CC Resolution 10210
RESOLUTION NO. 10210
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL DENYING AN APPEAL OF TWO IMPOSED
CONDITIONS OF APPROVAL AND UPHOLDING THE PLANNING
COMMISSION APPRO V AL OF A FENCE EXCEPTION (PLN2003-29)
TO ALLOW A 52-INCH HIGH FENCE WITHIN THE I5-FOOT FRONT
YARD SETBACK, AN 88-INCH HIGH INTERIOR SIDE YARD FENCE
AND A 72-INCH HIGH STREET SIDEY ARD FENCE (WITH FOUR-
INCH DECORATIVE CAPS FOR A TOTAL HEIGHT OF 76 INCHES)
AS WELL AS ALLOWING ONE FOUR-FOOT WIDE GATE ALONG
THE STREET SIDEY ARD FENCE ON PROPERTY OWNED BY MR.
DUSTIN CASTRO LOCATED AT 1058 LENOR WAY IN AN R-1-6
(SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT. APPEAL 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 City Council did find as follows with
respect to application PLN2003-29.
1. 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.
2. 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.
3. 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. Removal of Planning
Commission Resolution 3493 Condition of Approval No. I.c would result in a fence height
of 88 inches, resulting in an undesirable site layout due to visual incompatibility with
surrounding properties.
4. The proposed fence heights are not detrimental to the visual appearance of the subject fence
with the height extension and other approved fences on the property. Removal of Planning
Commission Resolution 3493 Conditions of Approval No. I.c and 2 would be injurious to
property and improvements in the neighborhood or the general welfare of the City in that the
fence would visually impair the sidewalk area on Lenor Way.
5. The proposed fence heights enhances the aesthetic appearance by providing additional
variation and wood details. Removal of Planning Commission Resolution 3493 Condition of
Approval No.2, which requires that the existing gate be reconstructed to match the
surrounding fence, would result in an unattractive fence design that would be detrimental to
City Council Resolution 10210
PLN2003-29-1058 Lenor Way
Denying Appeal and Upholding Approval a Fence Exception
Page 2
the health, safety, peace, moral, comfort or general welfare of persons residing or working
the neighborhood.
6. The proposed fence heights do not impair pedestrian or vehicular visibility.
7. The project qualifies as a Categorically Exempt project per Section I5303(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 City Council further finds and concludes that:
1. The requested fence exception does not impair pedestrian or vehicular safety.
2. The requested fence exception results in a desirable fence design.
3. 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 City Council denies an appeal of two
imposed Conditions of Approval, upholding the Planning Commission's approval of a Fence
Exception (PLN2003-29) to allow a 52-inch high fence within the IS-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-I-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. Proiect 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
City Council Resolution 10210
PLN2003-29-1058 Lenor Way
Denying Appeal and Upholding Approval a Fence Exception
Page 3
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 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.
3. 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.
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 15th day of
call vote:
July
, 2003, by the following roll
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Watson, Kennedy, Burr, Furtado
Dean
None
ATTEST:
t2~
Anne Bybee, City Clerk