DRC Reso 158EXC-2004-07
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 158
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
FOR A FENCE EXCEPTION TO ALLOW A SEVEN -FOOT FENCE IN
THE FRONT YARD SETBACK AREA.
SECTION I: PROTECT DESCRIPTION
Application No.: EXC-2004-07
Applicant: Ravin Checker
Location: 10376 Amistad Court
SECTION II: FINDINGS
WHEREAS, the Design Review Committee of the City of Cupertino received an
application for a Sign Exception, as described in this Resolution; and
WHEREAS, the Design Review Committee finds that the changes are beneficial and
compatible with the surrounding area;
1. That the literal enforcement of the provisions of this title will result in restrictions
inconsistent with the spirit and intent of this title in that the proposed fence is
consistent with surround fencing patterns and meets the intent of the ordinances
since Voss Avenue frontage is really being used as a side. yard;
2. That granting of the exception will not result in a condition which is materially
detrimental to the public health, safety or welfare since it is consistent with the
existing neighborhood pattern; and
3. 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 in that the proposed fence will be setback from the property line at least
10 feet and will stay clear of the required 40 foot traffic view triangle; and
4. That the proposed exception will not result in a hazardous condition for
pedestrian and vehicular traffic in that the fence will be setback from the
property line at least 10 feet and will stay clear of the required 40 foot traffic view
triangle; and
Resolution No. 158 EXC-2004-07 June 2, 2004
Page 2
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 in that it is
consistent with the existing neighborhood patterns and the Amistad Ct. frontage
is being used as the front yard area; and
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 in that the proposed fence does not
require fire and police review and no security gates are being proposed.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application no. EXC-2004-07, is here by approved; and
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-2004-07 as set forth in the Minutes of the Design Review Committee Meeting of
June 2, 2004, and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set as part of the staff report to the Design Review
Committee dated June 2, 2004, except as may be amended by conditions in this
resolution.
2. FENCING IN THE STREET SIDE YARD AREA
No fencing higher than three feet tall shall be allowed in the street side yard area
(first 20 feet set back from the property line along Amistad Ct.) since it is being used
as a front yard.
3. BUILDING PERMITS
The applicant shall obtain all the necessary building permits to construct a fence
higher than six feet in height.
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 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),
Resolution No. 158 EXC-2004-07 June 2, 2004
Page 3
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.
PASSED AND ADOPTED this 2nd day of April 2004, at a Regular Meeting of the
Design Review Committee of the City of Cupertino, State of California, by the following
roll call vote:
AYES: COMMISSIONERS: Commissioner Chen and Acting Chair Miller
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST:
Ciddy Worde
City Planner
G:\Planning\DRC\res\EXC-2004-07 res.doc
APPROVED:
Mar it er, Acting Chair
Design Review Committee