DRC Reso 082EXC-2002-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 82
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING
A FENCE EXCEPTION TO ALLOW A 10 -FOOT TALL TENNIS COURT FENCE TO BE
LOCATED ON THE PROPERTY AND PARTIALLY WITHIN THE FRONT YARD
SETBACK IN ACCORDANCE WITH CHAPTER 16.28 OF THE CUPERTINO
MUNICIPAL CODE.
SECTION II: PROTECT DESCRIPTION
Application No.: EXC-2002-03
Applicant/ Owner: Roger Wang
Location: 11631 Upland Way
SECTION II: FINDINGS
WHEREAS, the Design Review Committee of the City of Cupertino received an
application for a Fence Exception, as described in this Resolution; and
WHEREAS, the Design Review Committee finds that the changes are beneficial and
compatible with the surrounding area and the following fence exception findings can be
met;
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 tennis court is a
reasonable use of the property that is restricted by seismic safety concerns and
that tennis courts by their nature require taller fencing, and
2. That the granting of the exception will not result in a condition which is
materially detrimental to the public health, safety, or welfare in that traffic sight
lines needed for safety will be maintained and the fencing represents a minimal
solution that maintains the aesthetics of the area with its transparency, green
color and landscaping; 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 only a third of the tennis court perimeter has the 10 -foot tall
fencing and a smaller portion encroaches on the front yard setback; and
4. The proposed exception will not result in a hazardous condition for pedestrian
and vehicular traffic. in that the fencing is well away from the road and does not
affect traffic sight lines; and
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 the
Resolution No. 32 EXC-2002-03 June 5, 2002
Page 2
amount of fencing in hillside areas is minimized and transparent and that the
project will mitigate non -point source pollution concerns by conveying storm
flows to a percolation trench.
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-2002-03, is hereby 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-2002-03 as set forth in the Minutes of the Design Review Committee Meeting of
June 5, 2002, and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on a plan set entitled: "Wang Residence, 11631 Uplands Way,
Cupertino, Calif." Consisting of four sheets labeled: L 1, L 2, L 3 and L 4, and dated
5/3/02, except as may be amended by conditions contained in this resolution.
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. ELECTRONIC SECURITY GATE
The electronic security gate across the driveway and shown on the plan set is
deleted and is not part of this fence exception approval.
4. NIGHT LIGHTING
Night lighting on the tennis court that is shown on the plan set is deleted and is not
part of this approval.
Resolution No. 82 EXC-2002-03 June 5, 2002
Page 3
PASSED AND ADOPTED this 5th day of June, 2002, 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 Saadati and Chairperson Auerbach
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST:
Ciddy Wordell
City Planner
g:/pInnniiig/dre/res/EX C-2002-03.doc
Design Review Committee