PC Res 3494RESOLUTION NO. 3494
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING A FENCE EXCEPTION (PLN2003-
28) TO ALLOW REDUCED SETBACKS FOR THE PLACEMENT OF
SIDEYARD FENCES ON THREE PROPERTIES OWNED BY
BRADDOCK & LOGAN GROUP II, LOCATED AT 1443 AND 1459 W.
HACIENDA AVENUE AND 1241 CHAMBERLIN COURT IN AN R-
1-9 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT.
APPLICATION OF MR. JIM SULLIVAN, ON BEHALF OF
BRADDOCK & LOGAN GROUP II. FILE NO. PLN2003-28.
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 PLN2003-28:
The fence exception at 1459 West Hacienda Avenue consists of a six-foot high wood fence with
four feet, eight inches of vertical solid wood board fencing and one foot, four inches of lattice on
the top located seven feet from the street side property line along Chamberlin Court where a 15-
foot setback is typically required.
The fence exception at 1241 Chamberlin Court consists of a six-foot high vertical solid wood
board fence with stone veneer pilasters located five feet from the street side property line along
South San Tomas Aquinas Road where a 15-foot setback is typically required.
The fence exception at 1443 West Hacienda Avenue consists of a six-foot high wood fence with
four feet, eight inches of vertical solid wood board fencing and one foot, four inches of lattice on
the top located ten feet from the street side property line along South San Tomas Aquinas Road
where a 15-foot setback is typically required.
The proposed location of the fencing closer the public right-of-way would allow for more
reasonable use of the side yard areas while also providing for an appropriate amount of
landscaping between the street and fencing to create an attractive streetscape.
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 fence exception does not impair vehicular or pedestrian safety.
Planning Commission Resolution No. 3494
PLN2003-28 -- 1443 and 1459 W. Hacienda/1241 Chamberlin Court-Fence Exception
Page 2
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.
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.
5. The fence exception will 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 (PLN2003-28) to allow reduced setbacks for the placement of sideyard fences on
three properties owned by Braddock & Logan Group II, located at 1443 and 1459 West
Hacienda Avenue and 1241 Chamberlin Court, 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
Project Approval: Project approval shall substantially comply with the Tree and Fencing Site
Plan and exhibits. A fence exception is granted for the properties located at 1443 and 1459
West Hacienda Avenue and 1241 Chamberlin Court to allow:
a. Lot #2- 1459 West Hacienda Avenue: A six-foot high wood fence with four feet, eight
inches of vertical solid wood board fencing and one foot, four inches of lattice on the top
located seven feet from the street side property line along Chamberlin Court where a 15-
foot setback is typically required.
b. Lot//14- 1241 Chamberlin Court: A six-foot high vertical solid wood board fence with
stone veneer pilasters located five feet from the street side property line along South San
Tomas Aquinas Road where a 15-foot setback is typically required.
c. Lot #30- 1443 West Hacienda Avenue: A six-foot high wood fence with four feet, eight
inches of vertical solid wood board fencing and one foot, four inches of lattice on the top
located ten feet from the street side property line along South San Tomas Aquinas Road
where a 15-foot setback is typically required.
Planning Commission Resolution No. 3494
PLN2003-28 -- 1443 and 1459 W. HaciendaJ1241 Chamberlin Court-Fence Exception
Page 3
Landscaping Between Fencing and Public Rights-of-Way: The street side yards for the
properties at 1443 and 1459 West Hacienda Avenue and 1241 Chamberlin Court shall be
landscaped with a combination of tuff, groundcover and shrubs and maintained in a neat and
orderly condition. Any weeds shall be removed and any diseased or dead lawn, trees, ground
cover or shrubbery shall be removed and replaced. All lawn areas shall be neatly mowed and
trees and shrubs shall be neatly trimmed. Maintenance shall include pruning, mowing,
weeding, clearing of debris and trash, fertilizing and regular watering. Any landscaping
which is removed or altered must be immediately replaced with landscaping of like kind and
quality unless otherwise approved by the Community Development Director. Irrigation
systems shall be maintained in sound operating condition with heads periodically cleaned and
replaced when missing to ensure continued regular watering of landscape areas, and health
and vitality of landscape materials.
PASSED AND ADOPTED this 27th day of May, 2003, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Francois, Hernandez, Jones and Rocha
None
None
Gibbons ~ _
APPROVED:
Sharon Fierro, Secretary