CC Resolution No. 98-115RESOLUTION NO. 98-115
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO MAKING DETERMINATIONS AND APPROViNG
THE REORGANIZATION OF TERRITORY DESIGNATED
"ALCAZAR AVENUE 98-04", APPROXIMATELY 0.2088 ACRE
LOCATED ON THE SOUTH SIDE OF ALCAZAR AVENUE
BETWEEN BYRNE AVENUE AND ORANGE AVENUE; CHEN
(APN 357-14-035)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.2088 acre on the south side of
Alcazar Avenue (APN 357-14-035) has been filed by property owners Chung-Song
Chen and Jian-Pyng Chert; and
WHEREAS, on April 20, 1998, the City Cotmcil adopted Resolution No. 98-087
initiating proceedings for annexation of the area designated "Alcazar Avenue 98-04; 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:
Resolution No. 98-115 Page
That it is the conducting authority pursuant to Section 35150.5 of the Govermnent
Code for the annexation of property designated "Alcazar Avenue 98-04", more
particularly described in Exhibit "A";
That the following findings are made by the City Council of the City of
Cupertino:
That said-territory is uninhabited and comprises approximately 0.2088
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 16, 1983, enacted an ordinance prezoning
the subject territory to City of Cupertino R1-7.5 zone.
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 finnexation 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 armexation 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-115 Page
That the territory to be atmexed 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 18th day of May, 1998, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
Members of the City Council
Burnett, Dean, James, Statton, Chang
None
None
None
ATT/~T:
Clerk/
Ap~O~VED:
Mayor, City of Cupert'no 6
EXHIBIT "A"
ANNEXATION TO THE CITY OF
CUPERTINO, CALIFORNIA
ENTITLED "ALCAZAR AVE. 98-04"
Ail that certain real property situated in the County of Santa
Clara, State of California, being a portion of Lot 135 of "MAP OF
SUBDIVISION "A" MONTA VISTA", filed in Book P of Maps at page 20,
Santa Clara County Records, described as follows:
Beginning at the intersection of the Easterly line of said Lot
with the Southerly line of Alcazar Avenue, 40 feet in width as
shown on the above referred to Map, said point being the most
Southerly corner, common to the "Alcazar Ave. 81-01" and the
"Alcazar Ave. 89-07" annexations to the City of Cupertino;
Thence along said Easterly line of said Lot 135, South 90.82 feet
to the Southeasterly corner thereof on the Northerly line of the
"Dolores 97-04" annexation to said City;
Thence along the Southerly line of said Lot also being the
Northerly line of said "Dolores Ave. 97-04" annexation, West
100.15 feet to the Southwesterly corner of said Lot, also being
the Northerly corner common to said "Dolores Ave. 97-04"
annexation and the "Dolores Ave. 96-03" annexations to said City;
Thence along the Westerly line of said Lot, North 90.82 feet to
the hereinabove mentioned Southerly line of Alcazar Avenue;
Thence along said line also being the Southerly line of the above
referred to "Alcazar Ave. 89-07" annexation, East 100.15 feet to
the point of beginning.
Containing 0.2088 of an acre, more or less.
Date: March 13, 1998
APN: 357-14-035
~ "P' MAPS
VI C ~ Nt I T'Y' MAP
NO'T TO SCALE
SCALE: I": 40'
D A"['~: H~rch 15, 1~8