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HomeMy WebLinkAbout3.5 57 Town of Los Altos Hills December 8, 2005 Staff Report to the Planning Commission RE: PROPOSED AMENDMENTS TO FENCES, WALLS, GATES, AND COLUMNS ORDINANCE §10-1.507 FROM: Leslie Hopper, Project Planner APPROVED BY: Carl Cahill, Planning Directorr-.C, RECOMMENDATION That the Planning Commission: 1. Review the staff report and attached ordinance with proposed amendments, consider any revisions, and forward a recommendation to the City Council. BACKGROUND On June 2, 2005 the City Council formed an Ad Hoc Planning Committee authorized to review the current fence ordinance and develop proposed amendments. From July through September, the Ad Hoc Committee met regularly to formulate its fence recommendations, which are incorporated in the proposed ordinance attached to this report. The Ad Hoc Committee reviewed the fence ordinances of Woodside, Portola Valley and Saratoga as a basis for comparison with the Town's requirements. Major issues considered by the committee included the approval process and notification of neighbors, as well as the preferred design of fences and the impacts of fences on wildlife corridors. The current fence code (Section 10-1.507)was adopted by the City Council on April 15, 2004. On September 8, 2005, the Ad Hoc Planning Committee submitted its draft fence ordinance proposal to the Planning Commission for review and comment. The Ad Hoc Committee has incorporated the Planning Commission's comments into the attached ordinance. The September 8, 2005 Planning Commission meeting minutes are attached. DISCUSSION Major changes in the proposed fence ordinance are shaded in gray, and are summarized below: 1. Purpose. A statement of purpose was added in Section 10-1.507(a) to articulate the Town's philosophical basis for establishing fence requirements, which is to balance safety and privacy concerns with the preservation of the open,rural quality of the Town. 2. Public Notice and Hearing. The following types of permit requests listed in Section 10- 1.507(e) would require notification of neighbors and a site development hearing: • Fences that require the removal of existing landscape screening. • Solid fences that impact neighbor views. • Any other proposal that the Planning Director deems appropriate for a hearing, such as chain link fences along a roadway or fences longer than 1,000 linear feet. Planning Commission December 8,2005 Page 2 of 2 Notification is limited to adjacent neighbors and neighbors across the street. 3. Design Guidelines. Preference for open fences using natural materials and colors is clearly stated in Section 10-1.507(e). Current requirements for granting exceptions to design standards have been omitted. 4. Development Standards. Section 10-1.507(f) includes the following additions to existing development standards: • Subsection (1) clarifies that fences and walls located on property lines or in setback areas not adjacent to a road right-of-way are limited to 6 feet in height. • Subsection (2) clarifies that there is a sliding scale for fence heights, which may be proportionately increased 1 foot for every 10-foot increase in setback up to a maximum of 6 feet in height. • Subsection (3) clarifies that fences, walls, gates and columns located behind setback lines are not subject to height limitations. • Subsection (10) makes fences located in or around officially designated ed wildlife corridors subject to the same requirements that apply to fences on the perimeter of open space/conservation easements. 5. Nonconforming Fences. Currently, the code allows the replacement of existing legal nonconforming fences with the same materials in the same location. The proposed amendment requires that the replacement of existing legal nonconforming fences must conform to the requirements of the new ordinance as per Section 10-1.507(g). Exceptions may be granted where the strict application of these requirements will result in a hardship for the property owner. 6. Exceptions and Variances. Findings for exceptions have been simplified in Section 10- 1.507(h). For clarification, a statement has been added that any fence over 6 feet in a setback area or closer to the centerline of the road than required shall require a variance. CEQA STATUS This project is categorically exempt under CEQA Guidelines Section 15308, "Actions by Regulatory Agencies for Protection of the Environment." SUMMARY The proposed fence ordinance clarifies height and location requirements for fences, walls, gates and columns. In addition, the proposed ordinance requires the notification of neighbors for certain types of fence requests, such as fences that involve the removal of existing landscape screening or solid fences that would impact neighbor views. ATTACHMENTS 1. Proposed Fence Ordinance with Amendments 2. Current Fence Ordinance 3. September 8, 2005 Planning Commission Meeting Minutes Attachment 1 PROPOSED FENCE ORDINANCE Proposed Fence Ordinance Title 10, Chapter 1: Zoning Section 10-1.507. Fences,Walls, Gates, and Columns (� Purpose , Thellowinre ations were, created to preserve the`beauty and open rural quality of the Town w 1e acknowledging that residents have the nght to £encu the% properties in order to protect them chrlrlren, containFthe�r animals,and asntain,privacy (b) Permits required. No fence, wall, gate_ or column structure shall be erected or replaced without the prior issuance of a zoning or site development permit from the Town. c Definitions. The followingdefinitions are established for the purpose of this Article and the ( ) f words and phrases is as follows: meaning and construction g Legal Nonconforming Structure: Refer to Section 10-1.401(h) of the Zoning Ordinance. Column: A round or square pillar, pole, or post flanking an entrance way constructed of such materials as brick, stone, concrete, or other materials. Includes mailbox columns. Wall: An upright structure of wood, stone, brick, or other substance or combination of substances serving to enclose, divide, or support and usually having greater mass than a fence. Fence: A structure serving as a barrier or screen constructed of wood, metal, wire, masonry, glass, plastic or any other material (not including graded berms or living hedges). Gate: A movable frame or solid structure that swings, slides, or rolls controlling ingress and egress through an opening in a fence, wall, or vegetation. Open Fence or Gate: A fence or gate constructed in such a way so that no more than fifty (50%) percent of the surface area obstructs a ground level view through the fence or gate. Solid Fence or Gate : A fence or gate constructed in such a way so that more than fifty (50%)percent of the surface area obstructs a ground level view through the fence or gate. (d) Prohibited fences,walls, gates, columns types. The following fences are prohibited: (1) Chain-link or cyclone fences, including any fence with bare lengths of wire stretched between metal P oles with the exception of dark green, black, or brown vinyl-coated chain-link fences with matching vinyl-coated cross bars and caps. (2) Barbed or razor wire fences, including any fence with attached barbs, sharp points, or razors. (3) Electric fences, including any fence designed to produce an electric shock, except where necessary for animal husbandry operations. (4) Any perimeter fence, wall, gate, or column where the color reflectivity value exceeds 50%. (5) Any fence, wall, gate, or column located within a public or private road right-of-way or pathway easement except for a mailbox column with an approved permit. Proposed Fence Ordinance December 8,2005 Page 1 7 RM (e Fences, Walls,: Gates, and Columns RequiringPubhc Notice Penni# requests for the types of fences; walls, gates and columns identified:;below require notification of ad�acen aelghbors aril neighbors across the street 1)mFences, walls; p--Ag,wieolurnns that require the removal of existingsereenu nT V egetation(tr'eesaand°shrubsa' % _-__ a ,.,...�..__.��. ,(20 Solid fences tiat impact rieighborHvlews asclefinecl byiSection 5 9 02 of tie Uie Ordinance ( Any other p oposal deemed appropriates by the Planning Director for noti ted �earing Such�proposals may include solid fences;as well as walls or vinyl coated chain link fences_along any road right of way,ti and:ferices or walls longer than 1,000 linear feettt. Open fences using natural xnatenals and colors; including unpamted or tamed white, brown or ;gray ,wood,' welded ori woven wire: and ,wood posts,: and natural stone andlor brrc construction are preferred,and generally are not sub�eet to pbic nonce W-' Vv Staff shall notice a pernut hearing°;and conduct,the pernureviewheanrig pursuant to Sect�ori X10=2'I30S(b) except that Drily adjacent neighbors and neighbors across the street need to lie nolzfied` 3At or prior to the permiteanng, neighbors and the fence permit applicant shall be provided wrth noticethat,theapprovalo'r denials of ani permit may be appealedursuantto ', Sectaon 10 1 1109 (f)Development Standards for Fences,Walls, Gates, and Columns. (1) Fences and walls located an property lines or m setback areas that are-not adjacent to: a roadright-of-wayyshall not.exceed a maximum height of�6 feet��- (2) Fences and walls locate, tback areas that ares adjacent to a road right of way shall comply with the standards established m subsections (4) through (9) Heigh- rr ay be proportionately increased foot for every M10M foot increase m setback; up to Maximum (3) Fences, a ls,_gat s anti caiumns located behind setUacllines are not subject to these (4) OPEN FENCES AND GATES Minimum setback from centerline of adjacent 30' public or private road right-of-way. $! Maximum height of open fences and gates at the 41/2' minimum setback from the centerline of adjacent public or private road right-of-way. 41/2'High 1 _•_. Maximum height of open fences and gates at the 4/2, Centerline of minimum setback from the centerline of adjacent Road public or private road right-of-way. 30' Minimum setback from centerline of adjacent 45' (4)Open Fences public or private road right-of-way for 6' tall open fences and gates located between adjacent public or private roadways and the structural setback line for the particular property. Proposed Fence Ordinance December 8,2005 Page 2 (5) SOLID FENCES, GATES, AND WALLS Minimum setback from centerline of adjacent 30' rte, public or private road right-of-way. Maximum height of solid fences, gates, and walls 3' at the minimum setback from the centerline of adjacent public or private road right-of-way. 4 - <4 — 3'High centerline of Minimum setback from centerline of adjacent 60' oad public or private road right-of-way for 6' tall so' solid fences, gates, and walls located between adjacent public or private roadways and the (5)Solid Fences,Gates,and Walls structural setback line for the particular property. (6) OPEN DRIVEWAY GATES Minimum setback from centerline of 30' 7' Max Height adjacent public or private road right-of-way. 6'Avera e --- -- Maximum height of open driveway gates at 4'/2' the minimum setback from the centerline of (average) adjacent public or private road right-of-way. x Minimum setback from centerline of adjacent public or private road right-of-way 45' for open driveway gates with a 6' average (6)Open Driveway Gates height(7' maximum height) located between adjacent public or private roadways and the structural setback line for the particular property. (7) COLUMNS Minimum setback from centerline of 30' adjacent public or private road right-of- way. s� 6 Max height t Maximum height of columns at the 65 minimum setback from the centerline of 7' (w/lights) adjacent public or private road right-of- An additional 12 inches are allowed fora lightfixture. The total maximum way• height for the column&light is 7 feet. (7)Columns Maximum height of columns located 6' between adjacent public or private road 7' (w/lights) right-of-way and the structural setback line for the particular property. Proposed Fence Ordinance December 8,2005 Page 3 (8) OUTDOOR ATHLETIC COURT FENCING Maximum height of outdoor athletic court fencing located beyond the 10' structural setback line for the particular property. (9) OPEN SPACE/CONSERVATION EASEMENT PERIMETER FENCES Maximum height of open space/conservation easement perimeter 6' fences. Minimum distance of lowest fence strand or rail from ground. 12" above grade Open space/conservation easement perimeter fences and fences obstructing any designated wildlife corridors shall provide openingsr„ ... sufficient to accommodate the free passage of �'� '' V�,--~ r' r,� wildlife through the easement. A split-rail wood fence (see exhibit) or equivalent design ' J - °0D shall be required. Where a pathway is located within an open space/conservation easement ' the perimeter fence shall be required to have ,, at least two openings at least as wide as the •�-* -=--� r^ ' width of the pathway easement. (9)Open space/conservation easement perimeter fencing 4 fence placed within or`surrounding an officially designated wildlife corrtdor shall conform to the ruirenents specified above fox amen space/gonservation Teasemenf erineter_fence (11) No fence, wall, gate, or column shall be located within a public or private road right-of- way or pathway easement. A four-foot (4') tall mailbox post or column may be granted an exception to be located within a road right-of-way. An encroachment permit from the Engineering Department is required to install a mailbox post or column within a road right-of-way easement. Any existing fence, wall, gate, or column located within any road right-of-way may be required to be removed at the owner's expense. (12) Solid walls, fences, or gates shall not exceed a maximum height of three (3') feet and all shrubs and plants shall be pruned to a height not to exceed three (3') feet above the road level at its nearest point in an area bounded by the center line of intersecting roads or easements for vehicular access, public or private and a straight line joining points on such a;Feet ® center lines eighty (80') feet distant from their intersection (see exhibit). All side limbs of trees in such area shall be pruned to a height of not less than six (6') feet above the 80 road surface. The purpose of the provisions of this section is to provide an unobstructed view of approaching traffic on 3gh Max the intersecting roads. The City Engineer may prescribe greater restrictions than the height set forth in this paragraph Proposed Fence Ordinance December 8,2005 Page 4 where unusual conditions make such additional restrictions desirable in the interests of the public safety. (13) Any fence or wall may be required to be landscaped. Screen plantings required as a condition of approval for any fence or wall shall be maintained in good condition by the property owner. (14) The vertical dimension of any fence, wall, gate, or column shall be measured from the finished grade on both sides of any such fence, wall, gate, or column to any point on top of the fence, wall, gate, or column, including post/column caps and any ornamental features. (g) equremen#s fronconfrmmg�enees,malls, Gates,and Columns lZeplacement of extstang legal nEl onconforming fences walls, gates„and column .gshall.�be ub ect to the re urrements zn thas or'diiance Ext�e fiions mae gaited;° ursuan o rs a 0 subsection 010.1507(h- Eordmahce, or where e k stmt 'appl ca aon`of these requirements will resin# m aiardshap for the property owner Repair of shortectaons o legal nonconforming fences, walls,:gates, or columns(repast of less than SD feet or repay of zo reafer than5o of total fence or wall length)wall not re uire a permit if no Other= 3 g - work is,dnne oh the same strtacture over a��1�2 montherod3 The replacement of any nonconforming structure shall be prohibited of the Ci1ys gngp En eer cletermuies that a ublic safety hazard exrst ax`tha#fihe`structurell enexoachesxan an Basemen#'ar pubhc`rtght ofvay ��fence wall�gate or column constructed} vuathout a lawfully .issued permit as a violation of the Municipal�Code,and sliall'_be,sub�ect tc�t�iepYovlsioans of Tif1e,�'1� �Chapter 2 oftlie Muiuclpal�des v__.�,.__�x. _� xceptiois may be granted 'sub�ec t a noticed heaniig and u opn the.,Site Deelopmen Axthority°=.making all of the frellowuig fiuchrgs r (TIV- The heighfi and;design of the pro osed `fe ce walk;gate= or co umn a e' com�p�til�le with other,fences'm=the neghliorhood � The. ro osed r m3oval of ve eta ioii`arid trees�andadisturbance fio�natural`,terrain have�been m�nun�zed,�and �3� The propose�,�structure h is otlierwise�y ins compliance `with�all�;regulationsF anc po"hcies set forthinsthe�Muiuc�p�l Code�#��} �the Gene�a�lan' An�"fence�prc►�osed to exce�ed�.a heigh�of b feet�r�ncroa hcn'regture�d setbacks shah `require a variance in accordance with the pzovisons,of�ArtcTe s Y�l� �,�lie�Zoning Ordinance Proposed Fence Ordinance December 8,2005 Page 5 Current Fence Ordinance Chapter 1: Zoning Section 10-1.507 Fences,Walls, Gates, and Columns (a) Permits required. No fence, wall, gate, or column shall be erected or replaced without the prior issuance of a permit(s) from the Town. (b) Definitions. The following definitions are established for the purpose of this Article and the meaningand construction of words and phrases is as follows: Legal nonconforming structure: For the purposes of this section, a legal nonconforming structure is one which was legally permitted at the time it was constructed, or legally permitted by an approved variance but which does not comply with one (1) or more of the Town's current Zoning Code provisions. Column: A round or square pillar, pole, or post flanking an entrance way constructed of such materials as brick, stone, concrete, or other materials. Fence: A structure serving as a barrier or screen constructed of wood, metal, masonry, glass, lastic or any other construction material (not including graded berms or living hedges. Open Fence: A fence constructed in such a way so that no more than fifty (50%) percent of the surface area of the fence obstructs a view through the fence from a position perpendicular to the fence. Solid Fence: A fence constructed in such a way so that more than fifty (50%)percent of the surface area of the fence obstructs a view through the fence from a position perpendicular to the fence. Gate: A movable frame or solid structure that swings, slides, or rolls controlling ingress and egress through an opening in a fence,wall, or vegetation. Open Gate: A gate constructed of such materials as wood, wrought iron, extruded metal,or other materials where no more than fifty (50%) percent of the surface area of the face of the gate when in a closed position obstructs a view through the gate from a position perpendicular to the gate. Solid Gate: A date constructed entirely of solid opaque material or such material as wood, wrought iron, extruded metal, or other materials where more than fifty (50%) percent of the surface area of the face of the gate when in a closed position obstructs a view through the gate from a position perpendicular to the gate. Mailbox Columns or Posts: A round or square pillar or post flanking an entrance way constructed of such materials as brick, stone, concrete, wood or other materials no greater than 18" in width containing a mail receptacle. Prohibited Fence Types: Any of the following: Chain-link or'Cyclone: A fence of heavy steel wire woven to form a diamond-shaped mesh, except dark green, black, or brown vinyl coated chain-link fences constructed with matching coated cross bars and caps. Barbed or Razor Wire: A fence constructed partially of strands of strong twisted wires armed with barbs, sharp points, or razors at regular intervals. Current Fence Ordinance December 8,2005 Page 1 Electric: A perimeter fence constructed partially of wire producing electric current, except where necessary for animal husbandry operations. Wall: An upright structure of wood, stone, brick, or other substance or combination of substances serving to enclose, divide, or support and usually having greater mass than a fence. Wall shall include "wing wall" which shall mean a wall extending from a column to form an entranceway. (c) Residential and Open Space zoning districts. The following regulations were created to preserve the beauty and rural quality of the Town and ensure the safety and privacy of all residents. Open fencing and gates are strongly encouraged to maintain the rural atmosphere and existing wildlife corridors of the Town. In all residential-agricultural and open space reserve districts, the following regulations shall apply to all fences, walls, gates, and columns. A fence permit shall be required for all fences, walls, gates, and columns. (1) The Planning Director may refer any fence permit application to the Planning Commission, when in his or her judgment the proposed fence may have a significant effect upon the aesthetic or rural character of the Town or the views from surrounding properties. (2) Fences, walls, gates, and columns, which meet all of the provisions of divisions (2) through (10) below, may be approved by the Planning Director or designee without the necessity of notice and a hearing. (3) The vertical dimension of any fence, wall, gate, or column shall be measured from the finished grade on both sides of any such fence, wall, gate, or column to any point on top of the fence, wall, gate, or column, including post/column caps and any ornamental features. (4) The design of all fences, walls, gates, and columns shall emphasize the use of natural materials and colors. Open fencing and gates are highly preferred. Unpainted or stained white, brown or gray wood; welded or woven wire and wood posts; natural stone and/or brick construction are preferred. Exceptions to the design standards set forth in this subsection may be granted by the Planning Department upon finding that such fence, wall, gate, or column would be consistent with the rural character of the Town and with the existing fencing of the subject lot and neighboring properties. (5) All fences, walls, gates, and columns shall meet the following standards, provided they are not located in the public or private right-of-way or within any pathway easement or other easement precluding their construction: Current Fence Ordinance December 8,2005 Page 2 (a) OPEN FENCES AND GATES ,thh Minimum setback from centerline of adjacent 30' public or private road right-of-way Maximum height of open fences and gates at the 41/2' minimum setback from the centerline of adjacent ` 4 112'High public or private road right-of-way Centerline of Minimum setback from centerline of adjacent Road public or private road right-of-way for 6' tall 45' 30' open fences and gates located between adjacent (a)Open Fences public or private roadways and the structural setback line for the particular property (b) SOLID FENCES, GATES, AND WALLS Minimum setback from centerline of adjacent 30' public or private road right-of-way ar; Maximum height of solid fences, gates, and walls 3' r at the minimum setback from the centerline of �3 3 High adjacent public or private road right-of-way Centerline of Minimum setback from centerline of adjacent Road public or private road right-of-way for 6' tall 60' 30' solid fences, gates, and walls located between (b)Solid Fences,Gates,and Walls adjacent public or private roadways and the structural setback line for the particular property (c) OPEN DRIVEWAY GATES Minimum setback from centerline of 30' 7' Max Height adjacent public or private road right-of-way 6' Average Maximum height of open driveway gates at 41/2' --- --- the minimum setback from the centerline of (average) adjacent public or private road right-of-way Minimum setback from centerline of x adjacent public or private road right-of-way 45' for open driveway gates with a 6' average height (7' maximum height) located (c)Open Driveway Gates between adjacent public or private roadways and the structural setback line for the particular property Current Fence Ordinance December 8,2005 Page 3 (d) COLUMNS 4Minimum setback from centerline of 30' ` - adjacent public or private road right-of-way s 6 Max height Maximum height of columns at the 6' t minimum setback from the centerline of 7' (w/lights) ifit11, i C . „ adjacent public or private road right-of-way An additional 12 inches are alloyed for a light fixture. The total maximum Maximum height of columns located 6' height for the column 8 light is 7 feet. between adjacent public or private road 7' (w/lights) (d)Columns right-of-way and the structural setback line for the particular property (e) OUTDOOR ATHLETIC COURT FENCING Maximum height of outdoor athletic court fencing located beyond the 10' structural setback line for the particular property (g) OPEN SPACE/CONSERVATION EASEMENT PERIMETER FENCES Maximum height of open space/conservation perimeter fences 6' Minimum distance of lowest fence strand or rail from ground 12" above grade (6) Open Space/Conservation Easement perimeter fences shall provide openings sufficient to accommodate the free passage of wildlife through the easement, such as r�r. '' '- f'f f tY•.'" a split-rail wood fence (see exhibit).!. J Wadc - � Where a pathway is located within an - - - open space/conservation easement, the open perimeter fence shall be required w. `�,, �•• , F to have at least two openings no less � �,,�^'r, f,?.. ;, '�';'; •c�1i 't•, � than the width of the pathway easement. (7) No fence, wall, gate, or column shall be located within a public or private road right of way or pathway easement. A four-foot (4') tall mailbox post or column may be granted an exception to be located within a road right of way. An encroachment permit from the Engineering Department is required to install a mailbox post or column within a road right of way easement. Any existing fence, wall, gate, or column located within any road right of way may be required to be removed at the owner's expense. Current Fence Ordinance December 8,2005 Page 4 v (8) Solid walls, fences, or gates shall not exceed a maximum height of three (3') feet and all shrubs and plants shall be pruned to a height not to exceed three (3') feet above the road level at its nearest point in an area bounded by the center line of intersecting roads or easements for 80' vehicular access, public or private and a straight line joining points on such center lines eighty (80') feet distant from their (see exhibit). All side limbs of 80' trees in such area shall be pruned to a height of not less than six (6') feet above the road surface. The 3 Feet High Max purpose of the provisions of this section is to provide an unobstructed view of approaching traffic on the intersecting roads. The City Engineer may prescribe greater restrictions than the height set forth in this paragraph where unusual conditions make such additional restrictions desirable in the interests of the public safety. (9) Any fence or wall may be required to be landscaped. Screen plantings required as a condition of approval for any fence or wall shall be maintained by the property owner in good condition. (10) Notwithstanding other provisions of this chapter, replacement of existing legal nonconforming fences, walls, gates, or columns, shall be permitted if the replacement is of a like material, no greater in height, and no closer to adjacent property lines than the existing fence, wall, gate, or column, or if replaced by an open fence meeting all of the provisions of this section, except that replacement with chain link fencing (not including dark green, black, or brown vinyl clad chain link fencing) is subject to all provisions of this section. Otherwise, replacement of existing legal nonconforming fences, walls, gates, or columns shall also be subject to the limitations outlined in subsection (b), unless the Planning Commission finds that: 1) the structure could be relocated elsewhere on the site, without substantial environmental damage, and 2) relocation of the structure would substantially reduce adverse visual or privacy impacts to neighbors or to the general public. Repair of short sections (less than 100 feet, not to exceed fifty (50 %) percent of that segment of fencing over a 12-month period) of existing fences and walls does not require a permit. Replacement of existing fences, walls, gates, or columns, which are replaced other than as specified above, are subject to all provisions of this section. Replacement of any of the above, however, shall be prohibited if the City Engineer determines that a public safety hazard exists. (d) Exceptions. Exceptions to the standards set forth in this section may be granted by the Planning Director or Planning Commission upon making the findings set below: (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; Current Fence Ordinance December 8,2005 Page 5 (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; (3) The proposed development is in compliance with all regulations and policies set forth in the Site Development ordinance. Current Fence Ordinance December 8, 2005 Page 6 Attachment 3 PLANNING COMMISSION MINUTES ` _ September 8, 2005 Planning Commission Minutes Approved 10/13/05 September 8, 2005 ' Page 9 5. NEW BUSINESS 5.1 Draft Fence Ordinance (Ad Hoc Committee) This item was introduced by the Planning Director indicating this was in response to recent concerns regarding fence requirements. The City Council formed an Ad Hoc Planning Committee authorized to review the current fence ordinance and develop proposed changes. The Committee has formulated its recommendations which are incorporated in the proposed fence ordinance for review and comments. Two members of the Ad Hoc Planning Committee are Commissioners Clow and Carey. Discussion ensued by reviewing the following: "(a) Purpose", whether the fence ordinance should provide a minimum standard of quality of a fence and that the open rural quality is the standard; #7, "Any fence placed on slopes greater than 30% shall conform to the requirements specified for an open space/conservation easement perimeter fence (a 4 %2 foot fence does not keep out anything); (h)would allow Exceptions with the three (3) findings (appears to be over restrictive); concerns with last paragraph of(h) Exceptions, "Any fence proposed to exceed a height of 6 feet or encroach in required setbacks in required setbacks shall require a variance in accordance with the provisions of Article 11 of the Zoning Ordinance" however athletic fences are allowed up to 10 feet (needs clarification); (e) (3), "more than 1,000 linear feet" questioned; fences on property lines (notice); (g) "Any fence, wall, gate or column constructed without a lawfully issued permit is a violation of the Municipal Code and shall be subject to the provisions and remedies pursuant to Title 1, Chapter 2 or the Municipal Code" questioned (fences that are illegal non-conforming are not grandfathered in by definition); and total perimeter fences. The comments will be considered by the Ad Hoc Committee and the final proposed ordinance will be returned to the Planning Commission for a noticed hearing.