R-2004-40b
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3223
FAX: (408) 777-3366
Web site: www.cupertino.org
CITY OF
CUPERJINO
OFFICE OF THE CITY CLERK
January 13, 2005
Jeff Jacobs
Centex Homes
2527 Camino Ramon #100
San Ramon, CA 94583
Re: Consider application No.(s) M-2004-09, R-2004-40 for Centex Homes, The Murano
Development (formerly known as Saron Garden) and adopt resolutions:
a) Modifications to the previously approved site plan of use penuit no. U-2003-02 to
widen Poppy Way from 28 feet to 36 feet to add a parking lane, Resolution No.
05-010
b) Exceptions to the R 1 ordinance allowing reduced setbacks and floor area ratio
over 45% for two single-family homes located on Poppy Way, Resolution No. 05-
011
Dear Mr. Jacobs:
At its January 4, regular meeting, the Cupertino City Council adopted Resolution Nos. 05-010
and 05-011.
The modified Use Permit conditions are as follows:
APPROVED EXHIBITS
The approval is based on the site plan submitted by Centex Homes dated
December 10, 2004 except as may be amended by conditions contained in this
resolution. The revised location of the homes shall generally approximate the
approved site plan.
P(lnled on Recycled Paper
M-2004-09
Page 2
January 13,2005
PUBLIC ACCESS EASEMENT
A public access/pedestrian easement shall be recorded and placed on Lot 2 for the
portions of the sidewalk that is located on Lot 2. The legal description and the
language of the easement shall be reviewed and approved by the City prior to final
occupancy. The Convents, Codes and Restrictions (CC & Rs) for the-project shall
also be revised to reflect the private maintenance responsibilities of the said walkway.
TREE PRESER VA TlON
The applicant is required to work with staff to design the sidewalk to meander around
existing trees (trees number 58, 60, 61) to the maximum extent possible. In the event
that these trees cannot be saved for reasons determined to be appropriate by the
Director of Community Development, minimum 24-inch box replacement oak trees
replacement shall be planted in front of Lot 2 at a 1 to 1 ratio. Tree number 62 is
permitted to be removed.
The R-l Ordinance conditions are as follows:
APPROVED EXHIBITS
The approval is based on the site plan submitted by Centex Homes dated
December 10, 2004 except as may be amended by conditions contained in this
resolution. The revised location of the homes shall generally approximate the
approved site plan.
Please review conditions carefully. If you have any questions regarding the conditions of
approval, please contact the Department of Community Development at 408-777-3308 for
clarification. Failure to incorporate conditions into your plan set will result in delays at the
plan checking stage. If development conditions require tree preservations, do not clear the
site until required tree protection devices are installed.
The conditions of project approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code
Section 66020(d)(1), these conditions constitute written notice of a statement of the amount of
such fees, and a description of the dedications, reservations, and other exactions. You are
hereby further notified that the 90-day approval period in which you may protest these fees,
dedications, and other exactions, pursuant to Government Code Section 66020(a), has begun.
~f you fail to file a protest within this 90-day period complying with all of the requirements of
Section 66020, you will be legally barred from later challenging such exaction!.~
Any interested person, including the applicant, prior to seeking judicial review of the city
council's decision in this matter, mustfirst file a petition for reconsideration with the city
clerk within ten days after the council's decision. Any petition so filed must comply with
municipal ordinance code ~2. 08. 096.
M-2004-09
Sincerely:
Gt~{{/;)e!u1{/( GLt
Grace Schmidt
Deputy City Clerk
Cc: Community Development
End: Resolution Nos. 05-010 and 05-011
Page 3
January 13,2005
RESOLUTION NO. 05-011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING
EXCEPTIONS TO THE Rl ORDINANCE ALLOWING REDUCED SETBACKS AND FLOOR
AREA RATIO OVER 45% FOR TWO SINGLE-FAMILY HOMES LOCATED ON POPPY
WAY
WHEREAS, on January 7, 2003, the City Council approved use permit U-2003-02 to permit the
demolition of the existing 39 unit Saran Gardens Apartment complex and one single-family home and
construction of 55 detached small-lot single family units; and
WHEREAS, The City Council heard the petitions from numerous residents requesting to increase the
street width along Poppy Way to accommodate a parking lane and to match the remainder ofpublic
improvements along the street; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance
of the City of Cupertino; and
WHEREAS, the applicant has met the burden of proof required to support said application; and has
satisfied the following requirements:
1. The literal enforcement of the provisions of this chapter will result in restrictions inconsistent
with the spirit and intent of this chapter;
2. The granting of this exception will not result in a condition that is materially detrimental to the
public health, safety and welfare;
3. The exception granted'is one that will require the least modification of the prescribed design
regulation and the minimum variance that will accomplish the purpose;
4. The proposed exception will not result in significant visual impact as viewed from abutting
properties.
NOW, THEREFORE, it is hereby resolved, that after careful consideration of maps, facts, exhibits,
testimony and other evidence submitted in this matter, application no. R-2004-40 is approved allowing
exceptions to the Rl Ordinance regarding setbacks and floor area ratio to accommodate the
realignment of Poppy Way with the following conditions:
1. APPROVED EXHIBITS
The approval is based on the site plan submitted by Centex Homes dated December 10, 2004
except as may be amended by conditions contained in this resolution. The revised location of
the homes shall generally approximate the approved site plan.
Resolution No. 05-011
R-2004-40
Page-2
PASSED AND ADOPTED by the City Council of the City of Cupertino, this 4th day of January
2005, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSTAIN:
ABSENT:
Kwok, Lowenthal, Sandoval, Wang, James
None
None
None
ATTEST:
APPROVED:
/s/ Kimberly Smith
/s/ Patrick Kwok
City Clerk
Mayor, City of Cupertino
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