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HomeMy WebLinkAbout3.2 Town of Los Altos Hills March 11, 2004 Staff Report to the Planning Commission RE: PROPOSED FENCES, WALLS, GATES, AND COLUMNS ORDINANCE §10-1.507. FROM: Angelica Herrera Olivera, Assistant Planner APPROVED FOR SUBMITTAL BY: Carl Cahill, Planning Director 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 February 5'', 2004, the City Council authorized the distribution of a town-wide Public Hearin notice for the proposed Fence Ordinance in the Town's newsletter Attachment 1). The Hearing p p ( Public Hearing notice outlines the dates of the Planning Commission and City Council public hearings and solicits public testimony with regard to the proposed revisions to the Zoning standards for fences, walls, gates, and columns. DISCUSSION On January 8th, 2004, the Planning Commission reviewed the proposed Fences, Walls, Gates, and Columns Ordinance (Attachment 2). The Planning Commission is considering the following changes to the Fence Ordinance: ♦ Consolidation of fence rules into a single ordinance ♦ Introduction of a six (6') foot average height and seven (7') maximum height for "open" driveway gates 7'Max Height 6'Average ------ ------ x ♦ Standards for deer fencing and open space-conservation easement perimeter fencing ♦ Establishment of prohibited fence types The Commission concluded their discussion of the proposed Fence Ordinance on the subject of the types of fencing allowed along the perimeter of open space-conservation easements. Planning Commission March 11,2004 Page 2 of 2 SUMMARY A draft copy of the proposed Fence Ordinance was made available for public review at Town Hall and was also available in an electronic version from the Planning Department. 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. February 5, 2004 City Council Staff Report, Town-Wide Public Hearing Notice; 2. January 8, 2004 Planning Commission Staff Report; 3. January 8, 2004 Planning Commission Meeting Minutes. AT rAcHmENTj__ TOWN OF LOS ALTOS HILLS February 5, 2004 Staff Report to the City Council RE: PUBLIC HEARING NOTICE REGARDING THE PROPOSED REVISIONS TO THE FENCE ORDINANCE. FROM: Angelica Herrera Olivera,Assistant Planner 00 APPROVED FOR SUBMITTAL: Carl Cahill, Planning Director l:.C . BACKGROUND: The Planning Commission is requesting that the City Council authorize a town-wide Public Hearing notice for the proposed Fence Ordinance. Inclusion of the attached town-wide public hearing notice in the Town's newsletter would result in a savings of approximately$2,653.00, for printing, lst class postage and mailing services (folding, labels, etc.). Attached is a copy of the draft town-wide public hearing notice. ATTACHMENTS 1. Draft Town-Wide Public Hearing Notice. JA, TOWN OF LOS ALTOS HU LS , FENCE ORDINANCE - PUBLIC HEARINGS` ' .On Thursday, March 11th, 2004, on or after 7:00 .m., the Planning Commission* .�_w Y� P g fr,� wr 1 consider amending the Zoning Ordinance in order to revise Zoning standards for fences, walls, gates, and columns. On Thursday, April 1St, 2004, on or after 6:30 p.m., the City Council will consider the Planning Commission's recommendation and public testimony with regard to the proposed Fence Ordinance. The Planning Commission and City Council will consider the following changes to the Fence Ordinance: ❖ Consolidation of fence rules into a single ordinance ❖ Introduction of a six (6') foot average height and seven (7') maximum height for"open" driveway gates 7'Max Height 6'Average ------- ------ .a w� x G, ❖ Standards for deer fencing and open space-conservation easement perimeter fencing ❖ Establishment of prohibited fence types A draft copy of the proposed Fence Ordinance is available for public review at Town Hall, 26379 Fremont Road, Los Altos Hills, California, 94022. Please contact Planner Angelica Herrera Olivera at aolivera@losaltoshills.ca.gov for an electronic version of the proposed Fence Ordinance. ., .Res dent Input: Any member of the public may appear to speak at the p blic r, ^ � hearmgs, or comments may be sent prior to each hearing to Town Hall 2637 ,Fremont"Road, Los Altos Hills, CA 94022, faxed to (650) 941-3160, or e-mai ed to n aririri 1 so altoshills.ca. ov. p ..n g@` g "' 1 ATTACHMENr 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 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 regaired 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. 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, 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 Maximum height of open fences and gates at the 4%2' minimum setback from the centerline of adjacent 4 12'High public or private road 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 Minimum setback from centerline of adjacent 30' public or private road Maximum height of solid fences gates, and walls 3 g � at the minimum setback from the centerline of • 3'High-••••--• adjacent public or private road CenteRoad rime of Additional setback required to increase height of 10' 3a 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' r adjacent public or private road Maximum height of columns at the 6' k axhelghtminimum setback from the centerline of 7' (w/lights) adjacent ublic or rivate road M&6' J p private additional 72 orches are allov d Maximum height of columns located 6' fora lightfixture. The total maximum between adjacent public or private 7' (w/lights) height for the column&light is 7 feet. (de Columns roadways 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 (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 White Streamers every 10-12' Postst 15-20'apart 6'—8' depending en, q xc eta4�M #e13 t 3 9 y xs r § i ..s qtr - �g�iT 1. efiqq t Ttd is�4 �t ! 9 3 1x Y j on location of fence wt.. f.i, 3 g" rs 'lrCt'm`i 3�;! .tr,s. T Existing grade (f)Deer fencing (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 r. ,r :. split-rail wood fence (see exhibit). r• Where a pathway is located within J uoa4 . ; .� an open space-conservation easement, the open perimeter fence ., •*, F shall be required to have at least two x.. !, �� 'r``' ' `•=�. ';' ��: ..fir openings no less than the width of 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 j 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 (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 80, 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 73FeetHigh 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. 0 Repair of short sections (less than 100 feet, not to exceed fifty (50 /o) 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. i i i 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 .0 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. 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, father, 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 (Y) 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 V2') 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 (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. (4)Walls or fences shall not exceed a maximum height of three (Y) 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#1 regarding fences, walls, gates, and columns. Planning Commission November 13,2003 Page 3 of 6 Table 2. 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 (1') 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 (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 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 1/2) 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. 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 P-rounded. 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 i i H I I I I I I C14 11,11 1 1 1 1 1 1 1 1 16 inches Natural grade Figure 1. Not to scale_ TheOpen 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. 4r Is T4 t 4W 1V W Planning Commission Planning 0 November 113,2003 Page 5 of 6 Additional Development Standards for Fences 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 to the left. Usually focal points of a C-:nqytr.hei ------ 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 atmosphere, yet provide for 9 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 property 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 1 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 (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. (6) Walls, fences, gates, or columns 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 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. Meeting Minutes September 18, 2003 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 beeti rdse4hi i g pat�}w y e;Isem nts will Work to finalize the Pathway Map 4Pl� thF1 fPM-4 Il IP PRO SPF r5Yj9W, PPlllllRt R4 fIn41 4PPTPY41, Consensus that much of the documentation has been completed but public input is an important consideration in finalizing the map. I Draft Special Meeting Minutes September 18,2003 I • 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 subdivisionP rocess 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 Wmd4� JZ7 Zoning (3) Where a lot abuts on a road having directly on property in any residential district or ' th dedicated or on a public street in which case the minimum only a portion of its required vv�d p , 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) Ona 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. (175 Code,§9-2.206) (Ord. 1980-291, effective 9-11-80; Am. Ord. (6) Any portion of a structure having a 1991-448, effective 10-18-91; Am. Ord. 1993468, 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 2001S-1 Woodside-Land Usage I (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 101(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) j 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' I'I 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 2001 S-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 (7) 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 vertically 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 granted under this section may by establishing a hypothetical line at the maximum 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. (175 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 „�.; Iwo.---•`.- `d i�"�' '` }y�` ¢F JR WIRE; { c°yJ J z il+t "7 fit? Y Pi A'd� $ mw4 HIS IRKS C -WOMEN MONO 44 Al VIONNOWN B 11 tol J 9t � y¢ • , f rs ; f ua � IU aa+�ara N�,�€s:.• . � ��' � �, � `ysR`�. •� "� 4 `°a..y ���� az -� sb`da'-�'S',.fi.Ab �i� L _ KPI =. �. rope`� , In nW, �s x IN Planning Commission Minutes Approved 1/22/04 January 8, 2004 Page 6 ATTACHMENTS MOTION SE NDED PASSED: on by C;a?P�Ian r Cottrell d second y Commiss' er Vitu to ommend ap al of the Geme ent tot ousing Ele to the City uncil. AYES: Commission Cottrell,Mo o,Vitu&K NOES: None ABS T: Chairm n Clow 4. OLD BUSINESS 4.1 Report from subcommittees-none 4.2 Proposed Fences, Walls, Gates and Columns Ordinance §10-1.507 (staff-Angelica Herrera Olivera) Staff introduced this item my clarifying the changes that were incorporated into the proposed ordinance as a result of the Planning Commissions comments at the November 13, 2003 meeting. Commissioner Vitu questioned the open space conservation easement perimeter fence asking if this was referring to any conservation easement or those that are in designated open space areas in Town and what happens if the conservation easement is not on the perimeter of the property. Discussion ensued. Commissioner Mordo commended staff for outstanding work as it is very clear and even better than the Woodside ordinance. He liked the graphics also. Commissioner Cottrell thanked staff for finding the deer fence sample material. Sandy Humphries stated there should be no deer fencing in a conservation easement, asking if the ordinance does not indicate this, to please add it. Discussion ensued regarding the following: fences on berms (no grading within 10 feet of a property line); gates being 7 feet in height including the lights; pathways within a conservation easement not being fenced (pathways to remain open); no deer fencing around the entire perimeter of a property; conservation easements for wildlife movement; open fence or entry gate to have no less than 50% open area when viewed perpendicular to the plane of the fence (item #7); keeping original wildlife paths open; no fences that would prevent wildlife movement in or out of a conservation easement (free circulation); open space conservation easement perimeter fences, minimum distance of lowest fence strand or rail from ground, 12" above grade; possibly no fences within setbacks to allow a wildlife corridor; a concern with a conservation easement in the middle of a property and how to fence the site; notifying neighbors of proposed fencing plan; fence and a view issue; and the need for a permit for any fence. This item will be heard at the Planning Commission and City Council level. The question of a Town wide notice/mailing for this item was discussed. Normally the Town wide mailing is for City Council items. The Commissioners would like to have a Town wide mailing for the item when scheduled for a Planning Commission Minutes Approved 1/22/04 January 8, 2004 Page 7 Planning Commission agenda also. The Planning Director will forward the Commissioner's request for a Town wide mailing at the next City Council meeting. Sandy Humphries reiterated her feelings regarding Poplar trees and their invasive roots stem. Dot Schreiner felt it was important that everyone knew that the construction of a fence (new or old)requires a permit. This item will return for a noticed public hearing. NEW BUSINESS Schedule PI g Co ssion meeting for Ja ry 22, 2004 PASSED BY ONSE US: To schedule a econd PI ng Commis meeting f /22/04 5.2 Requirements for Sellin operty in Portola Valle (staff-Angelica errera livera) Staff oduced this item b review' the background the T n requirements for ling pr erty in Portola Valley. Co loner Mordo felt if the p ss could be set up without much trouble, it sounds like a solution since this has be ffect in Portola Valley sinc 1970. Commissioner Cottre elt th should be a mandat part o ny real estate transac ' n. Further discussion ensue egarding pr ess and the Fi aker Pro dat ase. The Co ssion liked the idea and .w d like to see an rdinance tum to the Plannin ommiss' that is si 'lar to Portola ley. Commissioner rd ould like to see what the ty Woodside uses r require nts for selling properties. 6. RT FROM THE CITY C CIL TING 6.1 P ' g Commis " n Representative for ovemb 20th-Commissioner Kerns, reported on the follo ' g: M er Pathway Map update; dis s i n of proposal to grant pathway easement for Wildflo ewbridge connection; accept of the Mora Drive sewer reimbursement agree t; view of the Approved erat* and Capital Improveme P ogram; considerati of appro of the New Town 1 budget; L ds of Kerns, consery on ea men; agree t; request to va to existing p way easements 2, 3, 4 and fer to dedic e two rtway easements, Lan f Kern and Lands of Pinewoo School onditional Use Pe i 6.2 lanning Commission resent 've for December 4th ommiss er Kerns, r orted on the owing: presentati by Comcast able; Lands of , 14303 Saddle ountain Drive; update on der grounding of utilities and prop o d agree t between Godbe Ass iates and the Town of s Altos Hills; and discussion o "Citi ens for La Paloma Dra' ge Improvement" proposal. Angelica Olivera From: Charles Arney[gandi5@sbcglobal.net] Sent: Thursday, March 04, 2004 9:48 AM To: aolivera@losaltoshills.ca.gov Subject: Fence Ordinance Doc. Hi Angelica, Thanks for forwarding the fence ordinance doc. And I have read the proposed ordinance and, yes, except for a few nit picks it does cover the matter , but only so to certain extent. In particular my comments are as follows, 1. The doc. does not cover existing fences. Are they to be grand fathered? 2. The doc. does not cover ugly fences. . . either new or existing. 3. The doc. does not discuss existing and noncompliance fences and remedial procedures. 4. The doc. does not discuss existing cheap and unsightly fences that lower neighborhood property values. 5. What about fence set backs from property lines except for private and public roads? Are there no other set back restrictions. 6. The doc. does not cover shrubbery type fences, which can be very distracting and greatly effect property values. And I'm certain that I can think of other objections before casting my approval of the doc. , but those above should suffice as openers. As far as your doc. goes I think it is fine, but in it's present form I think that it raises more problems than it solves. I should also point out that I have observed the towns tacit approval of flagrant code and ordinance violations in the past. Here again, with no enforcement, the opportunities abound for aberrations. I'll attempt to attend the meeting. Thank you, Charles Arney 1