CC Resolution No. 00-156RESOLUTION NO. 00-156
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTrNO
MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF
TERRITORY DESIGNATED "ORANGE AVENUE 00-04", APPROXIMATELY 0.237
ACRE LOCATED ON THE WEST SIDE OF ORANGE AVENUE BETWEEN
HERMOSA AVENUE AND LOMITA AVENUE; KANG (APN 357-16-060)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.237+ acre on the west side of
Orange Avenue (APN 357-16-060) has been filed by property owners Kelvin and
Martha Kang; and
WHEREAS, on May 1, 2000, the City Council adopted Resolution No. 00-139
initiating proceedings for annexation of the area designated "Orange Avenue 00-04"; and
WHEREAS, said temtory 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 "Orange Avenue 00-04", more
particularly described in Exhibit "A";
That the following findings are made by the City Council of the City of
Cupertino:
That said territory is uninhabited and comprises approximately 0.237
acre.
Resolution No. 00-156 Page
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 16, 1983, enacted an ordinance prezoning
the subject territory to City of Cupertino Pre R1-8 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.
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.
2
Resolution No. 00-156 Page
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 5th day of June, 2000, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Bumett, Chang, James, Lowenthal, Statton
None
None
None
ATTEST:
City Clerk~~~
EXHIBIT "A"
ANNEXATION TO THE CITY OF CUPERTINO,
ENTITLED:
ORANGE AVE. 00-04
CALIFORNIA
Ail that certain real property situated in the County of Santa
Clara, State of California, being a portion of Section 78 of
"MAP OF SUBDIVISION 'A', MONTA VISTA", which map was filed for
record on April 1!, i917 in Book P of Maps at Page 20, Santa
Clara County Records, more particularly described as. follows:
Beginning at the Northeasterly corner of said Section on the
Westerly line of O~ange Avenue, said corner being along a
westerly boundary of that certain annexation to the City of
Cupertino, California, entitled "ORANGE AVENIJE 90-02";
Thence along said Westerly line of said Orange Avenue also being
a westerly line of said annexation, South 98.30 feet to the
intersection of said Orange Avenue annexation with the most
Northerly line of that certain annexation to said City entitled
"LOMITA AVEN73E 90-07";
Thence along the Northerly line of Lomita Avenue also being the
Northerly line of said "LOMITA AVENUE 90-07" annexation, West
lO5.1
Thence leaving said Northerly lines and along the Westerly line
of said Section 78, North 98.30 feet to the Northwesterly corner
thereof;
Thence along the Northerly line of said Section, East 105.15 feet
to the point of beginning.
Containing 0.237 of an acre, more or less.
Date: March 11, 2000
APN: 357-16-060
Address: 10175 Orange Avenue
Cupertino, CA
.~; t-'., c 'T 77
t/
AVE.
"Lo~-¢l:'a A~/~. 90-07"
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1,10T TO SCALE
EXHIBIT"
1:::~0 POS EP ^NI4E'/ATIO i'4
TO TIlE ClT'Y01:: CUPERTINO
ENTITLED:
JORANI:;::E AVE 00-04.
MAR.. Il,?..000 5CAL.E:I%~O'