CC Resolution No. 5155 , ~ ~
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' RESOLUTIO:f \0. 5155
~ a RESOLUTIO~ OF THE CITY COUNCIL OF THE CITY OF CUPERTI50
REG~RDIVC A.~'SE&1TIOti OF PROPERTY ~dITHI:7 THE CITY'S URBa.v
SERVICE aRF<1 WHERE CITY l•!ATER SERVICE E.\ISTS
idHEREAS, it is the policy of [he City of Cupertino and the County of
Sanca Clara that all new construction shall cake place within [he City's juris-
diction; and
i.iiERF.1S, within the Cuunty's ,jurisdiction where water service is in esistence,
major alterations,repairs and addi[ions have been aliowed to be underca~cen
c:i[hout consideration ~i annexa[ion, even Co the esten[ of detaoli[ion of older
s[ructures and replacemenc wi[h en[irely new buildings; and
ti'FiEREAS, it is [he Ci[y of Cupertino position [hac limits on [he zmoun~
of construction that may be undertaken musc be defined;
tiOW, THEREFORE, BE IT RESOL~'ED by the City Council of the City oi Cuper-
tino that in order to promote the orderly developmen[ of the City's Urban
Service Area, [he following polic~ is hereby adopted:
1. Property within the C'_ty of Cupertino's Crban Service Area, wi~h esis[ing
City wa[er services, shall be annexed to the City a[ such Cime as an addition,
altera~ion, repair or new construction on the property exceeds [wenty-five
percent (25`/,), within any consecutive two (2) year period, of [he re-
piacement value of the e~is[ing structure or s:ructures loca[ed on the
property.
Said replacement value shall be determined by the Building Official of
the City of Cupertino.
In [he event the property cannot be annexed due to its physical loca[ion,
the property owner snall sign an agreement with che City of Cupertino,
agreeing to anne~ca[ion w1~en physically possible to accomplish same. In
that event, construction shall be allowed [o ~roceed under County juris-
diction.
3. Ci[~• staff is herebv direc[ed to withhold the issuance of clearance letters
to the County of Santa Clara in the even[ the twent}•-Five percent (25io)
replacement value is exceeded as outlined in number 1 above.
It is requested cha[ the Coun[y of Santa Clara advise [he Ci[y of Cuper-
cino of any and all building permit applica[ions wi[hin the City's Croan
Service Area so that a de~ermination can be made relative [o the applica-
bilit~• oi this policy.
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5. The Cicy Clerk is hereby directed co [ransmit a cerciilad copy of this
resolucion to ~he County Board of Supervisors, Local ,lgenc~• Formation
Cos~mission, Santa Clara County Cen[ral Permit Office and any o[her official
as deemed appropriate.
PASSED ?,.~D ~1DOPTED at a regular r~eeting oi the Ci[y Council of the City
of Cupertino [his 20th day of November , 1979 b~• tha iullowing vo[e:
Gote ?lembers of [he Cit~' Council
~YES: ~ackson, 0'Keefe, Rogers, Sparks, Meyera
:IOES: None
ABS~T: None
~BST~I~: None
APPROVED:
/~Cl~-(
:fayor, City of Cupert o
ATTEST:
i
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City Clezk