CC Resolution No. 05-010
RESOLUTION NO. 05-010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING A
MODIFICATION OF A PREVIOUSLY APPROVED USE PERMIT (U-2003-02)
WHEREAS, on January 7, 2003, the City Council approved use permit U-2003-02 to permit the
demolition of the existing 39 unit Saron 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 of public
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:
I) The proposed use, at the proposed location, will not be detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to the public health, safety, general
welfare, or convenience; and
2) The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan and the purpose ofthis title.
NOW, THEREFORE, it is hereby resolved, that after careful consideration of maps, facts, exhibits,
testimony and other evidence submitted in this matter, application no. M-2004-09 is approved and the
use permit U-2003-02 is modified to allow for the realignment of Poppy Way with the following added
conditions:
17. 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.
18. 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.
19. TREE PRESERV AnON
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.
Resolution No. 05-010
M-2004-09
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:
~~
City Clerk
APPROVED:
WkiJ
Mayor, City of Cupertino