EXC-2020-006 DRC Staff Report Final CITY OF
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333
CUPERTINO CUPERTINO.ORG
DESIGN REVIEW COMMITTEE STAFF REPORT
Meeting:Tanuary 21, 2021
Subject
Fence Exception Permit to allow a six foot high fence within a required 20 foot front yard
setback area. (Application No.: EXC-2020-006; Applicant: Manju Radhakrishnan;
Location: 10330 Menhart Lane; APN: 375-16-017)
Recommended Action
That the Design Review Committee adopt the draft resolution (Attachment 1) to:
1. Find the project exempt from CEQA; and
2. Approve the Fence Exception (EXC-2020-006).
Discussion
Project Data:
General Plan Designation: Low Density (1-6 DU/Ac.)
Zoning Designation: R1-5
Lot Area: 5,862 s . ft.
Floor Area: 2,627 s . ft. (44.83% FAR)
15f Floor Setbacks Allowed Existing
Front 20'-0" 20'-3"
Side Combined 15' 10'-0" right, 5'-0" left
Rear 20'-0" 20'-0"
2na Floor Setbacks Allowed Existing
Front 25'-0" 25'-0"
Side Combined 25' 15'-0" right, 15'-0" left
Rear 25'-0" 25'-0"
Project Consistency with
General Plan: Yes
Zoning: No, exception requested for six-foot tall fence in the
front setback area
Environmental Assessment: Categorically Exempt
Project Location:
The project site is located on 10
Menhart Lane, approximately 150
s
feet west of the intersection of
N
Menhart Lane and Wunderlich
Drive in the Rancho Rinconada
neighborhood. The property is . 2s
surrounded by other single-family 'I`
homes to the north, south, east and
west. •
-103i
Background: ;0315 f
0320
In 2016, a Two-Story Permit(R-2016- Figure 1:Vicinity Aerial(subject property outlined in blue)
20)was approved to allow the construction of a new two-story home.The proposed home
met all development regulations, including setback requirements for Single Family
Homes, per Cupertino Municipal Code Chapter 19.28.
The lot only has three property lines and is effectively triangular in shape. Based on the
Municipal Code, the property only needs to provide a 20 foot rear setback in the form of
an arc from the intersection of the two side property lines. This results in the creation of
a smaller rear yard, and a larger front yard due to unique shape of the lot. The Cupertino
Municipal Code Chapter 19.48 allows a three-foot high fence within the front-yard area;
however, the applicant is requesting a six-foot fence high fence for purposes of privacy.
Currently, there is no front yard fence existing on this property.
Discussion:
The applicant is proposing to enclose a portion SET STAKE ON
of the front yard by constructing a six-foot-tall PROPERTY LINE
mew
fence along the southern property line, which
ae-
would then veer roughly 30 degrees to the
or £
north, to avoid an existing shrub, till it reaches
the western (front) property line. The fence N t
would then continue along the western (front) U� �' a z w� w�
property line for a length of approximately 41 !i
v
feet, and then make a 90-degree turn and m _� :�►
z " �6-
terminate at the house. A gate will also be — -.
rn eg g-Ji
installed for continued access to a concrete �xe �
walk in the front yard (see Figure 2 — fence
outlined in red, green and blue)
Figure 2:Area of Work at 10330 Menhart Ln
Per the Cupertino Municipal Code,fences located within required front setback areas and
up to five feet from the property line in a required street side setback area must be no
taller than three feet
for visibility and light LargeTme Large Tree
and air purposes. The
property appears to
Planned
be a corner property Fence
due to the curved
front property line.
Fences taller than
three feet must be ¢�---
Sipped Oraln _ --
located a minimum of __ ��N
five feet along a Sidewalk s s 4 3•
Prop"
Line
required street side 2V7.
setback. Figure 3: Section Elevation
The sidewalk in this neighborhood is a monolithic sidewalk meaning that the sidewalk
is adjacent to the street curb (see Fig. 2) and the front property line is setback 5'5" from
the sidewalk (see Fig. 3) and 9'5" from curb line. Due to the distance from the curb, the
perceived setback of the fence from the sidewalk, the appearance of the property as a
corner lot, and the existing development on the property, the proposed location of the
fence is acceptable.
The proposed fence does not impede into the adjacent neighbor's site lines when entering
or exiting their driveway, and additionally the applicant has proposed the fence in a
manner to not damage an existing shrub along the south property line.
Typical rear yards in R-1 zones are the lot width(usually between 51 and 57 ft in the bulk
of the Rancho Rinconada neighborhood) times 20 (the rear yard setback requirement),
giving the average single-family residential property owner at least 1,020- 1,140 sq. ft. as
a private rear yard space. This property, however, has an approximately 332 sq. ft. rear
yard with some usable side yard. Allowing a front yard fence in the proposed location,
would add approximately 800 s.f. of private outdoor space for the applicants, while
maintaining distance from the public street and minimizing impacts to the pedestrian
experience.
Public Works staff has reviewed the proposal, and do not have any issues with the
location of the fence.
As a condition of approval,the applicant will be required to remove the fence in the event
of complete redevelopment of the property that improves the ability to provide a yard in
a better location.
Tree Protection
As a condition of approval, a covenant shall be recorded on the two front yard trees
within the fenced area to protect and maintain them, since the applicant has indicated
that the location of the proposed fence is in part to preserve these trees. Should the trees
have to be removed due to ill-health in the future, they shall be replaced with a protected
tree.
Environmental Assessment
This project is categorically exempt from the requirements of the California
Environmental Quality Act (CEQA) per Section 15301 Existing Facilities (Class 1)
consisting of new copy on existing on and off-premise signs.
Public Outreach and Noticing
The following table is a brief summary of the noticing done for this project:
Notice of Public Hearing and Intent, Agenda
Site Notice & Legal Ad
■ Site Signage(10 days prior to the hearing) ■ Posted on the City's official notice bulletin
■ 11 public hearing notices mailed to board (one week prior to the hearing)
adjacent property owners (10 days prior ■ Posted on the City of Cupertino's website
to the hearing) (one week prior to the hearing)
No public comments have been received as of the date of production of this staff report.
Permit Streamlining Act
This project is subject to the Permit Streamlining Act (Government Code Section 65920—
65964). The City has complied with the deadlines found in the Permit Streamlining Act.
Project Received: October 22, 2020; Deemed Incomplete: November 11, 2020
2nd Submittal Received: December 16, 2020;
Deemed Complete:January 5, 2020
The City has up to 60 days from the date of deeming the project complete (until February
31, 2021) to make a decision on the project.
Conclusion
Staff recommends approval of the project since the conditions of approval address all
concerns related to the proposed project and all of the findings for approval of the
proposed project are consistent with Chapter 19.48: Fences of the Cupertino Municipal
Code.
Next Steps
Should the project be approved, the Design Review Committee's decision on this
proposal is final unless an appeal is filed within 14 calendar days of the date of the
decision, on February 4, 2021. The applicant may apply for building and other permits at
the end of the appeal period.
This approval expires on January 21, 2022, at which time the applicant may apply for a
one-year extension.
Prepared by: Lauren Ninkovich, Assistant Planner
Reviewed and Approved by: Piu Ghosh, Planning Manager
ATTACHMENTS:
1 -Draft Resolution
2-Plan Set