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,
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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
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