CC Resolution No. 98-189RESOLUTION NO. 98-189
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION
OF TERRITORY DESIGNATED "LOMITA AVENUE 98-06",
APPROXIMATELY 0.3088 ACRE LOCATED ON THE SOUTH SIDE OF
LOMITA AVENUE BETWEEN BYRNE AVENUE AND ORANGE AVENUE;
SINKSEN (APN 357-15-003)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.3088 acre on the south side of
Lomita Avenue (APN 357-15-003) has been filed by property owner W. L. Sinksen; and
WHEREAS, on June 15, 1998, the City Council adopted Resolution No. 98-189
initiating proceedings for annexation of the area designated "Lomita Avenue 98-06; 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:
That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated "Lomita Avenue 98-06", more
particularly described in Exhibit "A";
2. That the following findings are made by the City Council of the City of
Cupertino:
Resolution No. 98-189 Page
That said territory is uninhabited and comprises approximately 0.3088
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 annexation is made subject to no terms and conditions.
That the County Surveyor has determined the boundaries of the proposed
armexation 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.
That the City has complied with all conditions imposed by the
commission for inclusion of the territory in the City's urban service area.
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.
Resolution No. 98-189 Page
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 20th day of July, 1998, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
Members of the City Council
Bumett, Dean, James, Statton, Chang
None
None
None
ATTEST:
Mayor, City of Cupe~ino~
EXHIBIT "A"
ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA
ENTITLED:
"LOMITA AVE. 98-06"
Ail that certain real property situated in the County of Santa
Clara, State of California, being all of Section 84 and a portion
of Lomita Avenue, as shown upon "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 southeasterly corner of said Section 84, said
point also being the southwesterly corner of that certain
annexation to the City of Cupertino entitled "Lomita 97-16" said
point also being a point on the northerly line of the "Almaden
84-3" annexation to said City;
Thence along the southerly line of said Section, also being the
northerly line of said "Almaden 84-3" annexation, West 100.15
feet to the southwesterly corner of said Section 84, said corner
also being the northeasterly corner of that certain annexation to
said City entitled "Almaden Ave. 97-01";
Thence along the westerly line of said Section 84 and the
northerly prolongation thereof, North 130.82 feet to a point on
the northerly line of Lomita Avenue, 40 feet in width;
Thence along said northerly line, East 100.15 feet to the
northwesterly corner of the herein above referred to "Lomita Ave.
97-16" annexation to said City;
Thence along the easterly line of said Section 84 and the
northerly prolongation thereof and the westerly line of said
"Lomita Ave. 97-16" annexation, South 130.82 feet to the point of
beginning.
Containing 0.3008 of an acre, more or les.
Date: April 21,
APN: 357-15-003
Address of Site:
1998
21900 Lomita Ave., Cupertino
)
Ooundar~ /ired q( ezi~n~ anr~¢l, ah'on
EXHIBIT B
P~OP05 ED ,4AI#£ZA TION ~
CITY OF CUPErTInO
ENTITLED
TIlE
VI Cilq IT"( N~A? "LOMITA AVE..9~'06"
NOT To SCALE
,AP~; 3,5'7-/5-003 ,4?/e/L 2/,/.99B
SCAL~: l'= GO~