,(c) ways,but nothing in this paragraph sha:i modify or limit the extent resulting in no loss or damage to the insured claimant;(d)attaching to which the ordinary right of an abutting owner for access to a or created subsequent to Date of Policy; or(e) resulting in loss or physically open street or highway is insured by this policy. damage which would not have been sustained if the insured claimant 7, Any law,ordinance or governmental regulation(including but not had been a purchaser or encumbrancer for value without knowledge. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH A.L.T.A. ENDORSEMENT FOAM 1 COVERAGE (REVISED 10-17.70 AND 10.17.84) SCHEDULE OF EXC'.USIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. (a) Governmental police power. (b) Any law, ordinance or governmental regulation relating to er,vironmental protection. (c) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting Or regulating or prohibiting the occupancy,use r,r enjoyment of the land,or regulating the character,dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a-eparation 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. (d) The effect of any violation of the matters excluded under(a), (b), or(c) above, unless notice of a defect, lien or encumbrance resulting from a violation has been recorded at Date of Policy in those recrds in which under state statutes deeds,mortgages,lis pendens,liens or other title encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and without knowledge;providd,however,that without limitation,su-h records shall not be construed to include records in any of the offices of federal, state or local environmental protection, -onng, building, health or public safety authorities. 2. Rights of eminent domain unless notice of the excercise of such rights appears in the public records at Date of Policy. 3. Defects,liens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to by the insured claimant:(b) not known,to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the inst.red mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became ar, insured !hereunder: (c) resulting in no loss or damage to the insured claimant;(d)attaching or created subsequent to Date of Policy(exc�Dt to the extent insurance is afforded herein as In any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceabiiity of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable"doing business" laws of the state in which the land is situated. Form 2210.1(Calif.)Rev.2-86 (EXHIBIT A CONTINUED ON BACK) CLTA Preliminary Report Form EXHIBIT A (Continued) Ai`.IERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970 (REVISED 10.17.70 AND 10-17-84) SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. (a) Governmertal ponce power. (b) Any law, ordinance or governmental regulation relating to environmental protection. (c) Any law,ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy, use or enjoyment of the land. or regulating the character. dimensions or location of any improvement now or hereafter erected en the land.or prohibiting a separation in ownership or a chanoe in the dimensions or area of the land or any parcel of which the land is or was a part. (d) The effect of any violation of the matters excluded under(a).(b),or(c)above,unless notice of a defect, lien or encumbrance resulting from a violation has been recorded at Date of Policy in those records in which under state statutes deeds. mortgages. lis pendens, liens or other title encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and withuL: knowledge: provided, however, that without limitation, such records shall not be construed to include records in any of the offices of federal, state or local environmental protection, zoning, building, health or public safety authorities. 2. Rights of eminent domain unless notice of the excercise of such rights appears in the public records at Date of Policy. 3. Defects. liens.encumbrances.adverse claims.or other matters(a)created. suffered,assumed or agreed to by the insured claimant:(b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder: (c) resulting in no loss or damage to the insured claimant: (d) attaching or created subsequent to Date of Policy: (e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for th, estate or interest insured by this policy. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY-1979 EXCLUSIONS In addition to the exceptions in Schedul^ B. you are not insured against loss, costs. attorneys' fees and expenses resulting from: 1. Governmental police power,and the existence or violation of any law or government regulation.This includes building and zoning ordinances and also laws and regulations concerning: • land use •imorovements on the land • land division •environmental protection This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless a notice of taking appears in the public records on the Policy Date. 3. Title Risks: • that are created, allowed, or agreed to by you •that are known to you, but not to us, on the Policy Date—unless they appeared in the public records. • that result in no loss to you • that first affect your title after the Policy Date—this does not limit the labor and material lien coverage in Item 8 of C Covered Title Risks — 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A or • in streets, alleys, or waterways that touch your land. This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. Form 8.2210-1(Rev. 10-841 ity ut t,upt'rtiIto NEGATIVE DE(",ARATION September 8, 1981 As provided by the iinvirnnmental Assessment Procedure , ndopp,d by the City Council of (it, Ctty of Cupertino on Mnrrh ?7, 1973, as amendc,d, the fo 1 1 ow ln{, cescribed projert was granted a Negative Declarntion by the Cit-.., Council of the City of Cupertino. Project Description and Location I Application 31-E1%-81. Applicant: City of Cupert.ir.o (Upland Way and Stelling/ Rainbow) Location: 22 acre - Upland Way southwesterly of Bubb Road an-i Rainbow Drive. _7 acres - North side of: Rainbow Drive approxi- mately 200 ft. westerly at tite Southern Pacific Railroad right of way. 6.7 acres - Westerly of Stelling Road north and south of Rainbow Drive and westerly of Stelling Road to the Southern Pacific Railroad right of way beginning approximately 100 ft. southerly at Oak Meadow Court. _ Discretionary Action Re nest: Prezone a total of 30± gross acres as described below: 1. 22 acres from Santa Clara County Al-10 (Agricultural Residential, 10,000 sq. Et. minimum lot size) zone; Al-lac (Agricultural Reside-itial 1 acre minimum lot size) zone; RHS (Residential Hillside Slope Density III Formula) zone to City of Cupertino RES (Residential Hillside Slope Density Formu.la)zone. 2. 1.7 acres from Santa Clara County A (Exclusive Agricultural) zone to City of Cunertino R.1-6 i . (Residential Single-family, 6,000 sq. ft. minimum lot Avvs3? size) zone. iK 3. 6.7 acres from Santa Clara County A (Exclusive Agricultural) to City of Cupertino, Rl.-6 (Residential Single-family, 6,000 sq. ft. minimum lot size) zone. Findings of Decisionmaking Bady The City Council granted a Negative Declaration since the project is consistent with the General. Plan and has no significant environmental. impacts. 9111 -1 ames H. Sisk IPlanning Director This is to certify that the attached Negative Declaration was filed in the office 1; of the City Clerk of the City of Cupertino on Date City Clerk Initial Study Otyof Cupertino Environmental Assessment Procedures E. A. File Number(s) 31-EA-81 Application File Number-(s) 18-Z-81 Date July 13, 1981 The California Environmental Quality Act of 1970, as amended, requires public agencies to evaluate public and private projects to determine their potential impact on the environment. This worksheetis intendE!d r.o provide guidance for both you, the applicant, and City officials in assessing a proposed project to determine whether it may or may not have a significant impact on the environment. if, based upon the information provided- below, the C. ty makes a determination that your project may have a significant impact on the environment, you will be required to prepare an Environmental Tmpact Report as provided by State law and the City of Cupertino 's Environmental Assessment requirements. Detailed information regarding the environmental assessment procedure is avail- able from the Director of Planning and Development. Part] Information to be i:omnlated by the Applicant Project Type Zoning I v Tentative Map !, Other Use Permit ] I Variance = r-- Location Upland Way and Stelling/Rainbow Applicant City of Cupertino Address of Applicant 10300 Torre Avenue Phone 252-4505 General Description of Project Prezone 30± acres from County A, Al-10, Al-.lac and RHS to City RHS and Rl-6 Rev.7/8 '30 Description. of Project (cont `d..) Specific Details of the Project 1. Size of Site 2. Intensity of Development (a) If residential: (1) Number of units per gross acre (2) Residential Unit Schedule : Owner- No. of Size Estimated Total Rental ship Bedrooms Sq. ft. Sales Price Number Unit type #1 Unit type #2 Unit type #3 _I Unit type #4 Unit type #5 TOTAL Pj (3) Percentage in area of building coverage Percentage in area of recreational open space (4) Parking required Parking proposed (b) If commercial, industrial, or institutional: (1) Building square footage (2) Percentage of building coverage of site (3) Estimate of maximum number of employes per shift (4) ParH n g required _ Parking proposed -2- Questions Related to Potential Impact of Project A. Social/Cultural Impacts : Yes Ala be No (1) Will the proposed project result in the dis- placement of people? Ve (2) Will the project alter the employment base of the community? If (3) Will the project alter the housing needs ✓ of the community? (4) Does the proposed project affect a historical or archaelagical site? B. Physical Impacts: (1) Will the project result in a change of a natural body of water, vegetative cover, or land form? t/ (2) Will the project result in a change in a scenic view or vista from existing residential area or public lands or roads? V (3) Will the project change the development pattern, scale or character of general area of project? (4) Will the construction and/or operation of the project result in significant amount of solid waste, litter, dust, ash, smoke, fumes or odors in the vicinity? .(5) Will the project result in a change in stream or ground-water quality or quantity or altera- tion of existing drainage patterns? (6) Will the project substantially change existing noise or vibration levels in the vicinity? (7) Is the project site on filled land or on slope of 10% or greater? ►/ (8) Does the project involve the use or disposal of potentially .hazardous materials such as toxic substances, flammable or explosive? _ (9) is the project a phase of an existing or future larger project or series of projects? Y -3- Description of the Environmental Setting Provide the following information on a separate attachment: (1) Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic_ aspects. Describe any existing structures on the site, and the use of structures. A plot plan may be required for the description. (2) Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects, indicate the type of land use (residential, commer- cial, etc.) , intensity of land use (one-family, apartment houses, shops, department stores, etc.) , and scale of devel- opment (height, frontage, set-back, rear yard, etc ) . CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and infor- mation required for this initial evaluation to the best of my ability, and that the facts, statements, and information pre- sented are true and correct to the best of my knowledge and belief. Date (Signature) For M "4 A The prezoning actions were filled to comply w=.th State statutes requiring zoning districts to be in compliance with the General Plan. Sub area A is a low intensity fully developed county subdivision. The topography varies from steep sloping ground in the south to relatively flat lots in the north. Sub area B consists of a number of small vacant or semi developed properties located on level terrain. The properties which comprise sub area B are bordered by 6,000 sq. ft. lots, single-family developments to the north and east. -4- Part I I Information to be completed by City Officials. A. Primary General Plan Considerations: Yes Maybe No (1) Is the project in violation of the City of Cupertino`s adopted General Plan? (2) Will the project burden public utilities and services? (a) Fire and police services (b) Park-s and recreation system li (c) Schools (d) Water system (a) Sewer system t � (f) Storm; system (g) Solid waste (3) Is the project side outside of the Urban Ser- vice Area of the City as defined by Santa ./ Clara County. Local Agency Formation Commission'? V B. Social/Cultural Impacts: (1) Will the proposed project result in the dis- placement of people? (2) Will the project alter the employment base of the community? (.3) Will the project alter the housing needs of the community? (4) Does the proposed project affect a. histori- cal or archaelogical site? (5) Will the prcposed project eliminate an existing recreational use at the project site? - (6) Does the proposed project decrease public access to any public body of water or recrea- tional area? (7) will the proposed project alter the location, distribution, density or growth rate of the human population of an area? -5- (8) Will the project result in: Yes Mavbe No (a) The disturbance of a natural or man-made feature in the project area which is unique? (b) The obstruction of a scenic vista open to / the public? 1� C. Physical Impacts: (1) Will the proposed project result in the exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground / failure or similar hazards? J/ (2) Will the proposed project result in: (a) Unstable earth conditions or changes in geologic subsrructurf=s'? (b) Disruptions, displacements, compaction or / overcovering of the soil? (c) Change in topography or ground surface relief features? (d) The destruction, covering or modifica- tion of any unique geologic or physical feature? (e) Any increase in wind or water erosion of soil, either on or off the site? • (3j Will the proposed project result in: (a) Substantial ai.r emissions or deterioration of ambient air quality? (b) The creation of objectionable odors? !� (c) Alteration of air movement, moisture or temperature, or any change in climate, either locally or regionally? (4) Will the proposed project result in: (a) Changes in absorption rates, drainage patterns or the rate and amount of surface water runoff? 1� (b) 'Iterations to the course or flow of / flood waters? (/ (c) Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? -6- Yes Maybe No (d) alteration of the direction or rate of flow of ground water? (e) Change in the quantity of ground waters, either through direct auditions or with- drawals, or through interception of an aquifer by cuts or excavation? (f) Substantial reduction in the amount of water otherwise available for public water / supplies? v (g) Exposure of people or property to wate,,- relared hazards such as flooding or Tidal wave. (5) Will the proposed project result in: (a) Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants? (b) Reduction of the numbers of any unique, rare or endangered species of plants? (c) Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? (d) Reduction in acreage of any agricultural crop? r (e) Change ir, the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish. benthic organisms or insects)? (f) Reduction of the numbers of any unique, / rare or endangered species of animals? V (g) Introduction of new species Df animals into an area, or result in a barrier to the migration or movement of animals? (h) Deterioration to existing fish or wildlife i:abitat? (6) Will the proposed project result in: (a) Increase ii, existing noise levels? (b) Exposure of people to severe noise levels? (7) Does the proposed project significantly affect the potential use extraction or conservation of a scarce natural resource such as agricultural / land, a mineral deposit, or woodland? 1/ -7- Yes �•lavbe 'No (8) Will the proposed project involve the use, P/ storage, or disposal of hazardous materials? (9) Will the proposed project result in: (a) Use of substantial amounts of fuel or energy? (b) Substantial increase in demand upon existing sources of energy, or require the development J of new sources of energy? (10) Will the proposed project result in: (a) Generation of substantial additional vehicular movement? (b) Effects on existing parking facilities, or k1 demand for new parking? (c) Substantial impact upon existing transporta- tion systems? (d) Alterations to present patterns of circula- tion or movement of people and/or goods? (e) Alterations to waterborne, rail or air traffic? (f) Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? ,_ Y (11) Mandatory Findings of Significance: (a) Does the project have the potential. to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant ou animal or eliminate important examples of the major periods of v� California history or prehistory? (b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (a short- term impact on the environment is one which occurs in a relatively brief, definitive 1 period of time, while long-term impacts will endure into the future.) -g_ Yes Maybe `Fo (c) Does the project have impacts which are individually limited, but cumulatively con- siderable? (A project may impact on two or more sep^rate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant. ) (d) Does the project have environmental effects which will cause substantial adverse / effects on human beings, either directly or indirectly? Discussion of Environmental Evaluation S(d) Approximately 2.28 acres of Area "B" is under agricultural production (fruit orchard) . The proposed Rl-b zoning for Area "B" properties and the RUS zoning for Area "A" properties is consistent with the General Plan. The development impact associated with future development of vacant properties in Area B were addressed in the General Plan and will be addressed in greater detail if and when a specific development proposal is submitted for review. (Note: Use additional sheets if necessary.) Determination: On the basis of this initial evaluation, the Environmental Review Committee finds: �I That the proposed project COULD NOT have a significant effect on the environ- ment, and therefore recommends the GRANTING OF A NEGATIVE DECLARATION. F7 That, although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because of the mitigation measures described on an attached sheet have been added to the project. It is recommend_d that A NEGATIVE DECLARATION BE PREPARED. That the proposed project KAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Date Chairman, Environment 1 Re View Committee For -9-