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ERC 05-21-03Design Review Committee April 16, 2003 Cupertino, CA 95014 (408) 777-3308 APPROVED MINUTES OF THE REGULAR MEETING OF THE DESIGN REVIEW COMMITTEE HELD ON MAY 21, 2003 ROLL CALL Committee Members present: Committee Members absent: Staff present: APPROVAL OF MINUTES: April 16, 2003 Taghi Saadati, Chairperson Gilbert Wong, Commissioner None Colin Jung, Senior Planner Minutes of the April 16, 2003 Design Review Committee were approved. WRITTEN COMMUNICATIONS: A copy of an incident report dated 01/13/03 was submitted for application EXC-2003-02, Roger Wang, 11631 Upland Way, to document vandalism on the property while under construction. POSTPONEMENTS/REMOVAL FROM CALENDAR: ORAL COMMUNICATION: None CONSENT CALENDAR: None OLD BUSINESS: None NEW BUSINESS: None PUBLIC HEARING: Application: Applicant: Location: EXC-2003-02 Roger Wang 11631 Upland Way Fence exception to construct an electronic gate. 2 Design Review Committee decision final unless appealed Design Review Committee May 21, 2003 Staff Presentation: Colin Jung, Senior Planner, explained that the applicant is requesting a fence exception to add electronic controls to an existing fence. The existing fence is on the property line and in order to meet the fence ordinance for a six foot fence, the fence needs to be moved back 20 feet from the property line. The applicant has agreed to do this. Mr. Jung briefly read through the fence ordinance, describing various reasons with one would need an electronic gate. Mr. Wang, the applicant, has had some vandalism of his property while under construction. Mr. Jung stated that such vandalism has occurred in the past on properties that are vacant and under construction. The applicant submitted an incident report dated 01/13/03 to document the vandalism. Staff couldn't make the finding that there is a demonstrated security risk not having an electronic gate. Staff recommends denial of adding electronic controls to the existing manual gate. Commissioner Wong asked for more clarification of demonstrated security risks. Mr. Jung stated that there is no evidence that the evidence that an electronic will improve security. Mr. Wong stated that throughout the existing neighborhood, some homes have electronic gates and some do not. He asked if these electronic gates were built prior to 1999, when the electronic fence ordinance came into effect. Mr. Jung answered yes. Mr. Wong asked if an exception could be allowed for the electronic gate if it is compatible with the existing neighborhood. Mr. Jung stated that it would definitely be a convenience, but there was nothing in the ordinance that supports an electronic gate for that reason. Mr. Wong asked if additional landscaping could be added to help screen the gate. Mr. Jung stated that would be difficult with an existing tennis court in the front of the property. Chairperson Saadati stated that the house next door has a similar gate. He asked if there was a plan showing how large the electronic portion would be and where it would be located. The plan set showed that it would not be visible and shrubbery planted would be planted around it. Mr. Saadati stated that one would not know if the gate was motorized or not. Roger Wang, applicant, stated that he intends to move into the property once it is completed. Mr. Wang stated that uphill on the south side of his property, people park at night and in the morning he finds beer bottles and other items. He respects the city policy, but would feel less vulnerable with the electronic gate. Mr. Wang pointed out a finding in the code that stated the Design Review Committee could grant an exception based on the finding on whether the exception complied with the spirit of the chapter, which he believes the spirit of the chapter is not to limit the electronic device, but the gate being the main issue. Mark Adams, 11611 Upland Way, believes that good fences make good neighbors. Mr. Adams stated that from listening to the Committee, the main issue is not the existing gate, but motorizing the gate. One of the concerns that Mr. Adams had about not motorizing the gate was that Mr. Wang has a dog and if the dog got out because the 3 Design Review Committee May 21, 2003 gate did close behind, there would be a high potential that the dog could harass the neighbors walking their dogs and his own dogs. In addition, the traffic on Upland Way is not a slow as it should be and the dog could be in danger of being hit by a car. Mr. Adams also stated that there are a lot of deer in the area and if the gate is left open they can get onto the property. He is also very impressed with Mr. Wang and the effort he has made to be a good neighbor, especially during construction and all the expenses involved in doing the right thing for the community. Mr. Wong asked if Mr. Adams gate was iron rod and if it was motorized. Mr. Adams answered yes to both questions and stated that it was built prior to 1999 and that he lives in the unincorporated area. George Royer, 11800 Upland Way, stated that he lives across the street and up the hill from Mr. Wang and couldn't see Mr. Wang's property from his home because of all the woods and trees. Mr. Royer explained that Mr. Wang's backyard is totally secluded and if someone were on his property, no one could see. Mr. Royer stated that not only is the gate for security against humans, but deer as well. He presented two pictures that he took on his property that very afternoon showing where his ivy had eaten to deer level. Mr. Royer also stated that the electronic gate would be helpful during a rainstorm. Mr. Wong stated that he saw barbed wire on the south side of the fence and wondered if this was temporary. Mr. Wang explained that that was there before he bought the property and would have no problem removing the barbed wire. Mr. Wong explained that he agrees with several of the findings in the resolution and also believes that that the electronic gate is a safety issue. Mr. Saadati agrees and would like to have a condition stating that shrubbery be planted to hide the electronic portion. Mr. Jung suggested a condition stating that the plans be shown to the fire department to make sure there is emergency access to the property. MOTION: SECOND: ABSENT: ABSTAIN: VOTE: Commissioner Wong moved to approve EXC-2003-02 with the addition of additional shrubs to be planted to screen the electronic equipment at staff's discretion and fire department approval for emergency access to the property. Chairperson Saadati. None None 2-0 Respectfully submitted: Kiersa Witt Administrative Clerk g:planning/DRC Committee~Minutes052103