CC Resolution No. 98-061RESOLUTION NO. 98-061
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO MAKING DETERMINATIONS AND APPROVING
THE REORGANIZATION OF TERRITORY DESIGNATED
"ORANGE AVENUE 97-13", APPROXIMATELY 0.115 ACRE
LOCATED ON THE WEST SIDE OF ORANGE AVENUE
BETWEEN SAN FERNANDO AVENUE AND ALMADEN
AVENUE; CHOU (APN 357-15-036)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.115 acre on the west side of
Orange Avenue (APN 357-15-036) has been filed by property owner Jin Feng Chou and
Lillian Chou; and
WHEREAS, on January 5, 1998, the City Council adopted Resolution No. 98-024
initiating proceedings for annexation of the area designated "Orange Avenue 97-13; 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 Governmem 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:
Resolution No. 98-061 Page 2
That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated "Orange Avenue 97-13", more
particularly described in Exhibit "A";
That the following findings are made by the City Council of the City of
Cupertino:
ao
That said territory is uninhabited and comprises approximately 0.115
acre.
bo
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.
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.
ho
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.
2
Resolution No. 95-061 Page
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 March, 1998, by the following vote:
Vote
Members of the City Council
AYES:
Bumett, Dean, James, Statton, Chang
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk~~
Mayor, City of Cupertino
EXHIBIT A
For Annexation ORANGE AVE. 97-13
All of that certain property situate in Santa Clara County, California described as follows:
BEGINNING at the northeasterly corner of Section 113 as shown on the Map entitled "Map
of Subdivision 'A' Monta Vista," as recorded in Book P of Maps at page 20 Santa Clara
County Records; thence along the easterly line of said Section 113 South 50.00 feet, said line
also being a line of existing annexation entitled 'San Femando Avenue 81-04,' to a point of
intersection with the northerly line of existing annexation entitled 'Orange Avenue 94-07;'
thence West 100.15 feet along said line of existing annexation 'Orange Avenue 94-07,' to a
point on the westerly line of Section 113, said line also being a line of existing annexation
'San Femando 81-04;' thence North 50.00 feet along said westerly line to the northwesterly
comer of Section 113, said comer also being a comer of existing annexation 'Femando
Avenue 81-04;' thence East 100.15 feet along the northerly line of Section 113 to the point of
BEGINNING.
Containing 0.115 acre more or less and consisting of a portion of Section 113, as shown on the
above-mentioned Map.