Annex 00-04 - Orange Ave Resos 00-139 and 00-156Please record without fee
(Govt. Code Sec. 6103)
COUNTY OF SANTA CLARA
CALIFORNIA
LOCAL AGENCY FORMATION
COMMISSION
County Government Center, East Wing
70 West Hedding Street, 10th Floor
San Jose, California 95110
(408) 299-4321
_CONFORMED COPY: This document has
not been compared with the ori8inal.
SANTA CLARA COUNTY CLERK -RECORDER
Doc#: 15345739
8/04/2000 3:32 PM
ENDORSED COPY
CERTIFICATE OF COMPLETION
I, Neelima Palacherla, Executive Director of the Santa Clara County Local Agency Formation
Commission, issue this Certificate of Completion pursuant to Government Code Sections 57200
and 57201.
I hereby certify that I have examined Resolution No. 00-156 for a reorganization attached hereto
and have found this document to be in compliance with Government Code Section 56826
authorizing cities within the County of Santa Clara to assume authority over certain changes in
government organization.
The name of the City is: Cupertino.
The entire City is located in Santa Clara County.
The change of organization completed is a REORGANIZATION which includes annexation to the
City of Cupertino and detachment from the Santa Clara County Lighting Service District. A map
and description of the boundaries of the change of organization is appended hereto.
The title of this proceeding is: Orange Avenue 00-04 (uninhabited)
The change of organization was ordered subject to the following terms and conditions: NONE.
The date of adoption of the City Resolution ordering the reorganization is June 5. 2000.
I declare under penalty of perjury in the State of California that the foregoing is true and correct.
Dated: Z '�'? oT -
Nee'Neelir4 Palacherla, Executive Director
Santa Clara County Local Agency
Formation Commission
Attachments: City Resolution
Legal Description
Map
EXHIBIT "A"
ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA
ENTITLED:
ORANGE AVE. 00-04
All that certain real property situated in the County of Santa
Clara, State of California, being a portion of Section 78 of
"MAP OF SUBDIVISION 'A', MONTA VISTA", which map was filed for
record on April 11, 1917 -in Book P of Maps at Page 20, Santa
Clara County Records, more particularly described as -follows:
Beginning at the Northeasterly corner of said Section on the
Westerly line of Orange Avenue, said corner being along a
Westerly boundary of that certain annexation to the City of
Cupertino, California, entitled "ORANGE AVENUE 90-02";
Thence along said Westerly line of said Orange Avenue also being
a westerly line of said annexation, South 98.30 feet to the
intersection of said Orange Avenue annexation with the most
Northerly line of that certain annexation to said City entitled
"LOMITA AVENUE 90-07";
Thence along the Northerly line of Lomita Avenue also being the
Northerly line of said "LOMITA AVENUE 90-07" annexation, West
105 . 15�;
Thence leaving said Northerly lines and along the Westerly line
of said Section 78, North 98.30 feet to the Northwesterly corner
thereof;
Thence along the Northerly line of said Section, East 105.15 feet
to the point of beginning.
Containing 0.237 of an acre, more or less.
Date: March 11, 2000
APN: 357-16-060
Address: 10175 Orange Avenue
Cupertino, CA
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EXHIBIT " i/rs
PROPOSED ANNEXATION
TO THE GTYOF CUPERTINO
ENTITLED:
ORANGE AVE 00 -04 -
MAR. 11,2000 SCALE -l"=50'
RESOLUTION NO. 00-156
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF
TERRITORY DESIGNATED "ORANGE AVENUE 00-04", APPROXIMATELY 0.237
ACRE LOCATED ON THE WEST SIDE OF ORANGE AVENUE BETWEEN
HERMOSA AVENUE AND LOMITA AVENUE; KANG (APN 357-16-060)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.237+ acre on the west side of
Orange Avenue (APN 357-16-060) has been filed by property owners Kelvin and
Martha Kang; and
WHEREAS, on May 1, 2000, the City Council adopted Resolution No. 00-139
initiating proceedings for annexation of the area designated "Orange Avenue 00-04"; 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
aimexation 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:
1. That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated "Orange Avenue 00-04", 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 0.237
acre.
Resolution No. 00-156 Page 2
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 May 16, 1983, enacted an ordinance prezoning
the subject territory to City of Cupertino Pre R1-8 zone.
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 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 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 all conditions imposed by the
commission for inclusion of the territory in the City's urban service area.
in. 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.
Resolution No. 00-156
Page 3
BE IT FURTHER RESOLVED that upon completion of these reorganization
proceedings the territory annexed will be detached from the Santa Clara County Lighting
Service District.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 5th day of June, 2000, by the following vote:
Vote Members of the City Council
AYES: Burnett, Chang, James, Lowenthal, Statton
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/Kimberly Smith /s/John Statton
City Clerk Mayor, City of Cupertino
RESOLUTION NO. 00-139
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA
DESIGNATED "ORANGE AVENUE 00-04", PROPERTY LOCATED ON THE WEST
SIDE OF ORANGE AVENUE BETWEEN HERMOSA AVENUE AND LOMITA
AVENUE; APPROXIMATELY 0.237 ACRE, KANG
(APN 357-16-060)
WHEREAS, the City Council of the City of Cupertino has received a request for
annexation of territory designated "Orange Avenue 00-04" from property owners, Kelvin
and Martha Kang; and
WHEREAS, the property, 0.237+ acre on the west side of Orange Avenue
between Hermosa Avenue and Lomita Avenue (APN 357-16-060) is contiguous 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 16, 1983, to
City of Cupertino Pre R1-8 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
annexation 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;
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 "Orange Avenue 00-04" and detachment from the Santa Clara
County Lighting Service District at their regular meeting of June 5, 2000.
Resolution No. 00-139
Page 2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this I" day of May, 2000, by the following vote:
Vote Members of the Cit Council
AYES: Burnett, Chang, James, Lowenthal, Statton
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
/s/ Kimberly Smith
City Clerk
APPROVED:
/s/ John Statton
Mayor, City of Cupertino