PC Res 3967RESOLUTION NO. 3967
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING A FENCE EXCEPTION PERMIT
(PLN2009-111) TO ALLOW THE CONSTRUCTION OF A SIX-FOOT
FENCE WITHIN A FRONT SETBACK ON PROPERTY OWNED BY
MR. JOHN KIRKORIAN LOCATED AT 175 CRISTICH LANE IN THE
M-1-S (LIGHT INDUSTRIAL) ZONING DISTRICT. APPLICATION OF
MR. FREDDY SEEN, ON BEHALF OF BANDUCCI ASSOCIATES
ARCHITECTS, INC. FILE NO. PLN2009-111.
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 PLN2009-111.
1. The proposed front yard Fence Exception consists of a six foot wrought iron fence with
a height of 72 inches above the finished grade of the subject property where a 42 inch
fence is typically permitted.
2. The proposed fence height is not detrimental to the visual appearance of the subject
property.
3. The proposed fence height extension does not impair pedestrian or vehicular visibility.
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 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.
THEREFORE, BE IT RESOLVED that the Planning Commission grants a Fence Exception
(PLN2009-111) to allow the construction of a six-foot fence within a front setback on
property owned by Mr. John Kirkorian located at 175 Cristich Lane in the M-1-S (Light
Industrial) Zoning District.
Planning Commission Resolution No. 3967
PLN2009-111 - 175 Cristich Lane -Fence Exception
Page 2
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, 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:
1. Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning
Commission approval, the applicant and property owner shall sign the final, approved
set of Conditions of Approval. Until said Conditions are signed, the proposed Use
Permit shall not be valid for any permits sought from the City.
Ackn dged & Accepted:
~o /.?-1 GAS
Freddy Seen Date
~o•-Zi-c9
John Kirkori n Date
2. Approved Project: Approval is granted for a Fence Exception (PLN2009-111) to allow
the construction of a new six foot wrought iron fence immediately behind the required
front landscaping along the front property line (after land dedication). The proposed
fencing design shall conform to the project shall substantially conform to the project
plans, with the revised construction location described previously, received by the
Planning Division on August 10, 2009, except as may be modified by the Conditions of
Approval contained herein.
3. Fences/Walls: All existing and proposed fencing shall comply with the City of Campbell
Fence Ordinance. The maximum height for any existing or proposed fence shall not
exceed six feet from finished grade. Fence height shall include any retaining wall or
lattice under or attached to the fence.
4. Conditions of Approval: All of the Conditions of Approval for PLN2009-82, PLN2009-83
and PLN2009-110 are adopted by reference.
Planning Commission Resolution No. 3967
PLN2009-111 - 175 Cristich Lane -Fence Exception
Page 3
PASSED AND ADOPTED this :
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
13~" day of October, 2009, by the following roll call vote:
Alster, Cristina, Gibbons, Reynolds, Rocha and
Roseberry
None
Ebner
None
APPROVED: Elizabeth Gibbons, Acting Chair
ATTEST: Kirk Heinrichs, Secretary