Reso 5035 2-EXC-99
CITY OF CUPERTINO
� 10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 5035
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A FENCE EXCEPTION TO LOCATE A 7-FOOT HIGH FENCE ON A PORTION OF THE
SIDE (SOUTH) PROPERTY L1NE AT 11346 S. STELLING ROAD
SECTION I: PROJECT DESCRIPTION
Application No.: 2-EXC-99
Applicant: Tony Wong
Location: 11346 S. Stelling Road
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for an exception to the
Fence Ordinance, as described in this Resolution; and
JVHEREAS, the Planning Commission finds the following with regards to this application:
a) That the literal enforcement of the provisions of this title will result in restrictions inconsistent with spirit
and intent of this title;
b) That the approval of the exception will not result in a condition which is materially detrimental to the public
health, safety, or welfare; and
c) That the exception to be granted is one that will require the least modification of the prescribed regulations
and the minimum variance that will accomplish the purpose;
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, e�ibits, testimony and other evidence submitted in this matter,
the exception to the fence ordinance is hereby approved subject to the conditions which are enumerated in this
Resolution; and
That the subconclusions upon which the findings and conditions specified in this Resolution are based and
contained in the Public Hearing record concerning Application 2-EXC-99, as set forth in the Minutes of the
Planning Commission Meeting of May 10, 1999, and are incorporated by reference herein.
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Resolution No. 5035 2-EXC-99 May 10, 1999
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the site plan, Exhibit A.
2. LANDSCAPING
Existing landscaping in the landscape strip shall be maintained by the property owner. An irrigation system
shall be installed within 60 days after approval.
3. OFFER OF DEDICATION
The City retains the right to accept in the future the four foot dedication as shown on Exhibit B.
4. 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.
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PASSED AND ADOPTED this 10`'' day of May, 1999, at a Regular Meeting of the Planning Commission of the
City of Cupertino by the following roll call vote:
� AYES: COMMISSIONERS: Corr, Harris, Stevens
NOES: COMMISSIONERS: Kwok
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Chairman Doyle
ATTEST: APPROVED:
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Robert S. Cowan Andrea Harris, Vice-Chair
Director of Community Development Cupertino Planning Commission
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