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ORDINANCE NO. 434
AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS
ADDING SECTION 10-1.507 TO ARTICLE 5 OF CHAPTER 1 OF
TITLE 10 OF LOS ALTOS HILLS MUNICIPAL CODE
REGULATING FENCES, WALLS, GATES, AND COLUMNS, AND
DELETING SECTIONS 10-1.504(d), 10-1.504(e), AND 10-1.504(h)
OF THE ZONING CODE WITH REGARD TO HEIGHT
WHEREAS, the City Council wishes to establish a consolidated ordinance section that
provides regulations and design standards with regards to fences,walls, gates, and columns.
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does ORDAIN as
follows:
I. AMENDMENT OF CODE. Section 10-1.507 (Fences, Walls, Gates, and
Columns) is hereby added to Article 5 (Area, Coverage, Height, and Setback Limitations) of
Chapter 1 (Zoning) of Title 10 (Zoning and Site Development) of the Los Altos Hills Municipal
Code to read as follows:
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
meaning and 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, plastic 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.
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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 gate 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.
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.
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(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:
(a) 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
4 1/2'High public or private road right-of-way
..........
entedine of Minimum setback from centerline of adjacent
Road public or private road right-of-way for 6' tall 45'
ao open fences and gates located between adjacent
public or private roadways and the structural
(a)Open Fences setback line for the particular property
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t (b) SOLID FENCES, GATES,AND WALLS
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Minimum setback from centerline of adjacent 30'
A public or private road right-of-way
Maximum height of solid fences, gates, and walls 3'
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............................. 3'High
---•••• at the minimum setback from the centerline of
Centedineof adjacent public or private road right-of-way
Road
30, Minimum setback from centerline of adjacent
public or private road right-of-way for 6' tall 60'
(b)solid Fences,Gates,and walls solid fences, gates, and walls located between
adjacent public or private roadways and the
structural setback line for the particular property
(c) OPEN DRIVEWAY GATES
7' Max Height Minimum setback from centerline of 30'
6'Average adjacent public or private road right-of-way
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
x
Minimum setback from centerline of
adjacent public or private road right-of-way 45'
(c)Open Driveway Gates for open driveway gates with a 6' average
height(7' maximum height) located
between adjacent public or private
roadways and the structural setback line for
the particular property
(d) COLUMNS
Minimum setback from centerline of 30'
' adjacent public or private road right-of-way
Maximum height of columns at the 6'
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Max heigt,t minimum setback from the centerline of 7' (w/lights)
adjacent public or private road right-of-way
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An additional 12 inches are allowed Maximum height of columns located 6'
for a fixture. m
height forthe column&lightis feet. between adjacent public or private road 7' (w/li hts
)
(d)Columns right-of-way and the structural setback line
for the particular property
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(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 rr Y Y•""
a split-rail wood fence (see exhibit).
Where a pathway is located within an "� � O°
open space/conservation easement, the
open perimeter fence shall be required j
to have at least two openings no less t ` ` �` =; n �.4,
than the width of the pathwayb � k• " -r1'
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.
(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
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less than six (6') feet above the road surface. The
73FeetHigh 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.
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(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;
(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.
II. DELETION OF CODE. Section 10-1.504(d) of Article 5 (Area, Coverage,
Height, and Setback Limitations) of Chapter 1 (Zoning) of Title 10 (Zoning and Site
Development) of the Los Altos Hills Municipal Code is hereby deleted from the Code.
III. DELETION OF CODE. Section 10-1.504(e) of Article 5 (Area, Coverage,
Height, and Setback Limitations) of Chapter 1 (Zoning) of Title 10 (Zoning and Site
Development) of the Los Altos Hills Municipal Code is hereby deleted from the Code.
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IV. DELETION OF CODE. Section 10-1.504(h) of Article 5 (Area, Coverage,
Height, and Setback Limitations) of Chapter I (Zoning) of Title 10 (Zoning and Site
Development) of the Los Altos Hills Municipal Code is hereby deleted from the Code.
V. SEVERABILITY. If any part of this ordinance is held to be invalid or
inapplicable to any situation by a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this ordinance or the applicability of this
ordinance to other situations.
VI. EFFECTIVE DATE; POSTING. This ordinance shall become effective
thirty (30) days from the date of its passage, and shall be posted within the Town of Los Altos
Hills in three (3)public places.
INTRODUCED: April 1, 2004
PASSED: April 15 , 2004
AYES: Mayor Cheng, Mayor Pro Tem O'Malley, Councilmember Fenwick
Councilmember Kerr and Councilmember Warshawsky
NOES: None,:
ABSTENTIONS: None
ABSENT: None
BY:
Mayor
ATT ST:
P�.cJ p
City Clerk
A5ft0VE S TO FORM:
City AttonW