Fence Exception - 2004October 27,2004
Robert and Stephanie Mosley
109 Rio Serena Avenue
Campbell, CA 95008
Re:
PLN2004-124 -109 Rio Serena Avenue
Granting an Appeal of Administrative Denial for a Fence Exception
Dear Applicant:
Please be advised that at its meeting of October 26, 2004, the Planning Commission adopted
Resolution No. 3598 granting an appeal and overturning the Administrative Decision denying a
Fence Exception for the above referenced property.
This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5
p.m. on Friday, November 5, 2004. The time within which judicial review of this action must be
sought is governed by Section 1094.6 of the California Code of Civil Procedure, unless another
statute (such as California Government Code Section 65009 or some other applicable provision)
sets forth a more specific time period is set forth.
If you have any questions, please do not hesitate to contact me at (408) 866-2140.
Sincerely,
Stephanie Willsey
Planner I
Cc:
Ed Arango, Public Works
Frank Mills, Building
Chris Veargason, County Fire
70 North First Street. Campbell, California 95008.1436 . TEL 408.866.:2140
fAX 408.871.5140 . Tnn 408,866,:2790
RESOLUTION NO. 3598
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING AN APPEAL AND
OVERTURNING THE ADMINISTRATIVE DECISION DENYING A
FENCE EXCEPTION FOR PROPERTY OWNED BY ROBERT AND
STEPHANIE MOSLEY LOCATED AT 109 RIO SERENA AVENUE IN
AN R-I-6 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT.
APPEAL OF ROBERT AND STEPHANIE MOSLEY. FILE NO.
PLN2004-124.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission finds as follows
with respect to PLN2004-124:
1. The Fence Exception is consistent with the General Plan land use designation of Low
Density Residential (less than 6 units per gross acre) and the R-I-6 (Single-Family
Residential) zoning designation.
2. The property is currently developed with a single-family residence and is located on the
southwest corner of Rio Serena Avenue and Villarita Drive. The land uses surrounding the
subject property are single-family homes on all sides.
3. The project qualifies as a Categorically Exempt project per Section 15303, Class 3 (New
Construction or Conversion of Small Structures) of the California Environmental Quality Act
(CEQA).
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The Fence Exception is consistent with the City's General Plan and Zoning Ordinance.
2. The fence would not impair pedestrian or vehicular safety.
3. The fence would result in a more desirable site layout.
4. The fence 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.
5. The fence would not be detrimental or injurious to property and improvements in the
neighborhood of the change.
6. 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.
Planning Commission ResOl....lon No. 3598
Granting an Appeal and Overturning the Administrative Decision Denying a Fence Exception
PLN2004-124 - 109 Rio Serena Avenue
Page 2
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission grants an appeal and
overturns the Administrative Decision denying a Fence Exception (PLN2004-124) for property
owned by Robert and Stephanie Mosley 109 Rio Serena Avenue in an R-1-6 (Single Family
Residential) Zoning District.
PASSED AND ADOPTED this 26th day of October, 2004, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Doorley, Francois, Hernandez, Rocha and Roseberry
Gibbons
None
Alderete
APPROVED:
George Doorley, Chair
ATTEST:
Sharon Fierro, Secretary
CITY OF CAMPBELL' PLANNING COMMISSION
Staff Report. October 26, 2004
Appeal of
PLN2004-124
Mosley, R. & S.
Public Hearing to consider the appeal of Robert and Stephanie Mosley of an
Administrative Denial of a Fence Exception (PLN2004-124) to allow a zero
side yard setback along the street property line for a corner lot where five feet
is required on property owned by Robert and Stephanie Mosley located at 109
Rio Serena Avenue in an R-I-6 (Single-Family Residential) Zoning District.
PLANNING COMMISSION ACTION
The Planning Commission may take one of the following actions:
1. Adopt a Resolution, incorporating the attached findings, upholding the administrative denial
of PLN2004-124 and deny the appeal; or
2. Adopt a Resolution, incorporating the attached findings, overturning the administrative
denial of PLN2004-124 and uphold the appeal and find that the project is Categorically
Exempt under Section 15303, Class 3 of the California Environmental Quality Act (CEQA)
pertaining to accessory structures.
DISCUSSION
Background: On July 27,2004 and August 19,2004 the Planning Division received two separate
e-mails from Mrs. Mosley asking for a copy of the Fence Regulations and specific questions
regarding allowable fence heights and locations. Staff responded to both emails with information
regarding the City's Fence Regulations.
On August 18, 2004 the Community Development Department received a citizen complaint form
regarding a newly constructed fence that did not meet the requirements of the City's Fence
Regulations and was aesthetically unappealing due to its height and location located at 109 Rio
Serena Avenue. A site investigation was made by staff on August 20, 2004 as a result of the
complaint and revealed that the new fence was in violation of the three following Fence
Regulations, pursuant to Section 21.18.060 of the Campbell Municipal Code:
1. A portion of the fence exceeds maximum height requirement of six feet;
2. The fence does not meet minimum street side yard setback requirements (5-feet) for a corner
lot; and
3. The fence does not meet the minimum setback requirements around driveways.
A Notice of Violation was sent to the property owners on August 23, 2004 requiring that they
correct or remove the fence violations no later than September 13, 2004.
J:\Reports\APPEALS\PLN2004-124 109 Rio Serena-AppeaLdoc
Staff Report - Planning Commission Meeting of October 28,2004
PLN20004-124 -109 Rio Serena Avenue
Page 2 of 3
The property owners have since abated two of the three fence violations by reducing the height
of the fence to six feet and modifying the fence to meet the vision triangle requirements around
driveways. The applicant submitted a Fence Exception application on September 2, 2004
requesting a zero side yard setback along the street property line for a corner lot where five feet
is required. The subject fence is a six-foot tall, good neighbor style, wooden fence.
Project Location: The property is currently developed with a single-family residence and is
located on the southwest corner of Rio Serena Avenue and Villarita Drive. The land uses
surrounding the subject property are single-family homes on all sides.
ANALYSIS
Fence Exception: The Community Development Director may approve a Fence Exception for
fences with lesser setbacks than is required by Section 21.18.060 (Fences, Walls, Lattice, and
Screens) of the Campbell Municipal Code when it is found that the fence: (1) would not impair
pedestrian or vehicular safety; (2) would result in a more desirable site layout; (3) 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) would not be detrimental or injurious to
property and improvements in the neighborhood of the change.
The Community Development Director denied the proposed Fence Exception application on
September 14, 2004 because the she was unable to make the required findings. It was found that
a six-foot fence along the street side yard property line, without the required five-foot setback,
would not result in a more desirable site layout and would be detrimental to the health, safety,
peace, morals, comfort or general welfare of persons residing or working in the neighborhood of
the change. These findings were unable to be made because the proposed zero setback does not
provide a visual relief in the streetscape that is accomplished by providing an open space buffer
and opportunity for landscaping between the fence and the sidewalk.
The City's Zoning Code update came into effect on May 6, 2004. The Fence Regulations
regarding corner lots were amended in this Zoning Code update. Under the previous regulations,
the subject property would be considered an "other corner lot" because its' rear property line
abuts the neighbors side property line. Other corner lots were required to have a street side yard
setback of fifteen feet from the street side yard property line. Therefore, under the previous
regulations the property owners at this location would have been required to provide a 15-foot
street side yard setback for their fence.
The current Fence Regulations no longer distinguish between other corner lots and regular corner
lots and require that all corner lots, regardless of their orientation to the adjacent lots, provide a
street side yard setback of five-feet and maintain vision triangles around driveways and the street
corner intersection.
Appeal: On September 22, 2004 the City received a letter from Robert and Stephanie Mosley
appealing the administrative denial of their Fence Exception application (PLN2004-124). The
letter requests the reconsideration of the denial of the Fence Exception by the Planning
Commission. A copy of the applicant's appeal letter is attached for your review (Attachment
#4).
Staff Report - Planning Commission Meeting of October 28,2004
PLN20004-124 - 109 Rio Serena Avenue
Page 3 of3
Site and Architectural Review Committee: The Site and Architectural Review Committee
reviewed this application at its meeting of October 12, 2004. The Committee did not make a
recommendation but advised the applicant to make a thorough presentation to the full Planning
Commission.
Attachments:
1. Findings Upholding the Administrative Denial ofPLN2004-124 (Denying the Appeal)
2. Findings Overturning the Administrative Denial ofPLN2004-124 (Upholding the Appeal)
3. Letter of Application for a Fence Exception Submitted by Robert and Stephanie Mosley
4. Letter of Appeal Submitted by Robert and Stephanie Mosley
5. Exhibits & Photographs
6. Location Map
Prepared by:
-6e "
Reviewed b
Attachment # 1
FINDINGS UPHOLDING THE ADMINISTRATIVE DENIAL OF PLN2004-124 AND
DENYING THE APPEAL
SITE ADDRESS:
APPELLANT:
P.C. MEETING:
109 Rio Serena Avenue
Robert and Stephanie Mosley
October 28, 2004
Findings upholding the administrative denial of a Fence Exception to allow a zero side yard
setback along the street property line for a corner lot where five feet is required on property
located at 109 Rio Serena Avenue.
The Planning Commission finds as follows with regard to File No. PLN2004-124:
1. A zero street side yard setback does not provide a visual relief in the streetscape that is
accomplished by providing an open space buffer and opportunity for landscaping between
the fence and the sidewalk.
2. The property is currently developed with a single-family residence and is located on the
southwest corner of Rio Serena Avenue and Villarita Drive. The land uses surrounding the
subject property are single-family homes on all sides.
3. The reduced fence setback does not enhance the aesthetic appearance of the streetscape.
4. The Community Development Department received a citizen complaint form regarding a
newly constructed fence that did not meet the requirements of the City's Fence Regulations
and was aesthetically unappealing due to its height and location.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The fence would not result in a more desirable site layout.
2. The fence would be detrimental to the health, safety, peace, morals, comfort or general
welfare of persons residing or working in the neighborhood of the change.
J :\Reports\APPEALS\PLN2004-124 109 Rio Serena-AppeaLdoc
Attachment # 2
FINDINGS OVERTURNING THE ADMINISTRATIVE DENIAL OF PLN2004-124 AND
UPHOLDING THE APPEAL
SITE ADDRESS:
APPELLANT:
P.C. MEETING:
109 Rio Serena Avenue
Robert and Stephanie Mosley
October 28, 2004
Findings overturning the administrative denial of a Fence Exception to allow a zero side yard
setback along the street property line for a corner lot where five feet is required on property
located at 109 Rio Serena Avenue.
The Planning Commission finds as follows with regard to File No. PLN2004-124:
I. The Fence Exception is consistent with the General Plan land use designation of Low
Density Residential (less than 6 units per gross acre) and the R-1-6 (Single-Family
Residential) zoning designation.
2. The property is currently developed with a single-family residence and is located on the
southwest corner of Rio Serena Avenue and Villarita Drive. The land uses surrounding the
subject property are single-family homes on all sides.
3. The project qualifies as a Categorically Exempt project per Section 15303, Class 3 (New
Construction or Conversion of Small Structures) of the California Environmental Quality Act
(CEQA).
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The Fence Exception is consistent with the City's General Plan and Zoning Ordinance.
2. The fence would not impair pedestrian or vehicular safety.
3. The fence would result in a more desirable site layout.
4. The fence 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.
5. The fence would not be detrimental or injurious to property and improvements in the
neighborhood of the change.
6. 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.
J :\Reports\APPEALS\PLN2004-124 109 Rio Serena-AppeaLdoc
Attachment #3
9/2/04
Letter of Request
I am requesting a fence exception for my fence at 109 Rio Serena Ave. Campbell Ca.
We built the fence to blend in with the neighborhood fences and now the neighbor behind
us is complaining to the city.
We didn't know about the triangular area needed by the neighbors driveway. We can fix
that so it is the required 10 feet by 10 feet triangular area.
We can also take the lattice off of the top of the fence.
The one issue we have is moving the fence back 5 feet. We would have to hire the fence
company to do this and we can't afford the cost.
Weare already going to have to pay for replacement of a portion of the fence that the
neighbor behind us vandalized.
We have checked with the neighbors and all except the neighbor behind us approve of the
fence.
There is only a small 16 foot portion of fence that affects the neighbor behind us, and if
we cut the 10 foot triangular area out, there will only be 6 feet left.
When you go through the neighborhood 99% of all of the corner lots have fences to the
property line and we would like ours to be the same also.
We would like you to consider our fence exception.
Thank you
~-jo lh L ^ .. : '. . ~ -:-.\. ~..ìCb1vJ.
~~
Stephanie A. Mosley
Robert W. Mosley
Detail of Fence Section
Fence built along property line approx 70 feet.
Approximately 16 ft right rear and approx 23 ft right front.
Double gate and single gate in front.
Materials used:
4x4x8 pressured treated posts set in concrete 2 ft down
4x4x6 pressured treated posts set in concrete 2 ft down
2x12 pressured treated kick boards
2x4 solid frames (redwood common)
1 x8x5 fence boards (redwood common)
6 Galvanized hinges
18" lattice wi 2x4 cap
(will be removed)
Lattice to be removed and lOx 10 triangular section setback to be fixed by
Citation abate date of September 13,2004.
Fence will be 6 feet high when finished.
Dimension from centerline of street
From centerline of street to property line is: 25 feet plus 6 inches
From centerline of street in front to fence is: 51 feet plus 1 inch
Thank you
Stephanie Mosley
1 .
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September 23,2004
RECEIVED
SEP 2 2 2004
CITY. CLERK'S OfFICE
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RE: Fence Exception Appeal
File No: PLN2004-124
109 Rio Serena Ave.
We would like to file an Appeal regarding our Denied Fence Exception
dated September 14t\ 2004.
The fence next to the property line without the 5 foot setback;
(1) Does not impair pedestrian or vehicular safety because of the 10ft. by
10ft. triangular cut out at the end of the fence next to the neighbor's
driveway. We asked him if he could see pulling out of his driveway and he
said "yes". We also asked him if he was satisfied with the way the fence is
and he also said "yes". We removed the lattice from the top of the fence and
asked all the neighbors if the fence would impair pedestrian or vehicular
safety and they said it did not.
(2) The fence does provide a more desirable site layout because that area is
dirt and gravel and before the fence went up people walking their dogs, let
them potty on that area. The neighbors that look directly at the fence are
quite happy they are not looking at dogs relieving themselves anymore. If
we have to put a 5 foot setback, there is no water access to that area and the
dogs and cats will be back to relieving themselves in that area. The
neighbors also like the way the fence looks.
(3) The fence would not be detrimental to the health, safety, peace, morals,
comfort and general welfare of persons residing or working in the
neighborhood because we are out landscaping our yard almost everyday
after work and on the weekends and we are complimented on the fence
everyday. Everyone involved has signed the Fence Exception Consent Form
and we have had conversations with each of our neighbors and they have no
problem with the fence.
(4) The fence would not be detrimental or injurious to property and
improvements in the neighborhood. There are 12 comer houses with fences
on our street, 9 are to the property line and our fence fits right in with
everyone else's.
1
The 5 foot setback would not provide a more of a visual relief in the
streetscape than already exists with the fence next to the property line.
There is plenty of visibility before any cars or pedestrians reach the stop sign
on the comer. Our fence sits back 66 feet from the street to the front of
where the fence starts which leaves 66 feet of visibility.
We don't understand why we are being discriminated against for building a
fence like everyone else's in the neighborhood. We understand that when
the lattice was on the fence it was too tall and also the 10 by 10 cut out for
the neighbor driveway visibility. We have fixed those problems and would
like to keep the rest of the fence like it is. We built the fence in keeping with
the style of the neighborhood and even the neighbor that started this
complaint is now fine with the fence.
If you would please come out and take a look up and down our street, you
will see how our fence fits the style of the neighborhood.
All we are asking is to let us have our fence as it is, since all the neighbors
have no problem with it as it is and there are no safety issues, will you please
let us have a fence exception?
Attached are the signed fence exception consent forms and pictures of the
neighborhood houses that have fences like ours, some without driveway cut-
outs.
There is also a chain link fence across the street, which according to the city
is not to code also.
Please note that the white picket fence next to our fence is the neighbors.
Thank you
Stephanie Mosley
Robert Mosley
109 Rio Serena Ave.
Campbell, CA 95008
(408) 568-8816
~41r]
September 14,2004
Robert & Stephanie Mosley
109 Rio Serena Ave.
Campbell, CA 95008
Re:
Fence Exception Application
File No.: PLN2004-124
109 Rio Serena Ave.
Dear Mr. and Mrs. Mosley:
The Community Development Department has reviewed your application for a Fence Exception for the
required five-foot street side yard setback on property located at 109 Rio Serena Ave.
The Community Development Director may approve a Fence Exception for fences with lesser setbacks
than is required by Section 21.18.060 (Fences, Walls, Lattice, and Screens) of the Campbell Municipal
Code when it is found that the fence: (1) would not impair pedestrian or vehicular safety; (2) would result
in a more desirable site layout; (3) 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) would not
be detrimental or injurious to property and improvements in the neighborhood of the change.
The Director is unable to make the required findings and the Fence Exception is denied. The Director
finds that a six-foot fence along the street side yard property line without the required five-foot setback
will not result in a more desirable site layout and would be detrimental to the health, safety, peace,
morals, comfort or general welfare of persons residing or working in the neighborhood of the change.
These findings cannot be made because the proposed zero setback does not provide a visual relief in the
streetscape that is accomplished by providing an open space buffer between the fence and the sidewalk.
Please be advised that the existing non-conforming fence shall be made to comply with all requirements
of Section 21.18.060 (Fences, Walls, Lattice, and Screens) of the Campbell Municipal Code immediately.
This approval is final in 10 calendar days, unless an appeal to the Planning Commission is received in
writing at the City of Campbell City Clerk's Office, 70 N. First Street, Campbell, on or before Fridav.
September 24. 2004 at 5 :00 p.m. and accompanied by the required $100 appeal fee.
Sincerely,
Stephanie Willsey ()
Planner I
cc:
Geoff Bradley, Senior Planner
70 North First Street
Campbell, California 95008-1 43ti
TEL 408.8ti6,:2 f 40
lAX 408.871,5140
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My signature below, infonns the City of Campbell
that the fence at 109 Rio Serena Ave. Would not be
detrimental to the health, safety, peace, morals
comfort or general welfare of persons residing or
working in the neighborhood.
Thank you
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October 15,2004
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Planning Commission of the City of Campbell has set the time of
7:30 p.m., or shortly thereafter, on Tuesday, October 26. 2004 in the City Hall Council
Chambers, 70 North First Street, Campbell, California, for a Public Hearing to consider an
appeal of Robert and Stephanie Mosley appealing an Administrative Decision (PLN2004-124) to
deny a Fence Exception for property owned by Robert and Stephanie Mosley located at 109 Rio
Serena Avenue in an R-1-6 (Single Family Residential) Zoning District. Staff is recommending
that this project be deemed Categorically Exempt under CEQA.
Interested persons may appear and be heard at this hearing. Please be advised that if you
challenge the nature of the above project in court, you may be limited to raising only those issues
you or someone else raised at the Public Hearing described in this Notice, or in written
correspondence delivered to the City of Campbell Planning Commission at, or prior to, the
Public Hearing. Questions may be addressed to the Community Development Department at
(408) 866-2140.
Decisions of the Planning Commission may be appealed to the City Council. Appeals must be
submitted to the City Clerk in writing within 10 calendar days of an action by the Commission.
In compliance with the Americans with Disabilities Act, listening assistive devices are available
for all meetings held in the Council Chambers. If you require accommodation, please contact the
Community Development Department at (408) 866-2140, at least one week in advance of the
meeting.
PLANNING COMMISSION
CITY OF CAMPBELL
SHARON FIERRO
SECRETARY
PLEASE NOTE:
When calling about this Notice,
please refer to File No. PLN2004-124
Address: 109 Rio Serena Avenue
70 North First Street, Campbell, California 95008-1436
ITL 408,866,:2140 ' fAX 408,871.5140 ' TIJIJ 408,866,:2790
MEMORANDUM
To:
Site and Architectural Review Committee
Date: October 12,2004
From:
Geoff 1. Bradley, Senior Planner
Subject:
109 Rio Serena Avenue - Appeal of Administrative Denial ofFence Exception
PLN 2004-124
Background: On July 27, 2004 and August 19, 2004 the Planning Division received two separate
emails from Mrs. Mosley asking for a copy of the Fence Regulations and specific questions regarding
allowable fence heights and locations. Staff responded to both emails with information regarding the
City's Fence Regulations.
On August 18, 2004 the Community Development Department received a citizen complaint form
regarding a newly constructed fence that did not meet the requirements of the City's Fence Regulations
and was aesthetically unappealing due to its height and location located at 109 Rio Serena A venue. A
. site investigation was made by staff on August 20, 2004 as a result of the complaint and revealed that
the new fence was in violation of the three following Fence Regulations, pursuant to Section 21.18.060
of the Campbell Municipal Code:
1. A portion of the fence exceeds maximum height requirement of six feet;
2. The fence does not meet minimum street side yard setback requirements (5-feet) for a comer lot;
and
3. The fence does not meet the minimum setback requirements around driveways.
A Notice of Violation was sent to the property owners on August 23, 2004 requiring that they correct
or remove the fence violations no later than September 13, 2004.
The property owners have since abated two of the three fence violations by reducing the height of the
fence to six feet and modifying the fence to meet the vision triangle requirements around driveways.
The applicant submitted a Fence Exception application on September 2, 2004 requesting a zero side
yard setback along the street property line for a corner lot where five feet is required. The subject
fence is a six-foot tall, good neighbor style, wooden fence.
Project Location: The property is currently developed with a single-family residence and is located on
the southwest corner of Rio Serena Avenue and Villarita Drive. The land uses surrounding the subject
property are single-family homes on all sides.
SARC Report for PLN2004-124
Appeal of Administrative Denial of a Fence Exception -- 109 Rio Serena Avenue
Page 2
ANALYSIS
Fence Exception: The Community Development Director may approve a Fence Exception for fences
with lesser setbacks than is required by Section 21.18.060 (Fences, Walls, Lattice, and Screens) of the
Campbell Municipal Code when it is found that the fence: (1) would not impair pedestrian or vehicular
safety; (2) would result in a more desirable site layout; (3) 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) would not be detrimental or injurious to property and improvements in the
neighborhood of the change.
The Community Development Director denied the proposed Fence Exception application on
September 14,2004 because the she was unable to make the required findings. It was found that a six-
foot fence along the street side yard property line, without the required five-foot setback, would not
result in a more desirable site layout and would be detrimental to the health, safety, peace, morals,
comfort or general welfare of persons residing or working in the neighborhood of the change. These
findings were unable to be made because the proposed zero setback does not provide a visual relief in
the streetscape that is accomplished by providing an open space buffer and opportunity for landscaping
between the fence and the sidewalk.
The City's Zoning Code update came into effect on May 6, 2004. The Fence Regulations regarding
corner lots were amended in this Zoning Code update. Under the previous regulations, the subject
property would be considered an "other corner lot" because its' rear property line abuts the neighbors
side property line. Other corner lots were required to have a street side yard setback of fifteen feet
from the street side yard property line. Therefore, under the previous regulations the property owners
at this location would have been required to provide a 15-foot street side yard setback for their fence.
The current Fence Regulations no longer distinguish between other corner lots and regular corner lots
and require that all corner lots, regardless of their orientation to the adjacent lots, provide a street side
yard setback of five-feet and maintain vision triangles around driveways and the street corner
intersection.
Appeal: On September 22, 2004 the City received a letter from Robert and Stephanie Mosley
appealing the administrative denial of their Fence Exception application (PLN2004-124). The letter
requests the reconsideration of the denial of the Fence Exception by the Planning Commission. Staff
will provide photographs of the fencing at the SARC meeting.
October 5, 2004
Re:
PLN2004-124 - 109 Rio Serena Avenue - Fence Exception
Dear Applicant:
Please be advised that the above-referenced application has been scheduled for the following
meetings:
Site and Architectural Review Committee Meeting
Date: Tuesday, October 12,2004
Time: 6:05 p.m.
Location: Doetsch Conference Room, City Hall, 70 N. First Street, Campbell
Planning Commission Meeting
Date: Tuesday, October 26, 2004
Time: 7:30 p.m.
Location: City Hall Council Chambers, 70 N. First Street, Campbell
Should you have any questions or comments, please do not hesitate to contact me at (408) 866-
2140.
Geoff 1. Bradley
Senior Planner
cc:
Robert & Stephanie Mosley (Appellants and Property Owners)
109 Rio Serena Avenue
Campbell, CA 95008
70 North First Street, Campbell, CaliÍornia 95008.1436
TEL 408,866,2140
FAX 408,871.5140 ' TlJI) 408,866,:2790