CC Resolution No. 12-052 Petition of Arthur Dong Seeking Reconsideration of Decision to Approve TM-2012-01 & V-2012-01, Bollinger Rd RESOLUTION NO. 12-052
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING THE PETITION OF ARTHUR DONG SEEKING COUNCIL
RECONSIDERATION OF ITS DECISION TO APPROVE TM-2012-01 & V-2012-01, A
TENTATIVE MAP AND VARIANCE TO FACILITATE SUBDIVISION OF A 1.14 ACRE
PARCEL INTO FIVE LOTS WITH FOUR OF THE FIVE LOTS WITH LOT WIDTHS LESS
THAN THE R1 ZONING STANDARD OF 60 FEET AT THE WESTERN TERMINUS OF
BOLLINGER ROAD
WHEREAS, on April 17, 2012, the Cupertino City Council received a staff report and
recommendation to approve a Tentative Map and Variance Request to facilitate the subdivision
of a 1.14 acre parcel into five lots ranging in size from 7,040 to 11,096 square feet and a
variance request for reduced lot widths for four of the five new lots surrounding the proposed
cul-de-sac that do not meet the minimum lot width requirements at the western terminus of
Bollinger Road, APN 359-22-077;
WHEREAS, Arthur Dong requested that the City Council reconsider its decision under the
provisions of Section 2.08.096 of the City's municipal code; and
WHEREAS, the Cupertino City Council held a properly noticed public hearing and at the
conclusion of the hearing, a majority of the Council granted the reconsideration petition, filed
by Arthur Dong, at its meeting of May 15, 2012;
WHEREAS, the Cupertino City Council's decision was based on specifically Petition
Reason #2 that claimed the City provided inadequate hearing noticing time as the mailing was
dated April 9, 2012 and a 10 day mailed notice is required by the Cupertino Municipal Code to
surrounding property owners within 300 feet radius of the project and interested parties.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
1. The petitioner's Reconsideration Petition is 'valid on its face in that it does offer proof of
facts as required by Municipal Code Section 2.08.096.
2. The petitioner's Petition for Reconsideration of the City Council's decision of April 17,
2012 on agenda item 9 is GRANTED, and the Reconsideration Hearing shall be
conducted subsequent to this action on May 15, 2012. The Reconsideration Hearing was
also properly noticed.
CC Resolution No. 12-052
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 15th day of May, 2012, by the following vote:
Vote Members of the City Council
AYES: Santoro, Mahoney, Chang, Sinks, Wong
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
Grace Schmidt, City Clerk Mark Santoro, Mayor, City of Cupertino
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