CC Resolution No. 98-008RESOLUTION NO. 98-008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO RESCINDING RESOLUTION NO. 9955 AND
MAKING DETERMINATIONS AND APPROVING THE
REORGANIZATION OF TERRITORY DESIGNATED "ALMADEN
AVENUE 97-01", APPROXIMATELY 0.228 ACRE LOCATED ON
THE NORTH SIDE OF ALMADEN AVENUE BETWEEN LOMITA
AVENUE AND SAN FERNANDO AVENUE; CHANG (APN 357-
15-021)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.228 acre on the north side of
Almaden Avenue (APN 357-15-021) has been filed by property Hank C. and Yunghwa
Chang; and
WHEREAS, on August 18, the City Council adopted Resolution No. 9926
initiating proceedings for annexation of the area designated "Almaden Avenue 97-01; and
WHEREAS, said territory is uninhabited and all owners of land included in the
proposal consent to this annexation; and
WHEREAS, Section 35150.5 of the California Government Code states that the
Local Agency Formation Commission shall not have any authority to review an
annexation to any City in Santa Clara County of unincorporated territory 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 territory the City Council
may approve or disapprove the annexation without public heating; and
WHEREAS, evidence was presented to the City Council;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cupertino as follows:
Resolution No. 9g-O09 Page
That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated "Almaden Avenue 97-01", more
particularly described in Exhibit "A";
That Resolution No. 9955, adopted by the City Council on September 15, 1997, is
hereby rescinded.
That the following findings are made by the City Council of the City of
Cupertino:
That said territory is uninhabited and comprises approximately 0.228
acre.
That the annexation is consistent with the orderly annexation of territory
with the City's urban service area and is consistent with the City policy
of annexing when providing City services.
The City Council has completed an initial study and has found that the
annexation of said territory has no significant impact on the environment,
and previously approved the granting of a Negative Declaration.
The City Council on May 21, 1984, enacted an ordinance prezoning
the subject territory to City of Cupertino R1-7.5 zone.
eo
Annexation to the City of Cupertino will affect no changes in special
districts.
That the territory is within the city urban service area as adopted by the
Local Agency Formation Commission.
g. That the annexation is made subject to no terms and conditions.
That the County Surveyor has determined the boundaries of the proposed
annexation to be definite and certain, and in compliance with the
Commission's road annexation policies. The City shall reimburse the
County for actual costs incurred by the County Surveyor in making this
determination.
That the proposed annexation does not create islands or areas in which it
would be difficult to provide municipal services.
That the proposed annexation does not split line of assessment of
ownership.
k. That the proposed annexation is consistent with the City's General Plan.
Resolution No. 9~-00~ Page
That the City has complied with all conditions imposed by the
commission for inclusion of the territory in the City's urban service area.
mo
That the territory to be annexed is contiguous to existing City limits under
provisions of the Government Code.
That said annexation is hereby ordered without election pursuant to Section 35151
et seq. of the Government Code.
o
That the Clerk of the City Council of the City of Cupertino is directed to give
notice of said annexation as prescribed by law.
BE IT FURTHER RESOLVED that upon completion of these reorganization
proceedings the territory annexed will be detached from the Santa Clara County Lighting
Service District.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 5th day of January, 1998, by the following vote:
Vote
AYES:
NOES:
Members of the City Council
Bumett, Dean, James, Statton, Chang
None
ABSENT: None
ABSTAIN: None
ATTEST:
City~
g:cityclerk/roberta/resoluti/res98-008.rtf
MaYor, C-~i~"Of Cu~
"EXHIBIT A"
ANNEXATION TO THE CITY OF CUPERTINO
ALMADEN AVE. 97- 01
MARCH 1997
All that certain real property situate in the County of Santa Clara, State of California, more
particularly described as follows;
A portion of Lot 89, as shown upon that certain Map entitled," MAP OF SUBDIVISION "A"
MONTA VISTA'-' which Map was filed for record in the office of the Recorder of the County of
Santa Clara, State of California, on April 1 lth, 1917 in Book "P" of Maps, at Page 20, and more
particularly described as follows:
Beginning at a point in the northerly line of Almaden Avenue ( 40 feet wide ), that is distant
thereon 50 feet from the intersection of said northerly line with the line dividing Lots 88 and 89
of the Subdivision hereinabove referred to, thence along the northerly line of Almaden Avenue
East 50.15 feet, said line being the northerly line of that certain annexation to the City of
Cupertino entitled" Almaden 84-3 ", to the line dividing Lots 89 and 90 of said Subdivision;
Thence North and along said dividing line 198.42 feet, to the point being the northwest comer of
that certain annexation to the City of Cupertino entitled "Almaden 84-3 ";
Thence West and along the north line of said Lot 89 a distance of 50.15 feet;
Thence South 198.42 feet to the Point of Beginning.
Containing:
9,951 square feet, more or less.
0.228 acres, more or less
A. P. N.: 357- 15- 021
)
APN 357-15-021
PORTION OF LOT 89 '
9951 SQ. FT.
0.228 ACRES
SC,Al.R: 1"-'100'
J WEST
LOT LOT
88 89
_ _ L _
ALMADEN
ALMADEN
LEGEND
LOT
90
/
/
EXISTING ANNEXATION
ALMADEN 84--3
ALMADEN AVE 96-15
LOMITA AVE
ALMADEN AVE
Z
SAN FERNANDO ~ n
AVE -
ALCAZAR AVE
VICINITY MAP
NOT TO SCALE
EXHIBIT B
PROPOSED ANNEXATION
TO THE CITY OF CUPERTINO
ENTITLED ALMADEN AVE. 97-01
DATE: MARCH 1997 SCALE: 1"=100'
BY: M.J. REVISED:
JAMES C. CHEN, C.E., S.E.
P.O.BOX 20302, SAN dOSE, CA 95160
BOUNDARY LINE OF
PROPOSED ANNEXATION
BOUNDARY LINE OF
EXISTING ANNEXATION
EXISTING: CITY LIMITS