CC Resolution No. 8174
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RESOIlJI'ION NO, 8174
A RESOWl'ICN OF 'IHE CITY CXXJNCIL OF '!HE CITY OF aJPERI'INO
MAKING DEl'ERMINATIONS AND A1'J?R)VlNG '!HE ANNEXATION OF 'l'ERRI'roRY
DESIGNATED "LCMITA AVENUE 90-07", ~ 0,15 ACRE IDCATED
ON '!HE SCXJIH SIDE OF LCMITA AVENUE BElWEEN BYRNE
AVENUE AND ORANGE AVENUE; URRITIA (APN 357-15-09)
WHEREAS, a petition for the annexation of certain territo:ry to the
City of CUpertino in the County of Santa Clara consisting of 0,15 acre on
the south side of Lamita Avenue between Byrne Avenue and Orange Avenue
(APN 357-15-09) has been filed with the city of CUpertino; and
WHEREAS, on June 18, 1990, the City Council adopted Resolution No,
8152 initiating proce<=dJrqs for annexation of the area designated "Lamita
Avenue 90-07"; and
WHEREAS, said territo:ry is un.iJ1habited and all owners of land included
in the proposal cxmsent to this annexation; and
WHEREAS, section 35150.5 of the California Government Code states that
the Iocal ÑJercj Fomation Ccmmission shall not have any authority to
review an annexation to any city in Santa Clara County of unincorporated
territo:ry which is within the urban service area of the city of the
annexation if initiated by resolution of the legislative body and
therefore the City council of the City of CUpertino is now the conducting
authority for said annexation; and
WHEREAS, Government Code section 56837 provides that if a petition for
annexation is signed by all owners of land within the affected territo:ry
the City Council may approve or disapprove the annexation without public
hearing; and
WHEREAS, evidence was presented to the City Council;
NCM, ~I..IKt!;, BE IT RESOLVED by the City Council of the city of
CUpertino as follows:
1. '!hat it is the conducting authority pursuant to section 35150.5 of the
Govenment Code for the annexation of property designated "Lamita
Avenue 90-07," !lOre particularly described in Exhibit "A";
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RESOIl1l'ION NO, 8174
2, '!hat the f011owin;¡' fimiD;Js are made by the city Council of the City
of 0Jperti.n0:
a, '!hat said territo:ry is uninhabited and c:œprises approximately
0,15 acre,
b, '!hat the annexation is consistent with the orderly annexation of
territo:ry with the city's mban service area and is consistent
with the City policy annex:in;r when provid.i.rq city services,
c, '!he City Council has cx::atpleted an initial study and has found
that the annexation of said territo:ry has no significant inpact
on the enviroranent, and previously approved the grantirr;¡' of a
Negative Declaration,
d, '!he city Council on JUne 4, 1984, enacted an ordinance prezoning
the subject territo:ry to city of 0Jperti.n0 Rl-7,5 zone,
e, Annexation to the City of OJpertino will affect no chan;Jes in
special districts,
f, '!hat the territo:ry is within the City mban service area as
adopted by the Local lv:Jercf Fomation Cannnission,
g, '!hat the annexation is made subject to no tems and conditions,
h, '!hat the County SUrveyor has determi11ed the bcx1tmries of the
pr~ annexation to be definite and certain, and in cx::atpliance
with the Chmmi_ion's road annexation policies, '!he City shall
rebob.Jrse the Ca.mty for actual oosts incurred by the County
SUrveyor in maJdn;r this detennination,
i. '!hat the proposed annexation does not create islands or areas in
which it would be difficult to provide rmmicipal services,
j, '!hat the proposed annexation does not split line of assessment of
ownership,
k, '!hat the proposed annexation is consistent with the City's
General Plan,
1. '!hat the city has cx::atplied with all conditions inq:>osed by the
cxmnission for inclusion of the territo:ry in the city's mban
service area,
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RESOWl'ION NO, 8174
m, 'lbat the territo:ry to be annexed is contiguous to existin;J City
limits under provisions of the Government Code,
3, 'lbat said annexation is hemy ordered without election pursuant to
section 35151 et seq, of the Government Code,
4, 'lbat the Clerk of the City Council of the City of CUpertino is
directed to give notice of said annexation as pres=ibed by law,
PASSED AND AOOPI'ED at
City of CUpertino this
followinJ vote:
Vote Members of the City Council
a regular meet:i.rg of the City Council of the
16th day of July , 1990, by the
AYES: Goldman, Koppel, Sorensen, Szabo, Rogers
NOES: None
~: None
~: None
A'ITEST: APPROVED:
/s/ Dorothy Cornelius
City Clerk
/s/ Barbara A. Rogers
Mayor, City of Oolpertino
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I.CJoIITA AVENUE 90-7
(URRI1l'IA)
All that certain real property situate in the 0Junty of Santa Clara, state
of California, lIm'e particularly described as follows:
Beg'i.nn.i.ng at the northeast corner of IDt 80 as sham on that certain map
entitled, ''Map of SUbdivision "A" Menta Vista" which map was filed for
reoard in the office of the Reccràer of Santa Clara County on April 11,
1917 in Book "P" of Maps, Page 20;
'lberx:e South, 90,82 feet to a point bein:] alorg that certain annexation to
the City of 0Jpert:in0 entitled "AIMADEN 80-13" ¡
'lberx:e West, 50,00 feet alorg said annexation "AIMADEN 80-13";
'lberx:e North, 130,82 feet;
'lberx:e East, 155,15 feet to a point bein;¡ alorg that certain proposed
annexation to the City of 0Jpert:in0 entitled "ORANGE 90-2";
'lberx:e South, 40,00 feet alorg proposed annexation "ORANGE 90-2" to a
point bein;¡ the northeast corner of IDt 79;
'lberx:e West, 105,15 feet to the Point of Beg'i.nn.i.ng,
Containin;p 0,25 acres, lIm'e or less,
AFN: 357-15-09
"EXH~;BIT Aft
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APN 351'15-09
± .2.5 o.C:l"eS
LOMITA AV£:
"ALMAD£ . 80-13'/
L _ _ AL,,:!!,D£N AV£:._
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"ORANGE: 'I -2.u
STEVENS CREEK BLVD
GRANADA 101 ~ ...
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HE.RI<40SA .. ...
0 ~ !
... LOIolITA
z
Ir
Iii ALIoIADEN
SITE
~.,.~ FERNANDO
LOCATION MAP
SCALE \"-1000'
OLIVE' AVE
¡-í - --
"EXHiBiT on
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L
PROPOSED ANNEXATION
TO THE
CITY OF CUPERTINO
ENTITLED
"L.oMITA 90-7 II
5/'10 ¡"-IDO'
(UIIRI.ITIA)