Reso 3092 3-EXC-87
CITY OF CUPERTINO
10430 So. De Anza Boulevard
Cupertino, California 95014
1010 RESOLUTION NO. 3092
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING AN EXCEPTION TO SECTION 16.28.040 (2) (3) OF
ORDINANCE 686 TO ALLOW A FENCE WITHIN THE CORNER TRIANGLE
AND TO ALLOW A PORTION OF SAID FENCE
TO EXTEND A HEIGHT OF SIX (6) .1 2.
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 ner csary 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 HPArings 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.
• 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 lest 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 3-EXC-87, as set forth in the Minutes of the Planning
Commission Meeting of September 14, 1987 and are incorporated by reference
as though fully set forth herein.
O - 1-
RESOLUTION NO. 3092 (3-EXC-87) 09/14/87
Page - 2 -
I SECTION II) DESCRIPTION
4111 Application No(s) 3-EXC-87
Applicant: HW and Associates Investment
Property Owner: Same
Location: Northeast and southeast corners of Stelling
Road and Fairwood Court
Parcel Area (Acs) : N/A
SECTION III: CONDITIONS ADMINISTERED BY THE PLANNING DEPARTMENT
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits A-1 and Staff
Info. of Application 3-EXC-87 except as may be amended by additional
conditions enumerated herein.
2. WALL HEIGHT LIMITTATION
The wall portion within the corner triangle and front setback area
of Lots 1 and 12 of Tract 7976 shall be limited in height as
indicated conceptually on Exhibit A-1, and shall generally not
exceed three feet except as neressary to provide a gradual
transition in height to the existing wall section facing Stelling
Road.
PASSED AND ADOPTED this 14th day of September, 1987, at a regular meeting
of the Planning Commission of the City of Cupertino, State of California,
by the following roll-call vote:
AYES: CONIV]ISSIONERS: Adams, Claudy, Sorensen, Szabo, and Chairman
Mackenzie
NAYS: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ATTEST: CAPPROVED:
QL-A. CLA-AAA-L \\S) (1.,41 r
Robert Cowan Donald Mackenzie, irman
Planning Director Planning Commission
RSO3EXC(MARKSTF)