CC Resolution No. 03-075- RESOLUTION NO. 03-075
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MAKING DETERMINATIONS AND APPROVING THE ANNEXATION OF
TERRITORY DESIGNATED "DOLORES AVENUE 02-04", PROPERTY
LOCATED ON THE SOUTH SIDE OF DOLORES AVENUE BETWEEN BYRNE
AVENUE AND ORANGE AVENUE; APPROXIMATELY 0.21 ACRE, HSU
(APN 357-14-015)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.21+ acre on the south side of
Dolores Avenue (APN 357-14-015) has been filed by property owners Allen and Cindy
Hsu; and
WHEREAS, on April 7, 2003, the City Council adopted Resolution No. 03-063
initiating proceedings for annexation of the area designated "Dolores Avenue 02-04"; and
WHEREAS, said territory is uninhabited and all owners of land included in the
proposal consent to this annexation; and
WHEREAS, Section 56757 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 56757 of the Government
Code for the annexation of property designated "Dolores Avenue 02-04", more
particularly described in Exhibit "A";
2. That the following findings are made by the City Council of the City of
Cupertino:
Resolution No. 03-075 Page
That said territory is uninhabited and comprises approximately 0.21
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 Council on May 21, 1984, enacted an ordinance prezoning
the subject territory to City of Cupertino Pre 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.
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 56837
et seq. of the Government Code.
2
Resolution No. 03-075 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 21 st day of April 2003, by the following vote:
Vote
Members of the City Council
AYES: Chang, James, Kwok, Sandoval
NOES: None
ABSENT: Lowenthal
ABSTAIN: None
ATTEST:
City,Clerk~~
ROVED: ~ ~
Mayor, City of Cupertino
"EXltlBIT A"
ANNEXATION TO TI-IE CITY OF CUPERTINO
DOLORES AVENUE 02-04
OCTOBER 2002
REVISION: JANUARY, 2003
All that certain real property situate in the County of Santa Clara, State of Califorula, more
particularly described as follow:
A portion of Lot 155 and a portion of Lot 156 as shown upon the Map of Subdivision" A"
Monta Vista, which Map was filed for record in the office of the Recorder of the County of Santa
Clara, State of Califorrda, on April 1 lth, 1917 in Book "P" of Maps, Page 20, and more
particularly described as follow:
Begi~nlng at the point of the Southeast comer of Lot 155 as shown on said subdivision;
Thence from said point of begirming North 80.82 ft along the Easterly boundary of said Lot 155,
also the Westerly boundary of that certain armexation to the City of Cupertino entitled "Dolores
Avenue 88-13 "to a point on the Southerly sideline of Dolores Avenue (vadabl~ width right of
way ).
Thence West 70.15 feet along the Southerly sideline of Dolores Avenue and the boundary of the
certain annexation to the City of Cupertino entitled
"Byrne Avenue 88-I1"
Thence along a tangent curve to the left having a radius of 20 feet, with a central angle of 90° 00'
00", for an arc length 31.42 feet to a point on the Easterly sideline of Byme Avenue ( variable
width right of way ) and the boundary of the certain annexation to the City of Cupertino entitled
"Byme Avenue 88-11 ".
Thence South 79.94 feet along the Easterly side line of Byme Avenue to the boundary of the
certain annexation to the City of Cupertino entitled" Byme Avenue 85-01".
Thence East 90.15 feet along the said boundary of the certain annexation to the City of Cupertino
entitled" Byme Avenue 85-01 "to the Easterly boundary of the portion of Lot 156;
Thence North 19.12 feet along the Easterly boundary of the pot/ion of Lot 156 to the Point of
Beginning.
Containing:
A.P.N.:
8924 square feet, more or less
0.21 acres, more or less
357- 14- 015
N
50 0 50 100
200
1 inch -- 100 ft.
R=2
A= 90'00'00'
L=51.42
APN 357-14-015
8924 SO. FT.
0.21 ACRES
EXISTING ANNEXAT
BYRNE AVE. 85-01
& RESOLUTION NO. 6604
I
70.15
90.15
-- EXISTING ANNEXATION
BYRNE AVE. 88-11
N
__ DOLORES
/ ALCAZAR AVE
DOLORES AVE
Mc CLELLAN RD.
VICINITY MAP
NO TO SCALE
19.12
EXISTING ANNEXATION
DOLORES AVE. 88-13
& RESOLUTION NO. 8086
DIMENSION ARE IN FEET AND
DECIMALS OF A FOOT.
LEGEND
BOUNDARY LINE OF --
PROPOSED ANNEXA~ON~
BOUNDARY LINE OF
EXISTING ANNEXA~ON
EXISTING CITY LIMITS
25538
,L
EXHIBIT B
PROPOSED ANNEXATION
TO THE CITY OF CUPERTINO
ENTITLED DOLORES AVE. 02-04
DATE: OCT, 2002 SCALE: 1"=100'
BY: J.C. REVISED: JAN, 2003
JAMES C. CHEN, C.E., S.E.
P.O.BOX 20302, SAN JOSE, CA 95160