Reso 6017 15-EXC-99
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6017
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
APPROVAL OF A FENCE EXCEPTION FOR AN ELECTRONIC SECURITY GATE
LOCATED AT 22525 BALBOA ROAD, IN ACCORDANCE WITH CHAPTER 16.28 OF THE
CUPERTINO MUNICIPAL CODE
SECTION I: PROJECT DESCRIPTION
Application No.: 15-EXC-99
Applicant: Anne Dor
Location: 22525 Balboa Road
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 the following requirements:
a) That the literal enforcement of the provisions of this title will result in restrictions
inconsistent with spirit and intent of this title;
b) That the approval of the exception will not result in a condition which is materially
detrimental to the public health, safety, or welfare; and
c) That the exception to be granted is one that will require the least modification of the
prescribed regulations and the minimum variance that will accomplish the purpose;
d) That the proposed exception will not result in a hazardous condition for pedestrian and
vehicular traffic.
e) That the proposed development is otherwise consistent with the City's General plan and with
the purpose of this chapter as described in Section 16.28.010.
' fl That 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
I standazdize access.
� g) That the proposed development site is secluded and has demonstrated that a gate is needed
for security reasons.
Resolution No. 6017 15-EXC-99 April 10, 2000
Page 2
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 is hereby approved subject to the conditions
which are enumerated in this Resolution; 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 15-EXC-99, as set
forth in the Minutes of the Planning Commission Meeting of April 10, 2000, and are
incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
l. APPROVED EXHIBITS
Exhibit A consisting of one sheet titled "Site Plan," Dated March 2000, except as may be
amended by the conditions contained within this resolution. Exhibit D that depicts the gate
style and color. The gate height shall not exceed six feet.
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� 2. GATE ACCESS
� Prior to final occupancy, the City requires written approval of the access mechanisms from
the Santa Clara County Sheriff's Office and Fire Department.
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3. GATE REMOVAL
The gate is subject to removal at the owner of Assessor Parcel Number 342-19-037's expense
� when:
The road becomes public; or if two additional properties become developed and it is required
► by a majority of the common access developable property owners based on one vote per
developable site.
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4. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
. requirements, 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 further notified that the 90-day approval period in which you may protest these fees,
dedications, reservations, and other exactions, pursuant to Government Code Section
I66020(a), has begun. If you fail to file a protest within this 90-day period complying with all
of the requirements of Section 66020, you will be legally barred from later challenging such
� exactions.
PASSED AND ADOPTED this 10" day of April, 2000, at a Regular Meeting of the Planning
ICommission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Corr, Doyle, Kwok, Stevens and Chairperson Harris
NOES: COMMISSIONERS:
Resolution No. 6017 15-EXC-99 April 10, 2000
Page 3
ABSTAIN: COMMISSIONERS:
ABSENT: CO MISSIONERS:
ATTES APPROVED:
` �����
Steve iasecki Andrea Harris, Chairman
Director of Community Development Cupertino Planning Commission
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