CC Resolution No. 9844RESOLUTION NO. 9844
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO MAKING DETERMINATIONS AND APPROVING
THE ANNEXATION OF TERRITORY DESIGNATED "LOMITA
AVENUE 96-14", APPROXIMATELY 0.116 ACRE LOCATED ON
THE SOUTH SIDE OF LOMITA AVENUE BETWEEN ORANGE
AVENUE AND BYRNE AVENUE; BAR-SHIR (APN 357-15-010)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.116 acre on the south side of
Lomita Avenue (APN 357-15-010) has been filed by property owners Adam Bar-Shir
and Rachel Bar-Shir; and
WHEREAS, on April 7, 1997, the City Council adopted resolution No. 9819
initiating proceedings for annexation of the area designated "Lomita Avenue 96-14; 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. 9944 Pa~e 2
That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated "Lomita Avenue 96-14", more
particularly described in Exhibit "A,"'
That the following findings are made by the City Council of the City of
Cupertino:
ao
That said territory is uninhabited and comprises approximately 0.116
acre.
bo
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.
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.
The City Council on May 21, 1984, enacted an ordinance prezoning
the subject territory to City of Cupertino R1-7.5 zone.
Annexation to the City of Cupertino will affect no changes in special
districts.
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.
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.
That the proposed annexation does not create islands or areas in which it
would be difficult to provide municipal services.
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.
That the City has complied with ali conditions imposed by the
commission for inclusion of the territory in the City's urban service area.
2
Resolution No. 9844 Page
o
mo
That the territory to be annexed is contiguous to existing City limits under
provisions of the Oovemment Code.
That said annexation is hereby ordered without election pursuant to Section 35151
et seq. of the Government Code.
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 19th day of May, 1997 by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
Members of the City Council
Bumett, Chang, Dean, Sorensen, Bautista
None
None
None
ATT :
Resoluti/res9844.doc
A~/P.t~.OVF. D'
y/o3, alit3 6f Cupertino
LOMITA AVENUE 96-14
(BAR-SHIR)
All that certain real property situate in the, County of Santa Clara, State of California,
more particularly described as follows:
Beginning at a point in the center line of Lomita Avenue, 40 feet wide that is distant
thereon, West 55.15 feet from the point of intersection of the center line of Lomita
Avenue with the west line of Orange Avenue as the same are shown upon that certain
Map entitled, "Map of Subdivision "A" Monta Vista", which Map was filed for record in
the Office of the Recorder of the County of Santa Clara, State of California, on April 11,
1917 in Book P of Maps at page 20; thence West and along the center line of Lomita
Avenue 50.00 feet to the line dividing Sections 79 and 80 of said Subdivision; thence
along said dividing line South 20.00 feet to the TRUE POINT OF BEGINNING being an
angle point on the southerly line of Lomita Avenue of that certain annexation to the City
of Cupertino entitled "Lomita Avenue 90-7"; thence along the easterly line of said
annexation "Lomita Avenue 90-7" and that certain annexation to the City of Cupertino
entitled "Almaden 80-13" South 100.82 feet to a northwesterly comer of that certain
annexation to the City of Cupertino entitled "Orange Avenue 90-2"; thence along said
annexation "Orange Avenue 90-2" East 50.00 feet; thence North 100.82 feet to the
southerly line of Lomita Avenue and that certain annexation "Lomita Avenue 90-7";
thence along said annexation "Lomita Avenue 90-7" West 50.00 feet to the TRUE
POINT OF BEGINNING.
Said parcel of land containing 5,041 square feet, more or less.
Prepared by:
Ma~in D. Kirkeby
R.C.E. No. 14001
Expires 3/31/01
'LEGEND t~nuos~, ~,v~.
, PROPOSED ANNEXATION ,,i
EXISTING ANNEXATION -J,,l'- <~ LOMITA AVE.
~ SITE
>- 0
.... ~~ ALMADEN AVE.
~ ~ EXISTING ANNEXAT~ON"LOM~TA 90-7" LOCATION MAP
I/ LOMITA AVENUE ,OTTOSCALE
WEST ,50.00 ~ I
I\ J/___. __ ~ ..... =: .il
- -'7-~ ,'7. ~ ~o.oo-'~'-7-7'~ ~,- ~! 20'
· 1 -; / A.P.N. 357-15-10/.~ _o
SCALE: r' = 20':
....
~ ~ 20'
- { ..
I'1 "EXH,~,T ~"
KIRI(EBY ENGINEERING PLAT TO ACCOMPANY DESCRIPTION SCALE: I"= 20'
2397 FOREST AVENUE PROPOSED ANNE~TION TO THE CITY DATE: FEB, 1997
SAN JOSE, CA 95128 (408) 984-0331 OF CUP~TINO Jo~ NO. 97009~
"LOMITA AVENUE 96-14"