CC Resolution No. 9126
RESOLUTION NO. 9126
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO MAKING DETERMINATIONS AND APPROVING
THE ANNEXATION OF TERRITORY DESIGNATED "BYRNE
AVENUE 94-01 ", APPROXIMATELY 0,85 ACRE LOCATED ON
THE WEST SIDE OF BYRNE AVENUE BETWEEN LOMITA
A VENUE AND ALMADEN AVENUE; O'CONNORlSTOCKLMEIR
(APN 357-11-015)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.85 acre on the west side of Byrne
Avenue between Lomita Avenue and Almaden Avenue (APN 357-11-015) has been filed
by property owners David 1. O'ConnorlAlan Stocklmeir; and
WHEREAS, on June 6, 1994, the City Council adopted resolution No. 9098
initiating proceedings for annexation of the area designated "Byrne Avenue 94-01; 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:
Resolution No. 9126
Page 2
I. That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated "Byrne Avenue 94-01", more
particularly described in Exhibit "A";
2. That the following findings are made by the City Council of the City of
Cupertino:
a, That said territory is uninhabited and comprises approximately 0.85
acre.
b. 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.
c. 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.
d, The City Council on June 4, 1984, enacted an ordinance prezoning the
subject territory to City of Cupertino Rl- 7.5 zone.
e. Annexation to the City of Cupertino will affect no changes in special
districts.
f. 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.
h. 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.
1. That the proposed annexation does not create islands or areas in which it
would be difficult to provide municipal services.
J. 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.
2
Resolution No. 9099
Page 3
I. That the City has complied with all conditions imposed by the
commission for inclusion of the territory in the City's urban service area.
m. That the territory to be annexed is contiguous to existing City limits under
provisions of the Government Code.
3. That said annexation is hereby ordered without election pursuant to Section 35151
et seq. of the Government Code.
4, That the Clerk of the City Council of the City of Cupertino is directed to give
notice of said annexation as prescribed by law.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 5th day of July, 1994 by the following vote:
Y!ill: Members Qf ~.ci1J:: Council
A YES: Bautista, Burnett, Dean, Sorensen, Koppel
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
. Isl KimM. Smith
City Clerk
resoluti/res9126.doc
Isl Barbara Koppel
Mayor, City of Cupertino
3
EXHIBIT A
ANNEXATION TO THE CITY OF CUPERTINO
ENTITLED" BYRNE AVENUE 94-01 "
,
DATE: MARCH. 1994
All that certain real property situate in the County of Santa Clara. State of
California and consisting of Lots 16. 17, and 18 as shown on that certain rnap
of Tract No, 150 recorded in book 5 of maps, at pages 4 and 5, Santa Clara
County Records and described as follows:
BEGINNING at the Southeasterly corner of said Lot 16. said corner lying on the
Westerly boundary of Byrne Avenue, 50 feet wide and the limits of
Incorporation of the City of Cupertino as passed in Resolution #6278 entitled
San Fernando Ave. 84-1: thence along the Southerly line of said Lot 16 West
150.00 feet to the Southwesterly corner of said Lot and a point in the limits of
Incorporation as passed in Resolution #8380 entitled Blackberry 91-0; thence
Northerly along said limits of Incorporation and the Westerly lines of the
aforementioned Lots 16, 17, and 18 the following courses, North 10.65 feet,
N46°15'30"W 47.30 feet, N08°29'30"W 1 01.39 feet and N03°16'30"E 53.46 feet
to the Northwesterly corner of said Lot 18; thence leaving said limits of
Incorporation along the l\.Iortherly line of said Lot 18 East 196,09 feet to the
Northeasterly Corner of said Lot 18 and a point in the Westerly line of Byrne
Avenue and the limits of Incorporation as passed in said Resolution #6278;
thence along the Easterly line of said Lots 18. I 7 and 1 6 and said limits of
Incorporation, South 197.00 feet to the Point of BEGINNING.
Containing 37,026 square feet (0.85 acres) and lying within the
Unincorporated area of Santa Clara County, California.
Revisions: April 27,1994
By: MEN
APN 357-11-15
EXIS11NG ANNEXA110N
BLACKBERRY 91-0
RES. #8380
EXHIBIT "B"
0, SCALE: '"-50'
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PROPOSED ANNEXATION TO THE
CITY OF CUPERTINO ENTITLED
" BYRNE AVENUE 94- 01"
STOCKLMEIR
APN 357-11":"15
MARCH, 1994
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EXIS11NG ANNEXA 110N
SAN FERNANDO AVE, 84-1
RES, #6278
AVENUE
50.00'
BYRNE
LEGEND
BOUNDARY LINE OF
PROPOSED ANNEXA110N
_ _ _ BOUNDARY LINE OF
EXIS11NG ANNEXA 11 ON
STEVENS CREEK BOULEVARD
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VICINITY MAP
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