DRC Reso 194EXC-2004-16
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California. 95014
RESOLUTION NO. 194
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
DENYING FENCE EXCEPTIONS FOR AN ELECTRONIC SECURITY GATE AND
ALLOWING A GREATER THAN 3 -FOOT TALL FENCE IN THE FRONT SETBACK
AREA, IN ACCORDANCE WITH CHAPTER. 16.28 OF THE CUPERTINO MUNICIPAL
CODE FOR 1.0584 SANTA LUCIA ROAD
SECTION I: PROTECT DESCRIPTION
Application No.: EXC-2004-16
Applicant: Conor & Laura Malone
Location: 10584 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 partially 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. 194 EXC-2004-16 January 19, 2005
Page 2
f) That the electronic gates were present on the site prior to September 20, 1999.
The gates were installed in year 2001 without a building permit.
That with respect to the issue of the greater than 3 -foot tall fence in the front setback:
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 result in a condition which is
materially detrimental to the public welfare by creating development
incongruities that are not compatible with the neighborhood; 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 development does not meet the requirements of the Santa
Clara Fire Department and Sheriff's Department, by providing standardized
emergency access when security gates are proposed.
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-2004-16, as set forth in the Minutes of the Design Review Committee
Meeting of January 19, 2005, and are incorporated by reference herein.
PASSED AND ADOPTED this 19th day of January 2005, at a Regular Meeting of the
Design Review Committee of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Commissioner Saadati and Acting Chairperson Miller
NOES: COMMISSIONERS:
ABSTAIN-: COMMISSIONERS:
ABSENT: _ COMMISSIONERS: Chairperson Wong
ATTEST:
Ciddy Worded
City Planner
g:/ planning/pdreport/res/ EXC-2004 16denial.doc
11000 MIN
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