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CC Resolution No. 9335 RESOLUTION NO. 9335 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING DETERMINATIONS AND APPROVING THE ANNEXATION OF TERRITORY DESIGNATED "UPLAND WAY 94-08" , APPROXIMA TEL Y 0.91 ACRE LOCATED ON THE WEST SIDE OF UPLAND WAY BETWEEN RAINBOW DRIVE AND BUBB ROAD; WOOLEY (APN 366-03-009) WHEREAS, a petition for the armexation of certain territory to the City of Cupertino in the County of Santa Clara consisting of 0,91 acre on the west side of Upland Way CAPN 366-03-009) has been filed by property owners Rodger and Ronamae Wooley; and WHEREAS, on April 17, 1995, the City Council adopted resolution No, 9319 initiating proceedings for armexation of the area designated "Upland Way 94-08; 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 armexation to any City in Santa Clara County of unincorporated territory which is within the urban service area of the city of the armexation 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 armexation 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. 9335 1. That it is the conducting authority pursuant to Section 35150,5 of the Government Code for the annexation of property designated "Upland Way 94-08", 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 0.91 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 aunexation of said territory has no significant impact on the environment, and previously approved the granting of a Negative Declaration, d. The City Council on September 8, 1981, enacted an ordinance prezoning the subject territory to City of Cupertino RHS 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, 9335 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 15th day of May, 1995 by the following vote: YQ1!: Members cl'1lli: ~ Council AYES: Bautista, Burnett, Koppel, Sorensen, Dean NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: Isl Kimberly Smith City Clerk resoluti/woolcy.doc Isl Wally Dean Mayor, City of Cupertino 3