CC Resolution No. 9312
RESOLUTION NO. 9312
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO MAKING DETERMINATIONS AND APPROVING
THE ANNEXATION OF TERRITORY DESIGNATED "LOMITA
94-09", APPROXIMATELY 0.32 ACRE LOCATED ON THE
SOUTH SIDE OF LOMITA AVENUE BETWEEN ORANGE
A VENUE AND PASADENA AVENUE; HELLESOE/HOUSER
(APN 357-18-001)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.30 acre on the west side of Lomita
Avenue <APN 357-18-001) has been filed by property owners Bruce Hellesoe and Ann
and Charles House; and
WHEREAS, on March 6, 1995, the City Council adopted resolution No, 9295
initiating proceedings for annexation of the area designated "Lomita 94-09; 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 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, 9312
1. That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the armexation of property designated "Lomita 94-09", 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 0.30
acre.
b, That the armexation is consistent with the orderly armexation of territory
with the City's urban service area and is consistent with the City policy
of armexing when providing City services,
c. The City Council has completed an initial study and has found that the
armexation 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 RI-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 armexation is made subject to no terms and conditions,
h. That the County Surveyor has determined the boundaries of the proposed
armexation to be definite and certain, and in compliance with the
Commission's road armexation policies. The City shall reimburse the
County for actual costs incurred by the County Surveyor in making this
determination,
1, That the proposed armexation does not create islands or areas in which it
would be difficult to provide municipal services,
j. That the proposed armexation does not split line of assessment of
ownership,
k. That the proposed armexation is consistent with the City's General Plan,
2
Resolution No, 9312
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 ofthe 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 3rd day of April, 1995 by the following vote:
YQ1!: Members Qf~Çfu: Council
A YES: Bautista, Burnett, Koppel, Sorensen, Dean
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
Isl Kimberly Smith
City Clerk
Isl Wally Dean
Mayor, City of Cupertino
resolutilres9312.doc
3
"EXHIBIT A"
ANNEXATION TO THE CITY OF CUPERTINO
LOMIT A 94-09
DECEMBER 1994
All that celiain real propeliy situate in the County of Santa Clara, State of California,
more particularly described as follows:
Begilming at the southeast corner of LOT B, BLOCK 9, as shown upon that certain map
entitled, "Map of Resubdivision of Subdivision No, 1, Town of Monta Vista", which map
was filed for record in the Office of lhc Recorder of the County of Santa Clara, State of
California on April II, 1917 in Volume P of Maps, at Page 24;
Thence NORTH, 96,00 feet to the northeast corner of said LOT B, BLOCK 9, said point
also being along the southerly boundary line of Lomita Street as shown upon said map
and also being along that certain annexation to the City of Cupertino entitled, "ORANGE
A VENUE 90-02'"
,
Thence WEST, 135,00 feet along the southerly boundary line of Lomita Street and also
being along said annexation "ORANGE AVENUE 90-02" to the northwest corner of
LOT A, BLOCK 9 as shown upon said, "Map of Resubdivision of Subdivision No, I,
Town of Monta Vista";
Thence SOUTH, 96,00 feet along the easterly boundary line of Orange A venue as shown
upon said map, also being along said annexation "ORANGE A VENUE 90-02" to the
southwest corner of said LOT A, BLOCK9;
Thence EAST, 135.00 feet to the Point of Beginning,
Containing 0.30 acres, more or less,
A.P,N,357-l8-001
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PROPOSED ANNEXATION
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EXHIBIT B
PROPOSED ANNEXATION
TO THE CITY OF CUPERTINO
ENTITLED LOMIT A 94-09
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BY: RIEDEN, K REVISED;
CITY OF CUPERTINO
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