CC 3-3-2026
8 Vacating a Portion of
Public Right-of-Way on
Mary Avenue
Presentation
Mary Avenue
Right -of- Way Vacation
March 3, 2026
Cupertino
City Council
Subject
Conduct a Noticed Public Hearing to Consider
Adopting a Resolution Vacating a Portion of Public
Right-of- Way Located Along the Westerly Edge of
Mary Avenue ( APN 326-27-053)
Recommended Action
1) Find the project exempt from the California
Environmental Quality Act ( CEQA)
2) Adopt a Resolution approving the vacation of a
portion of public right- of-way located along the
westerly edge of Mary Avenue ( APN 326 -27-053)
Tonight’s Action
Parcel Map & APN Map of Property
Aerial of Property
Property
FY21-22 City Work Program initiated Project
2023 Parcel was created
2024 Re-zoned with Housing Element
2/ 3/ 26 Low-income housing project approved by
City Council
Property currently designated as Right -of-Way
Area mostly serves parking stalls
Underutilized parking except for festivals (9 days/ year) Property Background & Status
Proposed Section of Property and Roadway
Construction of housing project requires the Vacation
2/ 10/ 26: General Plan Conformity by Planning Commission Intention to Vacate was properly noticed
Utility Companies provided consent for Vacation
Adequate Right-of- Way remains to serve public access
and accommodate traffic
Based on these facts, Council can determine that the Right- of-Way within the Property Limits is Unnecessary for Present or Prospective Public Purposes.
It is in the Public’s Interest to Proceed to Order Vacation.
Right-of- Way Vacation
Subject
Conduct a Noticed Public Hearing to Consider
Adopting a Resolution Vacating a Portion of Public
Right-of- Way Located Along the Westerly Edge of
Mary Avenue ( APN 326-27-053)
Recommended Action
1) Find the project exempt from the California
Environmental Quality Act ( CEQA)
2) Adopt a Resolution approving the vacation of a
portion of public right- of-way located along the
westerly edge of Mary Avenue ( APN 326 -27-053)
Tonight’s Action