CC Resolution No. 16-095 Approving Fence Exception (EXC-2016-05)EXC-2016-05
RESOLUTION NO. 16-095
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A FENCE EXCEPTION TO ALLOW ELECTRONIC VEHICLE GATES
WITHIN THE CONSTRUCTION OF A 122-ROOM HOTEL, TWO MIXED-USE BUILDINGS
WITH 188 APARTMENT UNITS AND APPROXIMATELY 22,600 SQUARE FEET OF
COMMERICAL SPACE AND ASSOCIATED SITE AND OFF-SITE IMRPOVEMENTS IN A
PLANED DEVELOPMENT ZONE AT 10122 BANDLEY DRIVE AND 10145 NORTH DE
ANZA BOULEVARD
SECTION I: PROJECT DESCRIPTION
Application No.:
Applicant:
Property Owner:
Location:
EXC-2016-05
Amy Chan, De Anza Venture, LLC
Marina Plaza, LLC (APN 326-34-066), and Cupertino 10145, LLC (APN
326-32-043)
10122 Bandley Drive (APN 326-34-066) and 10145 North De Anza
Boulevard
(APN 326-32 -043)
SECTION II: FINDINGS FOR FENCE EXCEPTION:
WHEREAS, the City Council of the City of Cupertino received an application for a Fence
Exception Permit as described in Section I. of this Resolution; and
WHEREAS, the Environmental Review Committee has reviewed an Initial Study and Mitigated
Negative Declaration and recommended approval; and
WHEREAS, the Planning Commission held a public hearing on July 26, 2016 and recommended
that the City Council approve the application, subject to conditions, and adopt the Mitigated
Negative Declaration; and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the City Council has held at least one public hearing in
regard to the application; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the City Council finds as follows with regard to this application:
1. The literal enforcement of the provisions of this chapter will result in restriction
inconsistent with the spirit and intent of this chapter.
Resolution No. 16-095 EXC-2016-05
Driveways gates are consistent with the intent of the chapter because the proposed driveway gates
are within a mixed-use development, where the parking for different uses needs to be separated to
assure availabilihJ of parking for each use.
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 underground and not visible from the public. A
condition of approval has been added from the Santa Clara County Fire Department to ensure
access in emergencies.
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 gates separate parking for
different uses to ensure adequate parking for each use .
4. The proposed exception will not result in a hazardous condition for pedestrian and
vehicular traffic.
The proposed parking layout has been reviewed by the Department of Public Works, and has been
determined to not result in a hazardous condition for pedestrian or 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 19.48 .010
The proposed driveway gate is otherwise consistent with the City's General Plan since the fence
facilitates the development of a mixed-use urban village .
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.
7. The fence height for the proposed residential fence is needed to ensure adequate
screening and/or privacy.
The proposed exception is not for fence height.
NOW, THEREFORE, BE IT RESOLVED :
That after careful consideration of the 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:
Resolution No. 16-095 EXC-2016-05
The application for a Fence Exception PermiC Application no. EXC-2016-05 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 no . EXC-2016-05 as
set forth in the Minutes of the City Council Meeting of September 6, 2016, 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 received on June 2, 2016 consisting 134
sheets labeled as "Marina Plaza the urban village" consisting of 134 sheets labeled as T.1 to
T.9, Cl.Oto C5.2, R-1 to R-2~ JT-1 to JT-3, A.Oto A.65, PM-1 to PM-3, SL-1 to SL-3, E-1 to E-2,
and L0.02 to L5.02, drawn by Dahlin Group, VER Consultants, RGA, Bruce Jett Associates,
Coffman Engineers. Inc, Emerald City Engineer, Inc. Beyond Efficiency Inc, and RGD
Acoustic, Inc., except as may be amended by conditions in this resolution.
2. ACCURACY OF PROJECT 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-2015-05, TR-2016-14, U-2015-06, DA-
2016-01, ASA-2015-22~ and EXC-2016-03 shall 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. 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.
6. 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
Resolution No . 16-095 EXC-2016-05
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.
7. 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 IV: CONDITIONS ADMINSTERED BY THE SANTA CLARA COUNTY FIRE
DEPARTMENT
1. EMERGENCY GATE/ACCESS GATE REQUIREMENTS:
Gate installations shall confirm with the Fire Department Standard Details and Specification
G-1 and, when open shall not obstruct any portion of the required width for emergency
access roadways or driveways. Locks, if provided, shall be fire department approved prior
to installation. Gates across the emergency access roadways shall be equipped with an
approved access devices. 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 and 506'
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Cupertino the
6th day of September 2016, by following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Chang, Vaidhyanathan, Paul, Sinks, Wong
None
None
None
APPROVED;
e/yyu ~~
Grace Schmidt, City Clerk