HomeMy WebLinkAbout442 ORDINANCE NO. 4 4 2
AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS
AMENDING SECTION 10-1.507 OF ARTICLE 5 OF CHAPTER 1
OF TITLE 10 OF LOS ALTOS HILLS MUNICIPAL CODE
REGULATING FENCES,WALLS, GATES,AND COLUMNS
WHEREAS, the City. Council wishes to amend the existing ordinance section that
provides regulations and design standards for 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) of the Los Altos Hills Municipal Code is hereby amended to read as follows:
Title 10, Chapter 1: Zoning
Section 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:
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 upri&ht 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.
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February 9,2006
Page 1
(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 poles, 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.
(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 the View
Ordinance.
(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 1,000
linear feet.
Open fences using natural materials and colors, including unpainted or stained white, brown
or gray wood; welded or woven wire and wood posts; and natural stone and/or brick
construction are preferred and generally are 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 10-1.1109.
(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 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 1 foot for every 10-foot increase in setback, up to a
maximum of 6 feet in height.
(3) Fences, walls, gates, and columns located behind setback lines are not subject to these
development standards.
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February 9,2006
Page 2
(4) OPEN FENCES AND GATES
Minimum setback from centerline of adjacent 30'
public or private road right-of-way.
,P ;> 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.
u 4 112'High
_ Maximum height of open fences and gates at the 4'/2'
enterline 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.
(5) SOLID FENCES, GATES, AND WALLS
Minimum setback from centerline of adjacent 30'
public or private road right-of-way.
Maximum height of solid fences, gates, and walls 3'
3 High at the minimum setback from the centerline of
........................ ---- - adjacent public or private road right-of-way.
Centerline of
Road
Minimum setback from centerline of adjacent 60'
30' public or private road right-of-way for 6' tall
(5) 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.
(6) OPEN DRIVEWAY GATES
7'Max Height Minimum setback from centerline of 30'
6' Avera e adjacent public or private road right-of-way.
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.
Minimum setback from centerline of
adjacent public or private road right-of-way 45'
(6)Open Driveway Gates for open driveway gates with a 6' average
height (T maximum height) located
between adjacent public or private
roadways and the structural setback line for
the particular property.
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February 9,2006
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(7) COLUMNS
Minimum setback from centerline of 30'
3�.
adjacent public or private road right-of-
way.
6 Max height
Maximum height of columns at the 6'
IIS
minimum setback from the centerline of 7' (w/lights)
adjacent public or private road right-of-
An additional 12 inches are allowed
for alight fixture. Thetotalmaximum 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.
(8) OUTDOOR ATHLETIC COURT FENCING
M7-
aximum 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 shall provide openings sufficient to Xrr �'' '• �,..�- ---=f' t; ••"
accommodate the free passage of wildlife WOOD ,
through the easement. A split-rail wood fence - - • .
(see exhibit) or equivalent design shall be
required. Where a pathway is located within
the
an open space/conservation easement,
f t' •• fi,. c �'•.
perimeter fence shall be required to have at �= F � "`' r�'�- rrr'te�
least two openings at least as wide as the width
Of the pathway easement. (9)Open space/conservation easement
perimeter fencing
(10) Any fence crossing or intersecting an officially designated wildlife corridor shall
conform to the requirements specified above for an open space/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-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
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February 9,2006
Page 4
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
so' points on such center lines eighty (80') feet distant from
their intersection (see exhibit). All side limbs of trees in
Y80- 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
73FeetHigh Max 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.
(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 ordinance. Exceptions may be granted pursuant to
subsection 10-1.507(h) of this ordinance, 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 50 feet or repair
of no greater than 25% of total fence or wall length) will not require a permit if no other
work is done on the same structure over a 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;
p
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February 9,2006
Page 5
(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 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 11 of the Zoning Ordinance.
II. 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.
III. 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: January 26 , 2006
PASSED: Febrary 9, 2006
AYES: Mayor Kerr, Mayor Pro Tem Warshawsky, Councilmember Jones,
Councilmember Mordo and Councilmember O'Malley
NOES: None
ABSTENTIONS: None
ABSENT: None
BY:
y'"
Mayor
ATT
City Clerk;
AP OVE AS TO FORM:
S1. ANA—'
City Attorn
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February 9,2006
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