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63-22
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Last modified
6/17/2022 4:22:02 PM
Creation date
6/17/2022 4:09:22 PM
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Resolutions
Number
63-22
Date
06/16/2022
Description
Adopting Supplemental Findings for Resolution NO. 48-22 Denying an Appeal of the Planning Commission Imposed Conditions of Approval for a Zoning Permit for a New Fencing at 28001 Elena Road
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EXHIBIT A <br />SUPPLEMENTAL FINDINGS <br />1. Based on the entirety of the record before it, which includes without limitation: the Los Altos <br />Hills General Plan; the Los Altos Hills Municipal Code, including but not limited to the Los <br />Altos Hills Fence Ordinance and zoning and site development codes; the Los Altos Hills Land <br />Use Diagram; all applications, correspondences, all oral and written comments, site plans, and <br />all reports, submittals, presentations, recordings, minutes, written correspondence, and public <br />testimony submitted as part of the duly noticed July 6, 2021 Site Development public hearing, <br />the Los Altos Hills Planning Commission's duly noticed August 5, 2021, October 7, 2021, <br />January 13, 2022 and March 3, 2022 public hearings, and the City Council's duly noticed April <br />21, 2022 public hearing; and any other evidence and testimony presented in the record below, <br />the City Council of the Town of Los Altos Hills makes the following supplemental findings <br />with regard to the adoption of Resolution No. 48-22 on April 21, 2022 denying an appeal of <br />the Planning Commission Imposed Conditions of Approval for a Zoning Permit for new <br />fencing at 28001 Elena Road (APN 182-02-016)(ZP21-0047) ("Zoning Permit"): <br />a. The May 27, 2021 Zoning Permit application for new fencing at 28001 Elena Road was <br />considered and acted upon by the Planning Commission in accordance with the procedures <br />set forth under the Los Altos Hills Municipal Code. <br />Under Los Altos Hills Municipal Code Section 10-1.507, otherwise known as the Town's <br />Fence Ordinance, either a Zoning Permit or a Site Development Permit would be required <br />in order to construct new fences. Section 10-1.507(e)(3) of the Municipal Code states that <br />Zoning Permit requests for certain types of fences are to be reviewed by the Planning <br />Director with notice to adjacent neighbors and pursuant to a public hearing with such <br />notice. This includes, among other things, vinyl coated chain-link fences along any road <br />right-of-way, fences or walls longer than one thousand (1,000) linear feet, and any fence <br />proposal "deemed appropriate by the Planning Director for a noticed hearing." The <br />Planning Director is to provide public notice and conduct the permit review hearing <br />pursuant to Section 10-2.1305(b), except that public notice is only required to be <br />provided to adjacent neighbors. Section 10-2.1305(b) then provides the Planning Director <br />the authority to either deny the permit; to review and issue the permit with reasonable <br />conditions of approval; or to refer such fence Zoning Permit applications to the Planning <br />Commission. The Planning Commission is tasked with reviewing and either approve or <br />deny the application under Section 10-2.1305(c). <br />The Zoning Permit application was filed on May 27, 2021. It was first considered at a <br />duly noticed Site Development public hearing on July 6, 2021. A number of public <br />comments raised concerns about property boundaries, wildlife movements throughout the <br />property, the sloped features of the property and the proposed chain-link fence designs. <br />Based on these concerns, the application was referred to the Planning Commission by the <br />Planning Director pursuant to the authority under Sections 10-1.507(e) (including <br />subsection (e)(3)) and 10-2.1305(b). The Planning Commission reviewed the application <br />at four (4) duly noticed public hearings: August 5, 2021, October 7, 2021, January 13, <br />Resolution 63-22 Page 3 <br />
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