CC Resolution No. 6104Itfa��l.urul;l ;.��. 61os
A RESOLUTION Of-' THE CITY COUNCIL OF THE
CITY OF CUPERT INO ORDERING ABATEMENT of
PUBLIC NUISANCE CONSISTING OF THE. ABANDONED
BUll,nlNG AT 22370 MCCLELLAN ROAD
RECITALS:
(a) On Mav 2, 1983, the City Council of the City of Cupertino
f adoptcd its Resolution No. 6088, entitled, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CUPERTINO DECLARING ITS INTENT TO CONDUCT A
PUBLIC HEARING CONCERNINC THE ABANDONED BUILDING AT 22370 McCLELLAN
ROAD, a copv of which is attached hereto and made a part hereof by
relerence;
(b) Pursuant thereto, the City Council of the City of
Cupertino held it hearing with respect thereto, on June 6, 1983, at
6:45 p.m., in the Council Chambers, in the City Hall, located at
10300 Torre Avenue;
(t) All members of the City Council were present;
(d) The following members o: the City's staff, among
others were present: o
1. .Inmes If. Sisk, Director, Planning and Development
2. Dorothy Cornelins, City Clerk; and,
3. Charles Kilian, City Attorney.
(e) The following interested persons were also present;
-- - --- Ilan, M. Ilang ----
(f) After hearing opening remarks, the City Council heard and
considered all relev.int evidence including, but not limited to, testimony
under oath from owners, witne, ;e5 and parties Interested. as well. as
rw eived into evidence exhibits and staff reports. relative to said matter;
();) Fullowini: the presentation of all evidence and closing
remarks, Lite City Council considered the matter, and resolved as follows:
IT IS HEREBY RESOLVED, by the City Council of the City of
Cupertino, State of California, as follows:
1. The following findings of fact are hereby made:
(a) Notice of the time and place of the hearing to
abate, and Resolution No. 6088 were duly and regularly
posted and served, as required by the provisions of
Ordinance No. 794 of the City of Cupertino, enacted on
April 18, •1977.
(b) The abandoned building located at 22370 McClellan
Road, situated upon that certain real property, in the City
of Cupertino, State of California, which real property is
more particularly described in Exhibit C, which is attached
hereto and made a part hereof by reference, constitutes a
public Apiisance, in that said building constitutes a fire
hazard and a hazard to public health, safety and general
welfare, by reason of inadequate maintenance and abandonment.
2. IT IS THEREFORE ORDERED as follows:
(a) Said public nuisance ,hail be abated.
(b) A description of Lite needed corrections and/or
repairs, necessary to comply with the abatement order is
as follows:
SEF. EXHIBIT "A"
(c) Any property owner shall have the right to have the
puhlto out tsnuce, as declared, abated, provided the same is
completed prior to the expiration of not to exceed 45 days
o •
after the date of adoption of this Resoltit lot, , which time, upon
good caIIsv shown, miry he extended for a reasonable time by the
City Council.
(d) If such puhlic nuisance Is not abated within such time
or any extension of time which may be granted, the Building
Official shall, by City forces, or private contact, cause the
same to be abated.
PASSED AND ADOPTED by the City Council of the City of Cupertino,
this Gth__ day of —.June _, 1983, by the following vote:
Vote Members of the City Council
AYES: Johnson, Plungy, Rogers, Sparks. Catto
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
i
City Clerk
APPROVED:
/-1 C��
Mayo , City of Cupe tino
-3-
All that certain parcel of land situate in the City of Cupertino,
County of Santa Clara, State of California, described as follows:
Lets 74, 77, 78 and 79, as shown upon that certain Map entitled,
"MAP OF MONTA VISTA PARK, MONTA VISTA", which Map was filed for
record in the office of the Recorder of the County of Santa Clara,
State of California, on April 11, 1917, in Volume "P" of Maps, at
Pale 14.
(APN 357- 5-1 )
0
., I'.rti0l.l�I I('I 'IIIF I I CuL;:1 II (IF IIII '. CI'I1' (If CIWI:RTINoI
hI.ClAkINC II'`; INILM 'Ill C(MAICl A 1'lihlIC 111:AltlNC CONCI:RIJ—
I::( THE MRAND(INED 1WILDING AT 22 I JO IICI.LI:I'LAN ROAD.
l:lll.::l"vi, Ili., I:ulldinl; 011icial of the C i I v of Iupertino has found that the
,I.r„I„n,d :trnrlure, located at 22370 McClellan Road, to be a fire hazard and a
I;-iid I., heaith, .aleLv, and public welfare, by rvason of lnadequate maintenance
.nla ahandonment.; and
t111LIZEAS, ar: provided by City Ordinance N.Y. 794, the City Council shall hold
.I i•l,lic hearing; to determine whether or not said structure constitutes -a public
.nli;:uoe :.Ind, If said determination is made, the City Council shallrequire the
uru,•runt of said public nuisance either by rehabilitation, demolition, or repair
•t I h.�:t rnccure;
1IIf.IN(fORE, kl'1'I"RI(SOLVBD that Lhe City Crnu,cil of the City of Cupertino
ul... u adopt lon of (11h, establish the date of June 6, 1983, 6:45 p.m.
t Iime and 10100 torn, Avenue as the place wherein public testimonv will be
t 0..'II r,'lative to the determinatloll ns to whether or not. the above —described structure
i' I public nuisance and, If so determined, what typo of abatement procedures will
• n,•roL:.arv.
AND ADOPTED at a regular meeting of the ('Icy CounciI of the City of
I •n• it ino this Ind d.Iv oI May _ ._ 1993 , by the following vote:
Members of the City Council
0
Johnson, I' I ivigy, Rogers. Gat t n
At'SCIJ1; Sparks
AI;SI A IN: gone
APPROVED:
I'IG;:I: /s/ John I'i. GALtn
Mayor, City iof~Cupertino
i:•I Po I IV Co rneI III-.
is'I Ik._._______.._.._.
1. Demolish all structures including foundations.
2. Fill, level and compact the basement excavation. Said
compaction shall be to 902.
3. All existing services are to be removed and capped in a
manner as approved by the utility companies.
4. All debris shall be removed from the entire site.
5. Plant all areas of the site subject to erosion in a manner
as approved by the Public Works Department.
6. Fence tale silo with a minimum six (6) ft. high chain link
fence.
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