CITY COUNCIL STAFF REPORT
Meeting: June 18, 2024
Subject
Proposed Municipal Code Amendments to Chapter 19.48 (Fences), Chapter 19.12 (Administration), and Chapter 19.08 (Definitions) and related CEQA exemption . (Application No.: MCA-2024-001; Applicant: City of Cupertino; Location: Citywide) Recommended Action
Conduct the first reading of Ordinance No. 24-___: An Ordinance of the City Council of the City of Cupertino amending Chapter 19.48 (Fences), Chapter 19.12 (Administration) and Chapter
19.08 (Definitions), which includes a finding to find the actions exempt from CEQA.
Discussion
Background
Cupertino Municipal Code (“CMC”) Chapter 19.48, Fences, outlines the City’s requirements for placement and design of fences on all properties in the city. Periodically, provisions in the Municipal Code is reviewed for consistency with State law and internal policies, clarifications, corrections, and to consider changes to existing standards to address issues that arise in the community. Revisions to the Fence Ordinance, last modified in 2011, are proposed to streamline City permitting operations and staff review by modifying fence standards and the applicability of the Fence Exception Permit process related to driveway gates. Additionally, minor corrections and edits for consistency, readability, and clarity are proposed to the Fence Ordinance and associated definitions as part of this amendment.
On May 28, 2024,
1 the Planning Commission recommended the Council adopt the proposed ordinance without revisions. Planning Commission’s discussion was focused on understanding the differences between the existing and proposed regulations , including questions about applicability of the regulations to hedges and similar vegetation located in interior yards. While the Planning Commission did not recommend any changes to the regulations as presented to them, staff has made some clarifying edits related to hedges based on the Commission’s comments following the Planning Commission meeting . Standards modified by staff to reflect the discussion of the Planning Commission at their May 28th meeting are included in Attachment A. Staff recommends that the Council adopt the proposed ordinance (Attachment A).
1 Planning Commission Resolution 2 024-08 available online at: https://chl-lf- app.cupertino.org/WebLink/DocView.aspx?id=1101563&dbid=0&repo=CityofCupertino MCA-2024-001
June 18, 2024 Amendment to Chapter 19.48 (Fences) Page 2
Analysis
A summary of the proposed amendments to the Fence ordinance is provided below. Please note that the discussion below does not reflect the full scope of changes of the proposed ordinance (Attachment A). The proposed amendments are identified with strikethroughs and underlines, as appropriate, in Attachment B. Language that has been relocated in the chapter is indicated in green text with double underlines and/or strikethroughs. Standards modified by staff to reflect the discussion of the Planning Commission at their May 28th meeting are included in Attachment A.
Section 19.48.010 - Fence Location and Height in all Zones Except R1, RHS, R2, and R3 (with up to Four Units)
Updates are proposed to clarify this section’s applicability and to further refine the requirements for fences subject to Design Review. These updates are intended to aid in a more consistent and transparent application of the standards.
Section 19.48.030 - Fence Location and Height for Zones Not Requiring Design Review Fence Height: Proposed amendments align the Zoning Code with the Building Code by allowing up to a seven-foot tall fence without neighbor approval in areas where a maximum six-foot tall fence is currently allowed. Changes to the Building Code in 2013 allowed the construction of seven -foot tall fences without a building permit; however, the Fence Ordinance, part of the Zoning Code, still requires neighbor approval for fences taller than six feet. Therefore, while a building permit is not required from the City to construct a seven- foot tall fence, the typical height of residential neighborhood fences, interaction with the City is expected to ensure a neighbor approval form is submitted. This process is cumbersome for property owners and contractors. As a result, seven -foot tall fences are commonly erected without neighbor approval forms being submitted. The proposed Code modification streamlines the process for construction of a fence that does not need a building permit.
Fences between seven and eight feet in height would continue to be allowed, subject to building permit approval and upon receipt of written approval from abutting property owners. For purposes of the fence ordinance, screening hedges are exempt from any height requirements in interior and rear yards. A diagram outlining the proposed fence regulations has been provided as Appendix A in the proposed ordinance (Attachment A). Hillside Fences: Modifications to the requirements for hillside fences are also proposed to reduce the area where non-open fencing is allowed. The current standard allows up to 5,000 sq. ft. of space enclosed by solid board (or non -open) fencing on lots greater than 30,000 sq. ft. and an unlimited amount of area enclosed by solid board (or non -open) fencing on lots with a net lot area of 30,000 square feet or less. The proposed standard reduces the lot size for lots with an unlimited allowance for non -open fencing from 30, 000 square feet to a maximum of 10,000 square feet. This change is proposed to provide consistency with General Plan Policies LU -12.1.1 and ES -5.3.2
2 and to ensure consistency with the intent of the
2 Cupertino General Plan (Community Vision 2015 -2024), Chapter 3: Land Use and Community Design “Policy LU-12.1: Land Use Regulations Establish and maintain building and development standards for hillsides that ensure hillside protection.”
MCA-2024-001
June 18, 2024 Amendment to Chapter 19.48 (Fences) Page 3
Residential Hillside zoning to preserve the natural setting of the hillsides and to avoid overdevelopment in the Hillside Zoning areas. The General Plan and Municipal Code currently treat residential properties with slopes greater than 20 percent similar to those zoned Residential Hillside ; therefore, a clarification has been included to ensure the consistent application of fence standards to those residential properties not in the Residential Hillside zone but with slopes exceeding 20 percent.
Ornamental Features: Residents have, over the years, want ed to incorporate ornamental features, such as arbors and trellises, to accentuate entry areas as part of their fence design; however, these features are not currently addressed in the Municipal Code and must be accommodated via a Fence Exception process. To streamline and accommodate these requests without having to go through a permit process, standards are proposed to allow for minor ornamental entry features. These features include entry arbors and trellises, which do not exceed eight feet in height or a cumulative area of twenty -five square feet. These standards outline the location and design requirements of these structures, including limiting the features to only those that are structurally integrated with fences and located along street lot lines.
Other: Additional minor clarifications are proposed to ensure a more consistent application of standards, including a clarifying standard for measuring setbacks and the restrictions of corner and sight triangles.
Section 19.48.040 – Fence Design Requirements
The new Fence Design Requirements section replaces the previous “Prohibited Fences” section (currently Section 19.48.090) and provides an outline of the allowed and prohibited materials and maintenance requirements for fences. Prohibited and allowed materi als are proposed based on aesthetics, durability, and material compatibility, i n other words, materials normally manufactured for, used as, and recognized as fencing materials. The addition of these standards to Chapter 19.48 is intended to provide regulation of materials that are considered incompatible with neighborhood design standards.
Flexibility in these standards is incorporated through the proposed language which allows for some prohibited materials to be used where not visible by the public or neighboring property owners and allows for unlisted materials to be considered when determ ined to be safe and commercially acceptable.
Additionally, a standard has been added to address the area between an erected fence and the back of curb. This standard requires that the area be maintained with either landscaping or pervious flatwork and is included to ensure that these areas on private property, but adjacent to the public right-of-way and visible to the public, are well maintained.
Chapter 6: Environmental Resources and Sustainability Element “P olicy ES-5.4: H illside Wildlife Migration. Confine fencing on hillside property to the area around a building, rather than around an entire site, to allow for migration of wild animals.”
MCA-2024-001
June 18, 2024 Amendment to Chapter 19.48 (Fences) Page 4
Section 19.48.050 – Proximity of Plants and Fences to Public Streets This section has been reordered and includes no substantive changes. The public right of way continues to be required to be free and clear of plants and private fences.
Section 19.48.060 - Roadway and Driveway Gates
Modifications to this section are intended to simplify the process for approval of roadway and driveway gates3 by allowing gates that currently require approval of a Fence Exception prior to issuance of a building permit, with just a building permit. In order to be approved without a Fence Exception, these gates would need to meet the updated standards outlined in this section, including standards for setback, height, and design. The standards are proposed to ensure that gates would be aesthetically well-designed and not interfere with vehicular or pedestrian traffic, parking, or public access to commercial sites. Driveway gates in all circumstances must meet a minimum setback of 20 feet from the existing or planned public rights-of-way.
Additionally, the proposed changes clarify the standards for gates subject to the Fence Exception review process. All modifications to this section are intended to streamline the permitting process for driveway and roadway gates while ensuring consistency in design and addressing potential safety concerns.
Section 19.48.070 – Exceptions-Findings
Minor changes are proposed to clarify exception findings, including specifying the applicability of some findings and consolidating similar findings.
Section 19.48.080 – Temporary Fences for Construction
Additional standards are included relating to the placement, allowable materials, and location of construction fences. These standards are intended to clarify when temporary fences for construction are allowed and the physical condition under which they must be maintained.
Section 19.48.090 – Violation-Penalty
Reordered, no changes.
Other Chapters
To aid in the implementation of the new and modified standards outlined above, minor revisions to Chapter 19.08 and conforming changes to Chapter 19.12 are proposed as follows:
Chapter 19.08, Definitions
Definitions of “Accessory Structure,” “Fence,” “Fence Height,” “Residential District,” and “Sidewalk Sight Triangle” are modified, and a definition of “Hedge” is proposed for clarity and consistency with the proposed amendments.
Chapter 19.12, Administration
Reference to Fence Exception findings section is updated in Table 19.12.030.
3 Roadway gates are those which regulate entry to a private thoroughfare, whereas driveway gates are those that regulate entry to a private driveway (i.e. direct connection from street to property).
MCA-2024-001
June 18, 2024 Amendment to Chapter 19.48 (Fences) Page 5
Next Step
If the City Council votes to introduce the ordinance, s taff expects to bring the ordinance to City Council for adoption on July 2, 2024. If approved, the standards would go into effect on August 1, 2024.
Sustainability Impact
No sustainability impact.
Fiscal Impact
No fiscal impact. The proposed amendments are intended to streamline review processes associated with fences. As such, it is expected that there will be a reduction in the amount of staff time used to address fence construction. Where an exception is proposed for fences not meeting the requirements of Chapter 19.48, a Fence Exception would be processed and the associated fee is expected to cover staff’s review time.
California Environmental Quality Act (CEQA)
The proposed ordinance revisions are not a project within the meaning of section 15378 of the California Environmental Quality Act (“CEQA”) Guidelines because they have no potential for resulting in physical changes in the environment, either directly or indirectly; and in the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment.
Prepared by: Emi Sugiyama, Associate Planner
Reviewed by: Luke Connolly, Assistant Director of Community Development
Approved for Submission by: P amela Wu, City Manager
Attachments:
A – Draft Ordinance
B – Redlined and Annotated Ordinance