CC Resolution No. 02-146-- RESOLUTION NO. 02-146
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA
DESIGNATED "SAN FERNANDO AVENUE 02-02", PROPERTY LOCATED ON
THE NORTH SIDE OF SAN FERNANDO AVENUE BETWEEN ORANGE
AVENUE AND BYRNE AVENUE; APPROXIMATELY 0.228 ACRE, LIU AND
CHEN (APN 357-15-039)
WHEREAS, the City Council of the City of Cupertino has received a request for
annexation of territory designated "San Femando Avenue 02-02" from property owners,
Chao-Yue Liu and Daphne W. Chen; and
WHEREAS, the property, 0.228+ acre on the north side of San Femando Avenue
between Orange Avenue and Byme Avenue (APN 357-15-039) is contiguous to the City
of Cupertino and is within its urban service area; and
WHEREAS, annexation would provide for use of City services; and
WHEREAS, this territory is uninhabited and was prezoned on May 21, 1984, to
City of Cupertino Pre R1-7.5 zone; and
WHEREAS, the City of Cupertino, as Lead Agency for environmental review
completed an initial study and granted a Negative Declaration for annexation; and
WHEREAS, the County Surveyor of Santa Clara county has found the map and
description (Exhibits "A" and "B") to be in accordance with Government Code Section
56826, the boundaries to be definite and certain, and the proposal to be in compliance
with LAFCO's road annexation policies; and
WHEREAS, the fee set by the County of Santa Clara to cover staff cost for above
certification has been paid; and
WHEREAS, as provided in Govemment Code Section 56826 the City Council of
the City of Cupertino shall be conducting authority for a reorganization including an
annexation to the City; 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;
Resolution No. 02-146 Page 2
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Cupertino hereby initiates annexation proceedings and will consider annexation of the
territory designated "San Femando Avenue 02-02" and detachment from the Santa Clara
County Lighting Service District at their regular meeting of September 16, 2002.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 19th day of August 2002, by the following vote:
Vote
Members of the City Council
AYES: Lowenthal, Chang, James, Kwok
NOES: None
ABSENT: Sandoval
ABSTAIN: None
/s/Kimberly Sm'[~h ~-
City Clerk
~2wenthal
Mayor, City of Cupertino