Exhibit 3 - Recommended Conditions of Approval if Appeal is Granted
S:\PLANNING COMMISSION REPORTS\2024\11-13-2024\Item 4 - 108 Westchester Drive\Exhibit 3 - Recommended Conditions of Approval if
Appeal is Granted.docx
PLANNING COMMISSION – November 13, 2024
DRAFT CONDITIONS OF APPROVAL
108 Westchester Drive
Fence Height Exception FHE-24-003
Consider an Appeal of a Community Development Director's Decision to Deny a Fence
Height Exception Request for the Construction of a Six-Foot Tall Fence Within a
Required Street Side Setback and Traffic View Area on Property Zoned R-1:8. Located
at 108 Westchester Drive. APN 523-36-037. Categorically Exempt pursuant to the
adopted Guidelines for the Implementation of the California Environmental Quality
Act, Section 15303: New Construction or Conversion of Small Structures. Fence
Height Exception Application FHE-24-003.
PROPERTY OWNER/APPLICANT/APPELLANT: Parul Upadhyaya & Deepak Pandey.
PROJECT PLANNER: Suray Nathan.
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 and in substantial compliance with the approved plans. Any intensification
beyond this authorized use requires a Conditional Use Permit amendment.
2. FENCE MODIFICATION: The fence shall be modified to comply with the requirements
and limitations of Section 29.40.0315 regarding fences located in a required driveway
view area.
3. EXPIRATION: The 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 per Section
29.20.335 of the Town Code. Reasonable extensions of time not exceeding one year
may be granted upon application, and can be granted if approved by the deciding body
prior to the expiration date. Therefore, it is recommended that applications for a time
extension be filed with the Community Development Department at least 60 days prior
to the expiration date of the approval.
4. 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.
EXHIBIT 3
S:\PLANNING COMMISSION REPORTS\2024\11-13-2024\Item 4 - 108 Westchester Drive\Exhibit 3 - Recommended Conditions of Approval if
Appeal is Granted.docx
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 at 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.