Reso 6317 � EXG2005-13
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
, RESOLUTION NO. 6317
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A FENCE EXCEPTION TO LOCATE AN ELECTRONIC GATE ON THE
MERRIMAN AVENUE ENTRANCE TO A PROPOSED RETIREMENT CENTER
SECTION I: PROTECT DESCRIPTION
Application No.: EXC-2005-13
' Applicant: Tony Pantaleoni, Kotas/Pantaleoni Architects
Location: 22622 Marianist Way
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SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
� for an exception to the fence ordinance, as described in this Resolution; and
� WHEREAS, the applicant has met the burden of proof required to support said
application; and has satisfied one or more of the following requirements:
That with respect to the issue of an electronic gate:
a) That the development is mixed-use, where the parking for different uses
needs to be separated to assure availability of parking for each use; or
b) That the development includes a below-grade parking structure that needs to
be secured with a gate; or
c) That the development requires an electronic gate to obtain federal or state
funding; or
d) That the development is secluded; or
e) That the gates are needed for demonstrated security reasons; or
� That the electronic gates were present on site prior to September 20, 1999.
NOW, THEREFORE, BE IT RESOLVED: �
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the exception to the fence ordinance for an electronic gate is
hereby recommended for approval.
�� Resolution No. 6317 EXG2005-13 August 23, 2005
' Page -2-
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That the subconclusions upon which the findings specified in this Resolution are based
and contained in the Public Hearing record concerning Application EXC-2005-13, as set
forth in the Minutes of the Planning Commission Meeting of August 23, 2005, and are
incorporated by reference herein.
� SECTION III.: CONDITIONS �
� 1. FENCE PLANS
A vehicular electronic security gate may be installed in the driveway to the
� retirement center that accesses from Merriman Road, in accordance with the plan
� submitted by Kotas/Pantaleoni Architects during the Planning Commission meeting
of August 23, 2005. Prior to installation of the gate, the applicant shall receive
required permits from the Building Division and Santa Clara County Fire
Department.
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PASSED AND ADOPTED this 23rd day of August 2005, at a Regular Meeting of the
, Planning Commission of the City of Cupertino by the following roll call vote:
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AYES: COMMISSIONERS: Chen, Vice-Chair Miller, Saadati and Chairperson
' Wong
NOES: COMMISSIONERS: Giefer
� ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: �
ATTEST APPROVED:
�
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Steve Piasecki Gilbert Wong, Chair son
Director of Community Development Cupertino Planning mmission
g:/planning/pdreport/res/EXC-2005-13