CC Resolution No. 5646 • ~
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RESOLUTION N0. 5646
A RGSOLUTION OF T11E CITY COUidCIL Oti THfi CI'CY OF CUPERTINO
, ORDCRINC VACATION OF A PORTION OF SIIADOtJt1ILL LANE SOUT1i
I' OF CANDLELICHT WAY AS PROVIDLD IN SF.CTION 8320 ET SEQ. OP
' THE STREETS AND HIG}1WAYS CODE OF THE STATfi OF CALIFORNIA
I W{IEREAS, hearing on Resolution of Intention i~o. 5614 was held on
June 1, 1981 at a regular meeting of the City Council a[ ]030p Torre Avenue,
' Cupertino, California; and
IJHEREAS, it appears that notice [hereof was duly given as required
by law; and
~ IJ}iEREAS, from the evidence presented, both oral and documentary,
j tt appears [o be to the best interes[ of the City to vacate the hereinafter
; described por[ion of a City s[reet; and that said portton of said Ci[y s[reet
~ is unnecessary for present or prospective public street purposes; and
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I SJiIEREAS, existing streets are adequate to handle present and fu[ure
j projected trafFic; and
~ l1tfEREAS, vacation is in conformance with the City's General Plan;
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~ NOW, THERF.FORE, aG IT RESOLVF.D:
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t 1. Tt~at all or any protests agains[ [he v.ication of said portion
i of C,ity street be and hereby are overruled and dented;
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2. That said portion of Shadowhill I.ane descrihed and shown in
~ Eshibi[s "A" and "B° a[tached hereto and made part hereof, be and hereby
I is vacated.
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~ 4B IT FLIRTHER RESOLVGD:
~ T'hat the Ci[y Clerk be and hereby is lnstrurted and directed to cause
I a certified copy of this resolt~[ion, a[tested to and sealed witl~ the official
i seai of the City, to be recorded with [he County Recorder of the County of
~ Santa Clara, California, forthwtth.
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I ppSSF.D AND ADOPTGD at a regular mec[ing of the CLty Council of the
~ City of Cupertino ttiis _lst day of June , 1981 hy the following vote:
Vote ?lembers of the Ci[Y Council
A1'ES: Catto, Johnson, Plungy, Rogers, Sparks
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: AFPROV~ '
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i Ctt~ Clcrk ~Mayor, Ct } o Cuper[inn
1-~-81
' Rf.SOLUi'ION N0. 2205 ~ •
OF THf. PLANNING COt4fISSION OF 'f1iG CI'CY OP CUPCR7'INO
~ RFyO~L*tENDING APPROVAL OF A VARIANCE: FROM SF',CTION 7,2
OF 'THE Rl(SINCLE-FAt~tII.Y R@SLDEN"fIAI.) 7,ONIIdG ORpINANCE ~
. TO PF.RDSIT A 50 FT. WIDTH FOR BACH PROPOSF.D LOT IN LIF.U
, OF 60 FT. AS REQUIRED BY ORDINANCE.
i APPLICANT: Terry Brown (Louis & Diedrich)
i ADDRESS: 778 Nor[li First Street, San Jose, California 95112
SUIittItTED: March 31, 1981
GOCATION: North side of Alcazar Avenue approxima[ely 300 ft. westerly
of Orange Avenue
FINDINGS:
The Planning C4mmission finds as follows with respec[ to this application:
1. That the size and shape of the property is such that it would otherwise
only permit a flag lot design which would be inconsistent with the
established character of the Monta Vista neighborhood., '
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I,~ 2. That the granting of [he application is necessary for the preservation
and enjoyment of substantial property rights of the petitioner.
' 3. That [he granting of such application will not, under the circumstances
' of the particular case, materially affect adversely the health or safety
of persons residing or working in the neighborhood of the property of
the applicant and will not, under the clrcumstances of [he particular
' case, be matezially detrimental to the puhlic welfare or injurious
to property or improvements in said neighborhood.
PASSED AND ADOPTED this llth day of !lay, 1981, et a regular meeting of the
Planning Commission of the City of Cupertino, State of California, by the
following rol.l call vote: :
AYES: Commissioners Adams, Dinneweg, Blaine, Chairman Claudy
NAYS: None
Af3STAIN; None
ABSENT: Commissioner Koeni[zer
APPROVED:
/s/ John Claudy
John Claudy, Ch~irman ~
Planning Commission
ATTEST:
Robert Cowan
Assistant Planning Director ,
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