REPORT TO THE ZONING ADMINISTRATOR
Title
File #: 2016-7206
Location: 725 The Dalles Ave (APNs: 323-14-017)
Applicant / Owner: Daniel Bremond
Proposed Project:
USE PERMIT to allow an addition of a 1-foot trellis to an existing 6-foot tall fence (from the grade) in the front yard of a single-family home.
Reason for Permit: A Use Permit is required for any fence that exceeds 8 feet in height in the front yard.
Project Planner: Shila Behzadiaria, (408) 730-7456, sbehzadiaria@sunnyvale.ca.gov
Issues: Height, Neighborhood Compatibility
Recommendation: Approve with Conditions
Report
PROJECT DESCRIPTION
|
Zoning District: |
R1 |
Fence Height- Existing |
7’-9” |
|
Front Setback- Required |
15’ |
Fence Height- Proposed |
8’-9” |
|
Front Setback- Average |
20’ |
Front Setback- Existing |
15’ |
|
Previous Planning Projects related to Subject Application: |
None |
|
Neighborhood Preservation Complaint |
None |
|
Deviations from Standard Zoning Requirements |
None |
Background
Sunnyvale Municipal Code (SMC) Chapter 19.48 requires a Use Permit for front yard fences over six feet in height. Fence height in the front and reducible front yard is measured from the top of curb, or street, if there is no curb to the highest point of the fence. The SMC defines a front yard fence to include any fence located between the face of the building and the street. Any new fence construction is subject to current SMC permitting requirements.
The applicant wishes to increase the height of the fence for safety reasons, having recently been the victim of a burglary where the perpetrator likely gained access to the property from The Dalles Street, because the fence was not tall enough. The applicant has submitted a letter describing the request, included in Attachment 3.
The applicant proposes to add a 1-foot lattice to an existing 6-foot tall side yard fence that is located in the 20-foot front setback, as measured from grade. The subject property is graded up 19 inches above the existing curb; therefore, the resulting total height is eight feet nine inches from the top of the nearest curb. Site and elevation plans are provided in Attachment 5. The fence will be set back approximately 15 feet from the front property line, which is in line with the face of the existing building.
Fence Design: The applicant is requesting to install a 1-foot tall lattice to adjoin the existing fence at the front façade line of the house. The existing fence includes an eight-foot tall solid, wood gate immediately adjacent to the side of the building. The fence will enclose a portion of the front yard and adjoin an existing side yard fence.
Neighborhood Impacts / Compatibility: The property is located in the West Valley neighborhood. Fences are part of the original architecture and necessary to protect front yard privacy. Fences that are over 6 feet in height should also be set back at least 15 feet from the front property line to help reduce the visual impacts from the street the proposed fence design and location is consistent with the neighborhood. The 1-foot lattice addition the applicant is proposing is compatible with fences found elsewhere in the neighborhood.
One such fence is located at 743 The Dalles Avenue, located down the street from the project site (see Attachment 5). Although the building grade at this site is not the same as the subject site, the fence is similar in height and design.
No Use Permits for fences greater than 6 feet in height have been approved for this neighborhood; however, staff finds that the significant grading of the property above the curb penalizes the property owner from constructing similar fences to those found in the neighborhood.
Public Contact: 35 notices were sent to surrounding property owners and residents adjacent to the subject site in addition to standard noticing practices, including advertisement in the Sunnyvale Sun Newspaper and on-site posting.
Environmental Determination: A Categorical Exemption Class 1 (minor alterations to existing structure) relieves this project from CEQA provisions.
FINDINGS
In order to approve the Use Permit the following findings must be made:
1. The proposed use attains the objectives and purposes of the General Plan of the City of Sunnyvale.
City of Sunnyvale General Plan - Community Character
CC-2 Attractive Street Environment: Create an attractive street environment which will complement private and public properties and be comfortable for residents and visitors.
Single Family Home Design Techniques
3.11.G. When privacy is at issue, fences should be constructed of wood up to a maximum height of six feet with at least the top twelve inches constructed of wood lattice to soften the visual appearance of the fence top.
Staff finds that the proposed fence meets the policies listed above. The fence will be set back more than 15 feet from the front property line and will maintain the open front yard character of the neighborhood. The addition of a 1-foot tall lattice to the existing fence will improve the safety of the existing home and is found on other homes within the West Valley neighborhood.
Staff was able to make the required finding as described above.
2. The proposed use ensures that the general appearance of proposed structures, or the uses to be made of the property to which the application refers, will not impair the orderly development of, or the existing uses being made of, adjacent properties.
Staff finds that the proposed fence design and height from grade are similar to other fences found in the West Valley neighborhood. The proposed addition of 1-foot lattice to the existing fence would provide the property owner privacy without creating a "walled-off" look and reduces the visual impact from the street.
Staff was able to make the required finding as described above.
ALTERNATIVES
1. Approve the Use Permit with recommended Conditions in Attachment 2.
2. Approve the Use Permit with modifications.
3. Deny the Use Permit.
RECOMMENDATION
Recommendation
Alternative 1. Approve the Use Permit with recommended Conditions in Attachment 2.
Staff
Prepared by: Shila Behzadiaria, Assistant Planner
Approved by: Ryan Kuchenig, Senior Planner
ATTACHMENTS
1. Vicinity and Noticing Maps
2. Recommended Conditions of Approval
3. Letter from the Applicant
4. Site Photographs
5. Site and Architectural Plans