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Reso 4610 2-EXC-95 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4610 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A FENCE EXCEPTION TO LOCATE A SOUND WALL ON THE PROPERTY LINE IN ACCORDANCE WITH SECTION 16. � SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino has received an application for an exception, as described in Section II. of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support the application, and has satisfied the following requirements: 1. The Public Works standard detail7-2 regarding intersection line of site shall be met. 2. The 12 ft. roadway easement creates an extraordinary fence setback and no additional 5 ft. setback is necessary. NOW, THEREFORE BE IT RESOLVED: That after careful consideration of maps, facts, eachibits and other evidence submitted in this matter, the application for exception is hereby approved; and BE IT FURTHER RESOLVED: That the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the public record concerning application 2-EXC-95, as set forth in the minutes of the Planning Commission meeting of May 22, 1995, and are incorporated by reference as though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No(s): 2-EXC-95 Applicant: Tom Hirano Property Owner: Tom Hirano Project Location: 10911 S. Stelling Road Resolution No. 4610 (2-EXC-95) May 22, 1995 Page -2- CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. l. APPROVED EXHIBITS � The recommendation of approval is based on Exhibits Fence Detail dated 5/8/95 and Site Plan � dated May 1, 1995, except as may be amended by the Conditions contained in this Resolution. 2. SETBACKS � � An exception is granted to allow the placement of a fence on the east property line of lots No. 3 and Lot No. 4. � 3. FENCE Approval is granted for a maximum height of 7 ft. as measured from the elevation of the sidewalk closest to the fence. � PASSED AND ADOPTED this 22nd day of May, 1995, at a Regular Meeting of the Planning , Commission of the City of Cupertino by the following roll call vote: i AYES: COMMISSIONERS: Austin, Harris, Mahoney, Roberts and Chairman Doyle ' NOES: COMMISSIONERS: None � ABSTAIN: COMMISSIONERS: None � ABSENT: COMMISSIONERS: None � ATTEST: APPR VE, � �'� � � � Robert Cowan David Doyle, Chai an Community Development Director Cupertino Planning Commission g:/pdreport/2exca