02-11-22 Public Hearing Notice Legal Ad - Vacation of a public pedestrian walkway easementThe Cupertino Courier
c/o Bay Area News Group
4 N. 2nd Street, Suite 700
San Jose, CA 95113
2083307
CITY OF CUPERTINO
ATTN: KIRSTEN SQUARCIA
10300 TORRE AVENUE
CUPERTINO, CA 95014
PROOF OF PUBLICATION
State of California
County of Santa Clara
FILE NO. L.Sapudar: Liner -Vacation Public
Pedestrian Walkway
I am a citizen of the United States. I am over the age of eighteen
years and I am not a party to or interested in the above entitled
matter. I am the Legal Advertising Clerk of the printer and
publisher of the Cupertino Courier, a newspaper published in the
English language in the City of Cupertino, County of Santa Clara,
State of California.
I declare that the Cupertino Courier is a newspaper of general
circulation as defined by the laws of the State of California as
determined by court decree dated November 13, 1956, Case
Number 100637. Said decree states that the Cupertino Courier is
adjudged to be a newspaper of general circulation for the City of
Cupertino, County of Santa Clara and State of California. Said
order has not been revoked.
I declare that the notice, of which the annexed is a printed copy,
has been published in each regular and entire issue of said
newspaper and not in any supplement thereof on the following
dates, to wit:
02/11 /2022
I certify (or declare) under the penalty of perjury that the foregoing
is true and correct.
Executed at San Jose, California.
On this 11t�h day of February, 2022.
Public Notice Advertising Clerk
Legal No. 0006644382
CITY OF CUPERTINO
NOTICE OF PUBLIC HEARING
VACATION OF A PUBLIC PEDESTRIAN WALKWAY EASEMENT
NOTICE IS HEREBY GIVEN that at its meeting of Tuesday, March 1, 2022 at 6:45 p.m, the City of
Cupertino City Council will conduct a public hearing to consider a vacation of a public pedes-
trian walkway easement through Tract 9405 (Campo De Lozano). In accordance with Govern-
ment Code 54953(e), this will be a teleconference meeting without a physical location to help
stop the spread of COVID-19. Members of the public will be able to observe and address the
meeting telephonically or otherwise electronically from the City's website through proce-
dures that will be detailed in the published meeting agenda. If you wish to challenge the City
Council's action in court, you may be limited to raising only those issues you or someone else
raised at the public hearing described in this notice, or in written or electronic correspondence
delivered to the City of Cupertino City Hall 10300 Torre Avenue, Cupertino, CA 95014 at, or prior
to, the meeting. Persons needing special assistance to attend the meeting under the Americans
with Disabilities Act should email citclerk A)cupert1M0rq or call 408-777-3200 at least 48 hours
prior to the public meetings to ensure their needs can be appropriately accommodated. IMPOR-
TANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100
written communications sent to the Cupertino City Council, Commissioners or City staff con-
cerning a matter on the agenda are included as supplemental material to the agendized item.
These written communications are accessible to the public through the City's website and kept
in packet archives. Do not include any personal or private information in written communica-
tions to the City that you do not wish to make public, as written communications are consid-
ered public records and will be made publicly available on the City website. Please check the
website or call the City Clerk's Office at (408) 777-3223 prior to the meeting for updated informa-
tion in the event of changes to the schedule orif you wish to see the exhibit as noted in the
body of the resolution.
RESOLUTION 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(e), 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 pur-
suant 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 is found to be a project under CEQA, it is subject to the CEQA exemp-
tion 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 en-
vironment. 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 dis-
turb 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 1st
day of February, 2022, by the following, vote:
Vote Members of the City Coun_al
AYES: Paul, Chao, Moore, Wei, Willey
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/Kirsten Squarcia /s/Darcy Paul
Kirsten Squarcia, City Clerk Darcy Paul, Mayor,
City of Cupertino
/LAUREN SAPUDAR/
DEPUTY CITY CLERK
CITY OF CUPERTINO
PUBLISH 2/11/22
CU#6644382; February 11, 2022
r.BP316-07/17/17