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DRC Summary 04-05-07 City of Cupertino 10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308 To: Mayor and City Council Members Planning Commissioners From: Steve Piasecki, Director of Community Development Date: April 10, 2007 Subj: REPORT OF DESIGN REVIEW COMMITTEE FINAL DECISIONS MADE April 5, 2007. Chapter 19.136 of the Cupertino Municipal code provides for A eal of decisions made b the Desi Review Committee 1. Application EXC-2007-04; Amar Gupta, 22975 Balboa Road Description Fence Exception for an electronic security gate Action The Design Review Committee approved the application on a 2-0 vote. This is effective AprilS, 2007. The fourteen-calendar day appeal will expire on February 24, 2007. Enclosures: Design Review Committee Report of AprilS, 2007 Resolution No. 253 Approved Plan Set G :planning/Drcj04050 7 summanjletter.doc To: From: Subject: Location: Design Review Committee Piu Ghosh, Assistant Planner Application: EXC-2007-04 22975 Balboa Road Date: April 5, 2007 . Project Description: Fence Exception request to install a 6 foot 6 inch electronic gate at an existing single family residence. RECOMMENDATION: Staff recommends the Design Review Committee deny the EXC-2007-04, based on the model resolution. BACKGROUND: The applicant obtained approval to build an approximately 6,500 square foot single family residential home with an approximately 3,500 square foot basement. The home is located at the end of Balboa Road. According to the applicant a gate is required at the entrance to his home for the following reasons: 1. Hikers and drivers wander into the area thinking that the road is a scenic route, 2. Unknown persons a. Broke some glass blocks on his property and left cigarette butts at the property, b. Stole a toilet seat bidet and four transformers from the property, and 3. The presence of bobcats. The applicant has not filed any police reports for the vandalism or thefts. DISCUSSION: Section 16.28.045 of the Fence Ordinance (Exhibit B) specifies the conditions under which roadway and driveway gates may be approved by the City in residential areas. The development needs to meet anyone of the following conditions: 1) The project is a mixed use development, where the parking for different uses needs to be separated to assure availability of parking for each use; 2) The project includes a below-grade parking structure, where the gates are required to secure the below-grade parking; 3) The electronic gates are required to obtain federal or state funding; 4) The development is secluded; 5) The electronic gates are needed for demonstrated security reasons, meaning there have been past sheriff's reports of vandalis~, trespassing or burglary; or 6) The electronic gates were in existence prior to September 20, 1999, and has to provide evidence that the gates are needed for demonstrated security and/ or demonstrated safety reasons. Conditions #1, 2, 3, 5 and 6 are clearly not relevant to this development. The development does meet condition #4. However, there is no evidence that the gates are required for demonstrated security and/ or demonstrated safety reasons, which is one of the required 1- , April 5, 2007 EXC-2007-04 findings. Such evidence is usually in the form of a police report. In this case, the applicant has alleged that there has been vandalism and thefts have occurred while construction was in progress; however, there are no demonstrated security or safety reasons. It is not uncommon for uninhabited construction sites to attract vandals. Once construction is completed, there are several alternative ways to protect the home from intruders such as installing a security system and/ or motion activated lights in the front yard. Since more houses can be built in the Balboa Road neighborhood in the future, each of these houses could potentially be considered secluded and be eligible to apply for a fence exception. The Cupertino General Plan outlines strategies to implement Policy 2-22: Neighborhood Street Planning, which includes the discouragement of vehicular access gates since they isolate developments from the community (see Exhibit C). One way to prevent a gated enclave in this part of Cupertino and to prevent unwanted intrusions into the privacy of the houses on Balboa Road is to use the existing approved electronic gate at the bottom of Balboa Drive. The fence was installed in 2000. Anne and Phillipe Dor applied for an exception for an electronic fence at the end of 1999. The Planning Commission approved the fence exception in April 2000, based on the findings that the development was secluded and there were demonstrated/ documented security reasons in the form of police reports reporting thefts and a break in at the property. In May 2000, the City Council denied an appeal of the Planning Commission's approval of a fence exception for an electronic fence on Balboa Road. The conditions of approval of the fence exception included an option for removal of this electronic fence, if two more properties developed on Balboa Road and a majority of the property owners who have developable lots on Balboa Road desire the removal of the gate or, if the road becomes a public road (See Exhibit D). However, since the applicant desires privacy and protection by means of an electronic gate, they do have the option to use this gate. Balboa Road is the only means of vehicular access to the neighborhood and the property. This will serve a dual purpose of protecting the applicant's privacy with the least modification of the fence ordinance and the least variance possible. The location of the proposed fence meets the Fire Department's requirements with regard to emergency access. The Fire Department does have one comment with regard to the design of the fence. If the Design Review Committee approves the fence exception, a condition should be added to the resolution requiring that the applicant satisfy the Fire Department's requirements. Enclosures: Model Resolution Exhibit A: Letter of Justification Exhibit B: Fence Ordinance Exhibit C: General Plan Policy 2-22: Neighborhood Street Planning Exhibit D: Planning Commission Resolution No. 6017 Plan Set 2 I'~ April 5, 2007 EXC-2007-04 Prepared by: Piu Ghosh, Assistant Planner .. .", , Approved by: Ciddy Wordell, City Planner (, c(l_~l/ ~)c~}c€e (~ G:\ Planning \ DRC\staff rep \2005\ EXC-2007-04.doc 3 ,-3 EXC-2007-04 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO DENYING A FENCE EXCEPTION FOR AN ELECTRONIC SECURITY GATE IN ACCORDANCE WITH CHAPTER 16.28 OF THE CUPERTINO MUNICIPAL CODE FOR 22975 BALBOA ROAD --------------------------------------------------------------- --------------------------------------------------------------- SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: EXC-2007-04 Amar Gupta 22975 Balboa Road SECTION II: FINDINGS WHEREAS, the Design Review Committee of the City of Cupertino received an application for exceptions to the Fence Ordinance, as described in this Resolution; and WHEREAS, the applicant has not met the burden of proof required to support said application; and has not satisfied any of the following requirements: That with respect to the issue of a roadway and driveway gate in a residential area: a) There is no evidence that the gates are needed for a demonstrated security and! or demonstrated safety reasons. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the exception to the fence ordinance is hereby recommended for denial. That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application EXC-2007-04, as set forth in the Minutes of the Design Review Committee Meeting of April 5, 2007, and are incorporated by reference herein. PASSED AND ADOPTED this 5th day of April 2007, at a Regular Meeting of the Design Review Committee of the City of Cupertino by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: 1-4 Resolution No. Page 2 EXC-2007-04 April 5, 2007 ATTEST: APPROVED: Ciddy Wordell City Planner Cary Chien, Chairperson Design Review Committee g jplanning/pdreportjresjEX C-2007 -04denial.doc 1-5 Exhibit A CHAPTER 16.28: JFENCES* Section 16.28.010 16.28.020 16.28.030 Purpose. Definitions. Fence location and height for zones requiring site review. Fence location and height for zones not requiring site review. . Roadway and driveway gates. Proximity of plants and fences to public streets. Exceptions. Temporary fences for construction. V iolation- Penalty. Prohibited fences. 16.28.040 16.28.045 16.28.050 16.28.060 16.28.065 16.28.070 16.28.080 * For statutory provisions making fences taller than ten feet a nuisance, see Civil Code ~ 841.4. Prior ordinance history: Ords. 112, 686, 852, 1179, 1630, 1637 and 1777. 16.28.010 Purpose. The purpose of this chapter is to regulate the location and height of fences and vegetation in yards of all zoning districts in order to protect the safety, privacy, and property values of residents and owners of properties within any zoning district of the city, including but not limited to residential, commercial, offices, institutional, industrial and/or agricultural properties. (Ord. 1979, (part), 2006; Ord. 1788, ~ 1 (part), 1998) 16.28.020 Definitions. The words and terms used in this chapter shall have the following meanings unless the context clearly indicates otherwise: A. "Demonstrated safety" means a condition requiring protection from the threat of danger, harm, or loss, including but not limited to the steepness of a roadway or driveway that may create a hazardous parking situation in front of a gate. B. "Demonstrated security" means a condition requiring protection from the potential threat of danger, harm or loss, including but not limited to a location that is isolated and invisible from public view or that has 2006 S-8 experienced documented burglary, theft, vandalism or trespassing incidences. C. "Fence" means a man-made structure which is designed, intended or used to protect, defend or obscure the interior property of the owner thereof from the. view, trespass or passage of others upon that property . D. "Fence height" means the vertical distance from the highest point of the fence (excluding post caps) to the finish grade adjoining the fence. In a case where the finish grade is different for each side of the fence, the grade with the highest elevation shall be utilized in determining the fence height. E. "Plant" means a vegetative matter. F. "Setback area, required front" means the area extending across the front of the lot between the front lot line and a line parallel thereto. Front yards shall be measured either by a line at right angles to the front lot line, or by the radial line in the case of a curved front lot line. The front of the lot is the narrowest lot line from a public street. G. "Setback area, required rear" means the area extending across the full width of the lot between the rear lot line and the nearest line or point of the main building. H. "Setback area, required side" means the area between the side lot line and the nearest line of the building, and extending from the front setback line to the rear setback line. (Ord. 1979, (part), 2006; Ord. 1788, ~ 1 (part), 1998) 16.28.030 Fence Location and Height for Zones Requiring Site Review. A. The Design Review Committee, Planning Commission and City Council shall have the authority to require, approve, or disapprove wall and fencing plans including location, height and materials in all zones requiring design review. B. The basic design review guidelines for the review of fences and walls are as follows: 1. Fences and walls separating commercial, industrial, offices, and institutional zones from residential zones shall be constructed at a height and with materials designed to acoustically isolate part of or all noise emitted by future uses within the commercial, industrial, offices, or institutional zones. The degree of acoustical isolation shall be determined during the design review process. 39 I-It; :B.6.2luno CUl]pertino - Buildings 311lid Construction 40 2. Fences and walls separating commercial, industrial, offices, and institutional zones from residential zones shall be constructed at a height and with materials designed to ensure visual privacy for adjoining residential dwell)ng units. The degree of visual privacy shall be determined during the review process. 3. Fences and walls shall be designed in a manner to provide for sight visibility at private and public street intersections. (Ord. 1979, (part), 2006; Ord. 1844, ~ 1 (part), 2000; Ord. 1788, ~ 1 (part), 1998) 16.28.040 Fence Location and Height for Zones Not Requiring Site Review. A. In the case of an interior residential lot, a maximum six-foot-high fence shall be permitted in the rear yard setback area and in the side yard setback areas. A maximum three-foot-high fence, measured from finish grade, shall be permitted in the front yard setback area. B. In the case of a corner residential lot, a maximum six-foot-high fence shall be permitted in the required rear yard setback area and on the side yard lines, excepting that fence heights within the side yard setback area adjacent to a public street shall be regulated as described below. No portion 'of a fence shall extend into the front yard setback area or forty-foot corner triangle. 1. Situation in which the rear property line adjoins a rear property line: The minimum side fence setback line for a six-foot-high fence shall be five feet from the property line. 2. Situation in which the rear property line adjoins the side property line of a keylot: The minimum side fence setback line shall be five feet from the property line, except that the setback line within ten feet of an adjacent side property line shall be maintained at twelve feet. 3. A fence not exceeding three feet in height measured from finish grade can be constructed on any location within a required yard except the forty-foot corner triangle. C. Where a six-foot fence is allowed, an eight-foot- high fence can be constructed in lieu thereof subject to building permit approval and upon receipt of written approval from property owners. D. In the case of parcels zoned residential hillside (RHS) or open space (OS), the fences shall be governed by Section 19.40.080. (Ord. 1979, (part), 2006) ---+ 16.28.045 Roadway and Driveway Gates. Roadway and driveway gates may be approved through a fence exception if the development meets anyone of the following conditions: is a .mixed-use development, where the parking for different uses needs to be separated to assure availability of parking for each use; if a development includes a below-grade parking structure, where the gates are required to secure the below grade parking; if gates are 2006 S-8 required for a development to obtain federal or state funding; if the development is secluded; if the electronic gates are needed for demonstrated security and/or demonstrated safety reasons; or if the electronic gates were in existence prior to September 20, 1999. .- Additionally, roadway and driveway gates Ln residential areas approved by a fence exception shall be set back a minimum of 30 feet from the front and/or street side property lines and shall provide~ evidence the gates are needed for dem~~d security and/or demonstrated safety ~~ All roadway and driveway gates approved by a fence exception shall also be required to comply with the Fire Department Standard Details and Specifications for Security Gates for access roadways and driveways. (Ord. 1979, (part), 2006; Ord. 1833, 1999; Ord. 1802, (part), 1999) 16.28.050 Proximity of Plants and Fences to Public Streets. The proximity of plants and fences to public streets shall be controlled by the provisions of Chapter 14.08 of the Municipal Code. (Ord. 1979, (part), 2006; Ord. 1788, ~ 1 (part), 1998) Hi.2lUl60 Exceptions. Where practical difficulties, unnecessary hardships, or results inconsistent with the purpose and intent of this chapter result from the strict application of the provisions hereof, exceptions may be granted as provided in this section. A. Application and Fee. Application shall be made in writing to the Design Review Committee on a form prescribed by the Director of Community Development. The application shall be accompanied by a fee as prescribed by City Council resolution. B. Public Hearings. Upon receipt of an application for exception, the Director of Community Development shall set a time and place for a public hearing before the Design Review Committee and order the public notice thereof. Mailed written notice of the hearing on the fence exception shall be given by the Director of Community Development to all owners or record of real property (as shown in the last assessment roll) which abut the subject property, as well as property and its abutting properties to the left and right, directly opposite the subject property and located across a street, way, highway or alley. Mailed notice shall include owners of property whose only contiguity to the subject site is a single point. Said notice shall be mailed by first class mail at least ten days prior to the Design Review Committee meeting in which the application will be considered. The notice shall state the date, time and place of the hearing. A description of the fence exception shall be included in the notice. If the 1- 17 41 Director of Community Development believes the project may have negative effects beyond the range of the mailed notice, particularly negative effects on nearby residential areas, the Director, in his or her discretion, may expand noticing beyond the stated requirements. Compliance with the notice provisions set forth in this section shall constitute a good-faith effort to provide notice, and failure to provide notice, and the failure of any person to receive notice, shall not prevent the city from proceeding to consider or to take action with respect to an application under this chapter. The Design Review Committee shall hold a public hearing at which time the Committee may grant the exception based upon the following findings: 1. The literal enforcement of the provisions of this chapter will result in restrictions inconsistent with the spirit and intent of this chapter. 2. The 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 is one that will require the least modification of the prescribed regulation and the minimum variance that will accomplish the purpose. 4. The proposed exception will not result in a hazardous condition for pedestrian and vehicular traffic. 5. The proposed development is otherwise consistent with the city's General Plan and with the purpose of this chapter as described in Section 16.28.010. 6. The proposed development meets the requirements of the Santa Clara Fire Department and Sheriff's Department, and if security gates are proposed, that attempts are made to standardize access. 7. The fence height for the proposed residential fence is needed to ensure adequate screening and/or privacy. After closing the public hearing, the Design Review Committee may approve, conditionally approve or deny the application for exception. C. Appeals. Any application for exception which received final approval or disapproval by the Design Review Committee may be appealed to the Planning Commission as provided by Section 19.136.060 of this code. (Ord.1979, (part), 2006; Ord. 1844, ~ 1 (part), 2000; Ord. 1822, (part), 1999; Ord. 1802, (part), 1999; Ord. 1788, ~ 1 (part), 1998) 16.28.065 Temporary Fences for Construction. The Chief Building Official may require persons constructing structures in the city to erect and maintain temporary fences around all or a portion of the construction site in order to secure the site from entry by the general public. (Ord. 1979, (part), 2006; Ord. 1777, (part), 1998) 2006 5-8 Fences 16.28.060 16.28.070 Violation-Penalty. Any person who violates the provisions of this chapter shall be guilty of an infraction and upon conviction thereof shall be punished as provided in Chapter 1.12. (Ord. 1979, (part), 2006; Ord. 1788, ~ 1 (part), 1998) 16.28.080 Prohibited Fences. Barbed wire, razor wire, and/or electrified fencing are prohibited unless required by law or regulation of the City, State or Federal Government. (Ord. 1979, (part), 2006) 1--5 \ -!0 ............ . ............. Neighbors FRONT H o u S E ~. H o u S E R o A D 20' 6' Tall Fence (can be 8' with neighbor approvals and Building Pel1nits) on property line except the front yard setback or at the street side. 3' Tall Fence on property line at Front and side. Not on Street side. No electronic gates. 40' Comer Triangle (Entend fropt and side property line. Measure 40' back from the point of intersection and connect those two points.) No structures in this triangle, unless, the intersection is a controlled intersection, i.e., with a Stop sign or a Traffic Signal. You may, however, have plantings no taller than 3'. FW: fence exception Exhibit B Piu Ghosh From: Amar Gupta [agupta2000@comcast.net] Sent: Tuesday, March 13, 2007 7:48 PM To: Ciddy Wordell Cc: Piu Ghosh; tbrown1 040@aol.com; agupta2000@comcast.net Subject: FW: fence exception Hi Ciddy, My family's safety is something I need your help in addressing proactively, not after an unfortunate safety incident. During weekends, on many occasions, we have seen hikers loitering in that area. Some of them continue to wander even after we tell them this is a private property and a dangerous construction zone, as though they are entitled. Even during weekdays, many people driveup there thinking it is a scenic route, particularly since the online maps show all the "paper" streets as existent (stella, Paloma, EI Cerrito, etc.) Re: security, so far, the following have occurred. 1. On Memorial Day weekend (2006), my home site was vandalized. They broke several glass blocks and left smoldering cigarette butts in many areas. I was lucky there was no fire. I did not file a police report thinking it was perhaps an isolated incident. 2. On July 4th, on right side porch. Needless to say, we 2006 we drove up to see the fireworks and saw a bob cat sitting When we shined the headlight at it, it just stared back; retreated. 3. Since then, someone stole my toilet bidet seat (of all things) and four transformers I had stored inside the house for outside use. Since I could not exactly pinpoint the date of the theft, I did not bother to file a police report again. I felt that perhaps all this will stop once we get the gate approved. I certainly do not want to file a report now since it will appear I am doing it for a different reason. Ciddy, as you realize, no one can even see the gate from any public street. This gate will not make the area look like a gated community. The utter seclusion itself is a good evidence for a gate. I ask for the staff support for my application. thing else I can do to demonstrate the need. live there in a state of fear or anxiety. Please let me know if there is any I don't think the City would want us to Regards, Amar Gupta 3/26/2007 /-10 2~18 LAND USE/COMMUNITY DESIGN Exhibit C 1 SEE CHAPTER 16.28 OF THE CUPERTINO MUNICIPAL CODE REGARDING FENCE EXCEPTIONS FOR VEHICULAR ELEC- TRONIC SECURITY GATES. If.t;I,~.\'''';.'.';~f . 1 /~;', ~.. \ 'L-. ~~. able housing and offer residents easy access to shopping and work. Ample housing must be available to Cupertino employees to assure that housing prices and locations are within reach. While several neighborhoods have plan- ning procedures in place, others require identi- fication of and planning for special needs. .~ Fairgrove neighborhood residents celebrating their new identification sign ~ Policy2-21: Unique Neighborhood Character Identify neighborhoods that have an architectural style, historical back- ground or location that contribute to a unique neighborhood, and develop plans that preserve and enhance their unique qualities. Strategies: 1. Neighborhood Plans. Initiate or respond to requests to create Council approval for any budgeting needed to prepare the plans. 2. Neighborhood Zoning. Respond to requests from neighborhood groups to develop zoning regulations to address their interest in preserving neighbor- hood character, such as single story homes or distinctive architecture. CITY OF CUPERTINO GENERAL PLAN 3. Merriman-Santa Lucia Neighborhood. Allow legally constructed duplexes to remain in the area bounded by Santa Lucia Road, Alcalde Road and Foothill Boulevard. ~ Policy 2-22: Neighborhood Street Planning Develop pedestrian-friendly street environments in each neighborhood that help create neighborhood identity, improve safety, increase opportunities for social interaction and connections . to shopping, schools, recreation and other destinations. Strategies: 1. Circulation Patterns. Evaluate neigh- borhood circulation pattems and elimi- nate pedestrian balTiers. 2. Public Facilities. Evaluate existing and planned public facilities, such as schools and parks, to improve pedestrian access. 3. Street Trees. Develop uniform street tree planting plans for each neighbor- hood. 4. Neighborhood Entries. Define neigh- borhood entries through architecture, landscaping or land forms appropriate to the formal or rural character of the neighborhood. Vehicular electronic gates should generally be discouraged, because they isolate developments from the community. 5. Street Requirements. Determine if spe- cial street widths, sidewalk require- ments or light fixtures are desirable for any neighborhoods. I~ " Exhibit 0 15-EXC-99 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6017 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROV AL OF A FENCE EXCEPTION FOR AN ELECTRONIC SECURITY GATE LOCATED AT 22525 BALBOA ROAD, IN ACCORDANCE WITH CHAPTER 16.28 OF THE CUPERTINO MUNICIPAL CODE SECTION I: PROJECT DESCRIPTION Application No.: Applicant: Location: 15- EXC-99 Anne Dor 22525 Balboa Road SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for an exception to the Fence Ordinance, as described in this Resolution; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: a) That the literal enforcement of the prOVISions of this title will result in restrictions inconsistent with spirit and intent of this title; b) That the approval of the exception will not result in a condition which is materially detrimental to the public health, safety, or welfare; and c) That the exception to be granted is one that will require the least modification of the prescribed regulations and the minimum variance that will accomplish the purpose; d) That the proposed exception will not result in a hazardous condition for pedestrian and vehicular traffic. e) That the proposed development is otherwise consistent with the City's General plan and with the purpose of this chapter as described in Section 16.28.010. 1) That the proposed development meets the requirements of the Santa Clara Fire Department and Sheriffs Department, and if security gates are proposed, that attempt') are made to standardize access. g) That the proposed development site is secluded and has demonstrated that a gate is needed for security reasons. I-/~ Resolution No. 6017 Page 2 15-EXC-99 April 10, 2000 =================================== NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the exception to the fence ordinance is hereby approved subject to the conditions which are enumerated in this Resolution; and That the subconclusions upon which the findings and conditions specified in tlus Resolution are based and contained in the Public Hearing record concerning Application 15-EXC-99, as set forth in the Minutes of the Planning Commission Meeting of April 10, 2000, and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Exhibit A consisting of one sheet titled "Site Plan," Dated March 2000, except as may be amended by the conditions contained within this resolution. Exhibit D that depicts the gate style and color. The gate height shall not exceed six feet. 2. GATE ACCESS Prior to final occupancy, the City requires written approval of the access mechanisms from the Santa Clara County Sheriff s Office and Fire Department. 3. GATEREMOVAL The gate is subject to removal at the owner of Assessor Parcel Number 342-19-037's expense when: The road becomes public; or if two additional properties become developed and it is required by a majority ofthe common access developable property owners based on one vote per developable site. 4. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020( d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby fhrther notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within tlus 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. PASSED Al\TD ADOPTED this 10h day of April, 2000, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: NOES: COMMISSIONERS: Carr, Doyle, Kwok, Stevens and Chairperson Harris COMMISSIONERS: /-/3 Resolution No. 6017 Page 3 ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: ATTEST: /s/ Steve Piasecki Steve Piasecki Director of Community Development g:/planning/pdreportlres/15exc99 _I 15-EXC-99 April 10, 2000 APPROVED: /s/ Andrea Harris Andrea Harris, Chairman Cupertino Planning Commission I -( If \.fJ '- Entry Gate Element ~ ~ . 2" band Steel! 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N::> O:::NO Dote: FEBRUAR'(-2007 Scale: 1"=10' Drawn: CAD Job- Sheet 111-74 1 of 1 Sheets EXC-2007-04 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 254 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A FENCE EXCEPTION FOR AN ELECTRONIC SECURITY GATE IN ACCORDANCE WITH CHAPTER 16.28 OF THE CUPERTINO MUNICIPAL CODE FOR 22975 BALBOA ROAD --------------------------------------------------------------- --------------------------------------------------------------- SECTION I: PROTECT DESCRIPTION Application No.: EXC-2007-04 Applicant: Amar Gupta Location: 22975 Balboa Road SECTION II: FINDINGS WHEREAS, the Design Review Committee of the City of Cupertino received an application for an exception to the Fence Ordinance, as described in this Resolution; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: That with respect to the issue of a roadway and driveway gate in a residential area: a) The development is secluded and b) There is evidence that the gates are needed for demonstrated security and/ or demonstrated safely reasons. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the exception to the fence ordinance is hereby recommended for approval. That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application EXC-2007-04, as set forth in the Minutes of the Design Review Committee Meeting of April 5, 2007, and are incorporated by reference herein. Entry Gate Element , t; x.c - dOC 7- oif Application Number 4--5-07 __ Date Signature ~ ---1 ~ l---~ Cas Manager - · APPROVAL ORe ~ . ~~';;;,w:~";';;":-;6-"';':C:"''''''~-'~''.~' ",;"" .~. -_:,.....0:'" , I J ......<r,.'...;..,.I\.<""..::;...,_:r..,;l<.;...':i-......:.__.j,..:._.:::..~:;......~ 2" band Steel/Wrought Iron Gate - Height: 6 % feet - Open Design ~ Left Column March 5, 2007 Right Column o o ~ :e: :g % i . w m o '-j 2 &,..35 (1 \ SCALE: 1" 10' EXISTING GARAGE EXISTING HOUSE rl '. ., p " '02.72 t> . 1>/4;' . .:;. p ",,"()U ;/ V[lo 17 < . , , . , 'I: . " , , , ), , , , '" . , . '0. i> ,~ , . , , '" , '<> , , ., , ., , .o1xiF,gS',I>V , o p' '7 -t4~---.-----~~ ]., , ~.: c--: . ~ -=-----~---'" eeg 10094' ... " I. .' .. ..p'N~~TE.Pt>~CH' . ~ 180.18 ,/ '\ v !7 A . "., . 100.98 ;' '\ 10F;,l' \7 //V.... \7 ~ - ",,"fi, p -C", [> / CS t> 17 '\ t> " , " " ~ . ,- " // -f> " "EXISTiNG DRIV~ p. , " " " " . ". p " ". ~ , , , " . . ~, \7 . p . . .v . '", '" \7 ,. . \7 .\ . " V" . . \7 p ,. r.ouN}A)N \7 . ! \7 ~ . 1oo.'lll> (7 WA TER VALVE \7 \7 '\7 FIRE HYDRANT v 1 ~oooo " Proposed Security Gate PRIVATE ....-.'.~-?~ '~'JcY~"':":r"Y'-"'r.",-",,-'-"::~'_~:V\"e-::;:r~~::-"1~'''' .--:-..~ APPROVAL DRe ['!0-~co7-0+ Application Number 4-5 -0 '7 EDGE OF PAVEMENT ,. I I . -J~. S;(;'~~'IL.F'e L.----'"'~ .)"n' , ~~- Case anager . " q I ..,.<;-'::~:":1~.~~...~.l:1.,-;':.:,"'~',>- ..... '-.-~- ) .";"___~,;;.;.;...,...,oIJ"" ~ Driveway RECEIVED MAR 08 2007 BY ~PAVEM~"" ~9072 REVISIONS I BY <:I <:I Z N Z Z 0 ~ it: ~ i= w u ... w ~ ::;) I Z ~ ,.., (; ::;) .... z en z N W 0 ..... ..J U 10 :; ! 0 Cg III ;;: . .nUl <C u ...= 15 z III \; ~ w C: lL ::;) U ~ 0... ::::> 0 l..1- 0 (f) 0 Z :5 ~ > 0::: ::::> (f) U :1:0 0...<( <(0 0:::0::: o 0<(<( o...OU Om I-~O wmZ > I- -1C)0::: ~r---.w -.Jmo... WN::::> O:::NU Dote: FEBRUARY-2007 Scale: '"-10' Drown CAD Job" 111-74 Sheet 1 of 1 Sheet$