DRC Reso 195EXC-2005-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.195
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
DENYING A FENCE EXCEPTION FOR AN ]ELECTRONIC SECURITY GATE IN
ACCORDANCE WITH CHAPTER 16.28 OF THE CUPERTINO MUNICIPAL CODE
FOR 10655 SANTA LUCIA ROAD
SECTION I, PROTECT DESCRIPTION
Application No.: EXC-2005-01
Applicant: Sanjay Swamy
Location: 10655 Santa Lucia Road
SECTION II: FINDINGS
WHEREAS, the Design Review Committee of the City of Cupertino received an
application for exceptions to the Fence Ordinance, as described in this Resolution; and
WHEREAS, the applicant has not met the burden of :proof required to support said
application; and has not satisfied any of the following requirements:
That with respect to the issue of an electronic gate:
a) That the development is mixed-use, and parking for different uses needs to
be separated to assure availability of parking for each use; or
b) That the development includes 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-- the house is visible from the public right-
of-way and the house is surrounded by other houses on similarly situated and
configured flag lots; or
e) That the gates are needed for demonstrated security reasons — there are no
reports of vandalism, trespass or burglary. The gates can be secured to provide a
secured play area for children, without placing electronic motor controls on the
gate; or
Resolution No. 195 EXC-2005-01 February 2, 2005
Page 2
fj That the electronic gates were present on the site prior to September 20, 1999.
The gates were installed in year 2004 with a building permit.
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 recommended
for denial.
That, the subconclusions upon which the findings and conditions specified. -in this
Resolution are based and contained in the Public Hearing record concerning
Application EXC-2005-01, as set forth in the Minutes of the Design Review Committee
Meeting of February 2, 2005, and are incorporated by reference herein.
PASSED AND ADOPTED this 2nd day of February 2005, at a Regular Meeting of the
Design Review Committee of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Commissioner Giefer and Chairperson Miller
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS
ATTEST: APPROVED:
Ciddy Wordell Mar
City Planner Design
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Chairperson
1v Committee