REPORT TO THE ZONING ADMINISTRATOR
SUBJECT
Title
Proposed Project:
USE PERMIT: to consider an 8 feet 9 3/4 inches tall fence (six feet without grade difference) in the front yard of a single-family residence.
Location: 1617 Edmonton Avenue (APN: 320-15-005)
File #: PLNG-2025-0835
Zoning: R-1/S - (Low Density Residential / Residential Single Story Combining District)
Applicant / Owner: Shuyu Tan (applicant) / Byron L Milligan (owner)
Environmental Review: Class 3 Categorical Exemption relieves this project from the California Environmental Quality Act (CEQA) provisions.
Project Planner: Momo Ishijima, 408-730-7532, mishijima@sunnyvale.ca.gov
Report
BACKGROUND
Description of Proposed Project
The project proposes a front yard fence that is 8 feet 9 3/4 inches in height. Sunnyvale Municipal Code (SMC) Chapter 19.48 requires a Use Permit for front yard fences over 6 feet in height. Fence height in the front yard is measured from the top of the nearest street curb. The SMC defines a front yard fence to include any fence located between the face of the building and the street. All new fence construction is subject to current SMC permitting requirements. The project also includes new landscaping in the front of the house.
See Attachment 1 for a map of the vicinity and mailing area for notices.
Previous Actions on the Site
The single-story, Eichler-designated residence was constructed in 1958. In 2001, 54 parcels in Tract 1910, including the project site, were approved by City Council to rezone as the Residential Single Story Combining District (#2001-0265). On November 4, 2025, the Community Development Department approved a Tree Removal Permit (PLNG-2025-0653) for the removal of eight protected trees (one Italian cypress and seven liquidambar trees) from the rear yard.
ENVIRONMENTAL REVIEW
A Class 3 Categorical Exemption relieves this project from the California Environmental Quality Act (CEQA) provisions. Class 3 Categorical Exemptions includes construction of new accessory structures including fences [CEQA Section 15303 (e)].
DISCUSSION
Site Layout and Fence Design
The subject property is located at the west end of a cul-de-sac of Edmonton Avenue with five Eichler homes. The property is a pie-shaped lot with the front property line measuring approximately 45 feet length and the rear property line measuring approximately 165 feet length. The existing house has a glass and wood partition at the front of the house which is aligned with the edge of the roof eave and extends to the ground. The front setback to the partition is approximately 20 feet. The partition has trapezoid shaped opaque glass near the roof line and rectangular gridded glass beneath the opaque glass and screens the front door and patio area.
The proposed fence is a 6-foot tall vertical wooden fence (see Attachment 4) with spacing between the pickets, as measured from the ground. The fence will be located 15 feet from the front property line. The property is graded more than 2 feet higher than the top of curb; therefore, the fence height is 8 feet 9 3/4 inches as measured from the top of curb. The fence includes a gate of the same design and encloses the front patio area. In recent years, wooden fences with narrow vertical boards have been installed in Sunnyvale neighborhoods and offer an aesthetic compatible with the Eichler design elements which include an emphasis on vertical and horizontal lines and clean, simple forms. The fence complies with the Eichler Design Guidelines regarding fence design:
3.5.4 Integrate fencing with the house style
b) Fences that are 6 feet or more in height are required to be set back a minimum of 15 feet from the front property line.
c) The design of fences should be simple and modern in appearance. A fence with a strong vertical or horizontal emphasis, as is common in Japanese garden design, is a common approach that fits well with the Eichler Style. ~
Use Permit Justifications
Staff finds that the proposed fence meets the Use Permit findings in that the general appearance of the proposed structure will not impair either the orderly development of, or the existing uses being made of, adjacent properties. The fence would not encroach into any vision triangles as required for vehicular safety purposes and would not result in a negative impact to neighbors. In addition, the proposed fence complies with the Eichler Design Guidelines. See Attachment 2 for Use Permit findings.
NEIGHBORHOOD IMPACTS/COMPATIBILITY:
The proposed fence replaces the existing partition at the front of the house located at a 20-foot setback. The proposed fence is located 15 feet from the front property line and does not result in a visual impact and maintains adequate light and air as common in the neighborhood. There are examples of other Eichler homes in the cul-de-sac and neighborhood with a front yard fence of similar heights and staff finds the request is reasonable.
PUBLIC CONTACT
36 notices were sent to surrounding property owners and residents adjacent to the subject site. Staff has received no comments on the item. In addition, the notice of the Public Hearing was published in the Sun newspaper.
Public contact was made by posting the meeting agenda on the City's official-notice bulletin board at City Hall. In addition, the agenda and this report are available at the City Hall reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
CONCLUSION
Staff is able to make the required Findings (Attachment 2) of the Use Permit. Staff recommends that the Use Permit be approved.
ALTERNATIVES
1. Approve the Use Permit with recommended Findings in Attachment 2 and recommended Conditions in Attachment 3.
2. Approve the Use Permit with modifications.
3. Deny the Use Permit.
RECOMMENDATION
Recommendation
Alternative 1. Approve the Use Permit with recommended Findings in Attachment 2 and recommended Conditions in Attachment 3.
Staff
Prepared by: Momo Ishijima, Senior Planner
Approved by: Noren Caliva-Lepe, Principal Planner
ATTACHMENTS
1. Vicinity and Noticing Maps
2. Recommended Findings
3. Recommended Conditions of Approval
4. Site and Architectural Plans
5. Applicant’s Use Permit Justification