CC Resolution No. 99-345 RESOLUTION NO. 99-345
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF
TERRITORY DESIGNATED "N. STELLING ROAD 99-06", APPROXIMATELY 0.24
ACRE LOCATED ON THE WEST SIDE OF N. STELLING ROAD BETWEEN
GARDENA DRIVE AND GREENLEAF DRIVE; SEET (APN 326-08-051)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.457 acre on the east side of
Imperial Avenue (APN 326-08-051) has been filed by property owner William Seer; and
WHEREAS, on November 1, 1999, the City Council adopted Resolution No. 99-
324 initiating proceedings for annexation of the area designated "N. Stelling Road 99-
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
Code for the annexation of property designated "N. 35150.5 of the Government
particularly described in Exhibit "A"; Stelling Road 99-06", more
That the following findings are made by the City Council of the City of
Cupertino:
That said territory is uninhabited and comprises approximately 0.24
acre.
Resolution No. 99~345
b.
Page 2
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 '
and previousl annro .... ,: .... .: environment,
Y ,-~- red th,, ~,oa~tmg ola meganve Declaration.
The City Council on May 17,1999, enacted an ordinance prezoning
the subject terr/tory to City of Cupertino RI-10 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 annex--: ....
,mon ponc~es. The City shall reim
.County for actual costs incurred b,, th~ r~ ....... b~. s.e the.
aetermination, j ,~ ~.c, usity surveyor ~n making th~s
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.
2
Resolution No. 99-345
Page 3
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 6th day of December, 1999, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
Members of the City Council
Bumett, Chang, James, Lowenthal, Statton
None
None
None
ATTEST:
APPROVED:
City Clerk