CC Resolution No. 98-041RESOLUTION NO. 98-041
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO MAKING DETERMINATIONS AND APPROVING
THE REORGANIZATION OF TERRITORY DESIGNATED
"LOMITA AVENUE 97-15", APPROXIMATELY 0.132 ACRE
LOCATED ON THE SOUTH SIDE OF LOMITA AVENUE
BETWEEN IMPERIAL AVENUE AND PASADENA AVENUE;
CHANG (APN 357-18-005)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.132 acre on the south side of
Lomita Avenue (APN 357-18-005) has been filed by property owner James Chang; and
WHEREAS, on January 5, 1998, the City Council adopted Resolution No. 98-006
initiating proceedings for annexation of the area designated "Lomita Avenue 97-15; 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 hearing; 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:
Re olution No. 9g-041 Page 2
That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated "Lomita Avenue 97-15", more
A,
particularly described in Exhibit" "'
That the following findings are made by the City Council of the City of
Cupertino:
That said territory is uninhabited and comprises approximately 0.132
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.
Co
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.
do
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.
jo
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.
That the City has complied with all conditions imposed by the
commission for inclusion of the territory in the City's urban service area.
Resolution No. 9g-041 Page
o
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.
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 2nd day of February, 1998, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
Members of the City Council
Burnett, Dean, James, Statton, Chang
None
None
None
ATTEST:
City~~~/~
Mayor, City of Cupertino
Responsive Reliable Results Since 1953
October 1, 1997
Planning
Land Surveying
Civil Engineering
Construction Staking
97600
"LOMITA AVE 97-15"
All that certain real property situated in the County of Santa Clara, State of California,
described as follows:
Beginning at the point of intersection of the Southerly boundary of Lomita Avenue with
the westerly boundary of Imperial Avenue at the northeast comer of Lot lettered D in
Block numbered 8, Subdivision No. 1 Town of Monta Vista, as said Avenues, Lot and
Block are so laid out and delineated upon that Map entitled Resubdivision of SubdMsion
No. 1, Town of Monta Vista, which said map was duly recorded in the Office of the
Recorder of the County of Santa Clara, State of California on April 11, 1917 in Book P of
Maps, Page 24;
Said Point of Beginning also being at a southeasterly comer of land annexed to the City of
Cupertino entitled "CUVA 72-4"; said Point of Beginning also lying in a westerly
boundary of land annexed to the City of Cupertino entitled "MEASUREX 76-3";
Thence, from said Point of Beginning, along last said boundary being said westerly
boundary of Imperial Avenue, South 0° 00' 30" East, 96.00 feet to the southeast comer of
said Lot, last said comer also being the northwest comer of land annexed to the City of
Cupertino entitled "IMPERIAL 80-24";
Thence, along the southerly boundaries of said Lot D and of Lot C, in Block 8, as shown
on said Map, North 89° 57' 30" West, 60.00 feet, to the southeast comer of land annexed
to the City of Cupertino entitled "LOMITA 84-2";
Thence, along the easterly boundary of said "LOMITA 84~2" and parallel to said westerly
boundary of Imperial Avenue North 0° 00' 30" West 96.00 feet to said southerly
boundary of Lomita Avenue, and a southerly boundary of said "CUVA 72~4";
Thence, along last said boundary South. 89° 57' 30" East, 60.00 feet to the
Beginning and containing 0.132 acres, more or less.
EXHIBIT A
ME2:MS:C:~roj~97600~egal
2978 Scott Blvd. Santa Clara, California 95054
(408) 727-8262 F~ (408) 727-8285
LOCATION MAP
"MEASUREX 76-,.3"
_LOMITA AVE ~
--"CUVA 72-4'-/ CUPERTINO ' ~
g
60.00'
CITY LIMITS i,I
"LOMITA o;. ~ I,I
C r--~_ ~
~XN
LOCK 8
,35'
I 0.132+ ACRES /
"IMPERIAL 80-24."--/
/
PROPOSED ANNEXATION
TO THE
CITYOF CUPERTINO
EN TI TLED
"LOMITA AVE. 97-15"
EXHIBIT B
2978 Scott Blvd., Santa Clara, Calif 95054 (408) 727-8262
9/97 1"=50'
~ "scALE: 1"=50'
RESPONSIVE, RELIABLE RESULTS SINCE 195..T
FAX: (408) 727-8285.
DATE 10-1-97
DWN SS
CH'KD
JOB NO. 97600
,DWG. NO. S1~111