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PC Res 3496RESOLUTION NO. 3496 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A FENCE EXCEPTION (PLN2003-53) TO ALLOW THE CONSTRUCTION OF A WOOD ENTRY TRELLIS THAT IS 8 FEET, 4 INCHES TALL ON LOT A AND A TRELLIS THAT IS 8 FEET, 3 INCHES TALL ON LOT B ON PROPERTY OWNED BY MR. TERRY McELROY AND MR. STEPHEN GUZZETTI LOCATED AT 41 & 51 MISSION WAY IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. TERRY McELROY AND MR. STEPHEN GUZZETTI. FILE NO. PLN2003-53. After notification and public hearing, as specified by law, and after presentation Community Development Director, proponents and opponents, the heating was closed. by the After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2003-53: 1. The fence exception at 41 Mission Way consists of an entry trellis that is 8 feet, 3 inches tall. 2. The fence exception at 51 Mission Way consists of an entry trellis that is 8 feet, 4 inches tall. The entry trellis' are attractive and are complimentary with the craftsman-style character of the new residences. Because Mission Way does not have a rolled curb or sidewalks, the fences and entry trellises help to delineate the properties from the roadway. 4. Letters of consent have been submitted from the property owners on Mission Way. 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. 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. Planning Commission Resolution No. 3496 PLN2003-53 - 41 & 51 Mission Way- Fence Exception Page 2 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a Fence Exception (PLN2003-53) to allow the construction of a wood entry trellis that is 8 feet, 4 inches tall on Lot A and a trellis that is 8 feet, 3 inches tall on Lot B on property owned by Mr. Terry McElroy and Mr. Stephen Guzzetti located at 41 & 51 Mission Way, 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 Planning Division Project Approval: Project approval shall substantially comply with the Fencing Plan and Elevations prepared by David R. Fox and Company received by the Planning Division on May 1, 2003. A Fence Exception is granted to allow the construction of a wood entry trellis that is 8 feet, 3 inches tall at 41 Mission Way and a trellis that is 8 feet, 4 inches tall at 51 Mission Way. This approval shall only be valid in conjunction with an approved Planned Development Permit (PLN 2000-174). PASSED AND ADOPTED this 27th day of May, 2003, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Commissioners: Commissioners: Commissioners: Commissioners: APPROVED: Alderete, Doorley, Francois, Gibbons, Hemandez, Jones and Rocha None None None