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PC Res 3578 RESOLUTION NO. 3578 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A FENCE EXCEPTION (PLN2004- 87) TO ALLOW SEVEN FOOT HIGH FENCING ON PROPERTY OWNED BY THE CAMPBELL UNION SCHOOL DISTRICT LOCATED AT 775 WALDO ROAD IN A P-F (PUBLIC FACILITIE) ZONING DISTRICT. APPLICATION OF MS. VIRGINIA FANELLI, ON BEHALF OF CANYON HEIGHTS ACADEMY. FILE NO.: PLN2004-87. 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 did find as follows with respect to application PLN2004-87: 1. The Fence Exception at 775 Waldo Road consists of a seven-foot high cyclone fence located around the preschool playground area and on a portion of the front property line along Waldo Road where a IS-foot setback is typically required. 2. The proposed location of the fencing within the front yard setback would separate the preschool playground area from the public right-of-way and provide a secure playground area for the preschool age children. 3. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing Facilities) ofthe California Environmental Quality Act (CEQA). Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The fence exception does not impair vehicular or pedestrian safety. 2. The fence exception results in a more desirable site layout. 3. The fence exception will not be detrimental to the health, safety, peace, morals, comfort or general welfare of the City. 4. The fence exception will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. 5. 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. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a Fence Exception (PLN2004-87) to allow seven foot high fencing on property owned by the Campbell Union School District located at 775 Waldo Road in a P-F (Public Facilities) Zoning District, subject to the following conditions. Planning Commission Resolution No. 3578 PLN2004-87 -775 Waldo Road - Fence Exception - Canyon Heights Academy Page 2 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. 1. Proiect Approval: Project approval shall substantially comply with the Site Plan, dated as received by the Planning Division on July 6, 2004. A fence exception is granted for the property located at 775 Waldo Road to allow a seven-foot high vinyl coated cyclone fence around the preschool playground area and on a portion of the front property line along Waldo Road where a IS-foot setback is typically required. 2. Fencing Plan: The applicant shall submit a detailed fencing plan to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director for compliance with all applicable Conditions of Approval, ordinances, laws and regulations. 3. Building Permit: The applicant shall obtain a building permit for the proposed fencing over six - feet in height. PASSED AND ADOPTED this 27th day of July, 2004, by the following roll call vote: AYES: Commissioners: Doorley, Francois, Gibbons, Hernandez, Rocha and Roseberry None Alderete None NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: APPROVED' ATTEST: '~st~