CC Resolution No. 99-078RESOLUTION NO. 99-078
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF
TERRITORY DESIGNATED "BYRNE AVENUE 98-12", APPROXIMATELY 0.378
ACRE LOCATED ON THE WEST SIDE OF BYRNE AVENUE BETWEEN SAN
FERNANDO AVENUE AND ALCAZAR AVENUE; CHRIST (APN 357-12-028)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.378 acre on the south side of
Lomita Avenue (APN 357-12-028) has been filed by property owners Charles and
Pamela Christ; and
WHEREAS, on February 16, 1999, the City Council adopted Resolution No. 99-
049 initiating proceedings for annexation of the area designated "Byme Avenue 98-12";
and
WHEREAS, said territory is uninhabited and ail 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 nnincorporated 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 "Byrne Avenue 98-12", more
particularly described in Exhibit "A";
That the following findings are made by the City Council of the City of
Cupertino:
Re~olution No. 99-07g Pa~e ~
That said territory is uninhabited and comprises approximately 0.378
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 Conncil on May 16, 1983, enacted an ordinance prezoning
the subject terhtory 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
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.
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. 99-07§ 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 15th day of March, 1999, by the following vote:
Vote
AYE S:
NOES:
ABSENT:
ABSTAIN:
Members o_f the City Council
Bumett, Chang, James, Statton, Dean
None
None
None
ATTEST:
City~
Mayor, City of ~pert~--no
EXHIBIT A
BYRNE AVENUE 98-12
All of that certain property situate in Santa Clara County, California described as lbllows:
BEGINNING at the Northwesterly comer of Lot 3, said point also lying on the Westerly line
of Byrne Avenue as said Lot and Byrne Avenue are shown on the Map for Tract No. 139,
Stevens Creek Subdivision Map No. 1, recorded in Book 4 of Maps at page 43, Santa Clara
County records: thence proceeding along said Westerly line of Byme Avenue North 118.82
feet to the City Limits of Cupertino as defined by the Annexation titled "San Femando Ave.
84-1"; thence along said Annexation line East 50.00 feet to a point on the Easterly boundary of
Byme Avenue; thence leaving said Annexation line and proceeding along the Easterly
boundary of Byme Avenue South 178.82 feet; thence leaving said Easterly line and proceeding
West 170.00 feet to the Southwesterly comer of the above mentioned Lot 3; thence along the
Westerly line of said lot North 60.00 feet to the Northeasterly comer of said lot; thence along
the Northerly line of said lot East 120.00 feet to the point of BEGINNING.
Containing 0.371 acre more or less and consisting of all of Lot 3 as shown on the above
mentioned Map.
APN 357-12-028
Rev. 1-29-99
~' Ho. 20~97
B
EXHIBIT
PROPOSED
TO THE
ENTITLED
BYRNE AVE. 98-12
SCALE: 1" --50'
ANNEXATION ~
CITY OF CUPERTINO I I
LOT I
LOT 2 POB %
EAST
84-1'.
EAST
CITY LIMITS OF'
CUPERTINO
PROPOSED ANNEXATION
0.371 AC (161,4-1 SO. FT.)
APN 357-12-028
'~ST 170.00
SAN
SITE ~
>
<(
.. ,ALCAZAR
DOLORES
VICINITY MAP
-- I --CUPERTINO CITY LIMITS
PROPOSED ANNEXATION LIMITS
SEPTEMBER 2, 1998
REVISED
1-29-99