CC Resolution No. 8879
RESOLUTION NO. 8879
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO MAKING DETERMINATIONS AND APPROVING
THE ANNEXATION OF TERRITORY DESIGNATED "SAN
FERNANDO AVENUE 93-01" , APPROXIMATELY 0.30 ACRE
LOCATED ON THE EAST SIDE OF SAN FERNANDO AVENUE
BETWEEN SAN FERNANDO COURT AND BYRNE AVENUE;
CHEN (APN 357-12-021)
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 east side of San
Fernando Avenue (APN 366-03-051) has been filed by property owners Chung-Song
Chen and Jian-Pyng Chen; and
WHEREAS, on April 19, 1993, the City Council adopted resolution No. 8865
initiating proceedings for annexation of the area designated "San Fernando Avenue 93-
01; 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. 8879
1. That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated "San Fernando Avenue 93-01",
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 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
annexation 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 Fonnation Commission.
g. That the annexation is made subject to no tenns and conditions.
h. That the County Surveyor has detennined 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
detennination.
I. 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. 8879
1. 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 17th day of Mav , 1993 by the following
vote:
Vote Members of the City Council
A'I'ES: Dean, Goldman, Koppel, Sorensen, Szabo
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Dorothy Cornelius
City Clerk
/s/ Nick Sz~bo
Mayor, City of Cupertino
3
"Exull11:.l" AR
.
"San Fernaroo Ave. 93-01"
All that certain real ~vp:rty situate in the comty of Santa Clara, state
of CalifonUa, Jrore particularly described as follows:
Beg~ at the sa.rt:heast corner of IDt 37 as shawn 00 ''Tract No. 198,
stevens Creek SUl:divisioo, Map No.3", which map was filed far r.........J. in
the Office of the Recorder of Santa Clara comty in Volume 7 of Maps, at
page 14:
'Ihence fran said Point of Beg~ WEST, 172.68 feet to the westerly
ta.mdary line of San Feznan30 Avenue;
'Ihence alon;J a curve to the left, with a radius of 20.00 feet, thrcugh a
central angle of 30000'00", ani an arc len;¡th of 10.47 feet;
'Ihence NORIH, 110.00 feet alOTY,J the westerly ta.mdary line of San Fernal'xio
Avenue to the southerly ta.mdary of that certain annexatioo to the city of
0Jpertin0 entitled "San Fernan:1o Ave. 84-01";
'1henoe Ei\ST, 50.00 feet alOTY,J the southerly ta.mdary of said annexatioo to
the easterly ta.mdary line of San Fernan:1o Avenue;
'1henoe SOUlH, 60.00 feet to the northwest corner of IDt 37 as shawn 00
said "Tract No. 198, stevens Creek SUl:division, Map No.3";
'1henoe Ei\ST, 120.00 feet to the northeast corner of said IDt 37;
'1henoe SOUlH, 60.00 feet to the Point of Beg~.
~: 0.30 acres, Jrore ar less.
A.P.N.: 357-12-021
3/93
STEVENS CREEK BL W.
t GRANADA ~
~ A VENUE <
HERM OSA <
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Z
< ... AVENUE ...
LOMITA <.:> 0
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VI
Z ¡s <
~ 0..
m ALMADEN AVE OLIVE
AVE.
~ FERNANDO
AVE.
~. SITE
VICINITY MAP
NOT TO SCALE
-
LOT 37
LEGEND:
.. BOUNDARY LINE OF
PROPOSED ANNEXATION
_ _ _ _ BOUNDARY LINE Of'
EXISTING ANNEXATION
POB
EXHIBIT B
PROPOSED ANNEXATION
TO THE CITY OF CUPERTINO
ENTITLED SAN FERNANDO AV 93-01
-
DA TE: MARCH 1993 SCALE: = 60'
BY: K. RIEDEN REVISED
EXISTING ANNEXATION
"SAN FERNANDO AVE. 8.-01"
RES. 6278
~ ------
~ TOTAL ACREAGE - 0.30 ACRES
b rTOTAl SQUARE FEET. 13.208 s.r.
0
ó
'"
b
0 EAST
Ó ~~
/
/
'"
0
ð. . 30"00'00" b
0 ~
R = 20.00' ~
L . 10.47
::::
172.68'
SAN FERNANDO CT. "TRACT 198
---..J 7-M-14
WEST
~
~
~
SCALE: ," = 60'