PC Res 3531RESOLUTION NO. 3531
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING A FENCE EXCEPTION (PLN2003-
126) FOR A SIDEYARD FENCE ON PROPERTY OWNED BY PETER
AND AUDREY KIEHTREIBER LOCATED AT 1509 WALNUT DRIVE
IN AN R-l-10 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT.
FILE NO. PLN2003-126.
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 PLN2003-126:
The proposed side yard fence exception (Fence A) consists of a solid wooden fence with a
height of 96 inches above the existing grade of the subject property where a 72 inch fence is
typically permitted.
The proposed side yard fence exception (Fence B) consists of a solid wooden fence with a
height of 84 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 54 inches above the existing grade of the subject property where a 42-inch
fence is typically permitted.
4. The proposed fence height extension is not detrimental to the visual appearance of the subject
fence on the property.
5. The proposed fence height extension does not impair pedestrian or vehicular visibility.
o
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.
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.
Planning Commission Resolution No. 3531
PLN2003-126 -- 1509 Walnut Drive- Fence Exception
Page 2
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves a Fence
Exception (PLN2003-126) for a sideyard fence on property owned by Peter and Audrey
Kiehtreiber located at 1509 Walnut Drive an R-l-10 (Single Family Residential) 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 request
dated November 26, 2003, Site Plan received on October 20, 2003, exhibits and photographs.
A fence exception is granted for the property located at 1509 Walnut Drive to allow a good
neighbor board on board wood fence along the southerly property line:
a. Fence A: 96 inches (eight foot) high good-neighbor board on board style fence for 66
feet.
b. Fence B: 84 inches (seven foot) high good-neighbor board on board style fence for 109
feet.
c. Fence C: 54 inches (four and one-half foot) high good-neighbor board on board style
fence for 15 feet.
Building Permits: The applicant shall obtain a building permit for any fencing over 6 feet in
height. The fence materials shall be reviewed and approved by the Building Official to
ensure that the fence is long lasting and durable.
PASSED AND ADOPTED this 9th day of December, 2003, by the following roll call vote:
AYES: Commissioners: Doorley, Francois, Gibbons and Rocha
NOES: Commissioners: Alderete, Hemandez and Roseberry.
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None .- ........ .('/ /; / I
APPROVED:(' ~f~"~ ~'~
ATTEST: ./,,"~,~ ~'~.~'
'/b~on Fierro, Secretary