Exhibit 2 - Required FindingsPLANNING COMMISSION – November 13, 2024
REQUIRED FINDINGS FOR:
108 Westchester Drive
Fence Height Exception FHE-24-003
Consider an Appeal of a Community Development Director's Decision to Deny a
Fence Height Exception Request for the Construction of a Six-Foot Tall Fence Within
a Required Street Side Setback and Traffic View Area on Property Zoned R-1:8.
Located at 108 Westchester Drive. APN 523-36-037. Categorically Exempt pursuant
to the adopted Guidelines for the Implementation of the California Environmental
Quality Act, Section 15303: New Construction or Conversion of Small Structures.
Fence Height Exception Application FHE-24-003.
PROPERTY OWNER/APPLICANT/APPELLANT: Parul Upadhyaya & Deepak Pandey.
PROJECT PLANNER: Suray Nathan.
Required finding for CEQA:
■ The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15303: New
Construction or Conversion of Small Structures.
Required findings for granting a Fence Height Exception:
Per Town Code Section 29.40.0320, the applicant has provided written justification that
demonstrates one of the following conditions exist:
■ A special privacy concern exists that cannot be practically addressed by additional
landscaping or tree screening [29.40.0320(b)(1)].
■ A special wildlife/animal problem affects the property that cannot be practically
addressed through alternatives. Documented instances of wildlife grazing on gardens or
ornamental landscaping may be an example of such a problem [29.40.0320(b)(2)].
■ A special security concern exists that cannot be practically addressed through
alternatives[29.40.0320(d)].
■ A special circumstance exists, including lot size or configuration, where strict enforcement
of these regulations would result in undue hardship [29.40.0320(e)].
S:\PLANNING COMMISSION REPORTS\2024\11-13-2024\Item 4 - 108 Westchester Drive\Exhibit 2 - Required Findings.docx
EXHIBIT 2
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