Planning commission denies appeal for overheight front fence at 246 La Cuesta Drive

The San Mateo County Planning Commission on March 12 denied an appeal by the owner/applicant to allow a higher fence and gate at 246 La Cuesta Drive, voting 4-1 to uphold the countyzoning standard that limits fences in the front setback to 4 feet.

Planner Tiffany Gee summarized the staff report, saying the case began as a code enforcement matter and that the applicant sought a fence-height exception to allow a 6-foot gate and a 5-foot fence within the front setback. Gee said staff found all approval findings except one: "no member of the public or organization or association has submitted to the director of planning and building written objection to the exception request," and that the appeal findings could be made only after review and conditions. Gee also noted the project is categorically exempt from CEQA under Class 3 (CEQA Guidelines Section 15303) for accessory structures.

The commission heard from the applicant and neighbors before debating. Owner/applicant Jin Ming Yu (who spoke at the hearing) said he built the fence after moving into the neighborhood two years earlier and that the fence was intended to provide privacy and block vehicle lights from the nearby Woodland School pick-up and drop-off activity. He said he was willing to lower the fence to 4 feet "if I have to, like, with all the objections."

Neighbors urged the commission to deny the exception. Sherry Lund, who said she has lived across the street for 37years, described the neighborhoodas generally open in character and said higher fences would change its appearance; she also objected to a backlit house number on the subject property that she said creates strong light at night. Longtime resident Lenny Roberts said Laderaresidents value "kindness, helpfulness and neighborliness" and requested the planning directordecision be upheld because allowing the exception could set a precedent.

Commission discussion focused on neighborhood character and precedent. Commissioner Ketchum said the existing pattern of mostly open front yards made an overheight solid fence "not in character with the neighborhood." Commissioner Gupta asked whether granting the appeal would remove the code violation; staff confirmed that approval of an exception would correct the violation, otherwise the fence must be lowered to 4 feet.

Commissioner Ramirez moved to deny the appeal on the basis that the fence height did not conform to current standards and was not in character with the neighborhood; Commissioner Gupta seconded. The motion passed 4-1 (Gupta, Ketchum, Ramirez and Chair Serrano Quan voting yes; Commissioner Hansen voting no).

The commissiondid not adopt any special additional conditions beyond those already identified in the staff report; staff noted that, if the applicant wishes, the property owner may lower the fence to the compliant 4-foot height instead of pursuing an exception.

The commission closed the public hearing and moved on to the next agenda item.