CC Resolution No. 9620 m R~ ,
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RESOLUTION NO. 9620
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO MAKING DETERMINATIONS AND APPROVING
TI-IE ANNEXATION OF TERRITORY DESIGNATED "BYRNE
AVENUE 96-02", APPROXIMATELY 0.165 ACRE LOCATED ON
THE WEST SIDE OF BYRNE AVENUE BETWEEN DOLORES
AVENUE AND ALCAZAR AVENUE; IKEDA (APN 357-12-033)
WHEREAS, a petition for the annexation of certain territory to the Ciry of
Cupertino in the County of Santa Clara consisting of 0.165 acre on the west side of Byme
Avenue (APN 357-12-033) has been fited by property owner Jaime Sunao Ikeda; and
WHEREAS, on May 6, 1996, the City Council adopted resolution No. 9604
initiating proceedings for annexation of the urea designated "Byme Avenue 96-02; and
WHEREAS, said territory is uninhabited and all owners oF land included in the
proposal consent to this annexation; und
WHEREAS, Section 35150.5 of the Califomia Govemment Code states that the
Local Agency Formation Commission shall not have any suthority to review an
annexation to any City in Santa Clara Counry 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, Govemment Code Section 56837 pmvides that if a perition 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. 9620~ ~ Page 2
1. That it is the conducting authority pursuunt tu Section 35150.5 of the Govemment
Code for the smnexation of property designated "Byme Avenue 96-02", more
particularly described in E~chibit "A";
2. That the following findings are made by the City Council of the City of
Cupertino:
a That said territory is uninhabited and wmprises approximauly 0.165
acre.
b. That the annexation is consisient with the orderly anneacation of tetritory
with the City's urban service azea and is c~nsistent with the City policy
of annexing when providing Ciry services.
c. The City Council has completed nn 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 Cauncil on June 4, 1984, enacted an ordinance prezoning the
subject territory to City of Cupertino R1-7.5 zone.
e. Annexetion to the Ciry of Cupertino will afl'ect 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 suid certain, and in compliance with the
Commission's road annexation policies. The City shall reimburse the
County for actual costs incucred by the County Surveyor in making this
determination.
i. That the proposed annexation does not create islands or areas in which it
would be ditticult to provide municipal services.
j. That the proposed annexation does not split line of assessment of
ownership.
k. 1'haf the proposed annexation is consistent with the City's General Plan.
l. That the City has complied with all conditions imposed by the
commission for inclusion of the territory in the City's urban service area.
2
Resalution No. 9620• e Page 3
m. That the territory to be nnnexed is contiguous to existing City limits under
provisions of the Government Code.
3. That said annexation is hereby ordered without eleclion pursuant to Section 35151
et seq. of the Govemment Code.
4. That the Cterk of the Ciry Councit of the City of Cupertino is directed to give
notice of said annexution us prescribed by law.
PASSED AND ADOPTED at a regulac meeting of the Ciry Council of the City
of Cupertino this 3rd day of June, 1996 by the following vote:
ly4t~ Il~eIIibslS Qf Sh~ ~itX ~il
AYES: Bautieta, Chang, Dean, Sorenaen, Surnett
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
rcw~utura962o.eoe
3
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EXHIBIT A
For Annexation BYRNE AVE. 96-02
nll of lhat ccrtain ~iropcrty siluatc in Santa Clara County, California dcscribcd as follows:
Itt'.CINNIN(; ~I 1hc in~crscction of the projectian of the Northerly ?ine of I.ot 8 nnd the
I•:astcrly linc ~f 13yrnc Avcnuc as shown on ~~i~ Map of Tract 139 rccordcJ in [3ook 4 of Maps
a~ I'~gc 43, Sama C Inra Counry Records; thcncc along said Gastcrly boundary of l3yrnc
~vcnuc Soulh 46.01 fcct Io thc Northcrly limits of incorporation of Ihc Ciry of Cuperlino as
ti11O~~n ~n Exhibit li for Anncxalion "[3yrnc Ave. 88_I I•; tlience along said Northcrly limils of
incorparation West SOAO fcct to thc Westcrly boundnry of Byme Avcnue; Ihencc along said
Wcsterly boundary ~yrnc Avcnue and ~he Westerly limits of incor~wration South 13.99 fcel
~o ~hc Southeastcrly comer of the aforementioned Lot 8; thcnce leaving said limits of
incor~wration and along (he Southcrly line of said Lol 8 West 120.00 fect to thc Southwcslerly
corner of said l.ot R; ~hence along the Westerly line of said Lot 8 North 60.00 feet to its
Northwestcrly corncr, said comcr also bcing the Southeastcrly comer of the limits of
incorporation oP thc City of Cupcrtino as sho~m on Exhibit B for Anncxntion "San Pernando
93-01 lhence along the Northcrly line of said Lot 8 and its projection Gast 170.00 fect to the
point of BECINNINC,
Conlaining 0.217 acrc morc or Icss and consisting oC all of Lot 8 and a potiion of Byme
~venue as shown on Ihc above mentioncJ Map.
APN 357-12-033
Itcviscd by^ Marius Nclscn
~~ri124, 1996
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' EXISTING ANN~TION EXI~IT B
SAN FERNAN 93-01"
' ~ RES. 88'9 PROPOSED ANNEXATION
' ~ TO THE CITY OF CUPERTINO
(LOT 8 ENTITLED BYRNE AVE. 96-02
EAST
170.00' Q~Uf ESS/p,~ ~
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120.00' ~
WEST / ~ ST ~l'9l ~ Ci4~ O ~
SOUTH I~ I f CALIE
,3.99 ~ W ~ 4
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m L~.~ . .
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~ 30~ '"^I ~ 1 " = 50'
~ ~ ~ ~ DOLORES A E~
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M
' . ~ ~ EXISTING ANNEXATION
I ~ BYRNE AVE. 88-11
_ . . . 2~~ 30.00'
I EXISTING ANNEXATION
, ~ BYRNE AVE. 85-Ot
~ VICINITY MAP
~ I SAN FER ~ DO
z ALCAZAR W
- - -CUPERTINO CITY LIMITS "'m ~
--PROPOSED ANNEXATION LIMITS . DOLORES o .
APN: 357-12-033 SITE
MARCH 8, 1996
REVISED APRIL 25, 1996 MC CLELLAN RD.