HomeMy WebLinkAboutCC Resolution No. 26-024 approving the vacation of a portion of public right-of-way located along the westerly boundary of Mary Ave (APN 326-27-053)RESOLUTION NO. 26-024
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
VACATING A PORTION OF PUBLIC RIGHT-OF-WAY LOCATED
ALONG THE WESTERLY EDGE OF MARY AVENUE (APN 326-27-053)
AS PROVIDED IN SECTIONS 8320-8325 OF
CALIFORNIA STREETS AND HIGHWAYS CODE
_______________________________________________________________________
WHEREAS, the real property at issue is wholly owned by the City of
Cupertino and is situated along the westerly edge of Mary Avenue, between
Stevens Creek Boulevard and Lubec Street, in the City of Cupertino (APN 326-27-
053)(“Property”). The Property is more particularly described as Parcel 1 shown
on that certain Parcel Map filed for record in the Office of the Recorder of the
County of Santa Clara, State of California, on May 2, 2023, in Book 953 of Maps,
Pages 53 and 54 (“Parcel Map”), attached hereto and as further described in
Exhibit A; and
WHEREAS, all of Parcel 1 contained within the current public right-of-way
is depicted on the Parcel Map, which shall be vacated (“Vacation Area”) to allow
for the construction of an affordable housing project identified in the Housing
Element of the City’s General Plan as the Mary Avenue project; and
WHEREAS, the City previously entered into a Disposition and
Development Agreement (“DDA”) pertaining to the Mary Avenue project, which
prior decision to enter into the DDA has no binding effect or limitation on the City
Council’s ability to exercise its discretion with regard to the current design as to
whether the Vacation Area is unnecessary for a present or prospective public use
as the City entered into the DDA with the clear understanding that the DDA is
contingent upon the City separately finding the Vacation Area to be unnecessary
for the present or prospective public use, pursuant to California Streets and
Highways Code section 8324(b);
WHEREAS, on February 10, 2026, the Planning Commission found the
Vacation Area of the proposed vacation to be consistent with the City’s adopted
General Plan pursuant to California Government Code section 65402 and adopted
Planning Commission Resolution No. 2026-01 so finding; and
WHEREAS, the proposed roadway design after the Vacation Area is
vacated from the public right-of-way incorporates sidewalks, roadway lanes, and
Resolution No. 26-024
Page 2
bicycle lanes that meet all applicable design standards, including requirements for
width and materials. The design maintains adequate access throughout the area
and does not result in any obstruction to public access; and
WHEREAS, all public utilities having any right, title, or interest in the
right-of-way have been notified of the City’s planned vacation, including AT&T,
Comcast, Cupertino Sanitary District, PG&E, and San Jose Water Company, and
“no-objection” letters have been obtained from each entity.
WHEREAS, a city may initiate vacation proceedings by noticing a public
hearing and posting signs as to the date, time, and place of the public hearing at
which the city will consider said vacation, in accordance with California Streets
and Highways Code sections 8320; 8322; and 8323; and
WHEREAS, pursuant to California Streets and Highways Code section
8324(a), a public hearing was held on March 3, 2026 at which time the City Council
received testimony and evidence from all persons interested in the proposed street
vacation who indicated their desire to be heard, from all persons protesting the
same who indicated their desire to be heard, and from members of City staff,
wherein this City Council considered all of the evidence submitted concerning the
proposed vacation of the Vacation Area; and
WHEREAS, the City Council now desires to approve the vacation of the
Vacation Area subject to the reservations, conditions and exemptions set forth
herein.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
find and resolve as follows:
Section 1: The City Council has duly considered the full record before it, including
the staff report and presentation, facts, exhibits, public testimony, the findings of
the Planning Commission contained in the adopted Planning Commission
Resolution No. 2026-01, and other evidence and materials submitted or provided
to the Council, in compliance with California Streets and Highways Code section
8324(a), and the City Council understood at the time the Council approved the
DDA, that the legal effect of the DDA would be contingent upon independently
finding the Vacation Area unnecessary for present or prospective public use.
Resolution No. 26-024
Page 3
Section 2: The recitals set forth above are found to be true and correct and are
incorporated herein by reference.
Section 3: The City has performed an environmental assessment for the Mary
Avenue housing project, and the City hereby determines that it falls within the
Categorical Exemption set forth in Section 15332 of the Guidelines for
Implementation of the California Environmental Quality Act (“CEQA
Guidelines”) which exempts Class 32 Infill Development Projects because (a) the
project is consistent with the applicable general plan designation and all
applicable general plan policies as well as with applicable zoning designation and
regulations; (b) the proposed development occurs within city limits on a project
site of no more than five acres substantially surrounded by urban uses; (c) the
project site has no value, as habitat for endangered, rare or threatened species; (d)
approval of the project would not result in any significant effects relating to
traffic, noise, air quality, or water quality; and (e) the site can be adequately
served by all required utilities and public services. None of the exceptions to
Categorical Exemptions set forth in the CEQA Guidelines, section 15300.2 apply
to this project and, specifically, this project does not present any unusual
circumstances. The proposed vacation of the Vacation Area does not constitute a
separate project under CEQA and is an implementation action within the scope
of the affordable housing development project. Based on the whole of the
administrative record, the City Council determines the project is categorically
exempt from CEQA pursuant to the Class 32 exemption.
Section 4. The City Clerk published notice and posted signs declaring said
intention, and the date, time, and place of a public hearing to be held to consider
said vacation of the Vacation Area, in accordance with California Streets and
Highways Code sections 8320, 8322, and 8323; and
Section 5. The proposed roadway design incorporates sidewalks, roadway lanes,
and bicycle lanes that meet all applicable design standards, including
requirements for width and materials. The design maintains adequate access
throughout the area and does not result in any obstruction to public access.
Section 6: Based on all the evidence submitted, the Vacation Area as described in
the notice of hearing is unnecessary for present or prospective public use,
pursuant to California Streets and Highways Code section 8324(b).
Resolution No. 26-024
Page 4
Section 7. The City Council does hereby vacate the Vacation Area, as described
and depicted on the Parcel Map.
Section 8. Pursuant to California Streets and Highways Code section 8340(c), the
City of Cupertino reserves for the benefit of public utility companies and excepts
from the foregoing vacation the permanent public utility easement shown on the
Parcel Map, and its correlating rights in connection with such easement existing
in, under, or over the Vacation Area, unless quitclaimed or released by the owner
thereof. The correlated rights include, but are not limited to, at any time, and
from time to time, to excavate for, construct, reconstruct, maintain, operate,
replace, remove, renew, inspect and use the public utility facilities, including, but
not limited to electric, gas and communication facilities, the ingress to and egress
from the public utility facilities, and also the right to trim and cut down trees and
other vegetation that may be a hazard to the public utility facilities. The area
shall be kept open and free of buildings, structures, wells or other obstructions.
Section 9. City staff is directed to cause a certified copy of this Resolution, attested
by the City Clerk under the seal of the City, to be recorded in the Office of the
County Recorder of Santa Clara County, upon notification from the Director of
Public Works that the Developer of the Mary Avenue Project, as defined in that
certain Disposition and Development Agreement executed on February 3, 2026
and approved by City Council Resolution No. 26-018, has met all precedent
conditions as set forth therein.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 3rd day of March, 2026, by the following vote:
Members of the City Council
AYES: Moore, Fruen, Mohan
NOES: Chao, Wang
ABSENT: None
ABSTAIN: None
Resolution No. 26-024
Page 5
SIGNED:
___________
Kitty Moore, Mayor
City of Cupertino
__3/5/2026____________________
Date
ATTEST:
_____________
Lauren Sapudar, Acting City Clerk
__3/5/2026______________________
Date