RESOLUTION NO. 26-024
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
VACATING A PORTION OF PUBLIC RIGHT- OF-WAY LOCATED
ALONG THE WESTERLY EDGE OF MARY AVENUE ( APN 326-27-053) AS PROVIDED IN SECTIONS 8320-8325OF
CALIFORNIA STREETSAND HIGHWAYS CODE
WHEREAS, the real property at issue is wholly owned by the City of Cupertino and is situated along the westerly edge of Mary Avenue, between StevensCreek Boulevard and Lubec Street, in the City of Cupertino ( APN 326-27- 053)(“Property”). The Property is more particularly described as Parcel 1 shown on that certain Parcel Map filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on May 2, 2023, in Book 953of Maps, Pages 53 and 54 (“Parcel Map”), attached hereto and as further described in Exhibit A; and
WHEREAS, all of Parcel1 contained within the current public right- of-way is depicted on the Parcel Map, which shall be vacated (“Vacation Area”) to allow for the construction of an affordable housing project identified in the Housing Element of the City’s General Plan asthe Mary Avenue project; and WHEREAS, the City previously entered into a Disposition and Development Agreement (“DDA”) pertaining to the Mary Avenue project, which prior decision to enter into the DDA hasno binding effect or limitation on the City Council’s ability to exerciseits discretion with regard to the current design as to whether the Vacation Area is unnecessaryfor a present or prospective public use as the City entered into the DDA with the clear understanding that the DDA is contingent upon the City separately finding the Vacation Area to be unnecessary for the present or prospective public use, pursuant to California Streets and Highways Code section 8324(b);
WHEREAS, on February 10, 2026, the Planning Commission found the Vacation Area of the proposed vacation to be consistent with the City’s adopted General Plan pursuant to California Government Code section 65402and adopted Planning Commission Resolution No. 2026-01so finding; and WHEREAS, the proposed roadway design after the Vacation Area is vacated from the public right- of-way incorporates sidewalks, roadway lanes, and ResolutionNo. 26-024
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bicycle lanesthat meet all applicable design standards, including requirements for width and materials. The design maintains adequate accessthroughout the area and does not result in any obstruction to public access; and WHEREAS, all public utilities having any right, title, or interest in the right- of-way have been notified of the City’s planned vacation, including AT& T, Comcast, Cupertino Sanitary District, PG&E, and San JoseWater Company, and no-objection” letters have beenobtained from eachentity.
WHEREAS, a city may initiate vacation proceedings by noticing a public hearing and posting signs as to the date, time, and place of the public hearing at which the city will consider said vacation, in accordancewith California Streets and Highways Code sections8320; 8322; and 8323; and
WHEREAS, pursuant to California Streets and Highways Code section 8324(a), a public hearing was held on March 3, 2026at which time the City Council received testimony and evidencefrom all personsinterested in the proposed street vacation who indicated their desire to be heard, from all persons protesting the same who indicated their desire to be heard, and from members of City staff, wherein this City Council considered all of the evidence submitted concerning the proposed vacation of the Vacation Area; and
WHEREAS, the City Council now desires to approve the vacation of the Vacation Area subject to the reservations, conditions and exemptions set forth herein.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find and resolve asfollows:
Section1: The City Council hasduly considered the full record before it, including the staff report and presentation, facts, exhibits, public testimony, the findings of the Planning Commission contained in the adopted Planning Commission Resolution No. 2026-01, and other evidence and materials submitted or provided to the Council, in compliance with California Streetsand Highways Code section 8324(a), and the City Council understood at the time the Council approved the DDA, that the legal effect of the DDA would be contingent upon independently finding the Vacation Area unnecessaryfor present or prospective public use.
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Section 2: The recitals set forth above are found to be true and correct and are incorporated herein by reference.
Section3: The City hasperformed an environmental assessmentfor the Mary Avenue housing project, and the City hereby determines that it falls within the Categorical Exemption set forth in Section 15332of the Guidelines for Implementation of the California Environmental Quality Act (“CEQA Guidelines”) which exempts Class32Infill Development Projectsbecause (a) the project is consistent with the applicable general plan designation and all applicable general plan policies aswell aswith applicable zoning designation and regulations; (b) the proposed development occurs within city limits on a project site of no more than five acressubstantially surrounded by urban uses; (c) the project site hasno value, ashabitat for endangered, rare or threatened species; (d) approval of the project would not result in any significant effectsrelating to traffic, noise, air quality, or water quality; and (e) the site canbeadequately served by all required utilities and public services. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, section 15300.2 apply to this project and, specifically, this project doesnot present any unusual circumstances. The proposed vacation of the Vacation Area doesnot constitute a separateproject under CEQA and is an implementation action within the scope of the affordable housing development project. Basedon the whole of the administrative record, the City Council determines the project is categorically exempt from CEQA pursuant to the Class32exemption.
Section 4. The City Clerk published notice and posted signs declaring said intention, and the date, time, and place of a public hearing to be held to consider said vacation of the Vacation Area, in accordance with California Streets and Highways Code sections8320, 8322, and 8323; and
Section5. The proposed roadway design incorporates sidewalks, roadway lanes, and bicycle lanesthat meet all applicable design standards, including requirements for width and materials. The design maintains adequate access throughout the areaand does not result in any obstruction to public access.
Section6: Basedon all the evidence submitted, the Vacation Area asdescribed in the notice of hearing is unnecessaryfor present or prospective public use, pursuant to California Streetsand Highways Code section 8324(b).
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Section7. The City Council doeshereby vacatethe Vacation Area, asdescribed and depicted on the ParcelMap.
Section8. Pursuant to California Streetsand Highways Code section 8340(c), the City of Cupertino reservesfor the benefit of public utility companies and excepts from the foregoing vacation the permanent public utility easementshown on the ParcelMap, and its correlating rights in connection with such easementexisting in, under, or over the Vacation Area, unless quitclaimed or releasedby the owner thereof. The correlated rights include, but are not limited to, at any time, and from time to time, to excavatefor, construct, reconstruct, maintain, operate, replace, remove, renew, inspect and use the public utility facilities, including, but not limited to electric, gasand communication facilities, the ingress to and egress from the public utility facilities, and also the right to trim and cut down treesand other vegetation that may be a hazard to the public utility facilities. The area shall be kept open and free of buildings, structures, wells or other obstructions.
Section9. City staff is directed to causea certified copy of this Resolution, attested by the City Clerk under the seal of the City, to be recorded in the Office of the County Recorder of Santa Clara County, upon notification from the Director of Public Works that the Developer of the Mary Avenue Project, as defined in that certain Disposition and Development Agreement executed on February 3, 2026 and approved by City Council Resolution No. 26-018, has met all precedent conditions asset forth therein.
PASSEDAND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rdday of March, 2026, by the following vote:
Members of the City Council
AYES: Moore, Fruen, Mohan
NOES: Chao, Wang
ABSENT: None
ABSTAIN: None
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SIGNED:
Kitty Moore, Mayor
City of Cupertino
3/5/2026____________________
Date
ATTEST:
Lauren Sapudar, Acting City Clerk
3/5/2026______________________
Date