PC Res 3598
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-1-6 (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-1-6 (Single-Family
Residential) zoning designation.
2. The property is currently developed with a single-family residence and is located on the
southwest comer 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 Resolution No. 3598
Granting an Appeal and Overturning the Administrative Decision Denying a Fence Exception
PLN2004-l24 - 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-l24) 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
ATTEST:
APPROVED:
~~
/Sharon Fierro, Secretary
Ge