CC Resolution No. 7699
RFSOIlJI'ION NO. 7699
A RFSOIlJI'ION OF '!HE CITY axJNCIL OF '!HE CITY OF ClJ.t'J:!a<l'INO
MAKING DEI'ERMINATIONS AND APmovING '!HE ANNEXATION OF TERRI'roRY
DESIGNATED "AICAZAR AVENUE 88-08", APEroXIMATELY 0.21 ACRE IDCATED
ON '!HE SOO'IH SIDE OF AICAZAR AVENUE BElWEEN ORANGE AVENUE AND
BYRNE AVENUE, CIARK/IEE
(Am 357-14-38)
WHEREAS, a petition for the annexation of certain territo:ry to the
City of CUpertino in the Colmty of Santa Clara oonsistiIq of 0.21 acre on
the south side of Alcazar Avemæ between Orange Avemæ am Byrne Avemæ
(Am 357-14-38) has been filed with the City of CUpertino; am
WHEREAS, on December 12, 1988, the City Colmcil adopted Resolution No.
7678 initiatiIq proceedin;¡s for annexation of the area designated "Alcazar
Avemæ 88-08"; am
WHEREAS, said territo:ry is uniI1babited am all owners of lam included
in the p.L~ consent to this annexation; am
WHEREAS, Section 35150.5 of the California Govermnent Code states that
the IDeal Aqercy Fonnation O:8mnission shall not have any authority to
review an annexation to any city in Santa Clara Colmty of uninco~rated
territo:ry which is within the UJ:ban service area of the city of the
annexation if initiated by resolution of the legislative body am
therefore the City council of the city of CUpertino is now the conductiIq
authority for said annexation; am
WHEREAS, Govermnent Code Section 56837 provides that if a petition for
annexation is signed by all owners of lam within the affected territo:ry
the City COUncil may approve or disapprove the annexation without public
heariIq; am
WHEREAS, evidence was presented to the City COUncil;
NCM, 'IHEREt<~, BE rr RFSOLVED by the City COUncil of the city of
CUpertino as follows:
1. '!hat it is the conductiIq authority pursuant to Section 35150.5 of the
Govermnent Code for the annexation of property designated "Alcazar
Avemæ 88-08," more particularly described in Exhibit "A";
-1-
RFSOIlJI'ION NO. 7699
2. '!hat the followiIq finiin;¡s are made by the City COUncil of the City
of CUpertino:
a. '!hat said territo:ry is uniI1babited am oanprises a¡:proximately
0.21 acres.
b. '!hat the annexation is oonsistent with the orderly annexation of
territo:ry with the city's UJ:ban service area am is consistent
with the City policy aI1l'leXiIq 'tt1en providiIq City services.
c. 'lhe city COUncil has OCII1pleted an initial study am has foun:i
that the annexation of said territo:ry has no significant iItpact
on the environment, am previously approved the grantiIq of a
Negative Declaration.
d. 'lhe City COUncil on JUne 4, 1984, enacted an ordinance prezaniIq
the subject territo:ry to City of CUpertino Rl-7.5 zone.
e. Annexation to the City of CUpertino will affect no changes in
special districts.
f. '!hat the territo:ry is within the City UJ:ban service area as
adopted by the IDeal Aqercy Formation O:8mnission.
g. '!hat the annexation is made subject to no tems am con:titions.
h. '!hat the Colmty SUrveyor has determined the l:Jco.Jmaries of the
propoo.ed annexation to be definite am certain, am in OCII1pliance
with the Chmni....ion's road annexation policies. 'lhe City shall
rebnburse the Colmty for actual costs incurred by the Colmty
Sw:veyor in maJdn:J this dete1:mination.
i. '!hat the proposed annexation does not create islanjs or areas in
which it would be difficult to provide IIDJIÚcipal services.
j . '!hat the proposed annexation does not split line of assessment of
ownership.
k. '!hat the proposed annexation is oonsistent with the City's
General Plan.
1. '!hat the City has OCII1plied with all con:titions iJIpJSed by the
camnission for inclusion of the territo:ry in the City's UJ:ban
seJ:Vice area.
-2-
RFSOIlJI'ION NO. 7699
m. '!hat the territo:ry to be annexed is contiguous to exist;iIq City
limits uIXier provisions of the Government Code.
3. '!hat said annexation is heroy ordered without election pursuant to
Section 35151 at seq. of the Government Code.
4. '!hat the Clerk of the City COUncil of the City of CUpertino is
directed to give notice of said annexation as prescribed by law.
PASSED AND ADOPl'ED at
City of CUpertino this
followiIq vote:
a regular meetiIq of the City COUncil of the
1rn day of T~n"~r)' , 1989, by the
vote Members of the citv COUncil
AYES: Gatto, Koppel, Rogers, Plungy
NOES: None
ABSENT: Johnson
ABSTAIN: None
ATI'EST: APPROVED:
/s/ Dorothy Cornelius
City Clerk
/s/ John J. Plungy, ~r.
Mayor, City of CUpertino
-3-