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Reso 4348 � 2-F�XC-91 , C I T Y O F C U P E R T I N O 10300 Torre Avenue Cup�rtino, California 95014 F�ESOLiJI'ION No. 4348 OF TI� PLANNING OOPM�SSION OF 'I'HE CITY OF GUPF�2'I'IlJO APPROVIl�iG AN �C�'I'ION TO SEGTION 16.28. 040 (1) TO AI,IAW A FII10E �CF�ING 3 FT. IN I�IQi'I' TO BE IIJCATID IN THE FRONT SEIBACK ARE'A SDCTION I • FIl�iDINGS WfiII2FAS, the Planning Commission of the City of Cupertino has received an application for an �ception, as described on Page 2 of this Resolution; arrd WI�tEAS, the necessary notices have been given in accordance with the Prooedural Ordi.nance of the City of Cupertino, and the Planning Co�nnission has held one or more Public Hearings on this matter; and Wf�tEAS, the applicant has met the burden of proof required to support the application, and has satisfied the follawing requiremP.nts: 1) The granting of an exception to place a fence exceeding 3' in height at the location proposed, will reduce the on-site grading scars to the hillside. 2) Granting a 4' high maximtun fence at the east property line provides the security and privacy requested of the applicant, ar�d does not create an excessive barrier effect as viewed fro�n adjoining properties. 3) By grantirig a maxim�un 4' high fence along the east property line, the intent of General Plan Policy 5-10, regarding pramoting the migration of wild animals will continue to be met. NOW, TFig2g'ORE, BE IT RF�SOLUID: That after careful consideration of maps, facts, exhibits and other evidence sul�nitted in this matter, the application for �ception is hereby approved; and BE IT Fi11�IHEE2 RESOLUID: 'I'hat the subconclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Rec�ord concerning Application 2-EXC-91, as set forth in the Minutes of the Planning Coa�unission Meeting of June 24, 1991, and are incorporated by reference as though fully set forth herein. Resolution No. 4348 (2-�C-91) June 24, 1991 Page -2- S�CI'ION II: PROJECr DESCRIPTION Application No(s): 2-�C-91 Applicant: C3�ristine Sorensen Property Owner: Keith and C�ristine Sorensen Project I�ocation: Westerly terminus of Villa Marie Ct., 450 ft. west of Rainbaw Drive S�CI'ION III: �NDITIONS ADNIINISI�RID BY � GOMMCJNITY DEVEL(JPN�fI' DEP'I 1) Approved �ibits The reovirnnendation of approval is based upon the Site Plan dated 5/8/91, FYont Fence Plan dated 4/10/91 excepts as may be am�ded by the conditions oontained herein. 2 ) Fence Heie�ht The Z� 'A' wall and 'D' pillar shall not exceed 4' in height as measured froan the closest adjoining grade. Z'yp� 'B' wall and 'C' pillar shall not exceed 6' in height as measured from the closest adjoining grade. 3) Geotechnical Consultant The methods for placement of the fencirig, pillars and footings shall be reviewed and approved by a geotechnical consultant to assure that slope stability impacts as related to landslide possibility as identified by Texrasearch Geological �gineers and Bill Cotton & Associates w�d�er the Tentative Map 25�IM-87 are eliminated or reduced. Proof of review and approval by the consultant shall be provided to staff. 4) Landscape Review A registered Landscape Architect shall review the building plans to assure minimiZed cutting into the hillside and to prevent soil erosion. PASSID AND ADOPTID this 24th day of June, 1991 at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYFS: �SSIONF�2S: NAYS: G�ONIl�IISSIONERS: Austin, Fazekas, Mann, C�,airnian Mackenzie ABSTAIlJ: �O�M�IISSIONER.S: ABSF�IT: G�M�IISSIONII2S: Mahoney A'1'I'F5'r: APPROVID: � ` Robert Cowan Don Mackenzie Director of Community Developme,nt Cupertino Plann C�nnission I�'�/P�2-exc-91