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PC Res 3193RESOLUTION NO. 3193 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A FENCE EXCEPTION FOR PROPERTY LOCATED 1415 RIDGELEY DRIVE IN AN R-l-6 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MR. DAVID LOOP. FILE NO. E 98-05. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the heating was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application E 98-05: 1. The subject fence is six feet and six inches above the existing grade of the subject property. 2. The subject fence is consistent with the existing fence on the subject property. 3. The subject fence is constructed of quality materials and enhances the appearance of the subject property. 4. The proposed fence will provide privacy for the applicant due to the grade change between the subject property and the adjacent property. 5. The conditions of approval provide for a reasonable solution to resolve the aesthetic concerns of the adjacent property owner. 6. The conditions of approval require the applicant to modify the fence which will improve the visual transition between the existing fences on the adjacent property. Based upon 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 more desirable layout of the applicant's property. The establishment, maintenance, and/or operation of the use applied for 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 be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. Planning Commission Resolution No. 3193 E 98-05 - 1415 Ridgeley Drive- David Loop Page 2 The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinance 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. 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: Approved Proiect: A fence exception is granted for the property located at 1415 Ridgeley Drive to allow a six foot, six inch redwood fence along the entire rear property line. Project approval shall substantially comply with the applicant's project plans dated October 2, 1998 except as modified herein. 2. Modification to Fence: The applicant shall modify the 11 foot section of the fence bordering the property located at 1428 Cronwell Drive in one of the following ways: Reconstruct the fence as originally agreed. Reconstruct the fence with one kickboard at the base, and substitute a longer vertical board to match the height fence on the applicant's property, or Bo Modify Existing Fence. Retain the existing fence as constructed and attach a 20 inch framed lattice panel across the back of the fence (not exceeding the highest portion) to enhance the visual transition between the two fences. (See attached diagram) Lattice: Reconstruct the fence to match the existing rear yard fence at 1428 Cronwell and add a 20-inch open lattice panel at the top of the fence. The height of the fence shall not exceed 6 feet, 6 inches from the applicant's property. Completion of Fence Modification: The applicant shall modify the fence as described in Condition No. 2 within 30 days from the date of the approved fence exception. The manner in which the fence is modified shall be subject to approval by the property owner of 1428 Cronwell Drive. Building Permit: The applicant shall obtain all necessary building permits and clearances from the Building Division for the fence approved under the E 98-05. Prior to reconstructing the fence as required in Condition of Approval No. 2, the applicant shall submit building plans to the Building Division. Planning Commission Resolution No. 3193 E 98-05 - 1415 Ridgeley Drive - David Loop Page 3 o Final Inspection: The applicant shall contact the Community Development Department after modifying the fence to schedule an inspection to verify completion of the modification. PASSED AND ADOPTED this 13th day of October, 1998, by the following roll call vote: AYES: Commissioners: Francois, Gibbons, Jones, Keams, Lindstrom, Meyer-Kennedy NOES: Commissioners: None ABSENT: Commissioners: Lowe ABSTAIN: Commissioners: None APPROVED: Steve Plaseck~, ~ecretary Brad Jones, Ac~i~h~ir