Reso 4109E-]
3
LA
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLJJTION No. 4109
OF THE PUMNING CONMISSION OF THE CITY OF MTM=O
APPROVING AN EXCEPTIONTO SECTION` 16.28.040 (1)
OF ORD . 686 TO AMOW A PER1M= FENCE
TO EXCEED SIX (6) FEET IN HEIGHT.
SECTION I° FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino has received an
application for an Exception, as described on Page 2 of this Resolution;
and
WfE2F,AS, the necessary notices have been given in accordance with the.
Procedural Ordinance of the City of Cupertino, and the Planning Comanission
has held one or more Public Hearings on this matters and
WHMEAS, the applicant has met the burden of proof required to support the
application, and has satisfied the following requirements,.
1) Literal interpretation of the provisions of the Ordinance from which
an Exception has been sought will result in inconsistencies with the
spirit and intent of said Ordinance
2) Granting of the Exception will, not result in a condition which is
materially detrimental to the public health, safety or welfare.
3) The Exception to be granted will require the least modification of
prescribed regulations and the` minimum variation that will
accomplish the purpose for which the Exception is sought.
4) The Exception will not result in a hazardous condition for
pedestrian and vehicular traffic.
NOW, T=EFORE, 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
BE IT FURTHER RESOLVED.*
That the subconclusions upon which the findings and conditions 'specifiel
in this Resolution are based. are contained in the Public Record concerning
Application 15-EXC=88, as set forth in the Minutes,.,,of. the Planning
Commission Meeting of October 10, 1988 and are incorporated by reference
as though fully set forth herein.