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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 g:/planning/pdreport/res/EXC-2005-0ldenial.d oc f Chairperson 1v Committee