Reso 6873EXC-2018-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6873
OF THE PLANNING COMMISION OF THE CITY OF CUPERTINO APPROVING
A FENCE EXCEPTION TO ALLOW AN ELECTRONIC VEHICLE GATE TO ALLOW
THE DEMOLITION OF AN EXISTING PUBLIC STORAGE FACILITY AND THE
CONSTRUCTION OF A NEW PUBLIC STORAGE FACILITY CONSISTING OF
TWO (2) FOUR (4) -STORY BUILDSIN WITH BASEMENTS
AT 20565 VALLEY GREEN DRIVE
SECTION I: PROTECT DESCRIPTION
Application No.: EXC-2018-01
Applicant: Andres Friedman
Property Owner: Storage Equities, Inc.
Location: 20565 Valley Green Drive (APN: 326-10-044)
SECTION II: FINDINGS FOR FENCE EXCEPTION:
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Development Permit as described in Section I. of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held at least one
public hearing in regard to the application;` and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act of
1970 (Public Resources Code section 21000 et seq.) ("CEQA"), together with the State
CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et
(hereinafter, "CEQA Guidelines"), the City staff has independently studied the proposed
Project and has determined that the Project is exempt from environmental review
pursuant to the categorical exemption in CEQA Guidelines section 15332, and the
exemption in CEQA Guidelines section 15183, for the reasons set forth in the staff report
dated May 28, 2019 and incorporated herein; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and
WHEREAS, the Planning Commission finds as follows with regard to this application:
Resolution No. 6873 EXC-2018-01 May 28, 2019
1. The literal enforcement of the provisions of this chapter will result in restriction
inconsistent with the spirit and intent of this chapter.
Driveways gates are consistent with the intent of the chapter because the proposed
driveway gates are in a secluded area and setback more than 180 feet from the property
line.
2. The granting of the exception will not result in a condition which is materially
detrimental to the public health, safety or welfare.
The proposed driveway gates are located 180 feet away from the property line and adjacent
to one (1) of the proposed buildings. A condition of approval has been added from the Santa
Clara County Fire Department to ensure access in the event of an emergency.
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 exception is consistent with the fence ordinance, as the driveway gate is located 180
feet from the front property line and more than 500 feet from the nearest public right of
way, in a secluded area of the project site. The security gate is not visible from the public
right of way.
4. The proposed exception will not result in a hazardous condition for pedestrian
and vehicular traffic.
There are no publicly accessible sidewalks to the project site, so there is no hazardous
condition for pedestrians. The entry gate is controlled, but has been designed to allow for
vehicles to que in the event of multiple vehicles seeking entrance at the same time. The
project does not anticipate much traffic; however, the placement of the entry gate has been
designed to allow for vehicles to que in the event of multiple vehicles seeking entrance to
the site at the same time. The proposed vehicular driveway gate has been reviewed by the
Department of Public Works and the Fire Department, and has been determined to not
result in a hazardous condition.
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 driveway gate is otherwise consistent with the City's General Plan since the
fence is not for a residential building and consistent with the requirements of Section
19.48.010.
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.
A condition of approval has been added to ensure standardized access.
Resolution No. 6873 EXC-2018-01 May 28, 2019
7. The fence height for the proposed residential fence is needed to ensure adequate
screening and/or privacy.
The proposed fence is not a residential fence and therefore this finding does not apply.
WHEREAS, on May 28, 2019, the Planning Commission held a duly noticed public
hearing to receive public testimony on the Project, including the categorical exemption in
CEQA Guidelines section 15332 and the exemption in CEQA Guidelines section 15183
and reviewed and considered the information contained in the staff report pertaining to
the Project, all other pertinent documents, and all written and oral statements received
by the Planning Commission at or prior to the public hearing; and
NOW, THEREFORE, BE IT RESOLVED that after careful consideration of the CEQA
exemption memorandum, maps, facts, exhibits, testimony and other evidence submitted
in this matter, subject to the conditions which are enumerated in this resolution beginning
on PAGE 3 thereof,
1. The Planning Commission exercises its ,independent judgment and determines that
the Project is exempt from CEQA pursuant to CEQA Guidelines section 15332 and the
exemption in CEQA Guidelines section 15183. The exemption in CEQA Guidelines
section 15332 applies to an infill development project which 1) is consistent with the
applicable General Plan designation and all applicable General Plan policies, as well
as the applicable Zoning designations and regulations; 2) occurs within the City limits
on a site of less than 5 acres in size that is substantially surrounded by urban uses; 3)
is located on a site that has no value for endangered, rare or threatened species; 4)
would not result in any significant effects related to traffic, noise, air. quality or water
quality; and 5) can be adequately served by all required utilities and. public services.
The exemption in CEQA Guidelines section 15183 applies to a project that is consistent
with General Plan designations and zoning for the site described in the General Plan,
the potential impacts of which would be substantially mitigated by the imposition of
uniformly applied standard conditions of approval. The General Plan Amendment,
Housing Element Update, and Associated Rezoning Final Environmental Impact
Report (SCH No. 2014032007), certified by the City Council on December 4, 2014, was
prepared consistent with the requirements for applicability of streamlining under
CEQA Guidelines Section 15183(d)(2), and there are no environmental effects that are
peculiar to the proposed project or project site that were not analyzed in the General
Plan EIR;
2. The application for a Fence Exception, Application no. EXC-2018-01 is hereby
recommended to be approved; and
Resolution No. 6873 EXC-2018-01 May 28, 2019
The subconclusions upon which the findings and conditions specified in this Resolution
are based are contained in the Public Hearing record concerning Application no.(s) EXC-
2018-01 as set forth in the Minutes of the Planning Commission Meeting of May 28, 2019,
and are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval recommendation is based on the plan set dated February 4, 2019 consisting
of 26 sheets labeled as, "A Redevelopment for Public Storage" labeled as Sheet 1-26,
prepared by KSP Studio and BKF,; except as may be amended by conditions in this
resolution.
2. ACCURACY OF PROTECT PLANS
The applicant/property owner is responsible to verify all pertinent property data
including but not limited to property boundary locations, building setbacks, property
size, building square footage, any relevant easements and/or construction records.
Any misrepresentation of any property data may invalidate this approval and may
require additional review.
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. DP -2018-03, ASA -2018-04, and TR -
2019 -11 are concurrently enacted, and shall be applicable to this approval.
4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the
first page of the building plans.
5. SECURITY GATE LOCATION
The final location of the security gate shall closely resemble the location on the
approved plans. The final placement of the gate shall be reviewed and approved by
the Director of Community Development prior to issuance of building permits to
consistency. Any changes determined to be substantial by the Director of Community
Development shall either require a modification to this permit or a new permit based
on the extent of the change.
6. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with
regard to the proposed project for additional conditions and requirements. Any
misrepresentation of any submitted data may invalidate an approval by the
Community Development Department.
Resolution No. 6873 EXC-2018-01
May 28, 2019
7. INDEMNIFICATION
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 litigation. 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 litigation reasonably incurred by City.
8. 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.
SECTION IST: CONDITIONS ADMINSTERED BY THE SANTA CLARA COUNTY FIRE
DEPARTMENT
1. GATE LOCKS
Locks, if provided, shall be Fire Department approved prior to installation. Gates
across the emergency access roadways shall be equipped with an approved access
device. If the gates are operated electrically, an approved Knox key switch shall be
installed; if they are operated manually, then an approved Knox padlock shall be
installed. Gates providing access from a road to a driveway or other roadway shall be
at least 30 feet from the road being exited. CFC Sec. 503.6 and 506.30 feet is minimum
requirement.
Resolution No. 6873 EXC-2018-01 May 28, 2019
PASSED AND ADOPTED this 28th day of May 2019, at the Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Vice Chair Saxena, Moore, Fung, Takahashi
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Chair Wang
ATTEST:
Benjamin Fu
Acting Dir. of Community Development
APPROVED:
Vikram Saxena
Vice Chair, Planning Commission