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ASA-2005-04b CITY OF PE IN 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX 777-3333 May 251 2005 John Tang San Jose Water Company 1265 S. Bascom Avenue San Jose, CA 95128 SUBJECT: PLANNING COMMISSION ACTION LETTER - ASA-2005-04 This letter confirms the decision of the Planning Commission, given at the meeting of May 24, 20051 approving an architectural and site approval for a security fence for an existing water tank, located on Regnart Road, according to Planning Commission Resolution No. 6301. Please be aware that if this permit is not used within a two-year period, it shall expire on May 24, 2007. Also, please note that an appeal of this decision can be made within 14 calendar days from the date of this letter. If this happens, you will be notified of a public hearing, which will be scheduled before the City CounciL Sincerel y I ,~ / Ciddy Wordell City Planner Cc : San Jose Water Company, 374 W. Santa Clara Street, CA 95196 glplilrlll1r1g/post heamtg/acliorlletter asa-2005-04 ASA - 2005-04 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6301 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING ARCHITECTURAL AND SITE APPROVAL FOR A SECURITY FENCE FOR AN EXISTING WATER TANK LOCATED ON REGNART ROAD SECTION 1: PROJECT DESCRIPTION Application No(s): Applicant: Location: ASA-2005-04 John Tang (San Jose Water Co.) Regnart Road SECTION II: FINDINGS WHEREAS, the necessary public 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 said application; and has satisfied the following requirements: 1. The proposal, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2. The proposal is consistent with the purposes of this chapter, the General Plan, and zoning ordinance; 3. The proposal will use materials and design elements that compliment neighboring structures; 4. The proposal conforms with the design guidelines and standards of the Heart of the City Specific Plan; NOW, THEREFOREI BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the design review application is hereby approved subject to the conditions which are enumerated in this Resolution beginning on page 2 thereof; 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 ASA-200S-04 Resolution No. 6301 Page 2 ASA-200S-04 May 24, 2005 set forth in the Minutes of the Planning Commission meeting of May 241 2005, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the plan set entitled: Regnart Station Security Fencing/' dated 5/19/05 and consisting of 1 sheet except as may be amended by the conditions contained in this approval. 2. FENCE MATERIAL Replacement fencing for the south boundary shall be a dark vinyL chain-link material. 3. FENCE INSTALLATION The fence shall be installed within 30 days of approval. PASSED AND ADOPTED this 24th day of May 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABST AIN: ABSENT: COMMISSIONERS: Chen, Vice-Chair Miller, Saadati and Chairperson Wong COMMISSIONERS: COMMISSIONERS: Giefer COMMISSIONERS: ATTEST: APPROVED: / sf Ciddy Wordell City Planner Planning Department Is/ Gilbert Wong Gilbert Wong, Chairperson Cupertino Planning Commission G: \ Planning\PDREPORT\ RES\ ASA-2005-04 res. doc