15 Fence Ordinance
ClTO
CUPEIQ1NO
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3251
FAX (408) 777-3333
Community Development Deparhnent
Housing Services
SUMMARY
Agenda Item No. J..2.-
Agenda Date: March 21, 2006
Application
Applicant:
MCA-2005-01
City of Cupertino
Application Summary: Conduct the second reading of Ordinance No. 1979: "An
Ordinance of the City of Cupertino, Amending Chapter 16.28 of the Cupertino
Municipal Code Related to Regulations Affecting Fences."
RECOMMENDATION:
Staff recommends that the City Council enact the second reading of Ordinance No.
1979, including the minor amendments requested by Council during the introduction of
the ordinance.
BACKGROUND:
At the March 7, 2006 meeting, the City Council introduced Ordinance No. 1979 on a 5-0
vote with minor amendments to the ordinance.
DISCUSSION:
During the meeting, the Council requested two minor amendments to the ordinance,
including:
1. Removal of the waiving of fees for a fence exception where an
applicant/property owner is requesting a fence higher than six feet. The
Council did not agree with the Planning Commission's recommendation to waive
fees on these types of fence exceptions because the fees cover the noticing, review
time and staff time involved in processing these applications. The Council also
did not feel that these fees unduly burden applicants requesting a fence exception
where adjacent owners' approval(s) cannot be obtained. Therefore, this draft
language has been removed from Chapter 16.28.060(A) entitled" Application and
Fee" under the chapter identified as "Exceptions."
2. Provide language in the ordinance prohibiting roadway and driveway gates
along residential street frontages. The Council asked that language be
incorporated into the ordinance eliminating the ability of property owners to
install gates along residential sidewalks and street frontages where there are no
demonstrated safety and! or security risks. The Council requested this language
to prevent the visibility and proliferation of such gates along residential street
frontages and to avoid the hazard of vehicles queuing into the street where
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MCA-2005-01, Fence Ordinance Ch. 16.28
Second Reading of Ordinance No. 1979
March 21, 2006
Page 2
adequate stacking area behind such gates do not exist. Consequently, the Council
asked staff to draft language in the ordinance to this effect.
As a result, Chapter 16.28.045 (Roadway and Driveway Gates) has been modified
to require that roadway and driveway gates in residential areas have a minimum
setback of 30 feet from the front and/ or street side property lines, and provide
evidence showing such gates are needed for demonstrated security and/ or safety
reasons. Staff believes that a minimum 30 foot setback requirement is adequate to
achieve the Council's goal to prevent a residential streetscape of gates. Most
homes have a 20-25 foot front yard setback, so the gates would not be within their
front yard areas. A minimum 3D-foot setback would also allow for adequate
vehicle stacking room behind the gates to prevent vehicles from queuing into the
street.
SUBMITTED FOR APPROVAL:
SUBMITTED BY:
d Ú>1~C/ æ~-ê/k' /CúGr-
Steve Piasecki /
Director of Community Developrnent
Attachments
Exhibit A: Ordinance No. 1979
ÍÞL
David W. Knapp
City Manager
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DRAFT
Proposed text is underlined. Deleted text is struck through.
ORDINANCE NO. 1979
AN ORDINANCE OF THE CITY OF CUPERTINO, AMENDING CHAPTER 16.28
OF THE CUPERTINO MUNICIPAL CODE RELATED TO REGULA nONS
AFFECTING FENCES
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN
AS FOLLOWS:
Chapter 16.28 of the Municipal Code of Cupertino is hereby amended to read as follows:
CHAPTER 16.28: FENCES*
Section
16.28.010 Purpose.
16.28.020 Definitions.
16.28.030 Fence location and height for zones requiring site review.
16.28.040 Fence location and height for zones not requiring site review.
16.28.045 Vehicular electronic security gates.
16.28.050 Proximity of plants and fences to public streets.
16.28.060 Exceptions.
16.28.065 Temporary fences for construction.
16.28.070 Violation-Penalty.
16.28.080 Prohibited Fences.
* For statutory provisions making fences taller than ten feet a nuisance, see Civil
Code §841.4. Prior ordinance history: Ords. 112,686,852, 1179, 1630, 1637 and 1777.
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Ordinance No. 1979
2
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 owners of properties within any zoning district of the
city, including but not limited to residential, commercial, offices, institutional, industrial
and/or agricultural properties. (Ord. 1788, § I (part), 1998)
16.28.020 Definitions.
The words and terms used in this chapter shall have the following meanings unless the
context clearly indicates otherwise:
A. "Demonstrated security" means a condition requiring protection from the
potential threat of danger, harm or loss, including but not limited to a location that is
isolated and invisible from public view or that has experienced documented burglary,
theft, vandalism or trespassing incidences.
B. "Demonstrated safety" means a condition requiring protection from the threat of
danger, harm or loss, including but not limited to the steepness of a roadway or driveway
that may create a hazardous parking situation in front of a gate.
C. "Fence" means a man-made structure which is designed, intended or used to
protect, defend or obscure the interior property ofthe owner thereof from the view,
trespass or passage of others upon that property.
D. "Fence height" means the vertical distance from the highest point ofthe fence
(excluding post caps) to the finish grade adjoining the fence. In a case where the finish
grade is different for each side ofthe fence, the grade with the highest elevation shall be
utilized in determining the fence height.
E. "Plant" means a vegetative matter.
F. "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.
G. "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.
H. "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. 1788, § I (part), 1998)
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Ordinance No. 1979
3
16.28.030 Fence Location and Height for Zones Requiring Site Review.
A. The Design Review 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.
B. The basic design review guidelines for the review offences and walls are as
follows:
I. 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. The 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. 1844, § I (part), 2000; Ord. 1788, § I (part),
1998)
16.28.040 Fence Location and Height for Zones Not Requiring Site Review.
A. In 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 or forty-foot corner triangle.
I. Situation in which the rear property line adjoins a rear property line: The
minimum side fence setback line for a six-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
lot: 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 feet.
3. A fence not exceeding three feet in height measured from finish grade can be
constructed on any location within a required yard except the forty-foot corner triangle.
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Ordinance No. 1979
4
C. Where a six-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 adjacent property owners.
D. In the case of parcels zoned residential hillside (RHS) or open space (OS), the
fences shall be governed by Section 19.40.080.
16.28.045 Roadway and Driveway Gates.
Roadway and driveway gates may be approved through a fence exception if the
development meets anyone of the following conditions: is a mixed-use development,
where the parking for different uses needs to be separated to assure availability of
parking for each use; if a development includes a below-grade parking structure,
where the gates are required to secure the below grade parking; if gates are required
for a development to obtain federal or state funding; if the development is secluded; if
the electronic gates are needed for demonstrated security and/or demonstrated safety
reasons; or if the electronic gates were in existence prior to September 20,1999.
Additionally, roadway and driveway gates in residential areas approved by a fence
exception shall be set back a minimum of30 feet from the front and/or street side
property lines and shall provide evidence the gates are needed for demonstrated
security and/or demonstrated safety reasons.
All roadway and driveway gates approved by a fence exception shall also be
required to comply with the Fire Department Standard Details and Specifications for
Security Gates for access roadways and driveways. (Ord. 1833, 1999; Ord. 1802,
(part), 1999)
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. 1788, § I (part), 1998)
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 ofthe provisions
hereof, exceptions may be granted as provided in this section.
A. Application and Fee. Application shall be made in writing to the Design Review
Committee on a form prescribed by the Director of Community Development. The
application shall be accompanied by a fee as prescribed by City Council resolution.
B. Public Hearings. Upon receipt of an application for exception, the Director of
Community Development shall set a time and place for a public hearing before the
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Ordinance No. 1979
5
Design Review Committee 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 or 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, way,
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
ten days prior to the Design Review Committee 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 a good-
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 Design Review Committee shall hold a public hearing at which time the
committee may grant the exception based upon the following findings:
1. The 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 least 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.
5. The proposed development is otherwise consistent with the city's General Plan
and with the purpose of this chapter as described in Section 16.28.010.
6. The proposed development meets the requirements of the Santa Clara Fire
Department and Sheriff s Department, and if security gates are proposed, that attempts
are made to standardize access. 7. The fence height for the proposed residential
fence is needed to ensure adequate screening and/or privacy.
After closing the public hearing, the Design Review Committee may approve,
conditionally approve or deny the application for exception.
C. Appeals. Any application for exception which received final approval or
disapproval by the Design Review Committee may be appealed to the Planning
Commission as provided by Section 19.136.060 of this code. (Ord. 1844, §I (part), 2000;
Ord. 1822, (part), 1999; Ord. 1802, (part), 1999; Ord. 1788, § I (part), 1998)
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Ordinance No. 1979
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16.28.065 Temporary Fences for Construction.
The Chief Building Official may require persons constructing structures in the city to
erect and maintain temporary fences around an or a portion of the construction site in
order to secure the site from entry by the general public. (Ord. 1777, (part), 1998)
16.28.070 Violation-Penalty.
Any person who violates the provisions of this chapter shall be guilty of an infraction
and upon conviction thereof shan be punished as provided in Chapter 1.12. (Ord. 1788, §
1 (part), 1998)
16.28.80
Prohibited Fences.
Barbed wire, razor wire, and/or electrified fencing are prohibited unless required by
law or regulation of the City, State or Federal Government.
This ordinance shan take effect and be in force thirty (30) days after its passage.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 7th
day of March, 2006, and ENACTED at a regular meeting of the City Council of the City
of Cupertino this 21st day of March, 2006, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
Mayor, City of Cupertino
City Clerk
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