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Reso 5036 3-EXC-99 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 5036 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A FENCE EXCEPTION TO LOCATE A 7-FOOT HIGH FENCE ON THE SOUTH PROPERTY LINE AT 7667 ECHO HILL COURT , SECTION I: PROJECT DESCRIPTION Application No.: 3-EXC-99 , Applicant: Rupinder Sekhon Location: 7667 Echo Hill Court 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 � VHEREAS, 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, exhibits, testimony and other evidence submitted in this matter, i the exception to the fence ordinance is hereby approved subject to the conditions which are enumerated in this i 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 3-EXC-99, as set forth in the Minutes of the Planning Commission Meeting of May 10, 1999, and are incorporated by reference herein. i I I 1 � Resolution No. 5036 3-EXC-99 May 10, 1999 Page 2 i 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 Condrtions of Pro�ect Approval set forth herem may mclude certain fees, dedication requirements, ' reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these II 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 i with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. 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: i I ( AYES: COMMISSIONERS: Corr, Harris, Stevens NOES: COMMISSIONERS: Kwok ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Chairman Doyle ', ATTEST: APPROVED: ���,�-� ,�.,G..,.�, Robert S. Cowan Andrea Harris,Vice-Chair Director of Community Development Cupertino Planning Commission g:/planning/pdreport/res/r3 exc99