Reso 3095 2-EXC-87
CITY OF CUPERTINO
10430 So. De Anza Boulevard
Cupertino, California 95014
RESOLUTION NO. 3095
OF THE PLANNING COMNIISSION OF THE CITY OF CUPERTINO
APPROVING AN EXCEPTION TO ORDINANCE 686
TO ALLOW A RESIDENTIAL FENCE TO ENCROACH
INTO THE PUBLIC RIGHT-OF-WAY.
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
WHEREAS, the necessary 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) 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.
1111 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, as demonstrated on Staff Info.
Exhibit accompanying this application.
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
BE IT FURTHER RESOLVED:
That the subconclusions upon which the findings and conditions specified
in this Resolution are based are contained in the Public Record concerning
Application 2-EXC-87, as set forth in the Minutes of the Planning
Commission Meeting of October 12, 1987 and are incorporated by reference
as though fully set forth herein.
• - 1 -
RESOLUTION NO. 3095 (2-EXC-87) 09/14/87
Page - 2 -
SECTION II) DESCRIPTION
Application No(s) 2-EXC-87
Applicant: Chau Lin
Property Owner: Same
Location: South side of Stevens Creek Boulevard approxi-
mately 100 ft. Past of Carmen Road at 22213
Ouinterno Court
SECTION III: CONDITIONS ADMINISTERED BY THE PLANNING DEPARTMENT
1. APPROVED EXHIBITS
The approval is based on Exhibits A and Staff Info. of Application
2-EXC-87 except as may be amended by the conditions contained in
this Resolution.
• 2. FENCE HEIGHT SETBACK LIMITATION
The subject fence shall not exceed a height of six (6) feet.
The fence shall maintain a setback of twenty (20) feet from the top
of the slope, as generally described on the Staff Info. Exhibit.
Said fence line setback shall be staked in the field, and shall be
subject to inspection and approval by the City Engineer, prior to
construction.
• Side extensions of the fence encroachment shall extend parallel to
the eastern and western property lines. On the west side, said
fence shall follow the property line out of the twenty (20) foot
setback line; on the Past side fence shall extend parallel to the
easterly property line starting at the easternmost point where the
subject property and the public right-of-way are contiguous.
The fence encroachment shall be of an attractive design subject to
staff approval prior to construction, and shall not consist
exclusively of vertical boards; the existing northerly fence along
the subject property is an example of an acceptable construction
mode.
COVENANT FOR REMOVAL
Prior to construction of the fence encroachment, the applicant shall
record a covenant running with the land, acceptable to the City
Attorney, providing for removal of said fence from the public
right-of-way at the property owner's expense, upon reasonable prior
notice that the City intends to reclaim use of said right-of-way for
public purposes.
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