Measure D: Annexation to the City of Cupertino

League of Women Voters of California

Santa Clara County, CA

November 6, 2001 Election

Measure D
Annexation to the City of Cupertino
Garden Gate Neighborhood
Resolution - Majority vote

187 / 55.5% Yes votes ...... 150 / 44.5% No votes

See Also: Index of all Measures

Information shown below: Yes/No Meaning | Impartial Analysis | Arguments |

Shall the reorganization order adopted on July 16, 2001, by the Cupertino City Council be confirmed? The reorganization would affect the unincorporated area of Garden Gate and provide for (1) the annexation of about 107 acres of territory known as Garden Gate to the City of Cupertino; and (2) the detachment of the same territory from the Santa Clara County Lighting Service Area.

A YES vote of this measure means:: A yes vote on measure D would approve of the Cupertino City Council's action to annex the unincorporated neighborhood, known as "Garden Gate" into the City of Cupertino (City) and detach the same area from the Santa Clara County Lighting Service Area (Lighting Area).
A NO vote of this measure means:: A no vote on Measure D would disapprove of the annexation to the City and detachment from the Lighting Area.

Impartial Analysis from Charles T. Kilian, City Attorney, City of Cupertino

A yes vote on measure D would approve of the Cupertino City Council's action to annex the unincorporated neighborhood, known as "Garden Gate" into the City of Cupertino (City) and detach the same area from the Santa Clara County Lighting Service Area (Lighting Area). A no vote on Measure D would disapprove of the annexation to the City and detachment from the Lighting Area. The Garden Gate neighborhood consists of 107 acres and 359 single-family homes generally located East and West of Stelling Road and South of Highway 280. The area is considered a "County Pocket" and is surrounded on all sides by incorporated areas of the City of Cupertino. If the annexation is approved the City would extend municipal services to the area including traffic enforcement, code enforcement, street maintenance and street lighting. Additionally, residents would be able to petition or request other services typically offered to City residents such as traffic calming measures and street crossing guards. Upon annexation residents would be eligible to serve on city advisory commissions and vote for City Council candidates and/or run for City Council seats. Both the City and the County limit the maximum size of single-family homes to 45% of the net lot area; however, the City requires design approval for any new two-story home or second story home addition that is proposed to exceed 35% of the net lot area. The County requires greater building setbacks for single story portions of homes and the City requires greater setbacks for second story portions of homes. Upon annexation, homes that do not meet the City zoning standards would be considered "grandfathered" and would not have to be modified to meet City standards unless they were torn down and rebuilt. However, all new additions to existing homes would need to meet City zoning standards. If the area is annexed into the City and detached from the Lighting Area, property owners would no longer pay the Lighting Area assessment that is currently $23.68 per home per year, and residents would assume the City's utility users tax of 2.4% of their natural gas, electricity, and local and long distance telephone charges. Residents who are seniors 65 years of age or older may apply for an exemption to this tax. Property owners would also pay a storm drain service fee of $12 per lot per year. Residents who operate their own home-based businesses would pay a business license fee of $94 per year. Annexation does not trigger re-assessment of property taxes nor require installation of new street or sidewalk improvements by residents.

Official Information

City of Cupertino

News and Analysis

Cupertino Courier (31 Oct. 2001)

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Arguments For Measure D

Arguments Against Measure D

Fifty years ago Garden Gate was a new development of single family homes in a quiet rural setting. Today, the orchards are gone and Garden Gate is surrounded by the homes and businesses of Cupertino. Garden Gate children attend schools in the City, families enjoy City parks, and parents shop and work in the City stores and businesses. But Garden Gate remains an unincorporated "County Pocket" in the very heart of Cupertino. Both older and newer residents are now saying, "it's time to vote for annexation and become real citizens of Cupertino." Santa Clara County actively supports the annexation of Garden Gate saying that they can no longer provide services that the residents need and deserve. "Annexation would make local governments more accessible and responsive to residents," they declare. Annexation will provide better neighborhood services including: long term financing for school crossing guards; regular traffic enforcement and attention to special traffic problems; street sweeping and maintenance of street trees; street lighting at no cost; free garden compost; attention to abandoned structures and eyesores that decrease property values. Local government will be much more responsive to Garden Gate concerns. Tax rates in the City and County are the same. Property taxes will not increase. No annexation fee will be charged by Cupertino in the event of a successful election. Otherwise, the fee for property owners seeking annexation will be $2,700. Annexation will not affect the size of homes that can be built. Both the City and County permit up to a 45% floor area ratio. The City has a design review for two-story homes that will maintain the character and diversity of the neighborhood and provide consideration for the privacy of adjacent neighbors. /s/ Lester L. Bowers, August 2, 2001
Retired /s/ Jessica T. Rose, August 2, 2001
Homemaker /s/ Melissa B. Hilton, August 2, 2001
Homemaker /s/ David J. Mishelevich, M.D., August 2, 2001
Software Executive /s/ Brock A Carpenter, August 2, 2001
Aerospace Engineer

Rebuttal to Arguments For

1. According to many Rancho Rinconada homeowners, annexation has provided no major benefits or noticeable improvement. In fact, many homeowners feel that annexation has increased restrictions, expenses, and construction time.
2. In recent years, the county has implemented additional building codes to increase our neighbors' privacy.
3. Annexation proponents would want you to believe that there would be no increased taxes or cost to the area's homeowners. The facts suggest otherwise. The City will impose the Utility Users' Tax, the Storm Drainage Service Fee and the Business License Fee.
4. All government services cannot be free and will never be free, as the citizens will always be required to provide the funding through different forms of taxes. Some of you might benefit from free compost, reduced fee city-run classes, and crossing guards funded by everyone's tax money, even though only a few of us would really take advantage of them. Are unnecessary cost and city government programs really beneficial to all Garden Gate residences? Currently, traffic enforcement, crossing guards, street lighting and maintenance are already provided by various agencies. As long as the services are provided, it doesn't matter who provides them.
5. For decades, Garden Gate homeowners have enjoyed less government, and fewer restrictions from the county and at the same time have access to all the amenities from the surrounding cities - Los Altos, Sunnyvale, Cupertino, etc. We live in the best of both worlds. Why mess up a good thing? /s/ Pauline D. Crother, 8/14/01 /s/ Lee L. Crother, 8/14/01 /s/ Marian M. Crowel, 8/14/01 /s/ F. Richard Crowel, 8/14/01 /s/ Cathy R. Brendli, 8/14/01

We are a coalition of new and long-time Garden Gate home owners who are against the annexation of the Garden Gate community by the city of Cupertino. The reasons are outlined below: 1) The potential negative impact of annexation to property value in the area as re-development of the area could be slowed by the more restrictive city building permit procedures, especially for new houses or buildings deviating from city codes. 2) Less privacy under city setback requirements - 6 feet versus county's 10 feet. Under city codes, a house with bay windows, fireplaces, & garden windows can have setup back of less than 4 feet from our neighbor's property. During the hot summer season, your family can easily hear your neighbors' daily intimate sound and activities. 3) Annexation does not guarantee the City of Cupertino will provide better service, new sidewalk, lighting, street cleaning, police protection, etc. 4) The Garden Gate area has always been a county area without any negative effect on its residents. There are no compelling reasons to change. 5) We do not want to have additional fees, such as City of Cupertino Utility Users' tax, Storm Drainage Service Fee, Business License Fee. /s/ Pauline D. Crothers, 8/4/01 /s/ Lee L. Crothers, 8/4/01 /s/ Marian M. Crowel, 8/4/01 /s/ F. Richard Crowel, 8/4/01 /s/ Cathy R. Brendli, 8/4/01

Rebuttal to Arguments Against

1) The County is now proposing a limit of 35% floor area ration for new homes in Garden Gate. Under City guidelines the maximum floor area ration is 45%. With annexation to Cupertino, larger homes could be built in Garden Gate and property values maintained. 2) Cupertino Single Family Dwelling Code 19.28.060 requires at least 10' setback on one side yard and 5' on the other. The real privacy issue is the second story on new homes. County codes are not designed to protect neighborhood privacy. There is no restriction on windows looking directly into the windows and yards of adjacent homes. Cupertino codes require consideration of neighbor's privacy. Annexation will protect the privacy of residents while permitting the development of attractive new homes. 3) Rancho Rinconada neighborhood leaders say, "Cupertino kept all the promises made during annexation." 4) The County actively supports annexation indicating that they cannot provide services to urban pockets that residents need and deserve. City government can be more accessible and responsive to residents. 5) A successful election will cancel annexation fees for all Garden Gate home owners. If annexation fails, all Garden Gate properties adjacent to the City will be required to pay a $2,700 annexation fee if they wish to make a major remodel or build a new house. /s/ B. A. Carpenter, Aerospace Engineer, 8/14/01 /s/ David J. Mishelevich, Software Executive, M.D., Ph.D., 8/14/01 /s/ Lester L. Bowers, Retired Aerospace Manager, 8/14/01 /s/ Melissa B. Hilton, Homemaker, 8/14/01 /s/ Jessica T. Rose, Homemaker, 8/14/01

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Created: December 3, 2001 02:34
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