DRC Reso 258 EXC-2007-10
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 258
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
APPROVING A FENCE EXCEPTION TO CONSTRUCT A FENCE IN THE FRONT
SETBACK AREA OF A SINGLE-FAMILY RESIDENCE
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SECTION I: PROTECT DESCRIPTION
Application No.: EXC-2007-10
Applicant: Sasha Cukic
Location: 21796 Stevens Creek Blvd
SECTION II: FINDINGS
WHEREAS, the Design Review Committee of the City of Cupertino received an
application for an exception to the Fence Ordinance, as described in this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support said
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.
2. The granting of the exception will not result in a condition which is materially
detrimental to the public health, safety or welfare.
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.
4. The proposed exception will not result in a hazardous condition for pedestrian
and 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 16.28.010.
6. The proposed development meets the requirements of the Santa Clara County
Fire Department and Sheriff's Department.
7. The fence height for the proposed residential fence is needed to ensure adequate
screening and/or privacy.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the exception to the fence ordinance is hereby recommended
for approval.
Resolution No. 257 EXC-2007-10 July 5, 2007
Page2
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-2007-10, as set forth in the Minutes of the Design Review Committee
Meeting of July 5, 2007, and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based upon the site plan and landscaping plan submitted, except
as may be amended by conditions contained in this resolution.
2. LANDSCAPING
The landscaping plan shall include climbing vines on the fence, and shall
include a drip irrigation system. Landscaping shall be maintained at a height
no greater than three feet to provide for adequate sight vision for pedestrians
and automobiles.
PASSED AND ADOPTED this 5� day of July 2007, at a Regular Meeting of the Design
Review Committee of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chairperson Chien, Wong
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
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Ciddy Wordell Cary hien, Chairperso
City Planner Design Review Committee
g:/planning/pdreport/res/EXC-2007-10 res.doc