CC Resolution 12049BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RESOLUTION NO. 12049
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL UPHOLDING AN APPEAL OF A FENCE EXCEPTION
(PLN2016-200) TO ALLOW A REDUCED SETBACK FOR A SIX
FOOT TALL STREET SIDE FENCE AND THE EXISTING FRONT
FENCE TO REMAIN IN THE PUBLIC RIGHT-OF-WAY ALONG
LOVELL AVENUE AT A CORNER LOT LOCATED AT 1071
LOVELL AVENUE. FILE NO: PLN2016-200
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 City Council finds as follows with regard to file number PLN2016-200:
1. The property is currently developed with asingle-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 City Council 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.
7. The approved Fence Exception allows the existing front fence to remain within the
public right-of-way along Lovell Avenue subject to the appellant entering into a
Private Improvement Agreement with the Public Works Department; and allows a
maximum six foot tall solid street side fence with asix-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 City Council 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
4. The Fence Exception would not be detrimental or injurious to property and
improvements in the neighborhood of the change.
City Council Resolution
Denying an Appeal
PLN2016-200 - 1071 Lovell Avenue
Page 2 of 2
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 City Council upholds the appeal of a Fence
Exception (PLN2016-200) to allow a reduced setback for a six foot tall street-side fence
and the existing front fence to remain in the public right-of-way along Lovell Avenue at a
corner lot located at 1071 Lovell Avenue, subject to the attached Conditions of Approval
(attached Exhibit A).
PASSED AND ADOPTED this 20~h day of September, 2016, by the following roll call vote:
AYES: COUNCILMEMBERS: Kotowski, Resnikoff, Gibbons, Baker
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cristina
ABSTAIN: COUNCILMEMBERS: None
APPROVED: 1
J n T. Baker, Mayor
ATTEST:
Wendy ood, City Clerk
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.
COMMUNITY DEVELOPMENT DEPARTMENT
1. Approved Protect: Approval is granted for a Fence Exception (PLN2016-200) to allow
the existing front fence to remain within the public right-of-way along Lovell Avenue
subject to the appellant entering into a Private Improvement Agreement with,the Public
Works Department; and a maximum six foot tall solid street side fence with asix-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 City Council decision shall be
submitted to the Planning Division no later than October 20, 2016.
4. Existing Noncompliant Fencing: The existing noncompliant fencing shall be removed
entirely or relocated consistent with the City Council decision no.later than November
19, 2016.
5. Expiration of Approval and Abatement of Violation: If the appellant fails to satisfy the
deadline requirements of Condition No. 3, Condition No. 4, or Condition No. 7, 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.
7. Private Improvement Agreement: Within 30 days of the effective date of this approval,
the appellant shall enter into a Private Improvement Agreement with the Campbell
Public Works Department to allow the existing front fence approved by this Fence
Exception to remain in the public right-of-way along Lovell Avenue.
1071 Lovell Avenue Fence Exception Exhibit B August 9, 201 b
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