CC Resolution No. 00-079RESOLUTION NO. 00-079
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF
TERRITORY DESIGNATED "BYRNE AVENUE 99-10", APPROXIMATELY 0.234
ACRE LOCATED ON THE WEST SIDE OF BYRNE AVENUE BETWEEN SAN
FERNANDO AVENUE AND ALCAZAR AVENUE; HOLT (APN 357-12-029)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.234 acre on the east side of
Imperial Avenue (APN 357-12-029) has been filed by property owners Warren and E.
Yvonne Holt; and
WHEREAS, on February 7, 2000, the City Council adopted Resolution No. 00-
045 initiating proceedings for annexation of the area designated "Byme Avenue 99-10";
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 "Byme Avenue 99-10", 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 0.234
_ acre.
Resolution No. 00-079 Page 2
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 Pre R1-7.5 zone.
e. Annexation to the City of Cupertino will affect no changes in special
districts.
f. 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% 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.
k. That the proposed annexation is consistent with the City's General Plan.
1. That the City has complied with all conditibns 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. 00-079 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 March, 2000, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Bumett, Chang, James, Lowenthal, Statton
None
None
None
ATTEST:
- EXHIBIT A
BYRNE AVENUE gg-10
All of that real property situate in Santa Clara County, California described as follows:
BEGINNING at the Northeasterly corner of Lot 4, said point also lying on the Westerly line
of Byme 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 East 50.00 feet along an Annexation line of the City of
Cupertino, as defined by the Annexation titled "Byme Avenue 98-12", to a point on the
Easterly boundary of Byrne Avenue; thence leaving said Annexation line and proceeding
along the Easterly boundary of Byrne Avenue South 60.00 feet; thence leaving said
Easterly line and proceeding West 50.00 feet to the Northeasterly corner of the Annexation
to the City of Cupertino titled Byme Ave. 89-02; thence along the Northerly line of said
Annexation West 120.00 feet to the Southwesterly corner of the above mentioned Lot 4;
thence along the Westerly line of said Lot North 60.00 feet to the Northwesterly corner of
said Lot; thence along the Northerly line of said Lot and along the above mentioned
Annexation Line East 120.00 feet to the point of BEGINNING.
Containing 0.234 acre more or less and consisting of all of Lot 4 and a portion of Byrne
Avenue as shown on the above-mentioned Map.
Gwoz/gwoz-exha.doc
Revised 1-24-00
No, 20597
EXHIBIT B
PROPOSED ANNEXATION
TO THE CITY OF CUPERTINO~,~~
ENTITLED i ~ ~----/
BYRNE AVE. 99-10// I /
~ ~ x / / r I ~1~ LIMITS OF
~ ~ % '~ LOT1 I ~ I CUPER~NO
SCALE: 1" = 60' o ~ I
APN 357-12-029
PROPOSED ANNEXATION
0.234 AC (10,200 SQ. FT.)
VICINITY
SAN!
SITE--~.g
Ld
Z
I I--' ~ POB LOT .3
WEST 170.00
:.. _ _ _
FERNANDO AVE.
ALCAZAR ¢
DOLORES $
OF ANNEXATION
AVE. 89-02"
CUPERTINO CITY LIMITS
PROPOSED ANNEXATION LIMITS
SEPTEMBER 22, 1999
REV 1-24-00