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CUP No. 2012 -17 & VA No. 2012 -06 <br />August 13, 2012 <br />Page 9 <br />requires the site to be in compliance with all provisions of the zoning ordinance, including fence <br />height. Since the rear property line fence is proposed to be maintained at its current height of six feet, <br />a variance is required. <br />The existing six foot high wall originally separated the parking lot for the hospital and medical office <br />uses from the adjacent residential properties. The fence restricted access from the site into the <br />neighborhood and reduced noise impacts from the parking lot. Maintaining the fence in its current <br />condition will separate the two uses, will minimize noise impacts and maintain privacy for the <br />residences, and will allow adequate security for the high school campus. Staff recommends <br />approval of this variance based on the following facts and findings. <br />• The project site has a special circumstance related to its size, shape and location. Due to the <br />location of the site, which is surrounded by residential development, an existing six foot high wall <br />currently exists around the project perimeter. This wall served to separate the former hospital and <br />office uses from the surrounding residences. Due to the location of a street at the east (rear) of <br />the property, the maximum allowable fence height is 42 inches. A variance from the fence height <br />standard will allow the adjacent residences to maintain their privacy and minimize impacts such as <br />light and noise by allowing the existing six foot high fence to remain. <br />The granting of the variance is necessary for the preservation and enjoyment of substantial <br />property rights. Compliance with the fence height standard would prohibit the operation of a <br />needed high school campus for at -risk youths on the premises and would subject the adjacent <br />residential uses to potential impacts such as noise, light intrusion, parking intrusion and <br />trespassing. Additionally, a reduced fence height could result in trespassing onto the high <br />school campus. The granting of the variance will preserve the property owners right to develop <br />a vacant property with a use that is allowed in the zoning district. <br />• The granting of the variance will not be detrimental to the public or surrounding properties as <br />the building and site has been designed to comply with all applicable development standards <br />except for the parking, building height and fence height requirements. The project has been <br />planned to minimize impacts to the adjacent residential properties through site design and <br />conditions of approval. <br />The project will not adversely affect the General Plan. The Academy Charter High School is <br />consistent with several goals of the General Plan, Goal 1 of the Land Use Element encourages <br />uses that promote a balance of land uses that address basic community needs, Goal <br />supports projects that improve the character and integrity of neighborhoods, and Goal 5 <br />ensures that the impacts of development are mitigated. In addition, the project is in compliance <br />with Goal 1 of the Educational Element, which encourages development that provides sufficient <br />educational services and facilities to meet the City's needs. <br />31 B -11 <br />