CC Resolution No. 99-167RESOLUTION NO. 99-167
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF
TERRITORY DESIGNATED "GARDEN GATE DRIVE 99-02", APPROXIMATELY
0.24 ACRE LOCATED ON THE NORTH SIDE OF GARDEN GATE DRIVE
BETWEEN BEARDON DRIVE AND THE CITY LIMITS; YANG (APN 326-33-017)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.24 acre on the north side of
Garden Gate Drive (APN 326-33-017) has been filed by property owner Sophia Yang;
and
WHEREAS, on May 17, 1999, the City Council adopted Resolution No. 99-142
initiating proceedings for annexation of the area designated "Garden Gate Drive 99-02";
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 armexation; 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 "Garden Gate Drive 99-02", 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 0.24
- . acre.
Resolution No. 99-167 Page
That the annexation is consistem 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 17, 1999, enacted an ordinance prezoning
the subject territory to City of Cupertino Pm-P 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.
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.
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.
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 Mo./)~)- 1 ~7 Page
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 21st day of June, 1999, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
Members of the City Council
Bumett, Chang, James, Statton, Dean
None
None
None
ATTEST:
City Clerk~~
APPROVED:
Mayor, City of Cupertino
EXHIBIT A
ANNEXATION TO THE CITY OF CUPERTINO, CALIF.
ENTITLED "GARDEN GATE DRIVE ~)9-02"
All that certain real property situated in the County of Santa Clara, State of California, being all
of Lot 175 of Tract 783, "GARDEN GATE VILLAGE ADDITION" which map was filed in
Book 30 of Maps at Pages 30-33, Santa Clara County Records, described as follows, to wit:
Beginning at the Northeastern comer of said Lot 175 on the westerly line of the Original City
Limits Line of the City of Cupertino;
Thence from said point of beginning along the northerly line of said Lot to the northwestern
comer thereof West 87.61 feet; thence along the western boundary of said Lot, South 120.00 feet
to the southwestern comer thereof on the northern line of Garden Gate Drive(60 feet wide);
thence along the southern line of said Lot along the northern boundary of Garden Gate Drive,
East 87.72 feet; thence along the eastern boundary of said Lot, also being the western line of said
mentioned City Limits, North 0°04'West 120.00 feet, to the point of beginning.
Containg 0.24 acres of land, more or less.
Compiled in February 1999 by Dunbar and Craig Land Surveys, Inc. Job 99061
Curt G. Dunbar, LS 5615
License renewal date 9-30-2002
Z
0
LOT 149
TRACT ~o 785
GARDEN GATE VILLAGE ADDITION
BOOK 30 OF MAPS P~GES 30, 31, 32 & 35
LOT 175 LOT 17¢
~0~ '~
LO/ 175
LOT 176 ~
0.024+/- ACRES
GARDEN
GATE DRIVE
LEGEND
= Boundory Proposed Annexotion
= Boundery Record Subdivision
- Boundery Originol City Limits
= Centerline
5615
UCENSE
~ >~,,,~50RENEWAL DAIE
SEPT
DUNBAR and CRAIG
LICENSED LAND SURVEYORS
1011 CEDAR SmEET, SANTA CRUZ, CA 95060
P.O. BOX 1018, SANTA CRUZ, 950~1
LS NO. 5615 RENEWAL DA~ 9/30/2~2
ACAD NO. 99061a.dwg JOB NO. 99061
VICINITY MAP (No
GARDEN ~SITE
GATE OR
g
z
ALVES DR
STEVENS CREEK
EXHIBIT "B"
PROPOSED ANNEXATION TO THE
CITY OF CUPERTINO, CAUF. ENTITLED
"GARDEN GATE DRIVE ~99-02"
APN: 326 - 55 - 017
Scole: 1" = 40 feet Dote: Feb 17, 1999