CC Resolution No. 00-293RESOLUTION NO. 00-293
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF
TERRITORY DESIGNATED "BYRNE AVENUE 00-06", APPROXIMATELY 0.299
ACRE LOCATED ON THE WEST SIDE OF BYRNE AVENUE BETWEEN
ALCAZAR AVENUE AND DOLORES AVENUE; GWOZDZ (APN 357-12-031)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.299+ acre on the west side of
Byme Avenue (APN 357-12-031) has been filed by property owners Barbara and Peter
Gwozdz; and
WHEREAS, on November 6, 2000, the City Council adopted Resolution No. 00-
270 initiating proceedings for annexation of the area designated "Byme Avenue 00-06";
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 "Byrne Avenue 00-06", 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 0.299
_ acre.
Resolution No. 00-293 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 May 16, 2983, enacted an ordinance prezoning
the subject territory to City of Cupertino Pre R1-7.5 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.
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
l~esolutlon N*o. 00-~9~ 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 4th day of December, 2000, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
Members of the City Council
Bumett, Chang, Lowenthal, Statton, James
None
None
None
ATTEST:
City Clerk
APPROVED:
Mayor, City of Ct~per~f~
EXHIBIT A
BYRNE AVENUE 00-06
All of that real property situate in Santa Clara County, California described as follows:
BEGINNING at the Northeasterly corner of Lot 6, said point also lying on the Westerly line
of Byrne Avenue as said Lot and Byrne Avenue are shown on the Map for Tract No. 139,
Stevens Creek Subdivision Map No. 1, recorded in Book 4 of Maps at page 43, Santa
Clare County records; thence West 120.00 feet along the Northerly line of said Lot 6 and
the Annexation line of the City of Cupertino, as defined by the Annexation titled "Byrne
Avenue 89-02", to the Northwesterly corner of said Lot and a point on the Annexation line
of the City of Cupertino, as defined by the Annexation titled "San Fernando 84-1"; thence
South 60.00 feet along the Westerly line of said Lot 6 to the Southwesterly corner and a
point in the Annexation line of the City of Cupertino, as defined by the Annexation titled
"San Fernando 93-01"; thence East 120.00 feet along the Southerly line of said Lot and the
Annexation line of the City of Cupertino, as defined by the Annexation titled "Byme Avenue
97-08" to the Southeasterly corner of said Lot 6; thence North 60.00 feet along the Easterly
line of said Lot and the Annexation line of the City of Cupertino, as defined by the
Annexation titled "Byrne Avenue 99-09" to the point of BEGINNING.
Containing O. 165 acre more or less and consisting of all of Lot 6 as shown on the above-
mentioned Map.
Rev. 10-16-00
Gwoz/gwoz-OO-O6. doc
EXHIBIT B
PROPOSED ANNEXATION
TO THE CITY OF CUPERTINO
ENTITLED
BYRNE AVE. 00-06
SCALE: 1" = 60'
LIMITS OF ANNEXATION
"BYRNE AVE. 89-02"
"SAN FERNANDO
84-1"
APN 557-12-031
PROPOSED ANNEXATION
0.165 AC (7,200 SQ. FT.)
"SAN FERNANDO
93-01"
VICINITY
~ALCAZAR
SITE--~ DOLORES
MAP'S%
Ld
Z
0
"BYRNE 97-08"
ALCAZAR AVE.
UMITS OF
CUPERTINO
CUPERTINO CITY LIMITS
PROPOSED ANNEXATION LIMITS
JUNE 15, 2000
F'"" ¢ 10-16-00