CC Resolution No. 21-072 Supporting the Annexation of APN 375-21-001 and APN 375-22-001, Located Along the Westerly Boundary of Lawrence Expressway (Lawrence-Mitty Properties) RESOLUTION NO. 21-072
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
SUPPORTING THE ANNEXATION OF APN 375-21-001 AND APN 375-22-
001, LOCATED ALONG THE WESTERLY BOUNDARY OF LAWRENCE
EXPRESSWAY (LAWRENCE-MITTY PROPERTIES)
WHEREAS, APN 375-21-001 and APN 375-22-001 ("Properties"), which
together total about 7.83 gross acres, are located along the westerly edge of
Lawrence Mitty Expressway near Mitty Avenue. The site is generally narrow and
linear. The westerly side of the Properties are adjacent to properties located in the
City of Cupertino, while the easterly side of the Properties fronts onto Lawrence
Expressway.The Properties are reflected in the legal description and map attached
hereto and incorporated herein; and
WHEREAS, Santa Clara County ("County") previously owned the
Properties and used them for materials storage and construction staging. The
Properties are undeveloped and uninhabited. The City of Cupertino acquired the
Properties from the County on September 24, 2020; and
WHEREAS, the Properties are currently within the jurisdictional boundary,
Sphere of Influence (SOI), and Urban Service Area (USA) of the City of San Jose.
San Jose's boundary abuts Cupertino's in this area; and
WHEREAS, the City of Cupertino pre-zoned the Properties as Pre-PR
(Public Park or Recreational)on March 20,2007 by Ordinance No. 07-1998, and the
City shows the Properties as Parks and Open Space on its land use map;and
WHEREAS, pursuant to the Cortese-Knox-Hertzberg Local Government
Reorganization Act of 2000 (Act), Government Code section 56654, the City of
Cupertino desires to detach the Properties from the City of San Jose and annex
them to the City of Cupertino, including necessary amendments to the Sphere of
Influence (SOI) and Urban Service Area (USA); and
WHEREAS, the annexation would clarify the boundary between the cities,
and eliminate confusion and/or delays in public services which could be caused
by multiple jurisdictional agencies having influence in the area; and
CC Resolution No. 21-072
Page 2
f
WHEREAS, the City of Cupertino finds and determines that the
detachment of the Properties from the City of San Jose and annexation to the City
of Cupertino (1) would not affect the delivery of necessary services to the
Properties, (2) would not affect the delivery of necessary services to other
properties in the City of Cupertino, and (3)would not enable development or land
uses incompatible with other properties in the area;and
WHEREAS, pursuant to the provisions of the California Environmental
Quality Act of 1970 (Public Resources Code section 21000 et seq.) ("CEQA"),
together with the State CEQA Guidelines (California Code of Regulations,Title 14,
section 15000 et seq.) ("CEQA Guidelines"), City staff has independently studied
the proposed detachment of the Properties from the City of San Jose and
annexation to the City Cupertino and has determined that the annexation is
exempt from environmental review pursuant to the categorial exemption in CEQA
Guidelines section 15316 and the"common sense"exemption in CEQA Guidelines
section 15061(b)(3) for the reasons set forth in the staff report;and
WHEREAS, the City Council has independently reviewed and considered
the proposed annexation of the Properties and the basis for the exemptions prior
to taking any approval action on the proposed annexation, and exercising its
independent judgment, based on the entire record before it, has determined that
the annexation of the Properties is exempt from environmental review under
CEQA pursuant to CEQA Guidelines sections 15316 and 15061(b)(3).
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby:
1. Exercise its independent judgment and determine that supporting the
annexation of the Properties is exempt from CEQA pursuant to CEQA
Guidelines sections 15316 and 15061(b)(3); and
2. Support the annexation of the Properties into the City of Cupertino; and
3. Authorize the City Manager to submit to the Local Agency Formation
Commission of Santa Clara County (LAFCO) applications for Sphere of
Influence (SOI) and Urban Service Area(USA) amendments, and detachment
and annexation of the Properties, and execute all documentation necessary
and take all steps necessary to complete the annexation of the
Properties; and
4. Direct that, as generally contemplated by Cupertino Municipal Code
section 19.152.040, upon LAFCO's recordation of a Certificate of
Completion, which is the effective date of annexation of the Properties,
the City of Cupertino's pre-zoning classification shall become effective
on the Properties and the City of Cupertino's zoning map shall be
revised accordingly.
The authorization to submit the applications to LAFCO is subject to the
following conditions:
1. Adoption by the City Co-uncil of the City of San Jose of a resolution in support
of the proposed detachment of the Properties;and
2. Adequate demonstration that all necessary services can be provided to the
Properties, including obtaining any necessary approvals for the provision of
such services.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 17th day of August, 2021, by the following vote:
Vote Members of the City Council
AYES: Chao, Moore, Wei, Willey
NOES: None
ABSENT: Paul
ABSTAIN: None
SIGNED:
Date
Darcy Paul, Mayor
_D
City of Cupertino
ATTEST:
Date
Kirsten Squarcia, City Clerk
i
EXHIBIT "A-1"
PARCEL 1
LAWRENCE-MITTY PARK
CUPERTINO, CALIFORNIA
LEGAL DESCRIPTION
Commencing at the most northeasterly corner of Lands of Santa Clara Valley Water
District(Book L033 OR Pg. 113) as shown on that certain Parcel Map,which was filed
for record on January 4, 1990 in Book 609 of Maps at page 6, Santa Clara County
Records,
Thence along the easterly line of said Lands of Santa Clara Valley Water District, South
20°09'45" East, 11.86 feet, and South 02°1 F 00" West, 96.08 feet,to the Point Of
Beginning;
Thence, continuing South 02°1l'00"West, 186.30 feet and South 43°00'40"East, 192.89
feet to the westerly line of Lawrence Expressway, as said line is shown upon that
unrecorded plans entitled "Lawrence Expressway Unit No. 6A"—layout details for
stations 1+00.23 to 40+00;
Thence,North 00°44'33"West along said westerly line, 322.34 feet;
Thence leaving the westerly line of Lawrence Expressway,North 87'40'18"West,
120.40 feet to the POINT OF BEGINNING.
Containing an area of 32,126 square feet, (0.74 acres), more or less.
END OF DESCRIPTION
t�l LAID
OF
Sheet 1 of 1
EXHIBIT "A-V
PARCEL 2
LAWRENCE-MITTY PARK
CUPERTINO, CALIFORNIA
LEGAL DESCRIPTION
Beginning at the southeast corner of Lot 278 as shown on the map of Tract 1183,which
was filed for record on June 23, 1953 in Book 44 of Maps at Page 11 Santa Clara County
Records,
Thence along the easterly line said Tract No. 1183 the following courses and distances:
North 14' 30'00"East,46.59 feet;
North 3° 22' 45"West, 191.71 feet;
North 19' 29' 45"West, 151.30 feet;
North 27' 45' 15"West, 189.35 feet;
North 3° 17' 15"West, 147.02 feet;
North 50' 51' 45"West, 121.65 feet;
North 12'27' 45"West, 107.74 feet;
North 25' 06' 15"East, 61.00 feet;
North 66'02' 15"East, 113.84 feet;
North 39'42' 00"East, 194.78 feet;
North 15' 14' 00"East, 85.91 feet;
North 10' 16' 15"West, 138.43 feet;
North 1° 51' 30"East, 103.33 feet;
North 26' 18' 45"East, 126.23 feet to the westerly line of Lawrence Expressway, as said
line is shown upon that unrecorded plans entitled"Lawrence Expressway Unit No. 6A"-
layout details sheets for stations 1+00.23 to 40+00;
Thence, South 00'44' 33"East along said westerly line 1055.78 feet to a tangent curve to
the right,having a radius of 5433.00 feet, a central angle of 5°01' 21",an arc length of
476.25 feet;
Thence, South 4° 16"48"West,29.03 feet;
Thence,leaving said westerly line of Lawrence Expressway South 87'39' 53" West,
44.03 feet to the POINT OF BEGINNING.
Containing an area of 197,905 square feet (4.54 acres), more or less.
END OF DESCRIPTION. � LAND �
Sheet 1 of 1 a, , ra
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EXHIBIT "A-1"
PARCEL 3
LAWRENCE-MITTY PARK
CUPERTINO, CALIFORNIA
LEGAL DESCRIPTION
Beginning at the southeast corner of Parcel 5 as shown on that certain Parcel Map,which was
filed for record on January 4, 1990 in Book 609 of Maps, at page 6, Santa Clara County Records,
and being more particularly described as follows;
Thence, along the easterly line of said Parcel 5,North 20°09'45" West,45.40 feet;
Thence,continuing North 20' 09'45" West, along the easterly line of Lot 292, 291, and 290 as
shown on the Map for Tract No. 1183 which was filed for record on June 23, 1953 in Book 44 of
Maps, at Page 11, Santa Clara County Records, a distance of 165.91 feet;
Thence, continuing along the easterly line of Lot 290,289, 288 and 287, as shown on said Tract
Map No. 1183,North 04"04'45" East, 125.69 feet;
Thence,continuing along the easterly line of Lot 287, 286, 285, 284, and 283, as shown on said
Tract Map No 1183,North 29°51'15"East,214.50 feet;
Thence, continuing along the easterly line of Lot 282, and 281, as shown on said Tract Map No.
1183,North 06'1T45" West, 116.81 feet;
Thence continuing along the easterly line of Lot 280, and 279, as shown on said Tract Map No.
1183,North 19°2645" East, 109.24 feet;
Thence, continuing along said easterly line of said Lot 279,North 14°30'00" East, 53.73 feet to
the southeasterly corner of the "Lands of San Jose Water Works";
Thence,continuing North 14°30'00" East, 127.88 feet to the northeasterly corner of said "Lands
of San Jose Water Works", also being the southeasterly corner of Lot 278 as shown on said Map
of Tract 1183;
Thence North 87°39'53" East,44.03 feet to the westerly line of Lawrence Expressway, as said
line is shown upon that unrecorded plans entitled"Lawrence Expressway Unit No. 6A"-layout
details sheets for stations 1+00.23 to 40+00;
Thence, South 04'16'48"West along said westerly line,482.34 feet to a tangent curve to the left,
having a radius of 5567.00 feet, a central angle of 5°01'21", an arc length of 488.00 feet;
Sheet 1 of 2 Sheets
Thence, continuing along said westerly line, tangent to last said curve, South 00°44'33" East,
7.33 feet;
Thence, leaving the westerly line of Lawrence Expressway, North 87'40'18" West, 120.40 feet to
the easterly line of the "Lands of Santa Clara Valley Water District",as shown on said Parcel
Map(Book 609Maps page 6);
Thence North 02'11'00" East along said easterly line of said "Lands of Santa Clara Valley Water
District", 96.08 feet and North 20°0945" West, 11.86 feet to said southeast corner of Parcel 5
(PM 609 M6) and the POINT OF BEGINNING.
Containing an area of 113,751 square feet, (2.61 ± acres), more or less.
End of Description.
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