DRC Reso 109EXC-2003-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 109
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
APPROVING A FENCE EXCEPTION TO ADD AN ELECTRONIC CONTROLLER TO .
AN EXISTING SECURITY GATE, IN ACCORDANCE WITH CHAPTER 16.28
OF THE CUPERTINO MUNICIPAL CODE FOR PROPERTY LOCATED AT 11631
UPLAND WAY
SECTION I: PROJECT DESCRIPTION
Application No.: EXC-2003-02
Applicant: Roger and Annie Wang
Location: 11631 Upland Way
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 condition and met the following findings:
a) That the gates are needed for a demonstrated security reason. Vandalism occurred on the
construction site and because of the remoteness of the structures and density of vegetation is
likely to happen again without security measures;
b) The literal enforcement of the provisions of this chapter will result in restrictions inconsistent
with the spirit and intent of this chapter
c) The granting of the exception will not result in a condition which is materially detrimental to
the public health, safety or welfare. The gate will be set back at least 20 feet from the
property line.
d) The exception to be granted is one that will require the least modfication of the prescribed
regulation and the minimum variance that will accomplish the purpose.
e) The proposed exception will not result in a hazardous condition for pedestrian and vehicular
traffic. The gate will be set back at least 20 feet from the property line.
f) 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.
Resolution No. 109 EXC-2003-02 May 21, 2003
Page 2
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 approved.
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-2003-02, as set
forth in the Minutes of the Design Review Committee Meeting of May 21, 2003, and are
incorporated by reference -herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
The approval is based on Detail "A" by RCW dated 4/15/03, and a sheet titled: "Master Plan
& Layout — Wang Residence, 11631 Upland Way, Cupertino, Calif.", dated 5/3/02 and
labeled L-1, except as may be amended by the Conditions contained in this Resolution.
2. LANDSCAPE SCREENING
The controller motors shall be screened with.shrubs from public views from the street.
3. EMERGENCY ACCESS
The gate controllers shall be reviewed by the Fire Department of Santa Clara County at the
building permit stage to ensure there is adequate emergency access to the property.
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.
Resolution No. 109 EXC-2003-02 May 21, 2003
Page 3
PASSED AND ADOPTED this 21st day of May, 2003, at a Regular Meeting of the Design
Review Committee of the City of Cupertino by the following roll call vote:
AYES:
COMMISSIONERS: Commissioner Wong and Chairperson Saadati
NOES:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ATTEST:
/s/ Ciddy Wordell
Ciddy Wordell
City Planner
g:/planning/dre/res/EXC-2003-02. doe
/s/ Taghi Saadati
Taghi Saadati, Chair
Design Review Committee