CC Resolution No. 01-012RESOLUTION NO. 01-012
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MAK1NG DETERMINATIONS AND APPROVING THE REORGANIZATION OF
TERRITORY DESIGNATED "BYRNE AVENUE 99-09", APPROXIMATELY 0.445
ACRE LOCATED ON BYRNE AVENUE BETWEEN ALCAZAR AVENUE AND
DOLORES AVENUE; CHOE (APN 357-14-032)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.445+ acre on Byrne (APN 35%
14-032) has been filed by property owner William Choe; and-
WHEREAS, on December 4, 2000, the City Council adopted Resolution No. 00-
294 initiating proceedings for annexation of the area designated "Byme Avenue 99-09";
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 heating; 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 99-09", more
particularly described in Exhibit "A";
That the following findings are made by the City Council of the City of
Cupertino:
That said ten'itory is uninhabited and comprises approximately 0.445
acre.
Resolution No. 01-012 Paae p
That the annexation is consistent with the orderly atmexation 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 ha~ 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 R1-7.5 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.
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 3515 l
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
P.e~olution No. 01-012 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 16th day of January, 2001, by the following vote:
Vote
AYE S:
NOES:
ABSENT:
ABSTA1N:
Member__s o__f th._.~e City Council
Bumett, Chang, Lowenthal, James
None
None
None
ATTEST:
City Clerk
APPROVfjD:
Mayor, City of Cu~er~
EXHIBIT "A"
ANNEXATION TO THE CITY OF CUPERTINO
ENTITLED BYRNE AVE. 99-09
DATE: JUNE~ 1999
REVISED: OCTOBER, 2000
Ail that real property situate in the County of Santa Clara, State of California described as
follows:
Beginning at the southeasterly corner of Section 138, as shown on that certain Map
entitled, "Map of Subdivision "A" Monta Vista", which Map was filed for record in the
office of the Recorder of the County of Santa Clara, State of California on April 11, I917
in Book "P" of Maps, at page 20; thence along the easterly line of said Section 138 North
90.82 feet to the southerly line of Alcazar Avenue as shown on said Map; thence along
southerly line of Alcazar Avenue East 100.15 feet to the westerly line of that certain
annexation to the City of Cupertino entitled, "Alcazar 89-07"; thence along the said
westerly line of annexation "Alcazar 89-07 North 40.00 feet; thence leaving said line
West 57.16 feet; thence North 5.00 feet; thence West 62.81 feet; thence South 5.00 feet;
thence West 80.44 feet to the easterly line of that certain annexation to the City of
Cupertino entitled, "Bryne 99-10" and the easterly line of Bryne Avenue as shown on
said Map; thence along said easterly line South 5.81 feet to the southeast corner of said
annexation "Bryne 99-10"; thence along the southerly line of said annexation "Bryne 99-
10 West 50.00 feet to the northeasterly comer of that certain annexation to the City of
Cupertino entitled, "Byrne 89-02"; thence along the easterly line of said annexation
"Bryne 89~02 and its prolongation South 120.00 feet to the northerly line of that certain
annexation to the City of Cupertino entitled, "Bryne Ave. 97-08"; thence along said
norfl~erly line of annexation "Byrne Ave. 97-08" East 50.00 feet to the easterly line of
Byrne Avenue and the northeasterly corner of annexation "Byrne Ave. 97-08; thence
along the last said lines South 5.01 feet to the southerly line of said Section 138; thence
along the southerly line of said Section 138 East 100.15 feet to the POINT OF
BEGINNING.
Said parcel of land containing 23,426 square feet or 0.538 acres, more or less.
Prepared by:
Marvin D' Kirkeby ~l~
R.C.E. No. 14001
Exp ires 3/31/2001
AREA OF ANNEXJ~TION
PROPOSED ANNEXATION I~OUNDA RY
EXISTING ANNEXATION BOUNDARY
BYliNE
9 92.10
EAST
SCALE: i": 40'
EAST
SITE
McCLELLAN
DOLORES AVE.
ROAD
NORTtt ~ 40.00~ '--..
J EA$1~Slte':-- ""
.. ........ NO~T~t~ 5.00~ ......... , ~,,
B Y.R N'E
89-02
'SECTION 138~
MAP Of SUBDI
A "MONTA .VISTA
~,P,N. 357-14-032
EAST
EXISTING ANNEXATION
"8YRNE AVE. 97-08"
.EAST
EA'~T 20.
Z
>-
NNEXATION
426 SQ. FT
EAST IOOJS'
· KIRKEBY ENGINEERING -..
2397.FOREST AVENUE
SAN JOSE, CA 95128 (408) 984-0331
EXHIBIT "B"
PLAT TO~CCOMPANY DESCI IPT
PROPOSED ANNEXATION TO THE CITY
OF CUPERTINO
"BYRNE AVE. 99-09" ~. ~
SCALE: I" = 40'
DATE: JUNE 1999
JOB NO. 99039