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<br />Resolution No. PC-95-36 <br />Page 5 <br /> <br />Given that the applicant is requesting only a four <br />foot high chain link fence, the granting of a <br />variance for 18 inches will not constitute a <br />special privilege that is inconsistent with other <br />properties in the same zoning district. <br /> <br />C. The granting of the variance will not be <br />detrimental to the public health, safety or <br />welfare, or materially injurious to properties or <br />improvements in the vicinity. <br /> <br />State licensing for day care facilities requires <br />fencing of at least 48 inches in height for <br />children's play yards. The City's Municipal Code <br />currently permits fencing of only 30 inches In <br />height in the front yards of most residentially- <br />zoned properties. Permitting fencing of 48 inches <br />in the front yard ensures that children in the play <br />yards are adequately contained and will not be able <br />to leave the yard onto public sidewalks or streets. <br />Installation of an open fence of 48 inches in the <br />front yard will not obstruct views of pedestrians <br />or drivers turning the corner from Del Valle <br />Parkway onto Hopyard Road, as the fence would be <br />situated at least 120 feet from the corner. There <br />are no driveways into the church parking lot from <br />Hopyard Road and there are no other properties <br />adj acent to the childcare center, so the open <br />fencing would not provide any visual obstructions. <br /> <br />The proposed black vinyl-clad chain link fence <br />would not be an unattractive addition to the other <br />types of fencing and soundwalls along Hopyard Road. <br />The existing trees and the conditioned landscaping <br />will help to screen the fence and provide a <br />softening effect. <br /> <br />The variance findings can be met, as described <br />above, for allowing the front yard fencing to <br />exceed by 18 inches the 30-inch maximum height <br />prescribed by the Municipal Code. <br /> <br />WHEREAS, the Planning commission finds that the proposed new <br />structure for the childcare center is appropriately <br />located and designed; the proposed use, as conditioned, <br />is acceptable; and that the granting of a variance is <br />justified. <br /> <br />NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF PLEASANTON <br />RESOLVES THE FOLLOWING: <br />