CC Resolution No. 99-065RESOLUTION NO. 99-065
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF
TERRITORY DESIGNATED "BYRNE AVENUE 98-14", APPROXIMATELY 0.165
ACRE LOCATED ON THE WEST SIDE OF BYRNE AVENUE BETWEEN LCAZAR
AVENUE AND DOLORES AVENUE; CHYU (APN 358-12-034)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.165 acre on the south side of
Lomita Avenue (APN 358~12-034) has been filed by property owners Wei Jao
Chyu and Jien Meei Chyu; and
WHEREAS, on February 1, 1999, the City Council adopted Resolution No. 99-
043 initiating proceedings for annexation of the area designated "Byme Avenue 98-14";
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
armexation 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 "Byme Avenue 98-14", more
particularly described in Exhibit "A";
That the following findings are made by the City Council of the City of
Cupertino:
a. That said territory is uninhabited and comprises approximately 0.165
acre.
Resolutlon No. 99-06f Page
b. 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.
c. 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.
d. The City Council on May 16, 1983, enacted an ordinance prezoning
the subject territory to City of Cupertino R1-7.5 zone.
e. Annexation to the City of Cupertino will affect no changes in special
districts.
fi 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.
h. 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.
i. 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.
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.
m. 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.
Resolution No. 99-065 Page
BE IT FURTHER RESOLVED that upon completion of these reorganization
proceedings the temtory 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 1st day of March, 1999, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
Members of the City Council
Chang, James, Statton, Dean
None
Bumett
None
ATTEST:
City Clerk~~~
APPROVED:
Mayor, City ol/Cu~rtino
"EXHIBIT A"
ANNEXATION TO TIlE CITY OF CUI'ERTINO
BYRNE AVENUE 98-14
NOVEMBER 1998
All that certain real property situate in the County of Santa Clara, State of California, more
particularly described as follows:
Beginning at the point on the Southeast comer of Lot 9, also the Westerly line of Byme Avenue
as shown on Tract 139 Stevens Creek Subdivision Map No. 1, recorded on May 27, 1940 in
Book 4 of Maps, Page 43, in the Office of the Recorder of the County of Santa Clara, also the
Westerly limits of incorporation of thc City of Cupertino as shown on'Exhibit B for Annexation
"Byme Ave. 88-1 I";
Thence running with Southerly boundary line of said Lot, West 120.00 feet to a point in the
Westerly boundary line of said Lot;
Thence running with the said Westerly boundary line North 60.00 feet to a poiut of the Northerly
boundary line of said Lot, also the Southerly limits of incorporation of the City of Cupertino as
shown on Exhibit B for Annexation "Byme Ave. 96-02";
Thence along said Annexation "Byrnc Ave. 96-02" and running with said Northerly boundary
line East 120.00 feet to a point in the Westerly line of Bryne Avenue, also the Westerly thnits of
said Annexation "Byme Ave. 88-I I';
Thence along said Annexation "Byrne Ave. 88 -
- ana rt mung ',v~th sa d Westerly line of Byrne
Avenue, South 60.00 feet to the Point of Beginning.
Containing:
A. P.N.:
7200 square feet, more or less.
0.165 acre, more or less
357-12-034
Revised 1/19/99
N
SCALE: 1"=100'
LOT 9
APN 357-12--034
7,200 SO. FT.
0.165 ACRE
EXISTING ANNEXATION
"8YRNE AVE. 96-02"
R-96:
DOLORES AVE~_
EXISTING ANNEXATION
"BYRNE AVE. 88-11"
R-7735
N
ALCAZAR
AVE
McCLELLAN ROAD
.FERNANDO
AVE
VICINITY MAP
NOT TO SCALE
LEGEND
BOUNDARY LINE O?
PROPOSED ANNEXATlt
BOUNDARY LINE OF
EXISTING ANNEXATION
EXISTING CITY
LIMITS
EXHIBIT B
PROPOSED ANNEXATION
TO THE CITY OF CUPERTINO
ENTITLED BYRNE AVE. 98-14
DATE: NOVEMBER, 1998/ SCALE: 1"=100'
BY: J.C. REVISED:
JAMES C. CHEN, C.E., S.E.
P.O. BOX SAN
95160