CC Resolution 13216 - Appeal of the Public Works Department's Denial of Encroachment Permit (ENG-2024-186) RESOLUTION NO. 13216
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
DENYING THE APPEAL AND UPHOLDING THE PUBLIC WORKS DEPARTMENT'S
DENIAL OF AN ENCROACHMENT PERMIT (ENG-2024-186) FOR THE
CONSTRUCTION / LEGALIZATION OF A FIVE-FOOT, THREE-INCH TALL (5'3")
FENCE AND LOCKING GATES WITHIN THE PUBLIC RIGHT-OF-WAY
ON PROPERTY LOCATED AT 411 CARLYN AVENUE
WHEREAS, on December 12, 2023, the Code Enforcement Division received a
complaint (CE-2023-367) about a tall fence being constructed behind the sidewalk at
411 Carlyn Avenue; and
WHEREAS, the placement of fences is subject to CMC Section 21.18.060 (Fences,
walls, lattice and screens). Fences within the first 15 feet of the front yard, as measured
from the front property line, are three and a half feet in height; and
WHEREAS, said fence was constructed in the public right-of-way without approval from
the City of Campbell; and
WHEREAS, maintaining unrestricted access to the public right-of-way is critical to the
proper maintenance of utility services; and
WHEREAS, on March 11, 2024, the applicant filed a Fence Exception Application with
the Planning Division to maintain the fence in its partially constructed location, directly
behind the existing public sidewalk; and
WHEREAS, on April 24, 2024, the Community Development Director approved a Fence
Exception permit (PLN-2024-36) to allow the five-foot, three-inch tall (5'3") fence and
locking gates but required that it be shifted approximately 6 feet towards the home and
placed on the applicant's front property line; and
WHEREAS, the Fence Exception Permit issued by the Community Development
Department gives the applicant the ability to construct a non-standard tall fence with a
locking gate within private property, achieving the intentions of the applicant to enhance
security and safety; and
WHEREAS, On May 27, 2024, the applicant filed an Encroachment Permit application
(ENG-2024-186) with the Public Works Engineering Division to maintain the fence in its
partially constructed location, directly behind the existing public sidewalk, within the
public right-of-way; and
WHEREAS, on July 31, 2024, the Public Works Department denied the applicant's
request to construct / legalize a five-foot, three-inch tall (5'3") fence and locking gates
within the public right-of-way; and
WHEREAS, limiting the fence height to three and a half feet, ensures visibility will be
maintained for the safety of all; and
WHEREAS, the fence as partially constructed would limit the ability to install ADA
compliant sidewalk along the property's frontage; and
WHEREAS, the right-of-way is public land also used by the utility companies for placing
utility facilities serving the neighborhood; and
WHEREAS, with the construction of a fence with locking gates, the applicant intends to
keep the gates locked; and
WHEREAS, having the public right-of-way locked away behind a private fence is not
appropriate, even more so when the property owner is not available for extended
periods of time; and
WHEREAS, the applicant has also constructed a six (6) foot wooden side yard fence
into the public right-of-way, violating the visibility requirements required by CMC Section
21.18.060 (Fences, walls, lattice and screens); and
WHEREAS, on August 12, 2024, the City Clerk received a written appeal to the Public
Works Department's decision to deny the applicant's encroachment permit.
NOW, THEREFORE, BE IT RESOLVED that the City Council denies the appeal and
upholds the Public Works Department's denial of an Encroachment Permit (ENG-2024-
186) for the construction / legalization of a five-foot, three-inch tall (5'3") fence and
locking gates within the public right-of-way on property located at 411 Carlyn Avenue.
PASSED AND ADOPTED this 1st day of October, 2024 by the following roll call vote:
AYES: Councilmembers: Bybee, Furtado, Lopez, Landry
NOES: Councilmembers: None
ABSENT: Councilmembers: Scozzola
APPROVED:
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Susan M. Landry ayor
ATTEST:
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Andrea Sanders&ity Clerk
Approved Fence Exception Permit
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CITY OF CAMPBELL
Community Development Department
ADMINISTRATIVE ACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR
FENCE EXCEPTION PERMIT
Project Address: 411 Carlyn Ave
Zoning/Area Plan: R-1-6/ NA
Neighborhood Association(s): Campbell Community Center Neighborhood Group
File No.: PLN-2024-36
APN: 305-18-010
Applicant: Stanley Ito
Property Owner: Stanley Ito
Project Description: Request to legalize a five-foot, three-inch (5'3") tall
fence and gate along the front property line.
FINDINGS
After public notification and consideration of all comments provided therein, as specified
by law, the Community Development Director finds as follows with regards to the above
referenced Fence Exception Permit:
1. The Project Site is zoned R-1-6 (Single Family Residential) on the City of Campbell
Zoning Map.
2. The Project Site is designated Low Density Residential (less than 7.5 units/gr. acre)
on the City of Campbell General Plan Land Use diagram.
3. The Project Site is located on the west site of Carlyn Avenue, south of West
Hamilton Avenue.
4. On December 13, 2023, the Code Enforcement Officer opened code case CE-
2023-367 for property located 411 Carlyn Avenue citing construction of a non-
compliant fence. Following the citation, the applicant met with Planning Staff to
discuss legalizing the fence.
5. The Proposed Project is a request to legalize a five-foot, three-inch tall (5'3")fence
along the property line and to allow the construction of an automatic sliding gate
spanning over the driveway.
6. The requested legalization required a "Fence Exception" pursuant to CMC Section
21.18.060 (Fences, walls, lattice, and screens) as the proposed fence exceeds the
70 North First Street•Campbell,CA 95008-1423•TEL(408)866-2140•E—MAIL planning@campbellca.gov
Fence Exception Permit Page 2 of 3
411 Carlyn Ave — PLN-2024-36
allowable three-foot, six-inch height maximum, up to fifteen feet from the front
property line, as stipulated by CMC Section 21.18.060(A).
7. Public Works Department staff verified the front property line for this property and
confirmed that it is located 9.7-ft measured from the construction joint between the
rolled curb and sidewalk. The existing fence is currently within the public right-of-
way and will be conditioned to be relocated within the private property as per
Condition of Approval No. 6a (Fence placement) of the attached Conditions of
Approval (Exhibit A).
8. The Proposed Project is subject to the development standards and design
guidelines of CMC Section 21.18.060 (Fences, walls, lattice and screens).
9. Condition of Approval No. 4 will require installation of landscaping and the sidewalk
to minimize the visual presence of the fence as to result in a more desirable site
layout.
10. The proposed galvanized steel fence features panels made of pickets spaced at
every four and a half(4.5) inches, ensuring a minimum of 50% visibility and airflow,
meeting the required criteria.
11. Although the proposed fence is within the required setbacks and the sight triangle
abutting the existing driveway on property,the grill design of the fence panels allows
for clear sightlines that enable drivers and pedestrians to navigate safely, which
facilitates controlled access without compromising safety. Additionally, staff has
noted that an unpermitted driveway has been constructed at 397 Carlyn Avenue
between 2008 and 2009 that abuts the proposed fence. Due to the lack of permits,
the potential effect of the proposed fence on the driveway has not been assessed.
12. The fence is designed in such a way that the view of the front landscape area is
not visually obstructed from the public right-of-way while maintaining a sense of
openness and connectivity with the surrounding area, contributing to a more
cohesive neighborhood.
13. The proposed fence's height offers a feeling of security while maintaining visibility
through the placement of spaced-out pickets. These design aspects instill a sense
of safety without introducing barriers that induce feelings of exclusion.
14. No substantial evidence has been presented which shows that the project, as
currently presented and subject to the required Conditions of Approval, will have a
significant adverse impact on the environment.
15. A Notice of the Application for a Fence Exception Permit was mailed in compliance
with CMC Section 21.71.020.B establishing a ten-day comment period between
April 13, 2024, to April 22, 2024. One comment was received by a neighbor in
support of the project.
Based upon the foregoing findings of fact, the Community Development Director further
finds and concludes that:
Fence Exception Permit Page 3 of 3
411 Carlyn Ave — PLN-2024-36
Fence Exception Findings (CMC Sec. 21.18.060.E.):
1. The change would not impair pedestrian or vehicular safety;
2. The change would result in a more desirable site layout;
3. The change would not be detrimental to the health, safety, peace, morals, comfort or
general welfare of persons residing or working in the neighborhood of the change; and
4. The change would not be detrimental or injurious to property and improvements in the
neighborhood or to the general welfare of the city.
Environmental Findings (CMC Sec. 21.38.050):
5. This project is Categorically Exempt under Section 15301 of the California
Environmental Quality Act (CEQA) pertaining to existing facilities and Class 1
consisting of changes to accessory structures including fences.
6. There are no unusual circumstances that would prevent the project from qualifying as
Categorically Exempt per Section 15300.2c of the CEQA Guidelines.
THEREFORE, the Community Development Director approves a Fence Exception Permit
(PLN-2024-36) to construct a five-foot, three-inches (5'3") tall fence and gate on property
located 411 Carlyn Avenue, subject to the attached Conditions of Approval (attached
Exhibit A).
APPROVED AND ISSUED this 24th day of April 2024.
/s/ Rob Eastwood
Community Development Director
EXHIBIT A
CONDITIONS OF APPROVAL
PLN-2024-36
Where approval by the Director of Community Development, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance
with all applicable conditions of approval, adopted policies and guidelines, ordinances,
laws and regulations and accepted engineering practices for the item under review.
Additionally, the applicant is hereby notified that he/she is required to comply with all
applicable Codes or Ordinances of the City of Campbell and the State of California that
pertain to this development and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
1) Approved Project: Approval is granted for a Fence Exception Permit (PLN-2024-36)
to construct a five-foot, three-inches (5'3") tall fence, on the front and Southern side
property line, and an automatic sliding gate spanning the driveway on property located
at 411 Carlyn Ave, as depicted on the Approved Project Plans, included as Exhibit B,
except as may be modified by the Conditions of Approval herein.
2) Permit Expiration: The Fence Exception Permit approval shall be valid for one year
from the date of final approval (expiring April 24, 2025). Failure to meet this deadline
or expiration of the Building Permit plan check or issued Building Permit will result in
the Fence Exception Permit being rendered void.
3) Maximum height: The maximum height of the fence shall be 5' 3", as measured from
the adjacent natural grade to the highest point of the fence.
4) Landscaping/Hardscapinq: Due to the proximity of the fence to the sidewalk, the area
between the fence and sidewalk shall be landscaped to allow for a more desirable site
layout. Landscaping shall consist of shrubs, flowers, and/or groundcover. The
landscaping area shall be irrigated with an irrigation system and shall be maintained
in perpetuity.
5) Building Permit Required: Within sixty (60) days of the effective date of this approval,
the applicant shall file for a Building Permit application, along with details of the
proposed automatic sliding gate.
6) Building Permit Plan Revisions: The construction plans submitted for a building permit
shall be revised to indicate the location of the fence as modified in the approved project
plans as follows.
a) Fence placement: As the fence is currently located within the public right-of-way,
it shall be relocated to a minimum of five feet from the back of the sidewalk, on the
front property line of the property, and in accordance with the approved fencing
plan.
7) New Fences/Walls: Any newly proposed fencing and/or walls shall comply with CMC
Section 21.18.060.
Public Works Denial Letter
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CITY OF CAMPBELL
Public Works Department
via electronic mail
July 31, 2024
Stanley Ito
411 Carlyn Avenue
Campbell, CA 95008
Re: File No: ENG-2024-186-R1
Address: 411 Carlyn Avenue
Application: Encroachment Permit for Private Improvements in the Public Right-of-Way
Status: Denied
Dear Mr. Ito,
Please be advised that the City of Campbell is denying your request to construct/legalize a five-foot,
three-inch tall(5'3")fence and locking gates within the public right-of-way. The placement of fences
is subject to CMC Section 21.18.060 (Fences, walls, lattice and screens). A fence exceeding 3'/2 feet,
located behind the sidewalk would compromise safety by limiting the sight of vehicles and pedestrians.
The proposed fence is located in the public right-of-way which must be accessible to the City and
utilities at all times.
The Planning Division previously approved a Fence Exception Permit(PLN-2024-36)authorizing you
to construct your desired fence and locked gates along your front property line which is an exception
to the standard requirement that fencing exceeding the standard height can only be constructed fifteen
(15) feet behind the front property line. While this would require you to move the existing partially
constructed fence from its existing location to your property line, six (6) feet from the sidewalk, this
exception will allow you to achieve the fence you desire within your own property.
On May 27, 2024, after the approval of the Fence Exception Permit, Public Works received an
encroachment permit application from you to construct a five-foot, three-inch tall fence with locking
gates within the public right-of-way. On June 21, 2024, staff(Roger Storz and John Burchfiel) from
our office met with you at the subject address to explain the issues related to your application. While
the plan you submitted with the application shows your property line directly behind the sidewalk, it
was confirmed with you that the front property line is approximately six(6)feet behind the sidewalk.
You were also informed that this 6-foot area, deemed public right-of-way, must be kept accessible to
the City and utility companies who have rights to use this area. In addition to maintaining access,the
City reserves the right to construct improvements in this area when deemed necessary including but
not limited to those needed to comply with the Americans with Disabilities Act(ADA). Public right-
of-way shall not be restricted for exclusive use by private property owners. Locking the public right-
of-way behind your private fence and thereby restricting its intended use cannot be supported by the
Public Works Department.
70 North First Street•Campbell,CA 95008-1423•TEL(408)866-2150• E-MAIL publicworks@campbellca.gov
Subject: Encroachment Permit Application ENG-2024-186-R1
Date: July 23, 2024
Page 2 of 2
In your application,you indicated other properties with fences in the public right-of-way, highlighting
those with tall decorative driveway gates. The key difference is that these properties have low fences
(3%2 feet tall) with unlocked gates - allowing unrestricted access to the public right-of-way. To assist
you in meeting your needs,a similar compromise was offered to you. However,your e-mail dated July
1,2024, makes clear your intent to pursue the terms of your original encroachment permit application.
At this point, the tall fence in the public right-of-way would have to be: 1) lowered to 3'/2 feet tall or
2)relocated from the public right-of-way.Additionally,the wooden fence built within the public right-
of-way along your northerly property line must be lowered or removed due to similar safety concerns
cited above. Please note that if you choose to keep a lowered fence within the public right-of-way,
you will need to sign the "Agreement for Private Improvements in the Public Right-of-Way" as
previously discussed with staff.
This action may be appealed to the City Council by submitting a request in writing to the City Clerk,
including payment of an Appeal Fee of$300.
If you have any questions, do not hesitate to contact Roger Storz at (408) 866-2190 or
rogers campbel lca.gov.
Sincerely,
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Amy Olay ,Users
Amy Olay
City Engineer