Ordinance 686 ORDINANCE NO. 686
411.4
AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING, ADDING OR DELETING VARIOUS
SECTIONS OF CHAPTER 16.28 OF THE CITY OF CUPERTINO MUNICIPAL CODE RELATING
TO THE LOCATION AND HEIGHT OF FENCES AND PLANT MATERIALS IN YARDS
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
Section 16.28.010 is hereby amended to read as follows :
Section 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 resident/property owners of
the City.
Section 16.28.020 is hereby amended to read as follows :
Section 16.28. 020. Definitions.
1.. Fence: A man-made structure which is designed, intended or used to protect,
defend or obscure the interior property of the owner thereof from the view,
trespass or passage of others upon that property.
2. Height, fence: 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.
3. Plant : A vegetative matter.
4. Setback Area, Required Front : 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.
5. Setback Area,- Required Rear: 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.
6. Setback Area, Required Side: 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.
Section 16.28.030. Fence Location and Height for Zones Requiring Site Review.
The Architectural and Site Approval Committee, Planning Commission, and City Council
shall have the authority to require, approve, or disapprove wall and fencing plans
including location, height and materials in all zones requiring design review.
The basic design review guidelines for the review of fences and walls are as follows :
4
-1- (2-9)
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 or all noise emitted by future uses within said commercial,
industrial, offices or institutional zones. The degree of acous-
tical 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.
Section 16.28.040. Fence Location and Height for Zones Not Requiring Site Review.
1. In the case of an interior residential lot, a maximum six (6) foot high
fence shall be permitted in the rear yard setback area and in the side
yard setback areas. A maximum three (3) foot high fence measured finish
grade shall be permitted in the front yard setback area.
2. In the case of a corner residential lot , a maximum six (6) 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
4111 portion of a fence shall extend into the front yard setback area or 40 ft.
corner triangle.
1. Situation in which the rear property line adjoins a rear
property line -- The minimum side fence setback line for
a six (6) foot high fence shall be five (5) feet from the
property line.
2. Situation in which the rear property line adjoins the side
property line of a key lot -- The minimum side fence setback
line shall be five (5) feet from the property line, except
that the setback line within ten (10) feet of an adjacent
side property line shall be maintained at twelve (12) feet.
3. A fence not exceeding three (3) feet in height measured from
finish grade can be constructed on any location within a re-
quired yard except the forty (40) foot corner triangle.
(Amended by Ordinance No. 852, adopted January 3, 1978) .
3. Where a six (6) foot fence is allowed, an eight (8) foot high fence
can be constructed in lieu thereof subject to building permit approval
and upon receipt of written approval from adjoining property owners.
-2-
(2-10)
Section 16.28.050. Proximity of Plants and Fences to Public Streets.
410 1. The proximity of plants and fences to public streets shall be controlled
by the provisions of Chapter 14.08 of the Municipal Code.
Section 16.28.060. Exceptions.
Where practical difficulties, unnecessary hard ships or results inconsistent
with the purpose and intent of this Ordinance result from the strict applica-
tion of the provisions hereof, exceptions may be granted as provided in this
Section.
1. Application and fee: Application shall be made in writing to the
Planning Commission on a form prescribed by the Director of Plann-
ing and Development. The application shall be accompanied with a fee
of Twenty-five dollars ($25.00) .
2. Public Hearings: Upon receipt of an application for exception, the
Director of Planning shall set a time and place for a public hearing
before the Planning Commission and order the public notice thereof.
Said notice of public hearing shall be published at least once in a
newspaper of general circulation in the City of Cupertino at least
ten (10) days before the first of said hearings. In addition, indi-
vidual notices shall be mailed to all persons owning real property
located within three hundred (300) feet of the property(ies) involved -
in the application. When the property within three hundred (300)
feet of the property(ies) involved in the application is occupied by
4110 other than the property owner, a notice of the public hearing shall
be sent to the occupant of the dwelling. If said dwelling is a struc-
ture with more than four dwelling units, notice to the occupant shall
be given by sending one notice to the manager of said multiple unit
dwelling. The instructions for the mailing of public notices shall be
specified on the appropriate application form. The primary form of
notification is by publication in newspaper of general circulation in
the City of Cupertino. Minor discrepancies in the certified mailing
list provided by an applicant or the City in case of a City-initiated
application shall not constitute an invalid notice of public hearing.
The Planning Commission shall hold a public hearing at which time the Commission may
grant the exception based upon the following findings:
a. That the literal enforcement of the provisions of this ordinance will
result in restrictions inconsistent with the spirit and intent of this
ordinance;
b. That the granting of the exception will not result in a condition which
is materially detrimental to the public health, safety or welfare;
c. That the exception to be granted is one that will require the least
modification of the prescribed regulation and the minimum variance
that will accomplish the purpose; and
d. That the proposed exception will not result in a hazardous condition
for pedestrian and vehicular traffic.
-3- (2-11)
After closing the public hearing, the Planning Commission may approve, con-
ditionally approve or deny the application for exception.
3. 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.
Section 16.28.070. Penalty.
Any person, firm or corporation violating any provisions of this ordinance shall
be deemed guilty of a misdemeanor, and upon conviction thereof, shall be pun-
ished by a fine not exceeding Five Hundred Dollars ($500.00) , or by imprison-
ment in the County Jail not to exceed six (6) months for each violation, or by
both such fine and imprisonment.
Section 16.28.080. Severability Clause.
If any section, sub-section, sentence, clause or phrase of this Ordinance is for
any reason held to be unconstitutional, such decision shall not affect the validity
of the remaining portions of this Ordinance. The legislative body hereby declares
that it would have passed this Ordinance and each section, sub-section, sentence;
clause or phrase thereof, irrespective of the fact that any one or more sections,
sub-sections, sentences, clauses or phrases be declared unconstitutional.
Section 16.28.090. Publishing Clause.
The City Clerk is hereby authorized and directed to cause a certified copy of this
Ordinance to be published at least once within fifteen (15) days after its enact-
ment in the Cupertino Courier, the official newspaper of the City, published and
circulated within the City of Cupertino.
INTRODUCED at a regular meeting of the City Council on the 16th day of June, 1975, and
ENACTED at a regular meeting of the City Council of the City of Cupertino on the 7th
day of July, 1975, by the following vote:
Vote Members of the City Council
AYES Frolich, Meyers, Nellis, Jackson
NOES None
ABSENT : Sparks
ABSTAIN: None
ATTEST: APPROVED:
/s/ Wm. E. Ryder /s/ James E. Jackson
City Clerk Mayor, City of Cupertino
4.
(2-12)
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