CITY OF SUNNYVALE
REPORT
Planning Commission
April 28, 2003
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SUBJECT: |
Gregory and Nina Missman (Appellant) Application for a 5,200 square foot site located at 311 Orchard Avenue in an R-0 (Low-Density Residential) Zoning District. (APN 204-31-021) (EW) |
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Motion |
2003-0178 - Appeal of a decision by the Director of Community Development approving a Miscellaneous Plan Permit for a two and three-foot tall solid wood fence in the required front yard. |
REPORT IN BRIEF
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Existing Site Conditions |
Single Family Residential |
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Surrounding Land Uses |
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North |
Single Family Residential |
South |
Single Family Residential |
East |
Single Family Residential |
West |
Across San Bernardino Way Apartment Complex- High Density Residential |
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Issues |
Safety Neighborhood Aesthetics |
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Environmental Status |
A Class 11 Categorical Exemption relieves this project from California Environmental Quality Act provisions and City Guidelines. |
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Staff Recommendation |
Denial of the Appeal |
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PROJECT DATA TABLE
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EXISTING |
PROPOSED |
REQUIRED/PERMITTED |
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General Plan |
Low Density Residential |
Same |
--- |
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Zoning District |
R-0 |
Same |
--- |
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Lot Size (s.f.) |
5,200 |
Same |
6,000 min. |
ANALYSIS
Background
On March 14, 2003, a Miscellaneous Plan Permit was approved by the Director of Community Development to allow the construction of a 2 and 3 foot tall solid wood fence to be located in the required front yard at the property located at 311 Orchard Avenue (See Attachment 3, Site Plan and Fence Detail). A Miscellaneous Plan Permit is required for fences that are up to 3 feet in height and located in the required front yard. No fee or fence agreement with adjacent neighbors is required. Fence agreements are only required for fences taller than 6 feet and shorter than 7 feet.
Miscellaneous Plan Permits may be appealed by anyone within 15 days after approval. They are appealed to the Planning Commission, and the Planning Commission’s decision is final.
On March 28, 2003 the Miscellaneous Plan Permit was appealed by the adjacent property due to concerns with the design of the solid wood fence (See Attachment 6, Letter from Appellant).
Description of Proposed Project
Location
The proposed wood fence would be located in the required front yard located to the northern side of the applicant’s property and six inches from the existing wire fence line. (See Attachment 3, Site Plan). There is an existing two-foot tall wire fence located on the adjacent property.
Design
The proposed fence would be 3 feet in height for a length of 22 feet. Then, it would step down towards the public street to 2-feet in height for a length of 5 feet (See Attachment 3, Fence Detail). The proposed design is solid board-on-board construction.
Vision Triangle
The driveway vision triangle is created by measuring ten feet along the outer edge of a driveway and ten feet along the back edge of a public sidewalk from the point where the driveway and sidewalk meet. Connecting these two lines with a diagonal line completes the triangle and forms the driveway vision triangle. The proposed fence is located in the vision triangle of both the subject driveway and the adjacent property’s driveway. Fences, hedges, shrubs or other natural objects 3 feet or less in height may be located within a vision triangle. The proposed fence would be 3 feet and less in height. Therefore, it meets the driveway vision triangle requirements.
Environmental Review
A Class 11 Categorical Exemption for accessory structures relieves this project from California Environmental Quality Act provisions and City Guidelines.
Compliance with Development Standards
The proposed fence meets the required driveway vision triangle requirements and meets the Single Family Home Design Techniques for fences.
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Single Family Home Design Techniques |
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3.11.G. Fencing along front property lines and along side property lines within front yard setback areas should not exceed three feet in height. |
The proposed fence located along the side property line within the front yard setback does not exceed three feet in height. |
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3.11.G. Side fencing may be solid wood boards, but open latticework segments at the top of the wall are softer in appearance and encouraged. |
The fence is proposed to be a solid wood, boards, a board on board design. |
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3.11.G. For side property lines abutting a public street, low fencing is encouraged. |
The proposed fence height would be a low 2 and 3 feet tall. |
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3.11.G. Chain link fencing is strongly discouraged. |
The fence would be constructed from redwood. |
Expected Impact on the Surroundings
The adjacent property owner has appealed the Miscellaneous Plan Permit due to concerns regarding the solid wood design of the proposed fence (See Attachment 6, Letter from Appellant). The appellant has indicated to staff that the height of the fence is not an issue rather the solid wood design presents a potential public safety issue with regards to visibility between properties. The appellant has small children and is concerned that the proposed solid wood fence design will prevent safe visibility for a car pulling out of the adjacent driveway. Additionally the appellant indicated to staff concerns regarding the health of the existing roses and plant material located on his property due to the limitation of sunlight caused by the solid wood fence.
Staff has determined that safety of automobiles, pedestrians and bicyclists will be not be compromised by the addition of a 2 and 3 foot tall fence, as any object up to 3 feet in height is allowed within the driveway vision triangle. In addition, there are examples within the surrounding neighborhood of similar 3-foot tall fences, which are located on side property lines within the front yard setback (See Attachment 5,
Photos of Frontyard Fences within the Surrounding Neighborhood).Staff Discussion
Staff discussed design options with both the applicant and the appellant to see if a compromise could be found in regards to the construction of the two and three foot tall wood fence. The applicant indicated to staff that a solid wood construction was desirable. The appellant indicated to staff that open rail construction was desirable. Staff was not able to mediate an agreement. Staff has suggested the possibility and availability of professional mediation services to both parties. Both parties have declined.
Findings, General Plan Goals and Conditions of Approval
Staff is recommending denial of this Appeal because the Findings (Attachment 1) for the Miscellaneous Plan Permit could be made. However, if the
Planning Commission is not able to make the required Findings, Staff is recommending the Conditions of Approval in Attachment 2.
Fiscal Impact
No fiscal impacts other than normal fees and taxes are expected.
Public Contact
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Notice of Public Hearing |
Staff Report |
Agenda |
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No public correspondence has been received for this project.
Alternatives
Recommendation
Alternative 1.
Prepared by:
Erin Megan Walters
Project Planner
Reviewed by:
Gerri Caruso
Principal Planner
Reviewed by:
Trudi Ryan
Planning Officer
Findings – Miscellaneous Plan Permit
The director or planning commission may approve any miscellaneous plan permit, as it finds desirable in the public interest, upon finding that the permit will either:
Attain the objectives and purposes of the general plan of the city of Sunnyvale
The project’s design and height meet the requirements of the "Single Family Home Design Techniques" as the proposed fence located along the side property lines within front yard setback areas does not exceed three feet in height and is constructed of solid wood boards.
Ensure that the general appearance of proposed structures, or the uses to be made of the property to which the application refers, will not impair either the orderly development of, or the existing uses being made of, adjacent properties.
The proposed project’s design and height is in keeping with the character of the neighborhood and existing uses. The proposed use will not impair the existing use of the adjacent property, as there is currently an existing 3-foot fence located between the properties Additionally the proposed 2 and 3 foot tall fence meets the driveway vision triangle requirements for visibility purposes.
Conditions of Approval – Miscellaneous Plan Permit
In addition to complying with all applicable City, County, State and Federal Statutes, Codes, Ordinances and Resolutions, the Permittee expressly accepts and agrees to comply with the following Conditions of Approval for this Permit.