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PC Res 4318RESOLUTION NO. 4318 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL UPHOLDING AN APPEAL (PLN2016- 200) OF A FENCE EXCEPTION (PLN2016-98) TO ALLOW A REDUCED SETBACK FOR A SIX FOOT TALL STREET SIDE FENCE AND A RELOCATED THREE-AND-ONE-HALF FOOT TALL FRONT YARD FENCE AT A CORNER LOT LOCATED AT 1071 LOVELL AVENUE. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents; the hearing was closed. The Planning Commission finds as follows with regard to file number PLN2016-200: 1. The property is currently developed with a single-family residence and is located on the northwest corner of Lovell Avenue and Sonuca Avenue. 2. The property is located within the San Tomas Area Neighborhood. 3. The Community Development Department received two separate citizen complaints citing concerns with the property's noncompliant fencing. 4. The proposed side yard fence with a zero setback will encroach into the public right- of-way and create a safety hazard for vehicles, bicycles, and pedestrians. 5. The Community Development Director's approval to relocate the side yard fence 6.5 feet from the power pole (1.5 feet from the property line) will still require a Fence Exception and one that the Planning Commission supports. 6. The current design of the existing front yard fence, with its ratio of open versus solid components, is consistent with the neighborhood and the San Tomas Area Neighborhood Plan so long as it is not located on City property. 7. The approved Fence Exception allows a maximum three-and-one-half feet tall front yard fence, not to extend beyond the property lines, with a design that includes some openness; and allows a maximum six foot tall solid street side fence with a six-and- one-half setback from the power pole, but outside of the 30 foot corner sight triangle. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The Fence Exception would not impair pedestrian or vehicular safety; ~ 2. The Fence Exception would result in a more desirable site layout; 3. The Fence Exception 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 Planning Commission Resolution No. 4318 PLN2016-200 - 1071 Lovell Avenue - Uphold Appeal Paae 2 of 2 4. The Fence Exception would not be detrimental or injurious to property and improvements in the neighborhood of the change. 5. This project is Categorically Exempt under Section 15303, Class 3 of the California Environmental Quality Act (CEQA) pertaining to accessory structures. THEREFORE, BE IT RESOLVED that the Planning Commission upholds an Appeal (PLN2016-200) of a Fence Exception (PLN2016-98) to allow a reduced setback for a six foot tall street side fence and a relocated three-and-one-half foot tall front yard fence at a corner lot located at 1071 Lovell Avenue, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 9th day of August, 2016, by the following roll call vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Bonhagen, Dodd, Finch, Kendall, Rich and Young Reynolds None ~ None APPROVED: ATTEST: ' Paul Kermoyan, Secretary Exhibit A CONDITIONS OF APPROVAL Appeal of Fence Exception - 1071 Lovell Avenue - PLN2016-200 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. COMMUiVITY DEVELOPIVIENT DEPARTMENT 1. Approved Proiect: Approval is granted for a Fence Exception (PLN2016-200) to allow a maximum three-and-one-half feet tall front yard fence, not to extend beyond the property lines, with a design that includes some openness; and to allow a maximum six foot tall solid street side fence with a six-and-one-half setback from the power pole, but outside of the 30 foot corner sight triangle, located at 1071 Lovell Avenue. The project shall substantially conform to the attached Exhibit B dated August 9, 2016, except as may be modified by the Conditions of Approval contained herein. 2. Permit Expiration: The Fence Exception (PLN2016-200) approval shall be valid for one (1) year from the date of final approval. 3. Revised Plans: Revised plans consistent with the Planning Commission decision shall be submitted to the Planning Division no later than September 8, 2016. 4. Existing Noncompliant Fencinq: The existing noncompliant fencing shall be removed entirely or relocated consistent with the Planning Commission decision no later than October 8, 2016. 5. Expiration of Approval and Abatement of Violation: If the appellant fails to satisfy the deadline requirements of Condition No. 3 or Condition No. 4, this Fence Exception shall be deemed void. The City shall take all necessary and appropriate action to abate the violation. Any and all cost associated with abatement shall be liened against the property as allowed by law. 6. New Fences/Walls/Lattices/Screens: Any newly proposed fencing, walls, lattices, and/or screens shall comply with Section 21.18.060 of the Campbell Municipal Code and shall be submitted for review and approval by the Community Development Department.