The Cupertino Courier

City OKs first step in annexing the Rancho area

By Pam Marino

If the squeaky wheel gets the grease, then residents in the unincorporated area of Rancho Rinconada may be gliding all the way into the city of Cupertino.

Not only has a vocal group of Rancho residents convinced the city to begin steps toward annexation, but they have also succeeded in getting the county to consider changing its building rules to conform to Cupertino's more restrictive rules.

If the group succeeds at the county level, the 35-foot-high, two-story homes that now crowd 5,000-square-foot lots in Rancho will become a thing of the past.

Some Rancho residents have been complaining for a year that they are feeling "under siege" from the recent wave of tear-downs and construction going on in their neighborhood. Speaking out finally paid off the week of Feb. 2, when both the Cupertino City Council and the county planning board considered their concerns.

At the Feb. 2 council meeting, Rancho resident Steve Smith told the council that the "very large and very bulky houses" are "destroying our ability to enjoy the neighborhood." He said the style of the stucco homes is in sharp contrast to the small Eichler-type older homes in the area.

Smith also said developers have been tearing down older trees when they clear lots for new homes, despite county rules against it.

"There has been a consistent lack of enforcement to the point that developers demonstrate an open disregard for these trees," said Smith, a member of the Rancho Rinconada Pocket Annexation Committee.

After Smith and others from Rancho testified, the Cupertino City Council voted unanimously to begin the first steps toward annexation.

Rancho is a 327-acre stretch of Santa Clara County land that lies east of Miller Avenue. Approximately 4,200 residents live there, in 1,500 homes.

The city planning staff recommended that after annexing Rancho, the council should next annex Garden Gate, which lies on either side of Stelling Road between the Quinlan Community Center and Highway 280 and has 1,000 residents. Council also recommended annexing a 54-acre stretch of Monta Vista between Bubb Road and Blackberry Farm. The area houses 700 residents.

A few days after the City Council meeting, the Santa Clara County Planning Board voted to tighten building rules in Rancho and Garden Gate so that county rules conform more closely with Cupertino rules. If approved by the Board of Supervisors at a meeting on March 10, the new rules will restrict two-story homes to a height of 28 feet, and the second story will have to be set back five feet from the edge of the first story. In addition, the homes will not be allowed to cover more than 45 percent of the lot.

In Cupertino the city planning staff will immediately begin the process of pre-zoning Rancho. Pre-zoning involves determining building standards for the area, and then holding public hearings before the Planning Commission and City Council. During these public hearings, both Rancho and Cupertino residents will get a chance to argue against or in favor of those standards.

Cupertino Community Development Director Bob Cowan told the City Council it could take a few months to complete the pre-zoning process. If it is still clear after pre-zoning hearings that a majority of Rancho residents want to be annexed, then annexation hearings before the City Council could take place this summer.

The Rancho annexation committee told the council that its latest door-to-door poll of 351 residents showed 58 percent favoring annexation, with 16 percent against and 26 percent undecided. An earlier poll of a smaller number of residents showed 50 percent for, 16 percent opposed and 34 percent undecided.

Not everyone who spoke to council was in favor of annexation. Al DeRidder presented his own petition of 26 residents who favored an official election, rather than letting the Cupertino City Council make the decision. He said only three residents he spoke to were strongly in favor of annexing.

Under state law, the council can decide to annex the land without a vote of the residents. The only way annexation can be stopped is if more than 50 percent of the residents present written objections to the council before its vote.

If between 25 and 50 percent of the residents present a written objection, or if at least 25 percent of the landowners who own at least 25 percent of the land object, then an election must take place.

While the Feb. 2 City Council vote was unanimous, a few councilmembers were cautious in their comments about annexation.

Councilman John Statton said at the meeting that he is "in general pretty favorable" toward annexation, but he has some concerns.

After the meeting he said he wants to make sure that annexing county land does not become a financial burden to the city. He also pointed out that if the city annexes all three unincorporated areas under consideration, it will push the city's population above 50,000, which may change its complexion. Cupertino currently has approximately 45,000 residents. Cities with fewer than 50,000 residents, Statton said, are more cohesive.

"I am not against annexation, I'm just not rushing to embrace it," he said.

Mayor Michael Chang said during the meeting, "like John, I want to see what the opposition counts look like." However, in general his comments were supportive of welcoming Rancho residents into Cupertino.

"Maybe this has been too long in coming," Chang said.

Councilman Wally Dean said he doesn't want the city to "kick in anybody's door" and force annexation on residents who don't want it. "If you would like to come, we'd be very happy to have you," Dean said.

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