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DRC Reso 328EXC-2016-02 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 328 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF C P ER' INO APPROVING A FENCE EXCEP'T'ION TO ALLOW THE CONSTRUCTION OF A FENCE IN THE FRONT SETBACK AREA OF A SINGLE-FAMILY RESIDENCE SECTION I: PROTECT DESCRIPTION Application No.: ]EXEC -2016-02 Applicant: Sabrina and Gino Ruiz Location: 10240 Sterni Avenue, APN: 375-12-042 SECTION II: ]FINDINGS WHEREAS, the Design. Review Committee ®f the City ®f Cupertino received an application- f®r an Exception from the Residential Single Family Zoning g regulations as described in Sections I. of this Resolution; and WHEREAS, the Project is Categorically ]Exempt from the requirements of the California Environmental Quality Act pursuant to Section 15303, Class 3 (New construction or conversions of small structures); and WHEREAS, the necessary notices have been gives in accordance with the Procedural Ordinance of the City of Cupertino, and the Design. Review Committee has field at least one Public Meeting on this natter; and WHEREAS, gine applicant has met the burdens of proof required to support said application; and WHEREAS, the Designs Review Committee finds the following with regard to the exceptions for this application: 1. The literal enforcement ®f the provisions ®f this chapter will result in restriction inconsistent with the spirit and intent ®f this chapter. Resolution No. 328 EXC-2016-02 June 2, 2016 Page - 2 - The proposed fence location has been designed to meet the intent of the chapter by providing a fence height that is allowed (six feet), and the location is least intrusive to the adjacent property owners. 2. The granting of the exception will not result in a condition which is materially detrimental to the public health, safety or welfare. The fence location will not be detrimental to public health, safety or welfare because the fence location is generally consistent with the City's fence ordinance, and the fence will provide privacy for property owners. 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 fence height and material is consistent with the ordinance. Placement of the fence location is consistent with that of a key lot, and the placement of the fence would be consistent with the requirements of street side fence location. 4. The proposed exception will not result in a hazardous condition for pedestrian and vehicular traffic. The proposed fence is five (5) feet from the property line which provides adequate pedestrian accessibility. Additionally, Public Works has reviewed the site plan, and has determined that the proposed fence location will not be detrimental to 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 fence is otherwise consistent with the City's General Plan since fences are permitted throughout the single-family home area. 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. There are no issues with the fence. Santa Clara Fire Department and the Sheriff's Department are normally concerned when security gates are proposed. The projects proposes no security gates. Resolution No. 328 EXC-2016-02 June 2, 2016 Page -3- 7. The fence heightfor the proposed residential fence is needed t® ensure adequate screening. andl®r privacy. The six-foot fence height is consistent with the allowable fence height which is to ail in providing privacy. 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: 1. The application for an Exception to the Residential Single ]Family zoning regulations, Application no. EXC-2016-02 is hereby APPROVED, ED, and That the sub -conclusions upon which the findings and conditions specified in this Resolutions are based and contained in. the ]public Meeting record. concerning Application n o.(s) EXC-20 .6-02 as set forth in the Minutes of Design ][review Committee Meeting of June 2, 2016 and are incorporated by reference as though Billy set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT . 1. APPROVED EXHIBITS The approval is based on the plan set titled "]proposed Neighboring ]Fence Adjustment" consisting of one sheet received by the City on May 17, 2016, except as may be amended by the Conditions contained in this ][resolution. 2. NOTICE OF FEES, DEDICATIONS, IONS, R ES ERVATIONS 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(4) (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 the legally barred from later challenging such exactions. Resolution No. 328 EXC-2016-02 June 2, 2016 Page -4- 3. 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. PASSED AND ADOPTED this 2nd day of June 2016, at a regular meeting of the Design Review Committee of the City of Cupertino by the following roll call vote: AYES: MEMBERS: Chair Gong, Paulsen NOES: MEMBERS: none ABSTAIN: MEMBERS: none ABSENT: MEMBERS: none ATTEST: Erick Serrano Associate Planner APPROVED: Margaret Gong, it Design Review mittee