CC Resolution No. 02-182RESOLUTION NO. 02-182
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA
DESIGNATED "BYRNE AVENUE 02-06", PROPERTY LOCATED ON THE
WEST SIDE OF BYRNE AVENUE BETWEEN MCCLELLAN ROAD AND
DOLORES AVENUE; APPROXIMATELY 0.149 ACRE, XU AND ZHANG
(APN 357-12-038)
WHEREAS, the City Council of the City of Cupertino has received a request for
annexation of territory designated "Byme Avenue 02-06" from property owners, Bin Xu
and Chi Zhang; and
WHEREAS, the property, 0.149+ acre on the west side of Byrne Avenue between
McClellan Road and Dolores Avenue (APN 357-12-038) is comiguous to the City of
Cupertino and is within its urban service area; and
WHEREAS, annexation would provide for use of City services; and
WHEREAS, this territory is uninhabited and was prezoned on May 21, 1984, to
City of Cupertino Pre R1-7.5 zone; and
WHEREAS, the City of Cupertino, as Lead Agency for environmental review
completed an initial study and granted a Negative Declaration for annexation; and
WHEREAS, the County Surveyor of Santa Clara county has found the map and
description (Exhibits "A" and "B") to be in accordance with Government Code Section
56826, the boundaries to be definite and certain, and the proposal to be in compliance
with LAFCO's road annexation policies; and
WHEREAS, the fee set by the County of Santa Clara to cover staff cost for above
certification has been paid; and
WHEREAS, as provided in Government Code Section 56826 the City Council of
the City of Cupertino shall be conducting authority for a reorganization including an
armexation to the City; 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;
Resolution No. 02-182 Page 2
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Cupertino hereby initiates annexation proceedings and will consider annexation of the
territory designated "Byme Avenue 02-06" and detachment from the Santa Clara County
Lighting Service District at their regular meeting of November 4, 2002.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 7th day of October 2002, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTA1N:
Lowenthal, Chang, James, Kwok, Sandoval
None
None
None
ATTEST:
APPROVED:
Mayor, City of Cupertino
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