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In reviewing the public hearing records and other evidence presented before the <br />Commission and City Council, there are also ample evidence showing that conditions <br />relating to wildlife -friendly fencing and preservation of natural appearances at the subject <br />property were reasonable to address specific concerns raised to the Planning Commission <br />during the public hearings. At the outset, a portion of the subject property is located within <br />an Open Space Conservation Area as shown on the Town's Land Use Diagram, and also <br />contains steep sloped topography adjoining neighboring sites. There was testimony <br />presented with respect to a 2006 potential wildlife movement corridor study conducted by <br />Live Oak Associates showing the presence of wildlife movement at the subject property. <br />Additionally, multiple neighbors, Town committee members, and the commissioners have <br />provided testimony or voiced concerns about the proposed fencing restricting or preventing <br />wildlife movement on the property due to sighting of deer. Although the applicant never <br />specified the location of proposed plantings or crops, the Commission discussed during the <br />public hearing configurations of fencing that could both protect potential crops to be <br />planted and allow wildlife to move through the perimeters of the subject parcel. This <br />included examples of alternative configurations from properties located at Natoma Road <br />and Robleda Road. Ultimately, the Commission made modifications to the fencing design <br />to incorporate wildlife -friendly fences at various points of the subject property to allow <br />wildlife to pass through the site. There is no additional evidence suggesting that such <br />configuration would prevent the applicant from using the property for agricultural <br />purposes. The applicant has not made additional showings despite being given multiple <br />opportunities to do so. <br />The City Council notes that the height and setbacks of the proposed new fencing are <br />compliant with standards set forth under the Fence Ordinance. However, such technical <br />requirements are not the only considerations under the Municipal Code and zoning permits <br />for fences are not issued in a ministerial manner. The Fence Ordinance was enacted to <br />preserve the Town's natural characteristics and rural features while recognizing private <br />property owners' ability to fence their properties. The Fence Ordinance and permit review <br />ordinances specifically authorize the Planning Commission to approve zoning permits with <br />reasonable conditions it deems necessary. Based on a review of the record below, the <br />evidence and testimony received by the Commission and Council provide ample basis to <br />determine that the March 3, 2022 Conditions of Approval were reasonable and necessary. <br />Thus, the City Council finds that the Conditions of Approval imposed for the Zoning <br />Permit on March 3, 2022 were reasonable and necessary for the proposed project and to <br />achieve the purposes of the Fence Ordinance and the Municipal Code, and thus were within <br />the Planning Commission's discretion to impose. The City Council further finds that there <br />was substantial evidence in the record below to support the Planning Commission's <br />approval of the Zoning Permit application with the Conditions of Approval imposed on <br />March 3, 2022. <br />5120482.1 <br />Resolution 63-22 Page 7 <br />