CC Resolution No. 00-144RESOLUTION NO. 00-144
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF
TERRITORY DESIGNATED "N. STELLING ROAD 00-01", APPROXIMATELY 0.22
ACRE LOCATED ON THE EAST SIDE OF N. STELLING ROAD BETWEEN
GARDEN GATE DRIVE AND GREENLEAF DRIVE; GB ESTATE HOMES LLC
(APN 326-30-089)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.22+ acre on the east side of
N. Stelling Road (APN 326-30-089) has been filed by property owner GB Estate Homes
LLC; and
WHEREAS, on April 17, 2000, the City Council adopted Resolution No. 00-109
initiating proceedings for annexation of the area designated "N. Stelling Road 00-01";
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 "N. Stelling Road 00-01", 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 0.22
acre.
Resolution No. 00-144 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 environment,
and previously approved the granting of a Negative Declaration.
The City Council on April 3, 2000, enacted an ordinance prezoning
the subject territory to City of Cupertino Pre 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.
g. 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.
k. 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.
l~esolutlon lqo. 00-1zt4 Page
BE IT FURTHER RESOLVED that upon completion of these reorganization
proceedings the territory annexed will be detached fi.om the Santa Clara County Lighting
Service District.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 15th day of May, 2000, by the following vote:
Vote
AYES:
NOES: None
ABSENT: None
ABSTAIN: None
Member__~s o__f th._.~e City Council
Burnett, Chang, Jmes, Lowenthal, Statton
ATTEST:
Mayor, City of Cupertino
EXHIBIT A
ANNEXATION TO THE CITY OF CUPERTINO
N. STELLING ROAD # 00-01
FEBRUARY 2000
All that certain property situate in the County of Santa Clara, State of California, more
particularly described as follows:
Beginning at the Northwesterly corner of Lot 103, as shown on the subdivision map of Tract
783, recorded in the office of the Recorder of the County of Santa Clara, State of California on
September 6, 1950 in Book 30 of Maps, at Pages 30, 31, 32 and 33, said point bei. ng on the
corporate limit line of City of Cupertino as established in October 1955; thence along the lot
line of LOt 103
North 90 Degrees 00 Minutes 00 Seconds East a distance of 125.00 feet; thence South 00
Degrees 00 Minutes 00 Seconds East a distance of 75.00 feet; thence North 90 Degrees 00
Minutes 00 Seconds West a distance of 125.00 feet to said city limit line; thence along said line
North 00 Degrees 00 Minutes 00 Seconds East a distance of 75.00 feet to the point of
beginning.
Containing 0.215 acres more or less.
APN 326-30-89
revised 3/17/00
No. 4953
~pires 12-31-0~,
SCALE I "=40'
NOR TH
~ORIQINAL INOORPORATION
CITY OF CUPERTINO
OCTOBER I95E
LE&END
N O0'OO'00" E 75,00'
LOT I05,
TRACT 785
N 00'00'00" E 7S. 00'
STELL INQ ROAD
EXHIBIT B
PROPOSED ANNEXATION
TO CITY OF CUPERTINO
ENTITLED N. $?ELLIN~
ROWED # eO -' O/
PROPERTY TO 8E ANNEXED --
TO CITY OF CUPERTINO
EXISTINC PARCEL LINE
[/*~ No. 4953
RfiY BABI£KA