REPORT TO THE ZONING ADMINISTRATOR
SUBJECT
Title
Proposed Project:
USE PERMIT to construct a 9’-1” tall fence in the front yard of an existing single-family residence.
Location: 1492 Flamingo Way (APN: 309-27-035)
File #: 2022-7525
Zoning: R-0 - Low Density Residential
Applicant / Owner: Mao Xiaomi and Jin Linghua (applicants and owners)
Environmental Review: Class 3 Categorical Exemption relieves this project from the California Environmental Quality Act (CEQA) provisions.
Project Planner: Cindy Hom, 408-730-7411, chom@sunnyvale.ca.gov
Report
BACKGROUND
The application request is a Use Permit to allow a new 9 foot 1-inch tall wooden fence in the front yard of a single-family residence.
Sunnyvale Municipal Code (SMC) Chapter 19.48 requires a Use Permit for front yard fences over 6 feet in height, and for reducible front yard fences over 6 feet in height that are not setback 2 feet from the property line (for every foot over 6 feet). Fence height in the front and reducible front yard are 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.
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 include two tree removal permits (2002-0591 and 2018-7153) that were granted in 2002 and 2018.
ENVIRONMENTAL REVIEW
A Class 3 Categorical Exemption relieves this project from California Environmental Quality Act (CEQA). Class 3 Categorical Exemptions include the construction of new accessory structures including fences (CEQA Section 15303 (e)).
DISCUSSION
The project site is located at the northeast corner of the intersection of Flamingo Way and Dunholme Way in an Eichler neighborhood developed in 1961. The new 9 foot 1 inch tall fence is proposed in the front yard and has a varying setback that ranges between 18 feet and 5 inches to 25 feet and 6 inches from the front property line.
The 9-foot 1-inch fence height include the grade difference as measured from the top of the street curb. There is an approximate 2¾ foot gradual slope down away from the house both toward the street and the front property line. The new fence shall be installed on the right side of the house and proposes horizontal wood boards.
The proposed tall fence is in keeping with the Eichler neighborhood pattern in terms of location, height, and setback. Several homes within the neighborhood block have tall wall or fence conditions that enclose the front patio area. The fences are generally setback back along the same plane as the garage door (ranges 18 to 23 feet setback) and typically consist of wood and/or brick material. The proposed fence would not be out of character and or have a negative visual impact because the height of the fence is below the height of the house and the landscaped front yard helps softens the appearance of the fence.
The project is consistent with the Eichler Design Guidelines 3.5.4 in that the proposed fence is integrated into the house style and maintains simple and clean forms. The proposed fence is setback at least 18 feet from the front property line and the design is simple and modern in appearance.
NEIGHBORHOOD IMPACTS/COMPATIBILITY:
The proposed horizontal wooden fence is contemporary in style and consistent with the Eichler Design Guideline. The fence has a varying setback from the front property line and ranges between 18 feet 5 inches to 23 feet and 6 inches and maintains the open front yard character of the neighborhood. The proposed fence design and location are compatible with the existing fences found elsewhere in the neighborhood and will improve the aesthetics of the existing streetscape.
See Attachment 2 for Use Permit Findings.
PUBLIC CONTACT
65 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 with recommended Conditions of Approval 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 Conditions in Attachment 3.
Staff
Prepared by: Cindy Hom, Associate Planner
Approved by: Momo Ishijima, Senior Planner
ATTACHMENTS
1. Vicinity and Noticing Maps
2. Recommended Findings
3. Recommended Conditions of Approval
4. Site and Architectural Plans
5. Use Permit Justification Form
6. Neighborhood Context photos