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Reso 144 (2)CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION N0. 144 OF THE ADMINISTRATIVE HEARING OFFICER OF THE CITY OF CUPERTINO APPROWNG A FOR AN ELECTRONIC GATE AT AN EXISTING CHURCH (SAINT ANDREW ARMENIAN CHURCH) LOCATED AT 11370 S. STELLING ROAD SECTION I: PROJECT DESCRIPTION Application No.: EXC-2023-005 Applicant: Amit Avivi i Location: 11370 S. Stelling Rd. (APN 359-13-066) SECTION II: FINDINGS FOR A FENCE EXCEPTION: WHEREAS, the City of Cupertino received an application for a Fence Exception for an electronic gate at an existing Church (Saint Andrew Armenian Church), 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 Administrative Hearing Officer has held at least one public meeting in regard to the application; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code section 21000 et seq.) ("CEQA"), together with the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) (hereinafter, "CEQA Guidelines"), the City staff has independently studied the proposed Project and has determined that the Project is exempt from environmental review pursuant to the categorical exemption in CEQA Guidelines section 15301 for the reasons set forth in the staff report dated June 8, 2023 and incorporated herein; and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Administrative Hearing Officer finds as follows with regard to this application: Resolution No.EXC-2023-005 Odober 26, 2023 Page 2 1. The literal enforcement of the provisions of this chapter will result in restrictions inconsistent with the spirit and intent of this chapter; The purpose of CMC 19.48 is to reg'tdate the (ocation and height offences and vegetation in yards of all zoning districts in order to protect the safeh), privacy, and properh) vahtes of residents and owners of properties within any zoning district of the Cih). The electronic securih) gate is consistent with standard of providing enhanced protectio;ns to the site, as wd7 as not exceeding six-feet in height, consistent with the adjacent si;ngle -family reside;ntial fertces. 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 securih) gate and fence is setback 50-feet from the sidewalk and will not obstruct visibilih) from the driveway of the church and that of adjacertt properh), thus protecting pedestrians as well as vehicular traffic. 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 e(ectronic securih) gate is being provided to enchance the securih) and safeh) of a 72072- residentia7 use in a residentia7 neighborhood, with a large parking (ot that is not visible from the street. The parking (ot is used only whert the Church has activities 07? the site, which is largely during the day time, weekends and in the early everti;ngs, and vacant otherwise. Therefore, the addition of an electronic securih) gate is the least modification of the Cih)'s consistent with standard of providing e;nhanced protections to the site. No other exceptions to standards are proposed. 4. The proposed exception will not result in a hazardous condition for pedestrian and vehicular traffic; The proposed securih) gate and fertce is setback 50-feet from the sidewalk. This fence wi71 not pose obstructions to pedestrian traffic 07? the pub(ic sidewalk. The fence is also not Located in the Public Works Standard redated to driveway corner triangles. 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 purpose of CMC 19.48 is to regulate the location and height offertces and vegetatio;n in yards of au zoning districts in order to protect the safety, privacy, and properh) values of residents and owners of properties within any zoning district of the City. The electronic security gate is consistent with standard of providing enhanced protections to the site, as weu as not exceedi;ng six-feet in height, consistent with the adjacent single -fam'dy residentia7 fenCeS. Resolution No.EXC-2023-005 October 26, 2023 Page 3 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; The proposed fertce does not conflict with any SCCFD a;nd Sheriff Department requiremertts. Standardized access is designed for the electronic gate. 7. The fence height for the proposed residential fence is needed to ensure adequate screening and/or privacy. The proposed e(ectronic securih) gate and fertce are not proposed to be above six feet. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of the maps, facts, exhibits, testimony, staff's report and presentation, and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 2 thereof,: The application for a Fence Exception, Application no. EXC-2023-005 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-2023-005 as set forth in the Minutes of the Administrative Hearing Meeting of October 26, 2023 and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS DEVEL,OPMENT DEPT. 1. APPROVED EXHIBITS ADMINISTERED BY THE COMMUNITY Approval is based on the plan set drawn by AA Permit and Design titled "11370 S. Stelling Rd., Cupertino, CA 95014" consisting of three (3) sheets labeled Tl, Al, and A2, 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. GATE OPERATIONS The electronic gates shall: a. open at least 30 mins before services and/or Special Events begin at the church building or on church property and Resolution No.EXC-2023-005 October 26, 2023 Page 4 b. must remain open for at least 30 mins after services and/or Special Events officially end at the church building or on church property. 4. INDEMNIFICATION AND LIMITATION OF LIABILITY As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City's choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the "indemnified parties") from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as "proceeding") brought by a third par3r against one or more of the indemnified parties or one or more of the indemnified parties and the applicant related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys' fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding The applicant shall agree to (without limitation) reimburse the City its actual attorneys' fees and costs incurred in defense of the litigation. Such attorneys' fees and costs shall include amounts paid to the City's outside counsel 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. The applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys' fees, or costs awards, including attorneys' fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement. The Applicant shall agree to (without limitation) reimburse the City for all costs incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending, any document (such as an Environmental Impact Report, negative declaration, specific plan, or general plan amendment) if made necessary by proceedings challenging the project approvals and related environmental review, if the applicant desires to continue to pursue the project. The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages. 5. NOTICE OF FEES, DEDICATIONS, RESERV ATIONS OR OTHER EXACTIONS Resolution No.EXC-2023-005 October 26, 2023 Page 5 The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. PASSED AND ADOPTED this 26'h day of October 2023 at a noticed Public Meeting of the Administrative Hearing Officer of the City of Cupertino, State of California, held by the Director of Communi elopment, or his or her designee, pursuant to Cupertino Municipal Code ATTEST:APPROVED: Luke Connolly Administrative Hearing OfficerSenior Planner