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CC Resolution No. 19-073 approving the Fence Exception (EXC-2018-01) 20565 Valley Green Dr IZESOLUTION N0. 19-073 A RESOLUTIN OF THE CUPERTINO CITY COUNCIL APPROVING AN ELECTRONIC VEHICLE GATE TO ALLOW THE DEMOLITION OF AN EXISTING PUBLIC STORAGE FACILITY AND THE CONSTRUCTION OF A NEW PUBLIC STORAGE FACILITY CONSISTING OF TWO (2) FOUR (4)-STORY BUILDINGS WITH BASEMENTS AT 20565 VALLEY GREEN DRIVE SECTION I: PROTECT DESCRIPTION Application No.: EXG2018-01 Applicant: Andres Friedman ' Property Owner: Storage Equities, Inc. . Location: 20565 Va11ey Green Drive (APN: 326-10-044) SECTION II: FTNDINGS FOR FENCE EXGEPTION: 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 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 hea�ing in rega�d to the application; and � i WHEREAS, the I'lanning Commission held a public hearing on May 28, 2019 and � �recommended that the Cify Council approve the application, subject to conditions; and WHEREAS, pursuant to the provis'ions of the California Environrnental Quality Act of 1970 (Public Resources Code section 21000 et seq.) ("CEQA"), together with the State CEQA Guidelines (Califorriia Code of Regulations, Title 14, Section 15000 et seq.) (hereinafter, "CEQA GuideXines"), the City staff has independently studied the proposed Project and has determ'ined that the Project is exempt from environmental review pursuant to the categorical exemption in CEQA Guidelines section 15332, and the exemption in.CEQA Guidelines section 15183, for the r�asons set forth in the staff report dated May 28, 2019 and incorporated herein; 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. i � Resolution No. 19-073 � � Page 2 i Driveways gates are consistent with the intent of the chapter because the proposed I driveway gates are in a secluded area and setback more than 180 feet from the property '�, line. ' i 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 180 feet away from the property line and adjacent I to one (1) of the proposed buildings.A condition of approval has been added from the Santa ' Clara County Fire DepaYtmenf to ensuYe access in the event of an emergency. 3e The exception to be granted is one that will require the least modification of the prescribed regulation and the minirnurn yariance that will accomplish the purpose, The exception is consistent with �he fence ordinance, as the driveway gate is located 180 feet from the fr�ont property line and more than 500 feet from the nearest public right of way, in a secluded area of the projec� site. The security gate is not visible from the public � right of way. 4. The proposed exception w�ll not result in a hazardous condition for pedestrian and vehicular traffic. There are no publicly accessible sidewalks to the project site, so there is no hazardous conditian for pedestrians. The entry gate is controlled, but has been designed to allow for vehicles to que in the event of multiple vehicles seelcing entYance at.the same time. The project does not anticipate much traffic; however, the placement of the entry gate has been designed to allow for vehicles to que in the event of inultiple vehicles seeki�g entrance to the site at the same time. The proposed vehicular driveway gate has been reviewed by the Department of Public W`orks and the Fire Department, and has been determined to not result in a hazardous condition. � 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 is not for a residential building and consistent with the requirements of Section 19.48.010. 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 privacya Resolution No.19-073 Page 3 The proposed fence is not a residential fence and therefore this finding does not apply. WHEREAS, on June 18, 2019, the City Council held a duly noticed public hearing to receive public testirnony on the Project, including the categorical exemption in CEQA Guidelines section 15332 and the exemption in CEQA Guidelines section 15183 and reviewed and considered the information contained in the staff report pertaining to the Project, all other pertinent documents, and all written and oral statements received by the City Council at or prior to the public hearing; and NOW, THEREFORE, BE IT RESOLVED that after careful consideration of the CEQA exemption rnernorandum, 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 City Council exercises its independent judgment and determines that the Project is exempt from CEQA pursuant to CEQA Guidelines section 15332 and the exemption in CEQA Guidelines section 15183. The exemption in CEQA Guidelines section 15332 � applies to an infill development project which 1) is consistent with the applicable � General Plan designation and a11 applicable General Plan policies, as well as the � applicable Zoning designations and regulations; 2) occurs within the City limits on a � site of less than 5 acres in size that is substantially surrounded by urban uses; 3) is � located on a site that has no value for endangered,rare or threatened species;4)would � not result in any significant effects related to traffic,noise, air quarity or. water quality; � and 5) can be adequately served by all required utilities and public services. The exeinption in CEQA Guidelines section 15183 ap�lies to a project that is consistent with General Plan designations and zoning for the site described in the General Plan, the potential impacts of which would be substantially rnitigated by the imposition of uniformly applied standard conditions of approval. The General Plan Amendment, Housing Element Update, and Associated Rezoning Final Envi�onmental Tmpact , Report{SCH No. 2014032007), certified by the City Council on December 4, 2014,was prepared consistent with the requirements for applicability of streamlining under CEQA Guidelines Section 15183(d)(2), and there are no environmental effects that are peculiar to the proposed project or project site that were not analyzed in the General Plan EIR; 2. The application for a Fence Exception, Application no. EXC�2018-01 is hereby recommended to be.approved; and The subconclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application i i Resolution No.19-073 ; Page 4 � no.(s) EXG2018-01 as set forth in the Minutes of the City Council Meeting of June 18, i 2019, and are incorporated by reference as though fully set forth herein. ! � SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY i DEVELOL'MENT DEPT. � � � � ��� � ; 1. APPROVED EXHIBITS A roval recommendation is based on the lan set dated February 4, 2019 consisting pp �' of 26 sheets labeled as, "A Redevelopment for Public Storage" labeled as Sheet 1-26, ', prepared by KSP Studio and BKF,; except as may be amended by conditions in this resolution. 2. ACCURACY OF PROTECT 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. CONCURRENTAPPROVAL CONDITIONS The conditions of approval contained in file nos. DP-2018-03, ASA-2018-04, and TR- 2019-11 are concurrently enacted, and shall be applicable to this approval. 4. ANNOTATION OF THE CONDITIONS OF APPROVAL ' The conditions of approval set forth sha11 be incorporated into and annotated on the first page of the building plans. 5. SECURITY GATE LOCATION The final location of the security gate shall closely resemble the location on the approved plans, The final placernent of the gate shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. to consistency.Any changes determined to be substantial by the Director of Community Development shali either require a modification to this perrnit or a new permit based on the extent of the change. 6. 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 requirernents. Any misrepresentation of any submitted data rnay invalidate an approval by the Community Development Department. Resolution No. 19-073 Page 5 7. INDEMNIFICATION Except as otherwise prohibited by law, the applicant shall indemnify and hold harrnless the City,its City Council,and its officers,employees and agents(collectively, the "indemnified parties") frorn ancl against any claim, action, or proceeding brought � by a third party agairist on� or rnore of the indemnified parties or one or more of the indernnified parties and the applicant to attacl<, 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 frorn 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. 8. NOTICE OF FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS The Conditions of Project Approval set forth herein rnay include certain fees, dedicatiori requirernents, 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 ftirther notified that the 90-da.y � approval period in which you rnay protest these fees, dedications, reservations, and � other exactions, pursuant to Governrnent Code Section 66020(a), has begun. If you fail to file a protest within this 90-day per.iod complyirig with a11 of the requirements of Section 66020, you will be legally barred frorn later challenging such exactions. SECTION IV: CONDITIONS ADMINSTERED BY THE SANTA CLARA COUNTY FIRE DEPARTMENT 1. GATE LOCKS Locks, if provided, shall be Fire Department approved prior to installation. Gates across the emergency access roadw�ays shall be equipped with an approved access device. If the gates are operated electrically, an approved Knox key switch shall be installed; if they are operated manually, then an approved Knox padlocl< shall be installeda Gates providing access from a road to a driveway or other roadway shall be at least 30 feet from the road being exited. CFC Sece 503.6 and 506.30 feet is minimum requirement. i i i i Resolution No.19-073 ' � Page 6 ' PASSED AND ADOPTED at a regular rneeting of the City Council of the City of Cupertino this 18t''day of June, 2019,by the following vote: Vote Mernbers of the Citv Council AYES: Scharf, Chao, Paul, Sinl<s, Willey NOES: None ABSENT: None � ABSTAIN: None STGNED: � � � J��� 2- . Steven Scharf, Mayor Date Cit of Cu ertino ATTEST: � /� r�`'�. �� l �`� 1'l � Grace Schmidt, City Clerk Date