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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