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102-A. Letter to Mr. Jiang dated September 1, 2010.pdfCUPERTINO September 1, 2010 Mr. Lin Jiang 10187 Byrne Ave Cupertino, CA 95014 Dear Mr. Jiang: OFFICE OF UTY MANAGER CUTY HALL 10300 TORRE AVENUE o CUPER RNO, CA 95014-3255 (408) 777-3212 - FAX (408) 777-3366 o davek@cupeilino.org At the August 3, 2010 City Council meeting you said the following in the oral 0 71 communication segment of the meeting: "Dear Council members: my name is Lin Jiang, and I am a 15 years Cupertino resident here. And today I am here to complain the fairness and of th.e city planner's office handling the fence ordinance enforcement cases that are currently open. In March this year I received a city notice of neighborhood complaint of a non- conforrr'Ling fences, I have a drive way gates and higher than three feet fences. At that same time, in that timeframe, there are about 26 cases that the city are investigating, and. I have all the numbers, the street numbers and the cases. So my neighborhood is the 4 by 4 blocks, between Stevens Creek and McClellan name. It is historic county pockets, fill areas with a lot of nonconforming structures, including fences. So in the April I have a meeting with the city plarmer Piu Ghosh and Gary [Chao], we discussed options how to resolve the problem how to make that area conforming and also fulfill the ordinance. So last week, last weekend, I have the driving way gate removed, and I informed the Piu. But she keep pushing me to remove the fences or reduced it to the three feet. While, when I ask her about updates on the other 28 cases, he did not respond, she did not provide any details, actions taken by the city planning office enforcing these ordinances. So I felt that she singled me out, for whatever reasons, and forced me to take down. So I am working in the city, but I feel he is not treating me in a fair and non-standard way and enforcing, applying the City ordinances rules to all the properties. So I caught her yesterday, and she said she did not close any cases since March, she needs to close case, that is why she is singling out my case as she forced me to take on notice, take down on my fences. Even after only me, taking, removed the driver gate, while the other 8 driver gates still there. So I ask her, hey, what is the, your action on the other gates? She said she couldn't provide any updates. And 1 1 then my wife called her today, and we discussed the historical. reasons of the nonconforming fences and how can we enforce ordinances but keep the neighborhood unity and the beauty so instead, in a way that is constructive in the property value, impacting property value rather than a destructive way." Code enforcernent cases are handled in. the order received. and your case was received earlier than the cases you referenced.. The fence ordinance states that front yard fences taller than three feet are allowed only with the approval of a fence exception and upon meeting specific conditions. There was a question raised as to whether your fence and gate were installed before ara-texation into the City and therefore not subject to current City requirements. It was clearly determined that they were installed after annexation of your property into the City. We have also confirmed with the County that they had similar ZD height regulations with regard to fences and gates. b Follow up action was being., taken for your case which has been in progress since March 2010. At your request, due to some personal problems, approximately four months of additional time was allowed for you to resolve the issue. Staff continues to be willing to work with you to bring your property into compliance. The numerous other complaints about fences and gates in your neighborhood were generated, as you know, by you, after staff contacted you about your non-compliance. We have taken steps to follow up on these as IA7eH, but since your case was the received earlier than the others, it was followed up ahead of them. Regarding your request to get specific information on other code enforcement cases, we keep the information confidential but can assure you that we are following up on them. I have investigated the matter and have found no 'basis for any discrimination. It appears that you have worked with three planners on this case - Ms. Leslie Gross, Mr. Gary Chao and Ms. Piu Ghosh - three staff members of varying backgrounds. As requested by Council, the matter of electronic gates has been scheduled for discussion at the September 7, 2010, City Council meeting. Pending tl-ds discussion, we have suspended actions on your and other code enforcement cases related to this issue, though I have noticed that you have already reinstalled your- -ate. We will follow up on all code enforcement cases on the issue of electronic gates once Council has had. an opportunity to consider the issue. Regards, David W. Knapp City Manager CC: City Council Carol Korade, City Attorney Aarti Slarivasta\,a, Director of Community Development Gar), Chao, City Planner Piu Ghosh., Associate Planner Code Enforcernent N