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CC Resolution 10198 . RESOLUTION NO. 10198 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL GRANTING A FENCE EXCEPTION 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 IN A P- D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF STEPHEN GUZZETTI & TERRY MCELROY. FILE NO. PLN 2003-53. 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 City Council did find as follows with respect to application PLN 2003-53: 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. 3. The entry trellises 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. 5. 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 upon the foregoing findings of fact, the City Council 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. 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. The applicant is hereby notified, as part of this application, that (s)he is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. 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, r .. City Council Resolution PLN 2003-53 - 41 & 51 Mission Way - Fence Exception ordinances, laws and regulations, and accepted engineering practices, for the items under review. Additionally, the applicant is hereby notified that (s)he 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: 1. Proiect 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 17thday of June AYES: NOES: ABSENT: ABSTAIN : , 2003, by the following roll call vote: COUNCILMEMBERS: Watson, Kennedy, Dean, Burr, Furtado COUNCILMEMBERS: None COUNCILMEMBERS: None ~ COUNCILMEMBERS: None _ APPROVED: .~