REPORT TO THE ZONING ADMINISTRATOR
SUBJECT
Title
Proposed Project: Related applications on a 7,975-square foot lot:
USE PERMIT to legalize an existing 6-foot 10-inch-tall front yard fence; and
VARIANCE to legalize an existing 72 square feet detached arbor structure that is 8-foot 6-inch-tall with a 13-foot 5-inch front setback where 20 feet minimum is required, in the front yard of a single-family property.
Location: 1137 South Bernardo Avenue (APN: 202-39-037)
File #: PLNG-2024-0439
Zoning: R-1 (Low Density Residential)
Applicant / Owner: Stanley Mansfield (applicant and owner)
Environmental Review: A Class 3 Categorical Exemption relieves this project from the California Environmental Quality Act (CEQA) provisions.
Project Planner: Mary Jeyaprakash, 408-730-7449, mjeyaprakash@sunnyvale.ca.gov
Report
BACKGROUND
Description of Proposed Project
The subject single-family property has an existing, unpermitted 6-foot 10-inch-tall fence and 8-foot 6-inch-tall arbor structure (arbor) in the front yard. The fence and the arbor have been there since 1998. See Attachment 7 for letter from the applicant. The applicant is requesting a Use Permit to keep the existing fence with 13-foot 5-inch setback from the front property line. The applicant is also requesting a Variance to keep the existing arbor with 13-foot 5-inch front setback where 20 feet minimum is required. See Attachment 5 for the site and architectural plans.
Sunnyvale Municipal Code (SMC) Section 19.48.025 requires a Use Permit for front yard fences over 6 feet in height. Fence height in the front 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. The existing fence proposed to be legalized is subject to current SMC permitting requirements.
The SMC Section 19.34.030 requires a Variance for home additions that do not meet the minimum 20 feet front setback. The SMC requires a Design Review for any home addition such as addition of an arbor, that changes the exterior appearance of the home. The SMC allows Design Review through a discretionary permit such as Variance, which is required to legalize the non-conforming front yard setback.
See Attachment 1 for a map of the vicinity and mailing area for notices.
Previous Actions on the Site
Previous Planning approvals for the site includes the following,
- Design Review (2024-0049) to add a sunroom to the front of the house; and
- Miscellaneous Plan Permit (2016-7325) to modify windows at first and second stories.
In addition to the above Planning permits, multiple building permits have been issued over the years for roofing, plumbing, electrical, and related to the 2016 modification. There were no Neighborhood Preservation complaints filed in the recent years.
ENVIRONMENTAL REVIEW
A Class 3 Categorical Exemption relieves this project from the California Environmental Quality Act (CEQA) provisions. Class 3 Categorical Exemptions include construction of limited numbers of new, small facilities or structures.
DISCUSSION
Site Layout and Architecture
The subject property is located midblock near the intersection of South Bernardo Avenue and Robin Way, a few blocks east of California State Route 85. The 7,975 square-foot parcel contains a 2,078 square-foot two-story home and 516 square-foot attached garage in addition to the subject arbor and a rear yard pool. The existing floor area ratio (FAR) is approximately 33%. Adjacent homes are a mix of single- and two-family dwellings, as reflected by the R-1 zoning district. The lots in this subdivision typically have two-story homes with matured trees in the front and rear yards.
The subject front yard fence is 6-foot 10-inch-tall as measured from the top of front curb, and the arbor is 8-foot 6-inch-tall as measured from the finished grade. Both the fence and the arbor are 13-foot 5-inch setback from the front property line. The subject fence is constructed with painted redwood panels and plastic lattice in alternate sections. The subject arbor is constructed with painted redwood rafters and poles. The arbor has a “Z”-shaped floor plan with less than 50% solid roof and slight overhang. Part of the arbor extends between the house entrance and the sidewalk providing an entryway into the house. The fence runs along the outer edge of the arbor facing the street and extends to the side property line on the north. The fence and the arbor create an integrated design appeal and loosely matches the cape cod architectural style of the house.
Applicant’s Variance Justifications
The applicant has provided justifications to support the Variance request for the Arbor (see Attachments 6 and 7). The following is a summary of the justifications:
• The matured trees and pool in the rear yard limit the availability of space to add an arbor in the back of the house.
• The matured Birch trees in the front yard and Magnolia tree in the public right-of-way screens the arbor from the street and prevents any visual impact to the neighborhood.
• Keeping the arbor in place will preserve the matured trees located within two feet from the subject fence which is attached to the arbor.
• The arbor looks similar to accessory structures (per SMC Section 19.12.020) found in the neighborhood within the required front setbacks.
Development Standards
SMC Section 19.48.025 requires a Use Permit for front yard fences that are over 6-foot-tall. Homes in the neighborhood are designed to be “L”-shaped with the garage set in front of the main living area and with a recessed entry, creating a large front yard open and visible from the street. Front yard fences where they exist in this neighborhood are generally located at the plane of the front garage wall. Though the subject fence extends beyond the front garage wall, it is adequately set back from the street, and it is consistent with the front yard pattern of the neighborhood. The subject fence is in character with the other fences in the neighborhood and specifically, there is a similar fence approved at 1121 South Bernardo Drive. In addition, the lattice detail on the fence offers greater transparency and an open look. The lattice detail together with the white color matches with the door and window frames of the house, providing design continuity.
SMC Section 19.34.030 establishes the minimum building setbacks for all zoning districts. The intent of these regulations is to ensure that home additions do not impact the privacy, light, air, and enjoyment of adjacent properties. The arbor in the front yard is not disruptive because, the Birch trees in the front yard and the Magnolia tree in the public right-of-way provides adequate screening and prevents any visual impacts to the neighborhood. The arbor is also built within the dripline of the Birch trees. Therefore, moving the arbor outside the required front setback will damage the trees by disturbing the root system. In addition, the site’s existing FAR of 33% being well under the 40% allowed for a two-story home in the R-1 zoning district may seem to indicate that the site has plenty of space to develop additional floor area outside the setbacks. However, the site is limited by multiple matured trees, and it is not feasible to move the arbor anywhere else outside the setbacks. Staff finds that the Variance is reasonable to preserve the existing trees.
Staff categorizes the arbor as a home addition and not as an accessory structure. The arbor acts as an entryway to the house and it does not meet the definition for ‘Open Garden Feature,’ which is primarily intended as a decorative garden feature. SMC Chapter 19.40 requires no setback requirements for accessory structures up to 8 feet height. General appearance of the arbor is comparable to accessory structures allowed in the neighborhood (see photographs in Attachments 7) within the required setbacks. However, the arbor requires a minimum 20-feet front setback, though it is only six inches taller than the accessory structures allowed in the neighborhood. Staff finds that the Variance will allow the applicant to continue to enjoy the same privilege enjoyed by other neighbors.
Staff finds that the subject fence meets the Use Permit findings, as the use meets the General Plan policies regarding creating an attractive street, neighborhood, and community as well as maintaining residential character, and does not result in negative impacts to neighbors. See Attachment 3 for required Use Permit findings. Staff also finds that the requested front yard setback Variance for the arbor is reasonable due to the presence of multiple matured trees on the lot, negligible visual impacts due to screening trees in the front yard, and consistency with similar accessory structures in the neighborhood. See Attachment 3 for required Variance findings.
PUBLIC CONTACT
36 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. No letters or calls were received from the public by staff.
ALTERNATIVES
1. Approve the Use Permit and Variance with recommended Findings in Attachment 3 and recommended Conditions of Approval in Attachment 4.
2. Approve the Use Permit and Variance with modifications.
3. Deny the Use Permit and Variance.
RECOMMENDATION
Recommendation
Alternative 1. Approve the Use Permit and Variance with recommended Findings in Attachment 3 and recommended Conditions of Approval in Attachment 4.
Staff
Prepared by: Mary Jeyaprakash, Senior Planner
Approved by: Momoko Ishijima, Senior Planner
ATTACHMENTS
1. Vicinity and Noticing Maps
2. Project Data Table
3. Recommended Findings
4. Recommended Conditions of Approval
5. Site and Architectural Plans
6. Applicant's Use Permit and Variance Justification
7. Letter from the Applicant
8. Site Photographs