HomeMy WebLinkAbout4.2 Town of Los Altos Hills January 8, 2004
Staff Report to the Planning Commission
RE: PROPOSED FENCES, WALLS, GATES, AND COLUMNS ORDINANCE §10-1.507.
FROM: Angelica Herrera Olivera, Assistant Planner Aw
APPROVED BY: Carl Cahill, Planning Director C.C.
RECOMMENDATION That the Planning Commission:
1. Review the staff report and attached ordinance, consider any revisions, and forward a
recommendation to the City Council.
BACKGROUND
On November 13, 2003, the Planning Commission reviewed the draft ordinance. The following
changes were incorporated as a result of the Planning Commission comments:
1. Simplification and definition of terms.
2. Organization of ordinance provisions; incorporation of reference to fences from
landscape ordinance and regarding driveway light fixtures.
3. Incorporation of exhibits depicting each of the standards required for fences, walls, gates,
and columns.
4. Deletion of references to notification of neighbors, highly visible lots, and deletion of
"reference line."
Staff is available to answer any questions that the Commission or the public may have.
ATTACHMENTS
1. Proposed Fences, Walls, Gates, and Columns Ordinance;
2. November 13, 2003 Planning Commission Staff Report.
ATTACHMENT 1
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:
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,
I
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.
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.
Deer Fencing: A wire fence-like mesh (1.75 inch square) material constructed of
ultraviolet stable black polypropylene, which provides an invisible deer barrier
without changing the appearance of the property.
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 green or black vinyl coated chain-link fences constructed with matching
coated cross bars and caps for athletic sport fencing.
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 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
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) Fences, walls, gates, and columns, which meet all of the provisions of divisions (2)
through (8) below, may be approved by the Planning Director or designee without the
necessity of notice and a hearing.
(2) 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.
(3) 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 public utility easement
or other easement precluding their construction:
(a) OPEN FENCES AND GATES
Minimum setback from centerline of adjacent 30'
public or private road
f
Maximum height of open fences and gates at the 41/2'
minimum setback from the centerline of adjacent
4 1R'high p or private rivate road
� 1e
Centerline of Additional setback required to increase height of 10'
Road open fences and gates by 1 foot
30'
(a)Open Fences Maximum height of open fences and gates 6'
located between adjacent public or private
roadways and the structural setback line for the
particular property
(b) SOLID FENCES, GATES, AND WALLS
2 Minimum setback from centerline of adjacent 30'
public or private road
Maximum height of solid fences, gates, and walls 3'
r 4at the minimum setback from the centerline of
3'High adjacent public or private road
Coad rfrne of Additional setback required to increase height of 10'
30' solid fences, gates, and walls by 1 foot
(b) Solid Fences,Gates,and Walls Maximum height of solid fences, gates, and walls 6'
located between adjacent public or private
roadways and the structural setback line for the
particular property
(c) OPEN DRIVEWAY GATES
Minimum setback from centerline of 30'
adjacent public or private road
7' Max Height Maximum height of open driveway gates 41/2'
6'Average at the minimum setback from the (average)
--- --- centerline of adjacent public or private
road
Additional setback required to increase 10'
height of open driveway gates by 1 foot
Maximum height of open driveway gates 7' (max)
(c)Open Driveway Gates located between adjacent public or private 6' (average)
roadways and the structural setback line
for the particular property
( )
d COLUMNS
Minimum setback from centerline of 30'
adjacent public or private road
_ Maximum height of columns at the 6'
' s,Mex height minimum setback from the centerline of 7' (w/lights)
"„• r 4 i,
adjacent public or private road
Maximum height of columns located 6
An additional 12 inches are allowed
for a light fixture. The total maximum between adjacent public or private 7'
height for the column&light is 7 feet.
roadways and the structural setback line
(d)Columns
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
(f) DEER FENCING
Maximum height of deer fencing 8'
Maximum height of deer fencing located within the front yard setback 6'
or within setbacks adjacent to any street
Minimum spacing of deer fence posts 15' apart
Minimum spacing of required white flagging streamers tied to the 10'
fencing
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White Streamerse\ier 10-12'
Y � Posts:15-20'apart
as 1� "t. yta" t''t jisti
,r'+t t � 'e 8"
depending
t, 't�c"slat>t as�Ydf " +.a�f n« t�'}`��1� *s �r� „s"+ t'� f#+ tr� +'�° `cam a. "�a*ia•'.,tY f �1� on location of fence
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(f)Deer fencing Existing grade
(g) OPEN SPACE-CONSERVATION EASEMENT PERMITER FENCES
Maximum height of open space-conservation perimeter fences 6'
Minimum distance of lowest fence strand or rail from ground 12" above grade
(4) Open Space-Conservation Easement perimeter fences shall provide openings
sufficient to accommodate the free passage of wildlife through the easement, such as a
split-rail wood fence (see exhibit).
' —�""� ' (' .��--. Where a pathway is located within
_ uaoo . << `_.•' an open space-conservation
easement, the open perimeter fence
shall be required to have at least two
r,, '� 'r�``Q; =`, ��'� F�,c ., , ' openings no less than the width of
��' � i::�`` ' "' -��'s � r'rr ''�'• the pathway easement.
(5) No fence, wall, gate, or column shall be located within a road right of way or public
utility easement, with the exception of a four-foot (4') tall mailbox post or column.
An encroachment permit from the Engineering Department is required to install a
mailbox post or column. Any existing fence, wall, gate, or column located within a
road right of way or public utility easement may be removed at the owner's expense.
6 Solid walls fences or gates shall not exceed a maximum height of three 3 feet in an
g g ( )
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
801 from their intersection in order to provide an
unobstructed view of approaching traffic on the
intersecting roads (see exhibit). The City Engineer
80' may prescribe greater restrictions than the height set
forth in this paragraph where unusual conditions
0 73FeetlHigh Max make such additional restrictions desirable in the
interests of the public safety.
(7) 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.
(8) Notwithstanding other provisions of this chapter, replacement of existing fences,
walls, gates, or columns, constructed with the prior issuance of a permit(s) from the
Town, 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 is subject to all provisions of this section.
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.
ATTACHMENT .
Town of Los Altos Hills November.13, 2003
Staff Report to the Planning Commission
RE: PROPOSED FENCES, WALLS, GATES,AND COLUMNS ORDINANCE §10-1.507.
FROM: Angelica Herrera Olivera, Assistant Planner
APPROVED BY: Carl Cahill, Planning Director C.C,
RECOMMENDATION That the Planning Commission:
1. Review the staff report and attached ordinance, consider any revisions, and forward a
recommendation to the City Council.
BACKGROUND
On September 13, 2003, the Planning Commission and City Council had a joint meeting to
review and discuss a number of issues including the fence ordinance. Regarding the fence
ordinance, the issues to be considered at the time of study included: consideration of the impact
of fences on conservation easements; the loss of wildlife habitat; and the effect of solid fencing
on view corridors. The Council then directed staff to prepare the appropriate ordinance for
review by the Planning Commission and adoption by the City Council. Staff is recommending
that the fences, walls, gates, and columns ordinance be incorporated as a section of Article 5
"Area, Coverage, Height, and Setback Limitations" of the Zoning Ordinance.
DISCUSSION
The current fence code section lies within the Height Ordinance of the Zoning Code, as seen in
Table 1. In June of 2002,the Planning Commission recommended that the City Council consider
adopting a new section within the Zoning Ordinance pertaining exclusively to fences. In order to
weave the principles of the Town's General Plan into the proposed fence ordinance, staff
requested and received recommendations from the Environmental Design and Protection
Committee and Open Space Committee. Staff also considered the Town of Woodside's Fences,
Walls, Gates, Pylons, and Berms Ordinance, as well as, past comments received from residents,
in developing the proposed fence ordinance. The proposed ordinance contains regulations on
open fences, solid fences and walls, entry gates and columns, deer fencing, fence color, and
prohibited fence types.
Fences, walls, gates, and columns are individual architectural elements that collectively address
two primary concerns of residents: safety and privacy. The general objective of the Town's Land
Use Element is to "provide, amidst open spaces, residential uses and the minimum public and
private facilities...necessary to serve Town residents on a continuing basis." As the minimum
parcel size within Town is at least one acre, the majority of residents utilize these large lots for
private residential and recreational purposes, many amidst open space and conservation
easements. Providing standards and regulations on fences, walls, gates, and columns will help
residents enjoy and maintain the Town's'rural character and natural atmosphere, while ensuring
their safety and privacy.
Planning Commission
November 13,2003
Page 2 of 6
The current fence code (Table 1) specifies general standards for height and location of walls and
fencing.
.g
Table 1. Current code section for Fences
Section 10-1.504. Height
(d) Walls and fences. Walls or fences (herein referred to collectively as "fences") shall not
exceed a maximum height of six (6) feet when located between setback lines and property lines,
provided, however, the height of any fence along a road shall be determined by the openness of
the fence and its distance from a "reference line," and provided, further, that no fence shall be
erected on the roadway side of the "reference line."
(1)The "reference line" for.a fence along any road shall be:
(i) The existing right-of-way boundary line, or
(ii) A line located thirty (30') feet from the centerline of the right-of-way of the
road, whichever is farthest from the centerline of the road.
(2)The maximum height of a fence erected on the "reference line" for that
fence shall be:
(i) Three (3') feet for a fence with less than fifty (50%) percent open area (when
viewed perpendicular to the plane of the fence).
(ii) Four and one-half(4 1/z) feet for a fence with no less than fifty (50%) percent
open area.
(3)The maximum height of a fence erected on the property side of the "reference line"
may be increased by one (P) foot for each ten (10') feet the location of the fence is
moved from the "reference line" for that fence, provided, however, no fence shall
exceed a maximum height of six (6) feet when located between the "reference line" for
that fence and the structural setback line for the property on which the fence is located.
(4)Walls or fences shall not exceed a maximum height of three (3') feet 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 in order to provide an unobstructed view of approaching
traffic on the intersecting roads. The Planning Commission may prescribe greater
restrictions than the height set froth in this paragraph where unusual conditions make
such additional restrictions desirable in the interests of the public safety.
The proposed fence ordinance in Table 2 utilizes the same height and location standards as the
current fence code but also provides definitions of the terms used and specifies the type of fence,
either open or solid, and includes entry gates and columns as elements of a fence. Deer fencing,
fence color, and prohibited fence types are each included as separate subsections of the proposed
fence ordinance.
Although a fence is defined as a structure in the definitions of the Zoning Code, no building
permit is required for a fence 6' or less in height. However, an electrical permit is required from
the Building Department for the installation of an automatic gate opener; and therefore, is
referenced in regulation 41 regarding fences, walls, gates, and columns.
| thirty(30')feet from the centerline of the right-of-way of the road.
_
Planning Commission
November 13,2003
Page 4 of 6
Recommendations from Committees
In developing the proposed fence ordinance, staff requested recommendations from the
Environmental Design and Protection Committee and the Open Space Committee. The
Environmental Design and Protection Committee presented staff with the following excerpt
addressing perimeter fencing for conservation easements:
"Fencing along the perimeter of a conservation easement is allowed, provided that
openings sufficient to accommodate the free passage of wildlife are incorporated
into the fence structure. This does not prevent a path that may be dedicated within
a conservation easement. A[n] ideal perimeter fence is less [than] 42" high, shall
provide a minimum of at least 12 inches spacing between the two top wires o[r]
rails; and the lowest strand or rail on the fence shall be at least 16 inches off the
ground. With electric fences,the bottom wire should be grounded. In addition, if
you must construct fences greater than 42" in height[,] it shall be required to have
at least one opening no less than 24' wide per 400 linear feet or less along the
easement perimeter,this unrestricted wildlife movement must be provided."
The above description of an ideal perimeter fence would look similar to Figure 1,below.
12 inches
U
N
d'
16 inches
Natural grade
Figure 1. Not to scale.
The Open Space Committee presented staff with the following recommendation on fences: .
"Perimeter fencing shall provide openings sufficient to accommodate the free passage of wildlife
through the conservation easement." An example of such a perimeter fence would look similar
to Figure 2, below.
Figure 2.
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. ��i...�'• 6t '.. ` ♦YJ ?:lel 4'
Planning Commission
November 13,2003
Page 5 of 6
Additional Development Standards for Fences
I .
Table 2 provides a list of additional issues of concern such as: view protection, architectural
variety, mailbox posts and columns, access to public utilities, fencing limits beyond the setback
line, and perimeter fences around conservation or open space easements.
Table 2. Additional development standards (in addition to proposed fence height standards)
1. Solid fences and walls. Adjacent property owners, including lots located across an abutting
public or private roadway shall be notified of a request for a fence permit for a solid fence or
wall to be placed at the property line. If written objection is received within 10 days, the
fence permit shall be reviewed by the City Council.
2. Open entry gates with columns. The maximum height of an open entry gate with columns
erected between the "reference line" for an open fence and the structural setback line for the
property shall be an average of six (6') feet.
3. Mailbox posts and columns. No fence, wall, gate or column shall be located within a road
right of way or public utility easement, with the exception of a mailbox post or column. An
encroachment permit from the Engineering Department is required to install a mailbox post
or column. Any existing fence, wall, gate, or column within a road right of way or public
utility easement may be removed at the owner's expense.
4. Fences, walls, gates or columns beyond the setback lines. The maximum height of a
fence, wall, gate, or column erected beyond the setback line shall be ten(10') feet.
5. Conservation/Open Space Easement perimeter fences. Perimeter fencing shall provide
openings sufficient to accommodate the free passage of wildlife through the conservation or
open space easement. The maximum height of an open perimeter fence shall be six (6') feet
and the lowest strand or rail on the fence shall be at least 12 inches off the ground. Where a
pathway is located within a conservation/open space easement,the open perimeter fence shall
be required to have at least two openings no less than the width of the pathway easement
along the easement perimeter.
The first development standard would require that adjacent property owners be notified prior to
the approval of a solid fence or wall in order to prevent the obstruction of views for neighboring
property owners. The second development standard would allow the entry gate, usually flanked
by columns, to be reviewed as a separate entity from fences and be measured as an average'of an
-J- entry gate's height as in the exhibit
6'-0"aver.height to the left. Usually focal points of a
property, entry gates receive greater
architectural attention and
ornamental, detail to represent the
overall character of a residence. In
9
order to maintain the Town's open
Cd
atmosphere, yet provide for
architectural variety, the average
height would pertain to open entry
gates only. At the request of the
Engineering Department, the third
Planning Commission
November 13,2003
Page 6 of 6
development standard would prohibit the location of any fence, wall, gate, or column to be
erected within a road right of way or public utility easement, with the exception of mailbox posts
or columns. In the case where maintenance, installation, or repair work is necessary within a
road right of way or public utility easement, damage to fences and unnecessary costs to residents
can be avoided. The final development standard provides an upper limit on the heights of fences,
walls, gates, and columns beyond the setback lines in order to maintain and preserve the Town's
rural atmosphere and protect the views of adjacent properly owners. These development
standards will be incorporated into the proposed fence ordinance at the direction of the Planning
Commission.
SUMMARY
The proposed fence ordinance provides clarification of height and location requirements for open
and solid fences and walls, and also establishes regulations similar issues such as fence color and
the measurement of fence height. The additional development standards provide a list of issues
that can be further discussed and considered by the Planning Commission as the fence ordinance
is developed.
Staff estimates that at least 50 percent of the fences, walls, gates, and columns in Town are
erected without benefit of Town approval. Enforcement of the fence ordinance, current or
proposed, will continue to be primarily driven by neighbor complaints. Because, fences do not
require building permits it can be difficult to establish when a particular fence was constructed.
CEQA Status: Exempt, Minor Alterations to Land, Section 15304(b). Staff is available to
answer any questions that the Commission or the public may have.
ATTACHMENTS
1. Proposed Fences, Walls, Gates, and Columns Ordinance;
2. Special Meeting Minutes from September 18,2003;
3. Town of Woodside Fences, Walls, Gates,Pylons, and Berms Ordinance;
4. Photos of existing fences throughout Town.
ATTACHMENT I
Proposed Fence Ordinance.
Section 10-1.507 Fences, Walls, Gates, and Columns.
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 of the Town. In all residential-
agricultural and open space reserve districts, the following regulations shall apply to all
fences, walls, gates, and columns.
(1) A building permit and/or a fence permit shall be required for all fences, walls,
gates, and columns.
(2) The "reference line" for the location of a fence along any road shall be a line
located thirty(30) feet from the centerline of the right-of-way of the road.
(3) Fence color on highly visible lots shall not exceed a maximum reflectivity value
of 50.
(4) The height of any fence, wall, gate, or column shall be measured from the
natural grade to the top most part of the fence, wall, gate, or column directly
above, including ornamental features.
(5) The maximum height of a fence erected on the property side of the "reference
line" may be increased by one (F) foot for each ten (10') feet the location of the
fence is moved from the "reference line" for that fence, provided, however, no
fence shall exceed a maximum height of six (6) feet when located between the
"reference line" for that fence and the structural setback line for the property on
which the fence is located.
(6) Walls,fences, gates, or columns shall not exceed a maximum height of three (T)
feet 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 in order to provide an
unobstructed view of approaching traffic on the intersecting roads. The
Planning Commission 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.
(7) An open fence or entry gate shall have no less than fifty (50%) percent open
area when viewed perpendicular to the plane of the fence.
(8) Prohibited Fence Types. The following fence types are prohibited: (a) Chain-
link or cyclone fencing except green or black vinyl coated and constructed with
cross bars and caps, and (b) electric, barbed or razor wire fencing except where
necessary for animal husbandry operations.
(a) Open fences and entry gates with columns. The maximum height of an open
fence and entry gate with columns erected on the "reference line" shall be four
and one-half(4 V2') feet.
(b) Solid fences and walls. The maximum height of a solid fence and wall erected
on the"reference line"shall be three (3') feet. -
(c) Deer Fencing. Deer fencing shall be constructed of horizontal 12-16 gauge high
tensile steel wire and shall not exceed 8-feet in height. Deer fence posts shall be
spaced a minimum of 8-feet apart Deer fencing higher than six-feet shall not be
located within front yard setbacks or setbacks adjacent to any street.
ATTACHMENT ,�,
Meeting Minutes
September 18 2003
3
Town of Los Altos Hills
Joint City Council and Planning Commission Special Meeting
Thursday, September 18, 2003 5:00 p.m.
Council Chambers, 26379 Fremont Road
1. CALL TO ORDER,ROLL CALL,AND PLEDGE OF ALLEGIANCE
Mayor Cheng called the Special Meeting of the City Council and Planning Commission
to order at 5:00 p.m. in the Council Chambers at Town Hall.
Present: Mayor Cheng,Mayor Pro Tem O'Malley, Councilmembers Fenwick,Kerr
and Warshawsky, Planning Commissioner Chair Clow, and Planning
Commissioners Cottrell,Kerns, Mordo and Vitu
Absent: None
Staff: City Manager Maureen Cassingham, City Attorney Steve Mattas,
Planning Director Carl Cahill, City Engineer/Director of Public Works
Mintze Cheng and City Clerk Karen Jost
Press: Kaye Ross, San Jose Mercury News and Tim Seyfert,Los Altos Town
Crier
2. JOINT MEETING OF THE CITY COUNCIL AND PLANNING COMMISSION
DISCUSSION ITEMS:
The City Council and Planning Commission had a suggested list of items for discussion
that had been prepared by the Planning Director. A summary of the items and comments
include:
• Development Area Policy — low priority at this time for study by the Planning
Commission. Council will consider a proposed zoning amendment at tonight's
City Council Meeting that would exempt synthetic turf material from
development area calculations when used in athletic fields at community
recreational facilities and schools but not private residences. It was noted that
historically, there has been a concern that exemption of certain surfaces from
development area calculations, would encourage additional development on the
lot.
• Conservation Easements — presently being investigated by the Open Space
Committee. It was decided to have this process completed by the Committee and
the report forwarded to the Planning Commission for their review.
• Pathway Policy. —;the Pathway Committee in conjunction with the subgroup that
has been rise f6h,44g i544y e4s6mont§ will t'ork to finalize the Pathway Map
qFl l e prn l �P �QNil�i� Pl 1 Y}�W/ 91I ?apt 411 ll} AAlAyal,
Consensus that much of the documentation has been completed but public input is
an important consideration in finalizing the map.
1 Draft Special Meeting Minutes
September 18,2003
• Lot Unit Factor (LUF) — it was noted that the Lot Unit Factor has already been
increased for constrained lots. Consensus to return to this item for further
discussion after the Master Storm Drain Study is completed.
• Bullis School Site — it was agreed that the Town has a limited say in decisions
made by the Los Altos School District regarding the site. The Town is currently
investigating recreational opportunities for the Town on the upper fields.
• Fence Ordinance — following discussion of this item, it was determined that
review of this item by the Planning Commission should be given high priority.
Issues to be considered at the time of study include: consideration of the impact of
fences on conservation easements; the loss of wildlife habitat; and the effect of
solid fencing on view corridors.
• Investigation of Policy to Facilitate Water Conservation — consensus that water
conservation is an important issue at this time and a signature of responsible
government. The Planning Commission was directed to work with the Purissima
Hills Water District to identify possible solutions to increased water consumption
in the Town.
•. Subdivision Ordinance — consensus that the Town's Subdivision Ordinance
should be reviewed for clarification of language and update revisions. Cahill
noted that the Town's subdivision process is consistent with the State's
Subdivision Map Act.
PASSED BY CONSENSUS: To prioritize the directives for the Planning Commission
study in the following order: (1) Investigation of policy to facilitate water conservation;
(2)Fence Ordinance; and(3) Subdivision Ordinance.
3. PRESENTATIONS FROM THE FLOOR
Jan Fenwick, Purissima Hills Water District Board Member, commented that the Water
District is presently studying different options and innovative solutions to reduce water
usage by residents for landscaping purposes.
4. ADJOURNMENT
There being no further business to discuss, the Joint City Council and Planning
Commission Special Meeting was adjourned at 5:55 pm.
Respectfully submitted,
Karen Jost City Clerk
The minutes of the Joint City Council and Planning Commission Special Meeting were
approved at the Regular City Council Meeting of October 2, 2003.
2 Draft Special Meeting Minutes
September 18,2003
V v '
ArrACHMENT3
Zoning
(3) Where a lot abuts on a road having directly on property in any residential district or
only a portion of its required width dedicated or on a public street, in which case the minimum
reserved.for road purposes, the required setback width of the side setback for such parcel shall be
shall be measured from the line establishing the 15 feet.
additional width required for road purposes
abutting the lot. (4) No rear setback shall be required in
the CC District for structures on parcels located
(4) On a lot which is not rectangular or entirely within the boundaries of the Town Center
approximately rectangular in shape, required -Parking Assessment District where a portion of
setbacks shall be measured in the manner the original parcel has been acquired by the Town
prescribed by the Planning Director. for use in the same Town Center Parking
Assessment District, consistent with the Town
(5) For lots with frontage on more than Center Site Plan, dated March 8, 1989, and with
one roadway, the Planning Director shall the engineer's report for the Woodside Road-
determine the road from which the building site Whiskey Hill Road Parking Assessment District,
would be most visible and apply front setback adopted October 5,1989 by the Town.
regulations to that roadway frontage of the lot. ('75 Code,§9-2.206)
(Ord. 1980-291, effective 9-11-80; Am. Ord.
(6) Any portion of a structure having a 1991448, effective 10-18-91; Am. Ord. 1993-468,
height in excess of 17 feet above the ground effective 4-22-93; Am. Ord. 1999-494, effective 3-
elevation at the front setback line shall be set back 25-99) Penalty,see§ 153.999
an additional two feet from the property line for
each foot of height in excess of 17 feet, except in
the R-1 District Height shall be measured from § 153.051 FENCES,WALLS,GATES,PYLONS,
the existing or finished grade, whichever presents AND BERMS.
the lower building profile.
('75 Code,§9-2.205) (A) Permits required No fence or wall shall
be erected without the prior issuance of a permit
(B) Exceptions. from the Town. ('75 Code,§9-2.207)
(1) Chimneys, fire escapes, bay (B) Residential zoning districts. The following
windows, eaves, cornices, canopies, stairway regulations and design guidelines were created to
landings,uncovered balconies,decks,porches,and preserve the beauty and rural quality of the Town
stairs from the ground to an uncovered balcony, and ensure the safety of all residents.Open fencing
deck, or porch may extend into a required side and gates are strongly encouraged to maintain the
setback a distance of not more than three feet and rural atmosphere of the Town. In all residential
into a required front or rear setback a distance of and open space zones the following regulations
not more than six feet. and design standards shall apply to all fences,
walls,gates,pylons, and berms. A building permit
(2) Walls, hedges, walks, driveways, and/or a fence permit shall be required for all
garage aprons, uncovered decks three feet or less fences,walls,gates,pylons,and berms.
above the ground, landscape features, such as
patios, and water features, other than swimming (1) Open fences, pylons and open gates
pools,may be located in any required setback. which meet all of the provisions of divisions (4)
through (13) below, may be approved by the
(3) No side setback shall be required for Planning Director, without review by the
a parcel in the CC District, except where the side Architectural and Site Review Board.
parcel line of the property in the CC District abuts
XV-123
2001 S-1
Woodside-Land Usage
(2) Fences and walls located greater (a) OPEN FENCES
than 50 feet (30 feet in the R-1 zone) from the
right-of-way of adjacent roadways and which Minimum setback from edge of 10'(public road)
meet all of the provisions of divisions (4) through driving surface of an adjacent 5'(private road)
(13) below, may be approved by the Planning public or private road
Director unless an adjacent property owner
requests review by the Architectural and Site Maximum height within 20'of 4'
Review Board. At least ten days prior to the edge of the driving surface
decision, notice of the pending decision shall be of an adjacent public road or
provided to any owner of property adjacent to the within 10' of an adjacent
proposed fence, including lots located across an private road
abutting public or private roadway.
Maximum height of open fences 6'
(3) All other fences, walls, gates, and
berms which meet the provisions of divisions (4) (b) SOLID FENCES AND WALLS
through (13) below may be approved by the.
Planning Director after review and Minimum setback from edge of 10' (public road)
recommendation of the Architectural and Site driving surface of an adjacent 5' (private road)
Review Board. Exceptions to the standards set public or private road
forth in this section may be granted by the
Planning Director upon a finding by the Maximum height within 50'of 4'
Architectural and Site Review Board that such the edge of the driving surface
fence, wall, gate, pylon, or berm would be of an adjacent public or private
consistent with the rural character of Woodside road(30'in the R-1 zone)
and with the existing fencing of the subject lot and
neighboring properties. No exception may be Maximum height of solid 6'
granted, however, which allows a fence, wall, or fences and walls
berm to exceed six feet in height.
(c) OPEN AND SOLID GATES
(4) The design of all fences, walls, gates,
pylons, and berms shall be rural in character and Minimum setback from edge of the 25'
shall emphasize the use of natural materials and driving surface of adjacent public
colors. Open fencing and gates are highly or private road,with gates open
preferred. Unpainted or stained white, brown or
gray wood;welded or woven wire and wood posts; Maximum height of open and solid 7' (maximum)
natural stone and/or brick construction are gates 6'(average)
preferred. Chain link fencing, except for athletic
sport fencing,is not permitted within 50 feet of the (d) PYLONS
right-of-way of an adjacent roadway, unless
specifically approved by the Architectural and Maximum height of pylons 6'
Site Review Board. 7' (with lights)
(5) All fences, walls, gates, and pylons (e) OUTDOOR ATHLETIC
shall meet the following standards, provided they COURT
are not located in the public or private right-of- FENCING
way or within any trail easement or other Maximum height 12'
easement precluding their construction:
XV-124
2001S-1
Zoning
(f) BERMS. Berms shall vary in that fences, walls, gates, pylons, or berms erected
height and width to create a natural appearance, or planted prior to the effective date of this
consistent with surrounding natural contours, and chapter be reduced in height or removed where
must be planted with native drought tolerant the Town Engineer determines that a public safety
plants. The top of the berm shall slope gradually hazard exists.
to approximate natural slopes and to
accommodate planting of vegetation. The slope of (11)No fence, wall, gate, pylon, or berm
the berm must not exceed two feet horizontal to shall be constructed within a stream corridor, as
one foot vertical and fills in excess of three feet defined in § 153.206, unless the Town Engineer
require certification of design by a civil engineer. finds that such fencing will not impede drainage
A contour model of the berm and the site shall be flow and the Planning Director finds that adequate
submitted with the application to the provision is made for the passage of wildlife.
Architectural and Site Review Board.
(12)Fences, walls, gates, pylons, and
(6) Notwithstanding the standard set berms shall not be constructed within any public
forth above, all fences, walls, gates, pylons or right-of-way. Fences,walls and berms shall not be
berms shall be located to accommodate existing constructed within any private road right-of-way.
equestrian trail usage such that a minimum of 15 Gates, pylons, and appurtenances, that run from
feet of usable trail width remains,unless the Trails such gates and pylons to the edge of private right-
Committee concurs that a lesser width is adequate of-way, may be constructed in a private right-of-
for safe equestrian movement. way provided a use permit is granted by the
Planning Commission according to §§ 153.245
( ) The vertical dimension of any fence through 153.255, and provided the following
or wall shall be measured from the average findings are made (in addition to the findings
elevation of the finished lot grade on both sides of required by§ 153.251):
any such fence or wall. The maximum height at
any point on a stepped fence shall not exceed the (a) The private road right-of-way is
limitations contained in this section. not a through road;
(8) Screen plantings required as a (b) The private road right-of-way
condition of approval for any fence or wall shall does not serve more than ten residential lots;
be maintained by the property owner in good
condition. (c) An adequate turnaround will be
provided;,
(9) Corral and pasture fences shall not
be less than four feet in height, unless other (d) The gate and/or gate
requirements are prescribed by Chapter 115 of appurtenances will not constitute a traffic safety
this Code, relating to stables, or any other Town hazard;
law applicable to the keeping of livestock,in which
case such other height requirements shall prevail. (e) The private road right-of-way is
privately owned by property owners adjacent to it,
(10) No fence, wall, gate, pylon or berm
shall be permitted where, in the opinion of the (f) All property owners who have
Town Engineer, the additional height would the right by deed or prescriptive use to use the
obstruct the sight distance or create a potential private road right-of-way have given their written
public safety hazard. Additionally, the Town consent to the use permit application;
Engineer may require
(g) Access will be provided for
emergency vehicles;
XV-125
Woodside-Land Usage
(h) The proposed gate and its § 153.052 MEASUREMENT OF HEIGHT;
appurtenances conform to applicable Town codes; EXCEPTIONS.
(i) Maintenance of the gate and its (A) Measurement
appurtenances is provided for in a road
maintenance agreement executed and recorded by (1) The height of a-building or structure
all property owners who have joined in the use shall be measured verticaly from the finished
permit application; and grade to the uppermost point on the roof, wall, or
parapet above the finished grade.
(j) The gate apparatus will be
operable from vehicles by handicapped persons. (2) On sloping ground the maximum
allowable height of a building shall be determined
A use permit ranted under this section may b establishing a hypothetical line at the maximum
P g Y Y g YP
be revoked by the Planning Commission whenever building height parallel to the natural grade, or
it determines that it can no longer make the finished grade building elevation, whichever
findings required by this section. elevation creates a lower building profile.
('75 Code,§9-2.210)
(13)Notwithstanding other provisions of
this chapter, replacement of existing fences or (B) Exceptions. Towers, spires, cupolas,
walls shall be permitted if the replacement is of a chimneys,flagpoles, radio and television antennas,
like material,no greater in height,and no closer to and similar structures and necessary mechanical
adjacent property lines than the existing fence or equipment covering not more than 150 square feet
wall,or if replaced by an"open" fence meeting all may be erected to a height not more than 20 feet
of the provisions of this section, except that above the height limit prescribed by the
replacement with chain link fencing is subject to regulations for the district in which the site is
all provisions of this section. Repair of short located. In no case shall such structures exceed a
sections (less than 100 feet, not to exceed 50% of height of 50 feet. ('75 Code,§9-2.211)
that segment of fencing over a 12-month period) (Ord. 1980-291, effective 9-11-80; Am. Ord.
of existing fences and walls does not require a 1986-340, effective 10-9-86; Am. Ord. 1999494,
permit. Replacement of existing gates,pylons, and effective 3-25-99)
berms shall require a fence and/or building permit
and are subject to all review provisions of this
section,as are fences and walls which are replaced § 153.053 USE PERMITS REQUIRED FOR
other than as specified above. Replacement of any CERTAIN STRUCTURES.
of the above, however, shall be prohibited if the
Town Engineer determines that a public safety In any district a use permit secured in the
hazard exists. manner set forth in §§ 153.245 through 153.255
('75 Code,§9-2.208) shall be required for a tower, spire, water tank,
flagpole, commercial radio or television
(C) Community Commercial District In the transmission antenna, transmission tower, or fire
CC District fences and walls exceeding six feet in tower which exceeds the height set forth in
height shall be regarded as structures and shall § 153.052(B). No structure shall be moved into or
not be erected without first obtaining the approval out of the Town or from one lot to another lot
of the Planning Director and the issuance of a within the Town unless a moving permit is
building permit from the Town. ('75 Code, authorized by the Planning Commission.
§9-2.209) ('75 Code, §9-2.212) (Ord. 1980-291, effective
(Ord. 1980-291, effective 9-11-80; Am. Ord. 9-11-80;Am.Ord. 1999494,effective 3-25-99)
1986-334, effective 5-8-86; Am. Ord. 1989-391,
effective 9-14-89; Am. Ord. 1992454, effective
3-13-92;Am.Ord. 1999494,effective 3-25-99)
XV-126
2001 S-1
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