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HomeMy WebLinkAbout3.2 v TOWN OF LOS ALTOS HILLS December 8, 2005 Staff Report to the Planning Commission RE: A REQUEST FOR AN EXCEPTION TO SECTION 10-1.507(C)(5) OF THE MUNICIPAL CODE FOR A SIX FOOT (6') TALL BROWN VINYL CHAIN LINK FENCE ALONG THE SILENT HILLS LANE FRONTAGE. THE CODE REQUIRES FOUR AND A HALF FEET (4.5') TALL AS THE MAXIMUM HEIGHT PERMITTED. THE REQUEST FOR THE EXCEPTION IS PURSUANT TO SECTION 10- 1.507(D). LANDS OF PERRELL; 26300 SILENT HILLS LANE; FILE #165-05-ZP. FROM: Brian Froelich, Assistant Planner ' APPROVED BY: Carl Cahill, Planning Director0.C. RECOMMENDATION That the Planning Commission: Deny the proposed fence height exception and require a fence compliant with Section 10- 507(c)(5). ALTERNATIVE Approve the requested exception to allow 175 linear feet of six foot (6') tall, brown vinyl coated chain link fence along Silent Hills Lane citing the applicant's findings outlined in attachment #2 (26300 Silent Hills Lane) and subject to the recommended conditions of approval in attachment#1. CODE REQUIREMENTS Section 10-1.507 of the Los Altos Hills Municipal Code regulates fences, walls, gates, and columns. The proposal does not meet the requirements of said Section, therefore, requires Planning Commission review pursuant to Section 10-1.507(d) of the Municipal Code. Section 10-1.507(d) outlines three findings that must be made in the affirmative in order to approve any exception to Section 10-1.507. BACKGROUND The subject property is located to the west of Altamont Road on the west side of Silent Hills Lane. The site is currently in the final construction stages of a new residence, secondary dwelling unit, carriage house, and a cabana approved by the City Council on September 12, 2002. The Landscape Screening plan was reviewed and approved by the Planning Commission on September 8, 2005. Planning Commission Lands of Perrell r 26300 Silent Hills Lane December 8,2005 Page 2 DISCUSSION The property owner proposes a six foot (6') tall, brown vinyl coated chain link fence along the property boundary adjacent to Silent Hills Lane. A 175 foot portion of the fence is proposed nearer than the required 45 feet (for a 6' open fence) from the centerline of the Silent Hills Lane right-of-way (Section 10-507(c)(5)). The owner cites, in a letter (attachment 2), that concerns for security and safety of his private property, family, and guests and protection from wild animals that may cause damage or harm to landscaping or pets as the reasons for the requested exception. The owner asserts that a six foot (6') tall fence will provide the desired level of security. The owner has prepared the required findings for approval (attachment#2) (26300 Silent Hills Lane). A vineyard has been installed on the property near the Silent Hills Lane frontage and if a conforming (6') fence were installed it would require removal of portions of the existing vineyard in this area. The plans indicate a portion of the 175 foot proposed fence to be located in the Public Utilities Easement. The Town cannot approve any fencing in a P.U.E. without written consent from the Utility Companies. If this proposal is approved, the conditions of approval (attachment# 1) address this issue. A neighboring property at 26410 Silent Hills Lane (Lands of Cleary) was issued a variance (per code at that time) in April, 2002 for a wall and fence to be located closer to the Silent Hills Lane centerline than the minimum required by code. The standards related to fences have been amended since that approval (July, 2004). The findings establish that a hardship exists because Silent Hills Lane dead ends in a fork at the Cleary and Perrell driveways. If the road dead-end was in a cul-de-sac shape, a variance would not have been required. With regard to the current request, there is nothing unusual about the fronting road design or configuration that results in a hardship. Findings for denial are attached to this report (attachment #3). Specifically, finding #1 requires that a proper balance, unity and harmonious appearance be created in relation to the site and in relation to the aesthetic or rural character of the surrounding neighborhood. The fencing provisions were revised through a series of study sessions and public hearings and were amended in July, 2004. Code Section 10-1.507(c)(5) establishes standards for aesthetics and rural character by requiring six foot (6') open fences to be located 45 feet from the centerline of rights-of-way. The same level of security the applicant requests could be achieved via removal of portions of the vineyard and installation of a conforming fence. r Planning Commission Lands of Perrell 26300 Silent Hills Lane December 8,2005 Page 3 ATTACHMENTS 1. Recommended Conditions of Approval, 26300 Silent Hills Lane 2. Findings for the Exception prepared by Charles Perrell 3. Recommended Findings for Denial of the Exception, 26300 Silent Hills Lane 4. Letter of support from neighbor 5. Fence plans for items 3.2 and 3.3 (Commission only) Cc: Charles F. Perrell 1405 Fairway Drive Los Altos, CA 94024 L i v Planning Commission Lands of Perrell 26300 Silent Hills Lane December 8,2005 Page 4 ATTACHMENT RECOMMENDED CONDITIONS FOR AN EXCEPTION TO EXCEED MAM" FENCE HEIGHT LANDS OF PERRELL, 26300 SILENT HILLS LANE File#165-05-ZP A. PLANNING DEPARTMENT: 1. The fence shall not encroach upon or cross any easement. 2. This approval is for a vinyl coated chain link fence(brown)with a maximum height of 6 feet.No other structures or installations shown on the plan are approved with this permit. 3. The location, height, and materials of the fence shall be constructed according to the approved plans. Any changes to the location, height, or construction shall first be approved by the Site Development Authority. 4. The property owner shall be responsible for confirming all property line and easement locations and verify that new installations are located within the property. If a property line dispute results from this installation, it is a civil matter and the Town of Los Altos Hills cannot assist in determining the property line location or resolving the dispute. 5. Height is measured from the finished grade to the top of the fence,gate, or column at any point(including post/column caps/decorative feature). 6. The approval of this fence plan shall not be construed to be a permit for any violation of any code,policy,or ordinance. 7. No additional exterior lighting is approved with this permit. 8. Upon completion of construction, the applicant shall arrange a final inspection with the Planning Department. B. ENGINEERING DEPARTMENT: 9. Any, and all, changes to the proposed grading and drainage shall first be approved by the Town Engineering Department. No grading shall take place during the grading moratorium(November 1 to April 1) except with prior approval from the City Engineer. No grading shall take place within ten feet of any property line. 10. Any, and all, areas on the project site that have the native material disturbed shall be protected for erosion control during the rainy season and shall be replanted prior to final inspection. ATTACHMENT 02, October 19, 2005 RECEINIEP OU T 1 9 2005 Town Hall—Planning Dept 26379 Fremont Road CQUVN OF LOS ALTOS H Los Altos Hills,CA 94024 Attention:Mr.Brian Froelich RE: 26300 Silent Hills Lane Fence Site Development Application 26411 Eshner Court Fence and Gate Site Development Application Dear Mr.Froelich: Here is the information you requested to append my applications for fence and gate site development. 1. Findings for Silent Hills proposed fence: a. Security: the six foot fence protects residents, guests and property. There have been four reported incidents of vandalism and one theft in just the past six months on this property. Deer will destroy (as they did three years ago when a vandal opened the temporary fence on a weekend) the vineyard and new plantings; coyotes (seen on property even during construction)are a threat to small children and to the owners' 25 lb.dog. b. The height and design of the proposed fence is in balance with the rest of the site and the neighborhood.The only other existing residence on Silent Hills Lane,the Clearys, has a six foot cyclone fence as well. The only other Silent Hills Lane lot is owned by Tom LeFevre, and he supports this fence as does the adjacent neighbor,the Hortons (letters provided to Town). Numerous neighbors use similar fence of this height with similar or less setback(on Julietta,Byne Park,Carrington Circle;Natoma,et al): c. The rural character is preserved. The fence does not interfere with views. The see through fence shows the vineyard, and since the hills rises behind the fence, the landscape of oaks is dramatically visible. There is a nice setback of over 30' which will be landscaped with a native look. d. The proposed development is approved and in compliance with all regulations and policies of the Site Development ordinance. PG&E has provided written approval for the section of fence that intersects the unused utility easement. 2. Findings for Eshner proposed fence/gate: a. Security: the six foot fence protects residents, guests and property. There have been four reported incidents of vandalism in just the past six months on this property. Deer will destroy(as they did three years ago when a vandal opened the temporary fence on a weekend) the vineyard on the contiguous Silent Hills property and new plantings; coyotes(seen on property even during construction)are a threat to small children and to the owners'25 lb.dog. b. The height and design of the proposed fence and gate create a proper, attractive, balanced appearance with the rest of the site and the neighborhood. The adjacent lot's Exhibit SH r owner, the Hu family, approves the proposed fence and gate plan (letter provided to Town). c. The conservation easement does not extend onto the adjacent Hu property, so the proposed fence does not bisect the easement. The easement was intended and granted to prevent building on the steep grade and to preserve the large oaks. The proposed fence does not conflict with the intent of the conservation easement: it is not an `open' space for wildlife migration. Deer use the Pathway on this property to travel to/from the Packard orchard. d. The rural character of the site is preserved.Note the owners have no current plans to build a home on this lot (each day of preservation has value). The fence does not interfere with views..The see-through fence and gate are below the hillside with the landscape of oaks dramatically visible. e. The proposed development(none besides the fence/gate and native look landscaping) is in compliance with all regulations and policies in the Site Development ordinance. 3. Nine sets of plans: a. L 1.1 site plan showing both (in bubble) the Silent Hills and Eshner proposed fences/gate. b. Elevation sketch of proposed Eshner gate. rely, � Charles F. Perrell 1405 Fairway Drive Los Altos,CA 94024 ATTACHMENT 3 RECONAMENDED FINDINGS FOR DENIAL LANDS OF PERRELL, 26300 SILENT HILLS LANE File#165-05-ZP 1. The height and design of the proposed fence, wall, gate or column create a proper balance, unity and harmonious appearance in relation to the site and in relation to the aesthetic or rural character of the surrounding neighborhood: Code Section 10-1.507(c)(5) establishes standards for aesthetics and rural character by requiring six foot (6') open fences to be located 45 feet from the centerline of rights-of-way. The same level of security the applicant requests could be achieved via removal of portions of the vineyard and installation of a conforming fence. This finding cannot be made in the affirmative. 2. The rural character of the site has been preserved as much as feasible by minimizing vegetation and tree removal, excessive and unsightly grading and alteration of natural land forms: This installation of the proposed fence would not require removal of trees or large amounts of vegetation. Excessive grading and alteration of natural landforms would not be required for the installation. This fining is made in the affirmative 3. The proposed development is in compliance with all regulations and policies set forth in the Site Development ordinance: The proposed development is in compliance with all regulations (aside from the requested Exception). Six foot (6') tall, brown vinyl chain- link fences are permitted by code. This finding is made in the affirmative. L - ^ �) � ATTACHMENT ~� September 28. 2OO6 Town of Los Altos Hills Planning 2637QFremont Road Los Altos Hills, CAQ4U22 Ra: PerreMlots 203OOSilent Hills Lane and 2G411EahnexCourt Dear Planning Staff: I support the Perrell's fencing/gate plans for both their Silent Hills and Eshner Court lots. We look forward to seeing the coOopksbad project and feel it will be an attractive addition to the neighborhood, Sincerely, Michelle Hu Los Altos Hills Z-d 898k'6i76-099 119ue6 )R uiunoU!nB d0G:C0 90LZ daS