CC Resolution No. 05-011
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 pennit 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 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 R 1 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 Citv Council
AYES:
NOES:
ABSTAIN:
ABSENT:
Kwok, Lowenthal, Sandoval, Wang, James
None
None
None
ATTEST:
APPROVED:
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City Clerk
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Mayor, City of Cupertino