Ordinance 1788• ORDINANCE NO. 1788
AN ORDINANCE OF 7HE CITY COUNCIL OF THE
CITY OF CUPERT[NO AMENDING CHAPTER 16.28
OF THE CUPERTINO MUNICIPAL CODE TO CHANGE
PUBLIC NOTICING REQUIREMENTS FOR FENCE EXCEPTIONS
THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY
ORDAINS AS FOLLOWS:
1. Amendment to the Citv Ordinance Code
Chapter 16.28 is hereby amended to read as follows:
Chapter 16.28
FENCES*
For statutory provisions making fences taller than ten feet a nuisance, see Civil Code §
• 841.4.
16.28.010 Purpose.
The purpose of this chapter is to regulate the location and height of fences and vegetation
in yards of all zoning districts in order to protect the safety, privacy, and property values
of residents and residenbproperty owners of the City. (Ord. 686 (part), 1975: Ord. 112 §
1, 1960)
16.28.020 Definitions.
The words and terms used in this chapter shall have the following meanings unless the
context clearly indicates otherwise:
A. "Fence" means aman-made structure which is designed, intended or used to protect,
defend or obscure the interior property of the o~~mer thereof from the view, trespass or
passage of others upon that property.
B. "Fence height" means the vertical distance from the highest point of the fence
(excluding post caps) to the finish grade adjoining the fence. In a case where the finish
• grade is different for each side of the fence, the grade with the highest elevation shall be
utilized in determining the fence height.
• C. "Plant" means a vegetative mutter.
D. "Setback area, required front" means the area extending across the front of the lot
between the front lot line and a line parallel thereto. Front yards shall be measured either
by a line at right angles to the front lot line, or by the radial line in the case of a curved
front lot line. The front of the lot is the narrowest lot line from a public street.
E. "Setback area, required rear" means the area extending across the full width of the lot
between the rear lot line and the nearest line or point of the main building.
F. "Setback area, required side" means the area between the side lot line and the nearest
line of the building, and extending from the front setback line to the rear setback line.
(Ord. 686 (part), 1975: Ord. 112 § 2, 1960)
16.28.030 Fence location and height for zones requiring site review.
A. "fhe Planning Commission and City Council shall have the authority to require,
approve, or disapprove watt and fencing plans including location, height and materials in
all zones requiring design review.
• B. The basic design review guidelines for the review of fences and walls are as follows:
1. Fences and walls separating commercial, industrial, offices, and institutional zones
from residential zones shall be constructed at a height and with materials designed to
acoustically isolate part of or all noise emitted by future uses within the commercial,
industrial, offices, or institutional zones. "fhe degree of acoustical isolation shall be
determined during the design review process.
2. Fences and walls separating commercial, industrial, offices, and institutional zones
from residential zones shall be constructed at a height and with materials designed to
ensure visual privacy for adjoining residential dwelling units. The degree of visual
privacy shall be determined during the review process.
3. Fences and walls shall be designed in a manner to provide for sight visibility at private
and public street intersections. (Ord. 1630 (part), 1993; Ord. 686 (part), 1975)
16.28.040 Fence location and height for zones not requiring site review.
A. (n the case of an interior residential lot, a maximum six-foot-high fence shall be
permitted in the rear yard setback area and in the side yard setback areas. A maximum
three-foot-high fence, measured from finish grade, shall be permitted in the front yard
• setback area.
• B. In the case of a comer residential lot, a maximum six-foot-high fence shall be
permitted in the required rear yard setback area and on the side yard lines, excepting that
fence heights within the side yard setback area adjacent to a public street shall be
regulated as described below. No portion of a fence shall extend into the front yard
setback area orforty-foot comer triangle.
L Situation in which the rear property line adjoins a rear property line: The minimum
side fence setback line for asix-foot-high fence shall be five feet from the property line.
2. Situation in which the rear property line adjoins the side property line of a key tot: The
minimum side fence setback line shall be five feet from the property line, except that the
setback line within ten feet of an adjacent side property line shall be maintained at twelve
Ceet.
3. A fence not exceeding three feet in height measured from finish grade can be
constructed on any location within a required }~ard except the forty-foot comer triangle.
C. Where asix-foot fence is allowed, an eight-foot-high fence can be constructed in lieu
thereof subject to building permit approval and upon receipt of written approval from
adjoining property owners.
D. In the case of parcels zoned residential hillside (ltI-IS) or open space (OS), the fences
• shall be governed by Section 19.40.080. (Ord. 1637 (part), 1993; Ord. 852, 1978; Ord.
686 (part), 1975)
16.28.050 Proximity of plants and fences to public streets.
The proximity of plants and fences to public streets shall be controlled by the provisions
of Chapter 14.08 of the Municipal Code. (Ord. 686 (part), 1975)
16.28.060 Exceptions.
Where practical difficulties, unnecessary hardships, or results inconsistent with the
purpose and intent of this chapter result from the strict application of the provisions
hereof, exceptions may be granted as provided in this section.
A. Application and 1'ee. Application shall be made in writing to the Planning
Commission on a form prescribed by the Director of Community Development. The
application shall be accompanied by a fee as prescribed by City Council resolution,
• [3. Public Hearings. Upon receipt of an application for exception, the Director of
Community Development_shallset atime and place for a public hearing before the
Planning Commission and order the public notice thereof. Mailed written notice of
the hearing on the fence exception shall be given by the Director of Community
Development to all owners of record of real property (as shown in the last assessment
roll) which abut the subject property, as well as property and its abutting properties to
the left and right, directly opposite the subject property and located across a street,
vvay, highway or alley. Mailed notice shall include owners of property whose only
contiguity to the subject site is a single point. Said notice shall be mailed by first
class mail at least 10 days prior to the Planning Commission meeting in which the
application will be considered. The notice shall state the date, time and place of the
hearing. A description of the fence exception shall be included in the notice. If the
Director of Community Development believes the project may have negative
effects beyond the range of the mailed notice, particularly negative effects on
nearby residential areas, the Director, in his discretion, may expand noticing
beyond the stated requirements.
Compliance with the notice provisions set forth in this section shall constitute agood-
faith effort to provide notice, and failure to provide notice, and the failure of any
person to receive notice, shall not prevent the City from proceeding to consider or to
take action with respect to an application under this Chapter.
• The Planning Commission shall hold a public hearing at which time the Commission may
grant the exception based upon the following findings:
I. Tlie literal enforcement of the provisions of this chapter will result in restrictions
inconsistent with the spirit and intent of this chapter.
2. The granting of the exception will not result in a condition which is materially
detrimental to the public health, safety or welfare.
3. The exception to be granted is one that will require the (cast modification of the
prescribed regulation and the minimum variance that will accomplish the purpose.
4. The proposed exception will not result in a hazardous condition for pedestrian and
vehicular traffic.
After closing the public hearing, the Planning Commission may approve, conditionally
approve or deny the application for exception.
C. Appeals. Any application for exception which received final approval or disapproval
by the Planning Commission may be appealed to the City Council as provided by Section
8 of Ordinance 652. (Ord. 686 (part), 1975)
• 16.28.070 Violation-Penalty.
•
Any person who violates the provisions of this chapter shall be guilty of an infraction and
upon conviction thereof shall be punished as provided in Chapter 1.12. (Ord. 1179 § 2
(part), 1982: Ord. 686 (part), 1975)
Section 2 Effective Date
This ordinance shall take effect thirty (30) days after final adoption.
Section 3 Publication Clause
The City Clerk shall cause this ordinance to be published at least once in a
newspaper of general circulation published and circulated in the City within 15 days after
its adoption, in accordance with Government Code Section 36933, shat! certify to the
adoption of this ordinance and shall cause this ordinance and her certification, together
with proof of publication, to be entered in the Book of Ordinances of the Council of this
City.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino
on the 15'h day of June, 1998, and ENACTED at a regular meeting of the City Council of
the City of Cupcrtino on the 6"' day of July, 1998, by the following vote:
Vote iytembers of the City Council
AYES: Burnett, Dean, James, Statton, Chang
NOES: None
ABSENT: None
ABSTAIN: Nonc
ATTEST:
C"L ~%:~_
City Clerk
PPROVED:
~ _
ayor, City of Cupertino
•
n
U
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIMBERLY SMITH, City Clerk and ex-officio Clerk of the Ciry Council of the Ciry
of Cupertino, California, do Hereby certify the attached to be a full, true, and correct copy of
Ordinance No. 7/ 7 ~'' enacted on ~2u~u ~ (~ pfd .
1N WITNESS WHEREO`F~ I have hcrcunto set my hand and seal this / 3~ day of
!-7c~. 190.
- 9 G~^,
.r/y~iu'/'~uc1 ~~?'7Zt-t~
KIMBERLY SM TH, Ciry Clcrk and
. ex•ofHcio Clerk of the Ciry Council of
the City of Cupertino, California