HomeMy WebLinkAbout517 ORDINANCE NO. 517
ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
AMENDING SECTION 10-1.507 c & d OF THE MUNICIPAL CODE WITH REGARD TO
FENCES,WALLS, GATES,AND COLUMNS
WHEREAS, Points, spikes, and/or sharpened edges on the top and/or bottom of a fence,
wall, and gate may cause harm to people,pets and/or wildlife:
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does ORDAIN
as follows:
1. AMENDMENT OF CODE. Section 10-1.507.d of Article 5 (Fences, walls, gates,
and Columns) of Chapter 1 (Zoning) of Title 10 (Zoning and Site Development) of the LosAltos
Hills Municipal Code is hereby amended to read as follows:
10-1.507 Fences,walls, gates and columns
(a) Purpose. The following regulations were created to preserve the beauty and open rural
quality of the Town while acknowledging that residents have the right to fence their properties in
order to protect their children, contain their animals, and maintain 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 following definitions are established for the purpose of this article and the
meaning and construction of words and phrases is as follows:
Column means a round or square pillar, pole, or post flanking an entranceway constructed of
such materials as brick, stone, concrete, or other materials. Includes mailbox columns.
Fence means 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 means a movable frame or solid structure that swings, slides, or rolls controlling ingress
and egress through an opening in a fence, wall, or vegetation.
Legal nonconforming structure (Refer to Section 10-1.401(h) of the Zoning Ordinance.)
Open fence or gate means 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.
Points, spikes, and/or sharpened edges means any end of a vertical bar that is capable of
causing, or is likely to cause injury to people,pets, and/or wildlife.
Solid fence or gate means 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.
Wall means an upright structure of wood, stone, brick, or other substance or combination of
substances serving to enclose, divide, support and usually having greater mass than a fence.
(d) Prohibited Fences, Walls, Gates, and Column Types. The following fences are prohibited:
1. Chain-link or cyclone fences, including any fence with bare lengths of wire stretched
between metal poles, with the exception of dark green, black, or brown vinyl-coated
chain-linked fences with matching vinyl-coated cross bars and caps.
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2. Barbed or razor wire fences, including any fence with attached barbs, sharp points, or
razors. Electric fences, including any fence designed to produce an electric shock, except
where necessary for animal husbandry operations.
3. Any fence,wall, and/or gate that may cause harm to people, pets, and/or wildlife due to
points, spikes, or sharpened edges on the top or bottom part of the fence, wall structure
and/or gate.
4. Any perimeter fence, wall, gate, or column where the color reflectivity value exceeds
fifty(50)percent.
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.
(e) Fences,Walls, Gates and Columns Requiring Public Notice. Permit requests for the types
of fences,walls, gates and columns identified below require notification of adjacent
neighbors and neighbors across the street:
1. Fences, walls, gates and columns that require the removal of existing screening
vegetation(trees and shrubs).
2. Solid fences that impact neighbor views as defined by Section 5-9.02 of this Code.
3. Any other proposal deemed appropriate by the Planning Director for a noticed hearing.
Such proposals may include solid fences, as well as walls or vinyl-coated chain-link
fences along any road right-of-way, and fences or walls longer than one thousand (1,000)
linear feet.
Open fences using natural materials and colors, including unpainted and stained white, brown or
gray wood; welded or woven wire and wood posts; and natural stone and/or brick construction
are preferred and generally not subject to public notice.
Staff shall notice a permit hearing and conduct the permit review hearing pursuant to Section 10-
2.1305(b) except that only adjacent neighbors and neighbors across the street need to be notified.
At or prior to the permit hearing, neighbors and the fence permit applicant shall be provided with
notice that the approval or denial of any permit may be appealed pursuant to Section 10-1.1009.
(f) Development Standards for Fences, Walls, Gates and Columns.
1. Fences and walls located on property lines or in setback areas that are not adjacent to a
road right-of-way shall not exceed a maximum height of six (6) feet.
2. Fences and walls located in setback areas that are adjacent to a road right-of-way shall
comply with the standards established in subsections 4 through 9. Height may be
proportionately increased one foot for every ten(10) foot increase in setback, up to a
maximum of six (6) feet in height.
3. Fences, walls, gates and columns located behind setback lines are not subject to these
development standards.
4. Open Fences and Gates.
i. Minimum setback from centerline of adjacent public or private road right-of-
way: thirty(30) feet.
ii. Maximum height of open fences and gates at the minimum setback from the
centerline of adjacent public or private road right-of-way: four and one-half
(4.5) feet.
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iii. Maximum height of open fences and gates at the minimum setback from the
centerline of adjacent public or private road right-of-way: four and one-half
(4.5) feet.
iv. Minimum setback from centerline of adjacent public or private road right-of-
way for six (6) feet tall open fences and gates located between adjacent public
or private roadways and the structural setback line for the particular property:
forty-five (45) feet.
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5. Solid Fences, Gates and Walls.
i. Minimum setback from centerline of adjacent public or private road right-of-
way: thirty (30) feet.
ii. Maximum height of solid fences, gates, and walls at the minimum setback
from the centerline of adjacent public or private road right-of-way: three (3)
feet.
iii. Minimum setback from centerline of adjacent public or private road right-of-
way for six (6)tall solid fences, gates, and walls located between adjacent
public or private roadways and the structural setback line for the particular
property: sixty(60) feet.
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6. Open Driveway Gates.
i. Minimum setback from centerline of adjacent public or private road right-of-
way: thirty(30) feet.
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ii. Maximum height of open driveway gates at the minimum setback from the
centerline of adjacent public or private road right-of-way: four and one-half
(4.5) feet (average).
iii. Minimum setback from centerline of adjacent public or private road right-of-
way for open driveway gates with a six (6) feet average height(seven(7) feet
maximum height) located between adjacent public or private roadways and the
structural setback line for the particular property: forty-five (45) feet.
7' Max Height
6' Average
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(6)Open Driveway Gates
7. Columns.
i. Minimum setback from centerline of adjacent public or private road right-of-
way: thirty(30) feet.
ii. Maximum height of columns at the minimum setback from the centerline of
adjacent public or private road right-of-way: six (6) feet; seven(7) feet(with
lights).
iii. Maximum height of columns located between adjacent public or private road
right-of-way and the structural setback line for the particular property: six (6)
feet; seven (7) feet(with lights).
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8. Outdoor Athletic Court Fencing. Maximum height of outdoor athletic court fencing
located beyond the structural setback line for the particular property: ten(10) feet.
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9. Open Space/Conservation Easement Perimeter Fences.
i. Maximum height of open space/conservation easement perimeter fences: six
(6) feet.
ii. Minimum distance of lowest fence strand or rail from ground: twelve (12)
inches above grade.
iii. Open space/conservation easement perimeter fences shall provide openings
sufficient to accommodate the free passage of wildlife through the easement. A
split-rail wood fence (see exhibit) or equivalent design 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 (2) openings at least as
wide as the width of the pathway easement.
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10. Any fence crossing or intersecting an officially designated wildlife corridor shall conform
to the requirements specified above for an open sace/conservation easement perimeter
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 (4) foot 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
required to be removed at the owner's
right-of--way may be reqiexpense.
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
center lines eighty (80) feet distant from their intersection (see figure). All side limbs of
trees in such area shall be pruned to a height of not less than six (6) feet above the road
surface. The 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 subsection where unusual conditions make
such additional restrictions desirable in the interests of the public safety.
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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)Requirements for Nonconforming Fences, Walls, Gates and Columns. Replacement of
existing legal nonconforming fences, walls, gates, and columns shall be subject to the
requirements in this section. Exceptions may be granted pursuant to subsection(h) of this
section, or where the strict application of these requirements will result in a hardship for the
property owner. Repair of short sections of legal nonconforming fences,walls, gates, or
columns (repair of less than fifty(50) feet or repair of no greater than twenty-five (25) percent
of total fence or wall length) will not require a permit if no other work is done on the same
structure over a twelve (12) month period. The replacement of any nonconforming structure
shall be prohibited if the City Engineer determines that a public safety hazard exists or that the
structure encroaches in an easement or public right-of-way. 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 of Title 1, Chapter 2 of the Municipal Code.
H. Exceptions. Exceptions may be granted subject to a noticed hearing and upon the Site
Development Authority making all of the following findings:
1. The height and design of the proposed fence, wall, gate or column are compatible with
other fences in the neighborhood;
2. The proposed removal of vegetation and trees and disturbance to natural terrain have
been minimized; and
3. The proposed structure is otherwise in compliance with all regulations and policies set
forth in the Municipal Code and the General Plan.
Any fence proposed to exceed a height of six (6) feet in a setback area or to be located closer to
the centerline of the road than required shall require a variance in accordance with the provisions
of Article 10 of the Zoning Ordinance.
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2. EFFECTIVE DATE AND PUBLICATION: This ordinance shall become effective thirty
(3 0) days from the date of its passage. Within fifteen (15) days after its passage, this ordinance
shall be published once, with the names of those City Councilmembers voting for or against it, in
a newspaper of general circulation and posted within the Town of Los Altos Hills in three public
places.
INTRODUCED: January 14, 2010
PASSED: February 18, 2010
AYES: Mayor Warshawsky, Mayor Pro Tem Kerr, Councilmember Larsen,
Councilmember Mordo and Councilmember Summit
NOES: None
ABSTENTIONS: None
ABSENT: None
BY:
De arshawsky, Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorn
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