DRC Reso 163EXC-2004-09
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 163
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A
FENCE EXCEPTION TO LOCATE A FENCE 3 FEET FROM THE STREET- SIDE PROPERTY
LINE INSTEAD OF THE REQUIRED 5 FEET, IN ACCORDANCE WITH CHAPTER 16.28 OF
THE CUPERTINO MUNICIPAL CODE AT 10080 PENINSULA AVENUE
SECTION I: FINDINGS
WHEREAS, the Design Review Committee of the City of Cupertino has received an
application for a fence exception, as described in Section II. of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Design Review Committee has held one or more
public hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support the application, and
has satisfied the following requirements:
1. The literal enforcement of the provisions of this chapter will result in restrictions
inconsistent with the spirit and intent of this chapter, in that the applicants would have
a marginal fenced sideyard for privacy.
20 The granting of the exception will not result in a condition which is materially
detrimental to the public health, safety or welfare, in that the fence location does not
obstruct the corner sight triangle.
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 exception as modified will accomplish the goal of providing a reasonable
sized fenced sideyard, while requiring the least variance from the prescribed
regulations.
4. The proposed exception will not result in a hazardous condition for pedestrian and
vehicular traffic. The fence exception as modified will maintain sight lines for
pedestrians and 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. The fence exception
as modified recognizes the unique development patterns of the Monta Vista
neighborhood and provides flexibility where needed.
Resolution No. 163 EXC-2004-09 July 21, 2004
Page -2-
NOW, THEREFORE BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits and other evidence submitted in this
matter, the application for exception as modified is hereby approved; and
BE IT FURTHER RESOLVED:
That the subconclusions upon which the findings and conditions specified in this resolution
are based and contained in the public record concerning Application No.EXC-2004-09, as set
forth in the minutes of the Design Review Committee meeting of July 21, 2004, and are
incorporated by reference as though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No(s): EXC-2004-09
Applicant: Thirumalpathy and Sangeeta Balakrishnan
Property Owner: Thirumalpathy and Sangeeta Balakrishnan
Project Location: 10030 Peninsula Avenue
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibit C, titled: " Fence Exception Request
for 10030 Peninsula Avenue and dated 6/24/04, except as may be amended by conditions
contained herein.
2. 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 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.
3. GRAND AVENUE FENCE SETBACK FROM PROPERTY LINE
A three (3) foot setback of the fence from the street -side (Grand Avenue) property line is
hereby granted.
4. LANDSCAPING
The applicant shall landscape the strip of land between the sidewalk and fence on the
Grand Avenue side of the property with shrubs.
Resolution No. 163 EXC-2004-09 July 21, 2004
Page -3-
PASSED AND ADOPTED this 21st day of July, 2004, at a Regular Meeting of the Design
Review Committee of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Commissioner Chen and Chairperson Wong
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Commissioner Miller
ATTEST.
Ciddy Wordell
City Planner
G:\P1anning\DRC\res\EXC-2004-09 res.DOC
APPROVED
Gil ert Wong, Chairper
Design Review Commi ee