CC Resolution No. 01-179- RESOLUTION NO. 01-179
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA
DESIGNATED "BYRNE AVENUE 01-05", PROPERTY LOCATED ON THE
WEST SIDE OF BYRNE AVENUE BETWEEN GRANADA AVENUE AND
HERMOSA AVENUE; APPROXIMATELY 0.410 ACRE, MAI.DANADO
(APN 357-11-003)
WHEREAS, the City Council of the City of Cupertino has received a request for
annexation of territory designated "Byme Avenue 01-05" from property owners, Staci
and Jose Maldonado; and
WHEREAS, the property, 0.410+ acre on the west side of Byme Avenue between
Granada Avenue and Hermosa Avenue (APN 357-11-003) 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 R1-8 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 Government 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;
P. esolut'mn No. 01-1'~9 Page 2
NOW, THEREFORE, BE IT RESOLVED, that the City Council of thc City of
Cupertino hereby initiates annexation proceedings and will consider annexation ol' the
territory designated "Byrne Avenue 01-05" and detachment from the Santa Clara County
Lighting Service District at their regular meeting of September 17, 2001.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 20th day of August, 2001, by the following vote:
Vote
Members of the City Council
AYES: Burnett, Chang, James, Lowenthal
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk (./ '
APPROVED:
-'~2agor, ~ity of C~(rtino