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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 /0 TltACtlllJ'.0WQ F: 200t 01129 );: ~~p:&2~~ ~S:tJlffff.HCH / IN IJONUMfNT BOX PER (4X5)(6) ----~-~--------- FD . .l :f" W NO TAG RODRIGUES AVENUE );: COMMON AREA LOT 1 26,967 SF P.S.E. AND E. V.A .E. H 89'54'oo• E 200.00' 106.10' 66.66' NB9'5roo·r 66.66' - -jijj:" -• N89-s7·0D·~ ,---.. ~;-'"T .. -filJ':' .. ---:t._1_1-~9 • 1 1 2J.BJ' '. NOO'OJ 'OO "W_/NB9'5roo· i~ ~ ~i ~ . I ~oo· ~ uaJ; LOT 6 ; LOT 7 ~~: :; LOT 8 ~! LOT 9 ~ I ,.J i 7637 SF ~ 1637 SF ]3 ,.airl 19·"'17 8 1637 SF ~1 2227 SF t ~•:;e g ~ I I ~~ a b ;,;, , "' 1 1,.,/ ~ ~ ~!:~~,.,.,-,sa· ,.sa· ,.,.,. ,.,., ~~I ~ ,.,.,. ~ ~oo· 89-SZ'(}P."-z. a. • OO ' BJ' 2~..y' 22,,!J' ) 6 BJ OO' :S: of OO' BJ' 2E ~J' 2~ ¾'' ' 14 46' Pl ,so· 617' NB9'S7"oo"E o .f0.66' 6.11 ,so·\ I ,so· 6.11 NB9~roo_ 40.66' 61 ,so· b ~ .,. Y-6 ~; -~-.! -_J L 1 Y-~~-'=-~I~ 1.50 Y-9 ~ 46.JJ' 47..77' 10' DEEDED 70 S.C. V. W.D. (1482 O.R. 421) s 89'S7'oo· w 200.00· -....__ '"'sou»i'"ERLY~LANDSOF8LABO-N - (299 DEroS 593) / FD. PK NAIL PER (5) FD. J .fi.P.-HO TAG BE:NT SOUTHL Y PER 5 SCAI.£: r ... 20• ---------DIST1NCT1\.£ BORDffi LJNE ----• -----SUBDIVISION LOT LINE ---------CrNIDlUNE • @ 0 P.S.E. P.S.D.E. (R) R/W E.11.AE. P-# OTHER EXTS71HG PROPERTY OR RIGHT-OF-WAY UN~ IND/CATFS FOUND MONUMEHTATION AS NOTtO INDICA~S FOUND MONUMENT AS HOTtO IND/CATtS SH 3/4• IRON PIPE, TAGGED L.S. 7690 PUBLIC S!R'-1CE EASOlelT PR/VA Tt STORM DRAIN 0.SEMelT RADML BEARING RIGHT OF WAY EMfRCENCY VEHICLE ACCESS EASDlelr DESICNA T'f:S A PARKING SPACE ~/CH IS £XCLUS1'a US! COMMON AREA. FOR. THE 8EHEF1T OF THE CORRESPOND/NGL y NUMBERED Lor. DESICNA1£S A YARD I\HICH fS EXCWSIVE US£ COMMON AR£A FOP THE 8ENU/T Of' THE CORRESPONDJNGl.. Y NUMBERED LOT. !EXHI B IT Al 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 10