CC Resolution No. 02-166RESOLUTION NO. 02-166
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION
OF TERRITORY 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, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.228+ acre on the north side of San
Femando Avenue between Orange Avenue and Byme Av-enue (APN 357-15-039) has
been filed by property owners Chao-Yue Liu and Daphne W. Chen; and
WHEREAS, on August 19, 2002, the City Council adopted Resolution No. 02-
146 initiating proceedings for annexation of the area designated "San Fernando Avenue
2-02; and
WHEREAS, said territory is uninhabited and all owners of land included in the
proposal consent to this annexation; and
WHEREAS, Section 56757 of the California Governmem 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 ten/tory 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 56757 of the Government
Code for the annexation of property designated "San Fernando Avenue 02-02",
more particularly described in Exhibit "A";
2. That the following findings are made by the City Council of the City of Cupertino:
Resolution No. 02-166 Page 2
That said territory is uninhabited and comprises approximately 0.228
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 21, 1984, to, 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 56837
et seq. of the Government Code.
2
Resolution No. 02-166 Page 3
That the Clerk of the City Council of the City of Cupertino is directed to give
notice of said annexation as prescribed by law.
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 September 2002, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Lowenthal, Chang, James, Kwok, Sandoval
None
None
None
ATTEST:
Ci~~
APPROVED:
Mayor, City of Cupertino