Reso 4837 7-EXC-97
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4837
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A FENCE
EXCEPTION TO LOCATE A FENCE 6 INCHES FROM THE SIDE PROPERTY LINE INSTEAD
OF THE REQUIRED 5 FEET, AND THE REQUIRED 12 FEET NEXT TO A KEY LOT IN
ACCORDANCE WITH CHAPTER 16.28 OF THE CUPERTINO MUNICIPAL CODE
AT 21001 SEVEN SPRINGS PARKWAY
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 literal enforcement of the provisions of this chapter will result in restrictions inconsistent
with the spirit and intent of this chapter because a fence located at the required side setback line will
create a trough between the fence and the retaining wall that is three feet deep and five feet wide which
will be a littering nuisance and potential safety problem.
2. The granting of the exception will not result in a condition which is materially detrimental to the
public health, safety or welfare. The exception will prevent a potential littering and safety problem.
3. The exception to be granted is one that will require the least modification of the prescribed regulation
and the minimum variance that will accomplish the purpose of locating a fence flush with the existing
retaining wall, avoiding a gap which could be both a safety problem and a littering problem.
4. The proposed exception will not result in a hazardous condition for pedestrian and vehicular traffic
because the landscape strip provides a minimum 10-foot separation between the proposed fence and the
sidewalk/street, providing clear sight lines for pedestrians and vehicles. This also includes any vehicle
backing out of the key lot driveway onto Seven Springs Parkway.
NOW, THEREFORE BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits and other evidence submitted in this matter, the
application for exception is hereby approved; and
Resolution No. 4837 7-EXC-97 May 12, 1997
Page -2-
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 No. 7-EXC-97, as set forth in the minutes of
the Planning Commission meeting of May 12, 1997, and are incorporated by reference as though fully
set forth herein.
SECTION II: PROJECT DESCRIPTION
Application No(s): 7-EXC-97
Applicant: Emily Chen
Property Owner: The E& H 1 st FLP
Project Location: 21001 Seven Springs Parkway
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on E�ibit B, dated May 12, 1997, except as may be
amended by conditions contained herein.
2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code Section
66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees,
and a description of the dedications, reservations, and other exactions. You are hereby further
notified that the 90-day approval period in which you may protest these fees, dedications,
reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you
fail to file a protest within this 90-day period complying with all of the requirements of Section
66020, you will be legally barred from later challenging such exactions.
3. STREET LANDSCAPING
The applicant shall install and maintain landscaping on the Seven Springs Parkway frontage,
including the parkway located in the public right-of-way.
4. FENCE DESIGN AND HEIGHT
The approved fence shall be an open, wrought iron design and may be constructed with a ma�cimum
height of 6 feet measured from highest finished grade as regulated by the Fence Ordinance.
Resolution No. 4837 7-EXC-97 May 12, 1997
Page -3-
PASSED AND ADOPTED this 12th day of May, 1997, at a Regular Meeting of the Planning
Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Austin, Doyle, Mahoney, Roberts and Chairperson Ha.rris
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED
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Robert Cowan Andrea B. Harris, Chairperson
Community Development Director Cupertino Planning Commission
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