CC Resolution No. 22-024 to notice the public of the intent to vacate a public pedestrian walkway easement through Tract 9405, and to set a public hearing on March 1, 2022RESOLUTION NO. 22-024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
PURSUANT TO SECTION 8320 ET SEQ. OF THE STREETS AND
HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FIXING TIME AND
PLACE FOR PUBLIC HEARING AND PROVIDING FOR NOTICE OF A
PUBLIC HEARING TO CONSIDER THE VACATION OF A PUBLIC
PEDESTRIAN WALKWAY
WHEREAS, a pedestrian walkway easement dedicated to public use
presently exists in the Campo de Lozano subdivision in the City of Cupertino, as
described in Exhibit A; and
WHEREAS, the City Council elects to proceed pursuant to the provisions
of Section 8320 et seq. of the Streets and Highways Code of the State of California
to vacate said public right-of-way; and
WHEREAS, it is deemed to be in the public interests that the City Council
elects to proceed to set a public hearing to consider said vacation.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
declare its intent to set a public hearing to consider the vacation of the aforesaid
public pedestrian walkway easement.
BE IT FURTHER RESOLVED:
1. In accordance with Government Code 54953(et the City Council will
fix a teleconference meeting, without physical location, to be held on the 1st day
of March, 2022, at 6:45 p.m., for hearing on the above proposed vacation;
2. That the aforesaid date is not less than 15 days from passage of this
resolution pursuant to law;
3. That the City Clerk shall cause a certified copy of this resolution to
be published in the manner prescribed by law and shall cause certified copies to
be posted along the line of said property proposed to be vacated at least 10 days
before the date of hearing and no more than 300 feet apart with a minimum of
three being posted.
BE IT FURTHER RESOLVED that this Resolution is not a project under the
requirements of the California Environmental Quality Act, together with related
State CEQA Guidelines (collectively, "CEQA") because it has no potential for
resulting in physical change in the environment. In the event that this Resolution
Resolution No . 22-024
Page2
is found to be a project under CEQA, it is subject to the CEQA exemption
contained in CEQA Guidelines section 15061(b)(3) because it can be seen with
certainty to have no possibility that the action approved may have a significant
effect on the environment. CEQA applies only to actions which have the potential
for causing a significant effect on the environment. Where it can be seen with
certainty that there is no possibility · that the activity in question may have a
significant effect on the environment, the activity is not subject to CEQA . In this
circumstance, the proposed action to vacate a public pedestrian walkway
easement would have no or only a de minimis effect on the environment because
the action does not disturb any physical or environmental features. The foregoing
determination is made by the City Council in its independent judgment.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 1s t day of February, 2022, by the following vote:
Vote Members of the City Council
AYES: Paul, Chao, Moore, Wei, Willey
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED :
ATTEST:
Kirsten Squarcia, City Clerk
Date
Date
2/8/22
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TRACT 9405
CAMPO DE LOZANO
BEING A SUBDIVISION OF THAT PROPERTY DESCRIBED
BY DEED RECORD APRIL 19, 2001, OFFICIAL RECORDS
OF SANTA CLARA COUNTY UNDER RECORDER'S SERIAL
NUMBER 15642669, AND LYING ENTIRELY WITHIN THE
CITY OF CUPERTINO, CALIFORNIA
APRIL, 2002 SCALE: 1•=20'
SHEET 3 OF 3
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