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Council Agenda: 01-25-2022
Item No.: 10.1a
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
RESOLUTION NO. ______
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
JOSE SUPPORTING REORGANIZATION (DETACHMENT)
OF CERTAIN TERRITORY DESIGNATED AS DOYLE NO. 7
FROM THE CITY OF SAN JOSE TO THE CITY OF
CUPERTINO
WHEREAS, the subject real property, comprising approximately 9.56 -gross acres consisting of two (2) parcels in the City of San José located at the easterly side of Saratoga Creek along Lawrence Expressway between Highway 280 and Bollinger Road, with APN’s 375-21-001 and 375-22-001, annexed as “Doyle No. 7” in January 1958; and
WHEREAS, the subject property is known by the short form designation of “ Doyle No. 7,” and a description of the boundaries of this territory is set forth in Exhibit “A” attached hereto and incorporated herein by this reference, which description is subject to correction or revision as required (hereinafter “Doyle No. 7” or “Territory”); and
WHEREAS, a map showing the location of such T erritory is attached hereto as Exhibit “B” and incorporated herein by this reference; and
WHEREAS, the City of Cupertino purchased Doyle No. 7 with the intent of creating public open space/park land; and
WHEREAS, on March 20, 2007, the Cupertino City Council adopted Ordinance No. 07 - 1998, pre- zoning (Application Z -2006-04) Doyle No. 7 to Pre -PR (Public Park or Recreational Zoning District); and
WHEREAS, on February 19, 2021, the City of San José received a request for a reorganization of the Territory from the legal owners of Doyle No. 7, with the intent of reorganization including detachment of Doyle No. 7 from the City of San Jose and NVF:VMT:JMD
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Item No.: 10.1a
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
annexation of Doyle No. 7 by the City of Cupertino (hereinafter “The Reorganization”) ; and
WHEREAS, pre -zoning is required by state law prior to the approval of The Reorganization; and
WHEREAS, the zoning by the City of Cupertino will take effect upon the effective date of The Reorganization; and
WHEREAS, the City Council held a public hearing on January 25, 2022, on The Reorganization request and received and considered all evidence presented at said hearing, including the City Council report; and
WHEREAS, a City of San José resolution of support is necessary for the City of Cupertino to initiate reorganization proceedings with the Santa Clara County Local Agency Formation Commission (LAFCO); and
WHEREAS, The Reorganization will not impact the provision of services to the Territory because there are currently no special districts providing services to the Territory; there is currently no utility service (gas, electric, water, sewer, stormwater) to the Territory; and the provision of all emergency services by the City of Cupertino upon the effective date of The Reorganization is a condition of the City of San Jose’s consent to The Reorganization.
NOW, THEREFORE , BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE:
1. The above recitals are incorporated herein by reference.
2. The Reorganization will not affect the delivery of necessary services to the Territory.
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Item No.: 10.1a
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
3. The Reorganization will not affect the delivery of necessary services to other properties in the City of San José.
4. The Reorganization will not enable development or land uses incompatible with other properties in the area, since the City of Cupertino has pre-zoned the Territory as public open space/park land.
5. This action is categorically exempt from the California Environmental Quality Act (CEQA) because T he Reorganization consists of minor alterations in land use limitations in area with an average slope of less than twenty (20) percent, which does not result in any changes in land use or density, consistent with Section 15305 (“Minor alterations in land use limitations) of the CEQA Guidelines.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOS E AS FOLLOWS:
1. The City Council further hereby describes the exterior boundaries of the Territory reorganized as all that real property in the County of Santa Clara, State of California, described in Exhibit “A” and depicted in Exhibit “B,” attached hereto and incorporated herein by this reference.
2. The City Council hereby indicates its suppor t for and does not oppose consideration of The Reorganization on the following conditions:
a. The Reorganization shall be scheduled for consideration by LAFCO on or before January 25, 2024; and
b. The Territory no longer shall receive any City of San José services, including, but not limited to, emergency services (Police, Fire, Paramedic , ambulance) and utility services (gas, electric, water, sewer, stormwater ) upon the effective date of T he Reorganization removing the Territory from the City of San Jose’s Sphere of Influence and Urban Service Area.
3. The City Council authorizes the City of San José Director of Planning, Building, and Code Enforcement to prepare and/or sign on behalf of the City of San José any materials needed to complete The R eorganization and enter into any necessary agreements with the City of Cupertino for separation from all City of San José services.
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Council Agenda: 01-25-2022
Item No.: 10.1a
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
ADOPTED this ____day of __________, 2022 by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
SAM LICCARDO
Mayor
ATTEST:
TONI J. TABER, CMC
City Clerk
EXHIBIT "A-1"
EXHIBIT "A" (Doyle No. 7)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
EXHIBIT "A-1"
EXHIBIT "A" (Doyle No. 7)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
EXHIBIT "A-1"
EXHIBIT "A" (Doyle No. 7)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
EXHIBIT "A" (Doyle No. 7)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
EXHIBIT "B" (Doyle No. 7)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
EXHIBIT "B" (Doyle No. 7)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
EXHIBIT "B" (Doyle No. 7)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.