CC Resolution No. 00-268RESOLUTION NO. 00-268
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF
TERRITORY DESIGNATED "SAN FERNANDO AVENUE 00-09",
APPROXIMATELY 0.1704 ACRE LOCATED ON THE NORTH SIDE OF SAN
FERNANDO AVENUE BETWEEN BYRNE AVENUE AND ORANGE AVENUE; GU
AND ZHANG (APN 357-15-046)
WHEREAS, a petition for the annexation of certain ten'itory to the City of
Cupertino in the County of Santa Clara consisting of 0.1704+ acre on the north side of
San Femando Avenue (APN 357-15-046) has been filed by property owners Xiao-Bai
Gu and Peizhen Zhang; and
WHEREAS, on October 2, 2000, the City Council adopted Resolution No. 00-247
initiating proceedings for annexation of the area designated "San Femando Avenue 00-
09"; 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 "San Femando Avenue 00-09",
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 0.1704
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 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.
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.
Resolution No. 00-~6,~ Pa~e ~
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 November, 2000, by the following vote:
Vote
Members of the City Council
AYES:
Bumett, Chang, James, Lowenthal, Statton
NOES: None
ABSENT: None
ABSTA1N: None
ATTEST:
City~
EXHIBIT "A"
ANNEXATION TO THE CITY OF CUPERTINO
ENTITLED:
SAN FERNANDO AV . 00-09
(XIA0 BAI GU)
Ail that certain real property situated in the County of Santa
Clara, State of California, being a portion of Section 108 of
"MAP OF SUBDIVISION 'A' MONTA VISTA", which map was recorded on
April 11, 1917 in Book "P" of Maps at page 20, Santa Clara County
Records, described as follows:
Beginning at the intersection of the Westerly line of the
herein described parcel with the Northerly line of San Fernando
Avenue, 40 feet wide, said point being the Southeasterly corner
of that certain annexation to the City of Cupertino, California,
entitled San Fernando Ave. 00-05;
Thence along the Westerly line of said parcel also being the
Easterly line of said San Fernando Ave. 00-05 annexation, North
148.42 feet;
Thence along the Northerly line of said parcel, also being
the Southerly line of the Almaden Ave. 96-15 annexation to said
City, East 50.00 feet to the Northeasterly corner of said parcel,
also being the most Northwesterly corner of the San Fernando Ave.
88-07 annexation to said City;
Thence along the Easterly line of said parcel also being the
Westerly line of said San Fernando Ave. 88-07 annexation, South
148.42 feet to the Northerly line of San Fernando Avenue;
Thence along said Northerly line~ also being a Northerly
line of said San Fernando Ave. 88-07 annexation, West 50.00 feet
to the point of beginning.
Containing 0.1704 of an acre, more or less.
Date: August 3, 2000
APN: 357-15-046
Address: 21905 San Fernando Ave.,
Cupertino
N
AVE.
LE
L
Oolor~
,L.O CAT/OM
EXt-II~IT
FR0?OSEO ANNEXATION
TO TIlE CiTY OF CLIPEJ~TINO
ENTITLED:
5AN FER, I~AHDO AV~.. 00-0~
AO~u,57',_~ 2ooo