CC Resolution No. 00-269RESOLUTION NO. 00-269
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF
TERRITORY DESIGNATED "ORANGE AVENUE 00-10", APPROXIMATELY 0.22
ACRE LOCATED ON THE EAST SIDE OF ORANGE AVENUE BETWEEN
ALCAZAR AVENUE AND NOONAN COURT; MA AND PENG (APN 357-19-005)
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
Orange Avenue (APN 357-19-005) has been filed by property owners Zhijian Ma and
Suyi Peng; and
WHEREAS, on October 2, 2000, the City Council adopted Resolution No. 00-248
initiating proceedings for annexation of the area designated "Orange Avenue 00-10"; and
WHEREAS, said territory is uninhabited and ail owners of land included in the
proposal consent to this annexation; and
WHEREAS, Section 35150.5 of the Caiifomia Government Code states that the
Local Agency Formation Commission shail 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 00-10", more
particularly described in Exkibit "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.
P. esolufion No. 00-26~ 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.
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.
2
Reg01ution No. 00-269 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 6th day of November, 2000, by the following vote:
Vote
Members o._f th.~e City Council
AYES:
Burnett, Chang, James, Lowenthal, Statton
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk~~
/Ma~or, City o¥ Cupertino
Annexation Orange Avenue 00-10
Exhibit "A"
Resolution No.
All that certain real property situate in the unincorporated area, County of Santa Clara, State of
California, described as follows:
Portion of Lot 24, as shown upon that certain Map entitled, "Tract No. 300, Map of the Noonan
Subdivision Unit No. 2", which Map was filed for record in the office of the recorder of the
County of Santa Clara, State of California, on May 6, 1946 in Book 10 of Maps, Page 16, and a
portion of the Southwest 1/4 of Section 14, Township 7 South, Range 2 West, Mount Diablo
Base and Meridian, and more particularly described as follows:
Beginning at a point on the Easterly line of Orange Avenue, distant thereon South 75.00 feet
from the northerly line of Lot 24, as said Avenue and Lot are shown on the Map above
referenced to; nmning thence South 89° 58' East and parallel with the northerly line of said Lot
24 and along the southerly boundary line of that certain annexation to the City of Cupertino '
entitled Orange Avenue 89-06, for a distance of 130 feet to a point in the westerly line of that
certain annexation to the City of Cupertino entitled Noonan 73~8; running thence South and
parallel with the Easterly line of Orange Avenue and along the westerly boundary line of those
certain annexations to the City of Cupertino entitled Noonan 73-8 and McClellan l-A, 75.00 feet;
running thence North 89° 58' West and parallel with the northerly line of said Lot 24 and along
the boundary line of that certain annexation to the City of Cupertino entitled McClellan I-A, a
distance of 130.00 feet to the Easterly line of Orange Avenue and the southeasterly boundary
comer of that certain annexation to the City of Cupertino entitled Alcazar Avenue 80-49 and the
northeasterly boundary comer of that certain annexation to the City of Cupertino entitled Fuchs
76-4; running thence North along said Easterly line and easterly boundary line of said Alcazar
Avenue 8049, 75.00 feet to the point of beginning.
Also and further described as the land in the unincorporated area of the County of Santa Clara
that is completely surrounded by the annexations to the City of Cupertino entitled McClellan l-
A, Noonan 73-8, Fuehs 76-4, Alcazar 80-49 and Orange Avenue 89-06.
Containing 0.22 acres, more or less
APN 357-19-005 & 357-19-006
No, ¢ 32251
Exp.~
I
I
1
ALCA~A~
p,Ic ~I_ELL~IV I~I..)A.D
P~opo~Go ANA/E,XA'1'lOA/
'rD 'r p, E
Our'( 06 COppI~TINO
E/'qT
" OR~,IN6E AVE. DO .-ID