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EXC-2016-02b OFFICE OF CO�fIii�U�l1'Y DEVELOP�iiE6�T ��' ' CITY HALL 10300 TORRE AVENUE�CUPERTINO,CA 95014-3255 ��������� (408)777-3308�FAX(408)777-3333�planninqC�cupertino.orq June 6, 2016 Sabrina or Gino lZuiz 10240 Stern Ave Cupertino, Ca. 95014 � SUBJECT:DESIGN REVIEW COMMIT'TEE ACTION LETTER—Application EXG2016-02 ' etter confirms the decision of the besign Review Convnittee, given at the meeting of June 2, 2016e This 1 g approving a Fence Exception to allow the construction of a fence in n Nor 328setback area of a family residence,located at 10240 Stern Avenue, according to Resoluh Please be aware that if this permit is not used within one year,it shall expire on June 2, 2017. Also, p lease note that an appeal of this decision can be made within 14 calendar days from �e ore the this decision. If this happens,you will be notified of a public hearing,which will be scheduled be City Council. Sincerely, Er• Serrano Associate Planner City of Cupertino Enclosures: Resolution No.328 EXG2016-02 CITY OF CLTPERTIIVO 10300 Torre Avenue Cupertino, California 95014 IZESOLUTIOlV 1V0. 328 OF TI�E DESIGIV REVIEW COMIVIITTEE O�' THE CITY OF CUPERTIlVO APPIZOVIl�TG A FENCE EXCEPTIOIV TO ALLO�hT THE CONSTIZUCTIOlV OF A FElVCE IN T�IE FROlVT SETBACK AREA OF A SIlVGLE-FAMILY RESIDElVCE SECTION I• PROTECT DESCIZIPTIOlV Application IVo.: EXC-2016-02 Applicant: Sabrina and Gino Ruiz Location: 10240 Stern Avenue, AP1V: 375-12-042 SECTIOlV II: FINI�INGS WHEREAS, the Design Review Committee of the City of Cupertino received an application for an Exception from the Residential Single Family Zoning regulations as described in Section I. of this Resolution; and WHEIZEAS, the Project is Categorically Exempt from the requirements of the California Environmental C�uality Act pursuant to Section 15303, Class 3 (1Vew construction or conversion of small structures); and WHEREAS, the necessary notices have been given in accordance with the Procedural Qrdinance of the City of Cupertino, and the Design Review Committee has held at least one Public Meeting on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Design Review Committee finds the following with regard to the' exception for this application: 1. The literal enforcement of the provisions of this chapter will result in restriction inconsistent with the spirit and intent of this chapter. � Resolution No.328 EXG2016-02 June 2,2016 Page-2- The proposed fence location has been desigried to meet the intent of the chapter by providing a fence height that is allowed (six feet), and the location is least intrusive to the adjacent property owners. 2. The granting of the exception will not result in a condition which is materially detrimental to the public health, safety or welfare. The fence location will not be detrimental to public health, safety or welfare because the fence location is generally consistent with the City's fence ordinance, and the fence will provide privacy for property owners. 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. The fence height and material is consistent with the ordinance. Placement of the fence location is consistent with that of a key lot, ancl the placement of the fence would be consistent with the requirements�of street side fence location. 4. The proposed exception will not result in a hazardous condition for pedestrian and vehicular traffic. The proposed fence is five (5) feet from the property line which provides adequate pedestrian accessibility. Additionally, Public j/Vorks has reviewed the site plan, and has determined that the proposed fence location will not be detrimental to 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 19.48.010 The proposed fence is otherwise consistent with the City's General Plan since fences are permitted throughout the single-family home area. 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. There are no issues with the fence. Santa Clara Fire Department and the Sheriff's Department are normally concerned when security gates are proposed. The projects proposes no security gates. Resolution No.328 EXG2016-02 June 2,2016 Page-3- 7. The fence height for the proposed residential fence is needed to ensure adequate screening andlor privacy. The six-foot fence height is consistent with the allowable fence height which is to aid in providing privacy. IVOW, THERE�ORE,BE IT RESOLVED: That after careful consideration of the maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this I�esolution beginning on PAGE 3 thereof: 1. The application for an Exception to the 1Zesidential Single Family zoning regulations, Application no. EXC-2016-02 is hereby APPRO�TED, and That the sub-conclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Meeting record concerning Application no.(s) EXG2016-02 as set forth in the Minutes of Design Review Committee Meeting of June 2, 2016 and are incorporated by reference as though fully set forth herein. SECTIOlV III: COI�TI�ITIOlVS ADIVIIIVISTERED BY THE COMMUlVITY DEVELOPMElVT DEPT. 1. 1�PPR0�IED EXHIBITS The approval is based on the plan set titled "Proposed 1Veighboring Fence Adjustment" consisting of one sheet received by the City on 1VIay 17, 2016, except as may be amended by the Conditions contained in this Resolution. 2. l�TOTICE OF FEES DEDICATIONS RESERVATIOlVS OR OTHEI�EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, � dedication requirements, reservation requirements, and other exactions. Pursuane of Government Code Section 66020(d) (1), these Conditions constitute wrrtten nofic a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further 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 this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. Resolution No.328 EXG2016-02 June 2,2016 Page-4- 3. IIVDEMNIFICATIOl�T Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless the City, its City Council, and its officers, employees and agents (collectively, the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant to attack, set aside, or void this Resolution or any permit or approval authorized hereby for the project, including (without limitation) reimbursing the City its actual attorneys fees and costs incurred in defense of the 1'itigation. The applicant,_,shall pay such attorneys' fees and costs within 30 days following receipt of invoices from City. Such attorneys' fees and costs shall include amounts paid to counsel not otherwise employed as City staff and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigat�on reasonably incurred by City. � - I'ASSEI� AIVD AI�OPTED this 2nd day of June 2016, at a regular meeting of the I�esign , Review Committee of the City of Cupertino by fhe following roll call vote. AYES: MElVIBERS: Chair Gong, Paulsen 1VOES: MEMBERS: none ABSTAIlV: 1VIEMBERS: none A�SEIVT: 1VIENlBERS: none ATTEST: API'RO�TED: , /s/Erick Serrano /s/1Vla�aret Gong Erick Serrano Margaret Gong, Chair Associate Planner Design Review Committee PRC9POSED NEICiFf��R96�1� �E�ICE ADJ4JS1'I�ENT' tQ240 s't�R�]AVE. CUP1ERTittiilfJ,CA 95Q1� . . � � SEf BACK FROM TOP OF ROPERN LINE swntF ��— 5,�„ ia'A" -------------------------- �� i——�__.�——"'_— �Tf� — 33�_8.. 12,_��, / ' t i/ r r -r ( f� � s�P GARAGE I � . . ( . 5'-0" . � ( 34'-1" J ' . 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