PC Res 3493RESOLUTION NO. 3493
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING A FENCE EXCEPTION (PLN2003-
29) TO ALLOW A 52-INCH HIGH FENCE WITHIN THE 15-FOOT
FRONT YARD SETBACK, AN 88-INCH HIGH INTERIOR SIDE YARD
FENCE AND A 72-INCH HIGH STREET SIDEYARD FENCE (WITH
FOUR-INCH DECORATIVE CAPS FOR A TOTAL HIEGHT OF 76
INCHES) AS WELL AS ALLOWING ONE FOUR-FOOT WIDE GATE
ALONG THE STREET SIDEYARD FENCE ON PROPERTY OWNED
BY MR. DUSTIN CASTRO LOCATED AT 1058 LENOR WAY IN AN R-
1-6 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION
OF MR. DUSTIN CASTRO. FILE NO. PLN2003-29.
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 PLN2003-29:
The proposed front yard fence exception (Fence A) consists of a solid wooden fence with a
height of 45 inches and decorative caps of 52 inches above the existing grade of the subject
property where a 42-inch fence is typically permitted.
The proposed interior side yard fence exception (Fence B) consists of a solid wooden fence
with a height of 72 inches, lattice with a height of 84 inches and decorative caps of 88 inches
above the existing grade of the subject property where a 72-inch fence is typically permitted.
o
The proposed street side yard fence exception (Fence C) consists of a solid wooden fence
with a height of 72 inches and decorative caps of 76 inches above the existing grade of the
subject property where a 72-inch fence is typically permitted.
4. The proposed fence height extension is not detrimental to the visual appearance of the subject
fence with the height extension and other approved fences on the property.
5. The proposed fence height extension enhances the aesthetic appearance by providing
additional variation and wood details.
6. The proposed fence height extension does not impair pedestrian or vehicular visibility.
The project qualifies as a Categorically Exempt project per Section 15303(e), 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 requested fence exception does not impair pedestrian or vehicular safety.
Planning Commission Resolution No. 3493
PLN2003-29 -- 1058 Lenor Way- Fence Exception
Page 2
2. The requested fence exception results in a desirable fence design.
The requested fence exception will not be detrimental to the health, safety, peace, morals,
comfort or general welfare of persons residing or working in the neighborhood of such
proposed use, or will be not be detrimental or injurious to property and improvements in the
neighborhood or to the general welfare of the City.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a Fence
Exception (PLN2003-29) to allow a 52-inch high fence within the 15-foot front yard setback, an
88-inch high interior side yard fence and a 72-inch high street sideyard fence (with four-inch
decorative caps for a total height of 76 inches) as well as one four-foot wide gate along the street
sideyard fence on property owned by Mr. Dustin Castro located at 1058 Lenor Way in an R-1-6
(Single Family Residential, 6,000 square foot minimum lot size) Zoning District, subject to the
following conditions:
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. Project Approval: Project approval shall substantially comply with the applicant's revised
request dated April 13, 2003, Site Plan received on April 18, 2003, exhibits and photographs.
A fence exception is granted for the property located at 1058 Lenor Way to allow:
a. Fence A: 52 inch high solid wood fence with decorative posts and caps within the fifteen
foot front yard setback
b. Fence B: 88 inch high solid wood fence with lattice and decorative caps on the interior
side property line
c. Fence C: 72 inch high solid wood fence with four-inch decorative caps (for a total height
of 76 inches) as well as one four-foot wide gate along the street sideyard property line of
the subject property, which shall be modified within 30 days of approval to the
satisfaction of the Community Development Director.
2. The applicant shall remove the gate and hardware from Fence C and install a permanent post
in the center of the street side yard driveway. The design of the fence over the portion of the
street side yard driveway shall be the same design as the remaining street side yard fencing.
o
Any modification to Fence C, street side yard fence, to allow for vehicular use of the
driveway is not approved as part of the Fence Exception and would require a separate Fence
Exception approval.
Planning Commission Resolution No. 3493
PLN2003-29 -- 1058 Lenor Way- Fence Exception
Page 3
4. The applicant shall install and maintain landscaping along and within the one-foot wide
planting area on the street side of Fence C.
PASSED AND ADOPTED this 13th day of May, 2003, by the following roll call vote:
AYES: Commissioners: Alderete, Doorley, Francois, Hernandez and Jones
NOES: Commissioners: Gibbons and Rocha
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
APPROVED:"'----"~ "'
/,~ Joseph Hernan~ez, Chair
Sharon Fierro, Secretary