DRC 04-05-07
Design Review Committee
April 5, 2007
Cupertino, CA 95014
(408) 777-3308
APPROVED MINUTES OF THE REGULAR MEETING OF THE DESIGN REVIEW
COMMITTEE HELD ON AprilS, 2007
ROLL CALL
Committee Members present:
Cary Chien, Chairperson
Gilbert Wong, Commissioner
Committee Members absent
None
Staff present:
Piu Ghosh
Staff absent:
None
APPROVAL OF MINUTES:
None
WRITTEN COMMUNICATIONS:
Correspondence from Terry Brown dated April 5,2007
Correspondence from Mr. Gandhi dated April 2, 2007 in support of the application
POSTPONEMENTSjREMOV AL FROM CALENDAR:
None
ORAL COMMUNICATION:
None
CONSENT CALENDAR:
None
PUBLIC HEARING:
1.
Application No.(s):
Applicant:
Location:
EXC-2007-04
Amar Gupta
22975 Balboa Road
Fence Exception to construct a driveway gate at an existing single family residence
Design Review Committee decision final unless appealed.
Staff member Ghosh explained that the application is for a 6'6" electronic gate to be installed at
the front of the property across the entrance to the driveway of an approved single-family
residence. The house is currently under construction. The exception application is necessary per
the Fence Ordinance for an electronic gate. They are in a secluded area, but have no
documentation to support a recent incident of theft and vandalism at the constructions site.
With no documentation, they are unable to prove there is a safety need for such a fence.
Additionally, there is a potential for all of the future developments along Balboa Road to have
electronic gates installed creating a "gated enclave". The General Plan calls for neighborhoods
2 Design Review Committee
April 5, 2007
to promote a "neighborly" feeling. This goal would not be possible if all the homes had
electronic gates. Staff is requesting denial of the application; however, if the Committee
approves the application, staff would like to include a condition of approval that will address
the concerns/comments of the Fire Department. Commissioner Wong asked to see a site map
for better clarification of the placement of the proposed gate. He had been to the site and agrees
that the house is in a secluded area and that there is a potential for people to enter the back yard
via the Stevens Creek Canyon Trail. He asked for clarification of the Fire Districts concern. Staff
member Ghosh explained that the Fire District is concerned about the space necessary to enter
and exit the driveway through the narrow gate supports. The development plans have been
revised since the Fire District reviewed them and those concerns have been addressed. The
current drawings show a wider opening, negating the need for another review by the Fire
District. Chairperson Chien asked for fence height clarification; proposed versus the fence
ordinance. The applicant, Mr. Gupta, spoke about the secluded nature of his property. He
travels and his wife would be there alone. They have had vandalism at the construction site
already and at night it is very dark. He stated that the existing gate at the bottom of the hill is
not in operation and, therefore, provides no measure of security. The applicant submitted a
printout from amlegal.com of what he asserts is a printout of the City's Fence Ordinance. A
developer on Balboa Road, Terry Brown, spoke about the unfortunate contentious nature of the
personal interactions there. Because of this, the existing gate will not provide any security for
Mr. Gupta. He also spoke about how the area has long been open space. People resent the
development of this space and can be very confrontational. He feels the gate is very necessary
and should be allowed. A resident, Jennifer Griffin, expressed concern about installing
electronic gates around the City. She feels there are other ways to make the home secure
without installing electronic gates. Commissioner Wong feels that the application meets the
requirements to satisfy the need for an electronic gate. Chairperson Chien concurred with
Commissioner Wong. The house is very secluded. There is an established history of robbery
and vandalism in the area. He supports the application. Commissioner moved to approve the
application.
MOTION: Commissioner Wong moved to approve EXC-2007-04
SECOND: Chairperson Chien
ABSENT: none
ABSTAIN: none
VOTE: 2-0
OLD BUSINESS:
None
NEW BUSINESS:
None
Respectfully submitted:
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Beth Ebben
Administrative Clerk
g:planning/DRC CommitteejMinutes040507