Attachment 8, Exhibit A - Conditions of ApprovalEXHIBIT A
TOWN COUNCIL – August 15, 2023 CONDITIONS OF APPROVAL
308 Blackwell Drive
Fence Height Exception FHE-23-002
Consider an Appeal of a Community Development Director Decision to Deny a Fence
Height Exception Request for Construction of an Automated Vehicular Gate
Exceeding the Maximum Height and with Reduced Setbacks on Property Zoned R-1:8.
Located at 380 Blackwell Drive. APN 424-12-027. Categorically Exempt Pursuant to
CEQA Guidelines Section 15303 (e): New Construction or Conversion of Small Structures. Fence Height Exception Application FHE-23-002. PROPERTY OWNER: Larry Cesnik and Martha Johnson. APPELLANT: Larry Cesnik. APPLICANT: Ramin Zohoor. PROJECT PLANNER: Sean Mullin.
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions of
approval listed below.
2. EXPIRATION: The Fence Height Exception approval will expire two years from the approval
date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested.
3. BUILDING PERMIT: The proposed vehicular gate requires a Building Permit.
4. VEHICULAR GATE: The vehicular gate must open inward, towards the residence or slide
parallel to the street.
5. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that
any applicant who receives a permit or entitlement (“the Project”) from the Town shall
defend (with counsel approved by Town), indemnify, and hold harmless the Town, its
agents, officers, and employees from and against any claim, action, or proceeding (including
without limitation any appeal or petition for review thereof) against the Town or its agents,
officers or employees related to an approval of the Project, including without limitation any
related application, permit, certification, condition, environmental determination, other
approval, compliance or failure to comply with applicable laws and regulations, and/or
processing methods (“Challenge”). Town may (but is not obligated to) defend such
Challenge as Town, in its sole discretion, determines appropriate, all at applicant’s sole cost
and expense.
Applicant shall bear any and all losses, damages, injuries, liabilities, costs and expenses
(including, without limitation, staff time and in-house attorney’s fees on a fully-loaded
basis, attorney’s fees for outside legal counsel, expert witness fees, court costs, and other
litigation expenses) arising out of or related to any Challenge (“Costs”), whether incurred by
Applicant, Town, or awarded to any third party, and shall pay to the Town upon demand
any Costs incurred by the Town. No modification of the Project, any application, permit
certification, condition, environmental determination, other approval, change in applicable
laws and regulations, or change in such Challenge as Town, in its sole discretion, determines
appropriate, all the applicant’s sole cost and expense. No modification of the Project, any
application, permit certification, condition, environmental determination, other approval,
change in applicable laws and regulations, or change in processing methods shall alter the
applicant’s indemnity obligation.
Building Division
6. PEDESTRIAN GATE REQUIRED: Identify the location of the required pedestrian gate.
7. PEDESTRIAN GATE: For pedestrian access in the vicinity of an automated gate, a separate
pedestrian gate shall be provided. The pedestrian gate shall be installed in a location such
that a pedestrian shall not come in contact with a moving vehicular access gate. A
pedestrian gate shall not be incorporated into an automated vehicular gate panel.
S:\COUNCIL REPORTS\2023\08-15-23\380 Blackwell Drive\Attachment 8, Exhibit A - Conditions of Approval.docx