101-Fence ordinance - electronic gates.pdf COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: September 7, 2010
Subject
Discussion of possible removal of the reference to “electronic gates” in Municipal Code
Section 16.28 - Fences
Recommended Action
Provide direction to staff
Description
Applicant Name: City of Cupertino
Location: City-wide
Background
On August 3, 2010, the Council asked staff to agendize the topic of electronic gates for
discussion.
The issue of electronic gates came up due to comments at the August 3, 2010, Council
meeting from a resident on a code enforcement action related to a tall fence and
electronic gates in his front driveway. He questioned why he was the only property
owner who was the subject of code enforcement when he had identified others with
similar fences and electronic gates. Staff has been following up on all of those
complaints (see Attachment A for staff’s response letter to Mr. Jiang).
Discussion
Section 16.28.040 of the Municipal Code prescribes residential fencing standards.
Generally, these requirements reflect the community’s goals in preserving
neighborhood identity and aesthetics, ensuring neighborhood safety, and improving
connectivity and social interaction (see Attachment B, General Plan Policy 2-22, Strategy
4). The regulations discourage isolation of developments from the community since tall
fences and gates do not allow residents to keep an eye on their neighborhood and
streets (which is important for the effectiveness of the Neighborhood Watch Program)
and ensuring a safe neighborhood environment. Consequently, fences taller than three
feet and driveway gates are not permitted in the front yards. The Fire Department also
has concerns related to unpermitted gates which may not meet their requirements for
emergency access.
Taller fences are allowed at side and rear property lines behind the front yard setback to
maintain the privacy and security of a property (see Attachment C, Fence Ordinance).
Gates on single-family lots are allowed in certain cases by exception as long as:
• There are demonstrated safety and security reasons (for example, when garages are
located in the rear yard area);
• The gates are at least 30 feet back from the front property line; and
• They meet Fire Department requirements for emergency access.
Setting gates back allows for guest parking in the front driveway (two open driveway
spaces are required per the Parking Ordinance for each single-family home) and avoids
queuing and parking impacts on neighborhood streets.
In the interests of maintaining safety and security of neighborhoods, and ensuring
emergency access to homes, staff is not recommending significant amendments to the
Fence Ordinance. However, staff recommends removing the reference to electronic
gates in the ordinance as follows:
16.28.045 Roadway and Driveway Gates.
Roadway and driveway gates may be approved through a fence exception if the development
meets any one of the following conditions: is a mixed-use development, where the parking for
different uses needs to be separated to assure availability of parking for each use; if a development
includes a below-grade parking structure, where the gates are required to secure the below grade
parking; if gates are required for a development to obtain federal or state funding; if the
development is secluded; if the electronic gates are needed for demonstrated security and/or
demonstrated safety reasons; or if the electronic gates were in existence prior to September 20,
1999.
It should be noted that the above amendment will not remove the requirement for code
enforcement action in cases involving front yard fences and gates that do not conform
to the Fence Ordinance.
Ordinance Amendment Process
If Council finds merit in the change recommended above, it should provide staff with
direction to initiate the ordinance amendment process accordingly. A draft ordinance
will then be presented for Planning Commission review and forwarded to the Council
for final consideration.
Timing
Staff will be able to begin work on the amendments suggested above in September 2010.
However, due to reduced staffing levels and some large projects currently in the work
program (i.e., Green Building Ordinance, Development Permit Process - Matrix and
Residential lots with slopes of 15% to 30%), any major amendments to the Fence
Ordinance may have to be deferred until projects currently in progress are completed. ____________________________________
Prepared by: Piu Ghosh, Associate Planner
Reviewed by: Gary Chao, City Planner and Aarti Shrivastava, Community
Development Director
Approved for Submission by: David W. Knapp, City Manager
Attachments: A. Letter to Mr. Jiang dated September 1, 2010
B. General Plan Policy 2-22
C. Fence Ordinance