HomeMy WebLinkAbout3.3Item 3.3
TOWN OF LOS ALTOS HILLS November 5, 2009
Staff Report to the Planning Commission
SUBJECT: AMENDMENTS TO THE FENCES, WALLS, GATES, AND COLUMN
ORDNANCE (SECTION 10-1.5070; FILE # 207-09-MISC
FROM: Nicole Horvitz, Assistant Planner.%/e
APPROVED: Debbie Pedro, AICP, Planning Director . j
RECOMMENDATION: That the Planning Commission:
Review the staff report and attached ordinance with proposed amendments, consider any
revisions, and forward a recommendation to the City'Council.
BACKGROUND:
At the September 24, 2009 City Council meeting, the Open Space Committee requested
that an amendment be made to the Fence Ordinance to prohibit the use of points, spikes,
and/or sharpened edges on new fences, walls and gates. The committee initiated the
request because use of these features has caused harm to wildlife, and may, in the future,
cause harm to people of pets.
DISCUSSION
The proposed amendment would add to Section 10-1.507 (d), and would read as follows:
d. Prohibited fences, walls, gates, columns types. The following fences are
prohibited:
Chain-link or cyclone fences, including any fence with bare lengths of wire
stretched between metal poles, with the exception of dark green, black, or
brown vinyl -coated chain-link fences with matching vinyl -coated cross bars
and caps.
2. Barbed or razor wire fences, including any fence with attached barbs, sharp
points, or razors.
3. Electric fences, including any fence designed to produce an electric shock,
except where necessary for animal husbandry operations.
-► 4. Any fence, wall, and/or gate that may cause harm to people, pets, and/or
wildlife due to points, spikes, or sharpened edges on the top or bottom part
of the fence, wall structure, and/or gates.
Staff Report to the Planning Commission
Fence Ordinance Amendment
November 5, 2009
Page 2 of 3
5. Any perimeter fence, wall, gate, or column where the color reflectivity value
exceeds 50%.
6. Any fence, wall, gate, or column located within a public or private road
right-of-way, or pathway easement except for a mailbox column with an
approved permit.
The amendment would also add to the definitions section 10-1.507 (c) and read as
follows:
Definitions. The following definitions are established for the purpose of this
article and the meaning and construction of words and phrases is as follows:
Column means a round or square pillar, pole, or post flanking an
entranceway constructed of such materials as brick, stone, concrete, or other
materials. Includes mailbox columns.
Fence means a structure serving as a barrier or screen constructed of wood,
metal, wire, masonry, glass, plastic or any other material (not including
graded berms or living hedges).
Gate means a movable frame or solid structure that swings, slides, or rolls
controlling ingress and egress through an opening in a fence, wall, or
vegetation.
Legal nonconforming structure (Refer to Section 10-1.401(h) of the
Zoning Ordinance.)
Open fence or gate means a fence or gate constructed in such a way so that
no more than fifty (50) percent of the surface area obstructs a ground level
view through the fence or gate.
-► Points, spikes, and/or sharpened edges means any end of a vertical bar
that is capable of causing, or is likely to cause injury to people, pets,
and/or wildlife.
Solid fence or gate means a fence or gate constructed in such a way so that
more than fifty (50) percent of the surface area obstructs a ground level view
through the fence or gate.
Wall means an upright structure of wood, stone, brick, or other substance or
combination of substances serving to enclose, divide, support and usually
having greater mass than a fence.
In the past two years, the Planning Department has processed fifty-three fence
applications. Of which, four (4) were wrought iron fences constructed with points, spikes,
or sharpened edges. Over 90% of the fences approved were wrought iron, chain link, wire
mesh, or solid wood fences with no pointed tips or spikes.
Staff Report to the Planning Commission
Fence Ordinance Amendment
November 5, 2009
Page 3 of 3
Type a
'Total
Solid
3
Wrought Iron
16
Wire Mesh
14
Chain Link
11
Split Rail
2
Combination of open and solid
7
If the proposed amendment is approved, all existing and previously approved fences and
gates with points, spikes, and/or sharpened edges will be considered legal non-
conforming. Pursuant to Section 10-1.401 of the Municipal Code, when 50% or more of a
non -conforming fence is to be replaced, repaired, or rebuilt, the subject structure must be
brought into compliance with the amended ordinance.
CSA REVIEW
The proposed ordinance amendment is exempt from California Environmental Quality
Act (CEQA) pursuant to "general exemptions" described in Section 15061 (b) (3) of the
CEQA Guidelines, since the ordinance amendment would not have any significant effects
on the environment.
ATTACHMENTS
I. Proposed amendments to the Zoning Ordinance, Section 10-10-1.507 (Fences, walls, gates
and columns)
2. Request from Open Space Committee dated September 17, 2009
3. Los Altos Hills Municipal Code Section 10-1.401 (Non Conforming Structures)
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
AMENDING SECTION 10-1.507.d OF THE MUNICIPAL CODE WITH REGARD TO
FENCES, WALLS, GATES, AND COLUMNS
WHEREAS, Points, spikes, and/or sharpened edges on the top and/or bottom of a fence,
wall, and gate may cause harm to people, pets and/or wildlife:
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does ORDAIN
as follows:
1. AMENDMENT OF CODE. Section 10-1.507.d of Article 5 (Fences, walls, gates,
and Columns) of Chapter 1 (Zoning) of Title 10 (Zoning and Site Development) of the Los Altos
Hills Municipal Code is hereby amended to read as follows:
10-1.507 Fences, walls, gates and columns
(a) Purpose. The following regulations were created to preserve the beauty and open rural
quality of the Town while acknowledging that residents have the right to fence their properties in
order to protect their children, contain their animals, and maintain privacy.
(b) Permits Required. No fence, wall, gate, or column structure shall be erected or replaced
without the prior issuance of a Zoning or Site Development Permit from the Town.
(c) Definitions. The following definitions are established for the purpose of this article and the
meaning and construction of words and phrases is as follows:
Column means a round or square pillar, pole, or post flanking an entranceway constructed of
such materials as brick, stone, concrete, or other materials. Includes mailbox columns.
Fence means a structure serving as a barrier or screen constructed of wood, metal, wire,
masonry, glass, plastic or any other material (not including graded berms or living hedges).
Gate means a movable frame or solid structure that swings, slides, or rolls controlling ingress
and egress through an opening in a fence, wall, or vegetation.
Legal nonconforming structure (Refer to Section 10-1.401(h) of the Zoning Ordinance.)
Open fence or gate means a fence or gate constructed in such a way so that no. more than
fifty (50) percent of the surface area obstructs a ground level view through the fence or gate.
Points, spikes, and/or sharpened edges means any end of a vertical bar that is capable of
causing, or is likely to cause injury to people, pets, and/or wildlife.
Solid fence or gate means a fence or gate constructed in such a way so that more than fifty
(50) percent of the surface area obstructs a ground level view through the fence or gate.
Wall means an upright structure of wood, stone, brick, or other substance or combination of
substances serving to enclose, divide, support and usually having greater mass than a fence.
(d) Prohibited Fences, Walls, Gates, and Column Types. The following fences are prohibited:
1. Chain-link or cyclone fences, including any fence with bare lengths of wire stretched
between metal poles, with the exception of dark green, black, or brown vinyl -coated
chain -linked fences with matching vinyl -coated cross bars and caps.
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2. Barbed or razor wire fences, including any fence with attached barbs, sharp points, or
razors. Electric fences, including any fence designed to produce an electric shock, except
where necessary for animal husbandry operations.
3. Any fence, wall, and/or gate that may cause harm to people, pets, and/or wildlife due to
points, spikes, or sharpened edges on the top or bottom part of the fence, wall structure
and/or gates.
4. Any perimeter fence, wall, gate, or column where the color reflectivity value exceeds
fifty (50) percent.
5. Any fence, wall, gate, or column located within a public or private road right-of-way or
pathway easement except for a mailbox column with an approved permit.
(e) Fences, Walls, Gates and Columns Requiring Public Notice. Permit requests for the types
of fences, walls, gates and columns identified below require notification of adjacent
neighbors and neighbors across the street:
1. Fences, walls, gates and columns that require the removal of existing screening
vegetation (trees and shrubs).
2. Solid fences that impact neighbor views as defined by Section 5-9.02 of this Code.
3. Any other proposal deemed appropriate by the Planning Director for a noticed hearing.
Such proposals may include solid fences, as well as walls or vinyl -coated chain-link
fences along any road right-of-way, and fences or walls longer than one thousand (1,000)
linear feet.
Open fences using natural materials and colors, including unpainted and stained white, brown or
gray wood; welded or woven wire and wood posts; and natural stone and/or brick construction
are preferred and generally not subject to public notice.
Staff shall notice a permit hearing and conduct the permit review hearing pursuant to Section 10-
2.1305(b) except that only adjacent neighbors and neighbors across the street need to be notified.
At or prior to the permit hearing, neighbors and the fence permit applicant shall be provided with
notice that the approval or denial of any permit may be appealed pursuant to Section 10-1.1009.
(f) Development Standards for Fences, Walls, Gates and Columns.
1. Fences and walls located on property lines or in setback areas that are not adjacent to a
road right-of-way shall not exceed a maximum height of six (6) feet.
2. Fences and walls located in setback areas that are adjacent to a road right-of-way shall
comply with the standards established in subsections 4 through 9. Height may be
proportionately increased one foot for every ten (10) foot increase in setback, up to a
maximum of six (6) feet in height.
3. Fences, walls, gates and columns located behind setback lines are not subject to these
development standards.
4. Open Fences and Gates.
i. Minimum setback from centerline of adjacent public or private road right-of-
way: thirty (30) feet.
ii. Maximum height of open fences and gates at the minimum setback from the
centerline of adjacent public or private road right-of-way: four and one-half
(4.5) feet.
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iii. Maximum height of open fences and gates at the minimum setback from the
centerline of adjacent public or private road right-of-way: four and one-half
(4.5) feet.
iv. Minimum setback from centerline of adjacent public or private road right-of-
way for six (6) feet tall open fences and gates located between adjacent public
or private roadways and the structural setback line for the particular property:
forty-five (45) feet.
(4) Open Fences
5. Solid Fences, Gates and Walls.
i. Minimum setback from centerline of adjacent public or private road right-of-
way: thirty (30) feet.
ii. Maximum height of solid fences, gates, and walls at the minimum setback
from the centerline of adjacent public or private road right-of-way: three (3)
feet.
iii. Minimum setback from centerline of adjacent public or private road right-of-
way for six (6) tall solid fences, gates, and walls located between adjacent
public or private roadways and the structural setback line for the particular
property: sixty (60) feet.
(�) Solid Fences, Gates, -and Wails
6. Open Driveway Gates.
Minimum setback from centerline of adjacent public or private road right-of-
way: thirty (30) feet.
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ii. Maximum height of open driveway gates at the minimum setback from the
centerline of adjacent public or private road right-of-way: four and one-half
(4.5) feet (average).
iii. Minimum setback from centerline.of adjacent public or private road right-of-
way for open driveway gates with a six (6) feet average height (seven (7) feet
maximum height) located between adjacent public or private roadways and the
structural setback line for the particular property: forty-five (45) feet.
7' Max Height
(6) Open Driveway Gates
7. Columns.
-age
i. Minimum setback from centerline of adjacent public or private road right-of-
way: thirty (30) feet.
ii. Maximum height of columns at the minimum setback from the centerline of
adjacent public or private road right-of-way: six (6) feet; seven (7) feet (with
lights).
iii. Maximum height of columns located between adjacent public or private road
right-of-way and the structural setback line for the particular property: six (6)
feet; seven (7) feet (with lights).
fpr a fight f xtum Th= gala: maxim=
Height for the columnl tight is 7 feet.
(7) Columns
hw ght
8. Outdoor Athletic Court Fencing. Maximum height of outdoor athletic court fencing
located beyond the structural setback line for the particular property: ten (10) feet.
9. Open Space/Conservation Easement Perimeter Fences.
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i. Maximum height of open space/conservation easement perimeter fences: six
(6) feet.
ii. Minimum distance of lowest fence strand or rail from ground: twelve (12)
inches above grade.
iii. Open space/conservation easement perimeter fences shall provide openings
sufficient to accommodate the free passage of wildlife through the easement. A
split -rail wood fence (see exhibit) or equivalent design shall be required.
Where a pathway is located within an open space/conservation easement, the
perimeter fence shall be required to have at least two (2) openings at least as
wide as the width of the pathway easement.
Woo
1.,.. * .
(4) Qpen.space(consm. ation easement
perimeter fencing.
10. Any fence crossing or intersecting an officially designated wildlife corridor shall conform
to the requirements specified above for an open space/conservation easement perimeter
fence.
11. No fence, wall, gate, or column shall be located within a public or private road right-of-
way or pathway easement. A four (4) foot tall mailbox post or column may be granted an
exception to be located within a road right-of-way. An encroachment permit from the
Engineering Department is required to install a mailbox post or column within a road
right-of-way easement. Any existing fence, wall, gate, or column located within any road
right-of-way may be required to be removed at the owner's expense.
12. Solid walls, fences, or gates shall not exceed a maximum height of three (3) feet and all
shrubs and plants shall be pruned to a height not to exceed three (3) feet above the road
level at its nearest point in an area bounded by the center line of intersecting roads or
easements for vehicular access, public or private and a straight line joining points on such
center lines eighty (80) feet distant from their intersection (see figure). All side limbs of
trees in such area shall be pruned to a height of not less than six (6) feet above the road
surface. The purpose of the provisions of this section is to provide an unobstructed view
of approaching traffic on the intersecting roads. The City Engineer may prescribe greater
restrictions than the height set forth in this subsection where unusual conditions make
such additional restrictions desirable in the interests of the public safety.
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13. Any fence or wall may be required to be landscaped. Screen plantings required as a
condition of approval for any fence or wall shall be maintained in good condition by the
property owner.
14. The vertical dimension of any fence, wall, gate, or column shall be measured from the
finished grade on both sides of any such fence, wall, gate, or column to any point on top
of the fence, wall, gate, or column, including post/column caps and any ornamental
features.
(g)Requirements for Nonconforming Fences, Walls, Gates and Columns. Replacement of
existing legal nonconforming fences, walls, gates, and columns shall be subject to the
requirements in this section. Exceptions may be granted pursuant to subsection (h) of this
section, or where the strict application of these requirements will result in a hardship for the
property owner. Repair of short sections of legal nonconforming fences, walls, gates, or
columns (repair of less than fifty (50) feet or repair of no greater than twenty-five (25) percent
of total fence or wall length) will not require a permit if no other work is done on the same
structure over a twelve (12) month period. The replacement of any nonconforming structure
shall be prohibited if the City Engineer determines that a public safety hazard exists or that the
structure encroaches in an easement or public right-of-way. Any fence, wall, gate, or column
constructed without a lawfully issued permit is a violation of the Municipal Code and shall be
subject to the provisions of Title 1, Chapter 2 of the Municipal Code.
H. Exceptions. Exceptions may be granted subject to a noticed hearing and upon the Site
Development Authority making all of the following findings:
1. The height and design of the proposed fence, wall, gate or column are compatible with
other fences in the neighborhood;
2. The proposed removal of vegetation and trees and disturbance to natural terrain have
been minimized; and
3. The proposed structure is otherwise in compliance with all regulations and policies set
forth in the Municipal Code and the General Plan.
Any fence proposed to exceed a height of six (6) feet in a setback area or to be located closer to
the centerline of the road than required shall require a variance in accordance with the provisions
of Article 10 of the Zoning Ordinance.
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INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
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Dean Warshawsky, Mayor
Attaclunent 2
To: City Council of Los Altos Hills
From: Los Altos Fulls Open Space Committee
Date: September 17, 2009
Subject: Spiked Fence Ordinance
RECOMMENDED ACTION
It is the opinion of the Open Space Committee that residents can be unaware of the
dangers of spiked fences for humans, pets, and wildlife, and that it is in the interest
of the Town to assure that only safe fencing is permitted to be installed.
Accordingly, the Los Altos Hills Open Space Committee proposes the following
addition to the current Fencing Regulations ordinance:
Fencing and gates shall be constructed without the use of points, spikes or
other materials hazardousto wildlife, people or pets. `Points and spikes' shall
mean any end of a vertical bar that is capable of causing, or is likely to cause,
injury to people, pets, or wildlife.
REASONS FOR RECOMMENDATION
We believe this proposal is consistent with Program 1.2 of the Land Use Element of
the Town's 2007 General Plan:
"Continue to implement the Town's Zoning Ordinance, Site Development
Ordinance, Subdivision Ordinance, and related policies and procedures.
Review and update these regulations as needed to ensure that development
occurs in a manner compatible with the Town's semi -rural character and its
natural environment. "
• Installation of wrought iron fencing with spiked tops is on the rise in Los Altos
Hills.
• Wildlife (in particular, deer) can become impaled on spiked fences when trying
to jump this type of fence. Animal Control in Palo Alto and San Mateo report
several deaths annually due to impalement. Marin County Animal Control
reports the same. One such graphic incident occurred recently here in the Town
on Via Ventana, where the animal was found dead hanging from the spiked
fence.
• Other communities (e.g., Saratoga, Duarte, Monrovia, South Lake Tahoe) either
have or are working on ordinances to ban spiked fences.
• There are numerous alternative -design wrought -iron fences with safe top rails
that do not adversely impact wildlife.
ATTACHMENT
- Photos of Fencing With Spiked Tops and Safe Top Rails
Los Altos Hills Open Space Committee 1 17 Sept 2009
linnnnnni:
:10-1.401 Nonconfo=*ng structures. :
Attachment 3
Los Altos illus i uni"eipai Coda
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Title 10 ZONING AND SITE DEVELOPMENT
Chapter 1 ZONING
Article 4. Nonconforming Uses and Structures
10-1.401 Nonconforming structures.
(a) Damaged or Destroyed Structures. The provisions of this chapter shall not prevent the reconstruction,
repairing, or rebuilding of any legal nonconforming structure which has been damaged or destroyed by
natural disaster, including but not limited to earthquake, fire and flood, so long as the reconstruction, repair
or rebuilding does not result in an increase in the nonconformity or change of use that existed prior to the
damage or reconstruction.
(b) Less Than Substantially Rebuilt Structures. The provisions of this chapter shall not prevent the
reconstruction, repairing, or rebuilding of any legal nonconforming structure which will be voluntarily
altered such that not more than fifty (50) percent of the nonconforming portion of the structure's floor area
and not more than fifty (50) percent of the nonconforming exterior walls are rebuilt, either as a single
project or cumulatively over time, so long as the reconstruction, repair or rebuilding does not result in an
increase in the nonconformity or change of use that existed prior to the reconstruction. The structure
dimensions, square footage and use prior to demolition must be submitted to and verified by the Planning
Director at the time of issuance of a demolition permit or site development permit, whichever occurs first.
(c) Substantially Rebuilt Structures. The provisions of this chapter shall not prevent the reconstruction,
repairing, or rebuilding of any legal nonconforming structure which will be voluntarily altered such that
more than fifty (50) percent of the nonconforming portion of the structure's floor area or more than fifty
(50) percent of the nonconforming exterior walls are rebuilt, subject to the limitations outlined in
subsection (b), unless the Planning Commission finds that: (1) the structure could be relocated elsewhere on
the site, accommodating the same square footage and development area existing previously without
substantial environmental damage, and (2) relocation of the structure would substantially reduce adverse
visual or privacy impacts to neighbors or to the general public.
(d) Development Area and Floor Area. The provisions of this chapter shall not prevent the reconstruction,
repair or rebuilding of the amount of legal nonconforming development area or floor area (in excess of the
area allowed by Sections 10-1.502 and 10-1.503, respectively, of the Zoning Code), provided that the
reconstruction, repair or rebuilding does not result in an increase in the nonconformity or change of use that
existed prior to the reconstruction. Development area and floor area location, square footage and use prior
to demolition must be submitted to and verified by the Planning Director at the time of issuance of a
demolition permit or site development permit, whichever occurs first.
(e) Time limit for approval. If pursuant to reconstruction, repair or rebuilding under subsections (b)
through (d) above, a complete application for a site development permit or building permit is not submitted
prior to one year after the date the structure or portion thereof was demolished, or not later than two (2)
years after demolition in the case of damaged or destroyed structures addressed in subsection (a), any new
construction must meet all of the then current Zoning Code provisions. The City Council may, at its
discretion, authorize an extension of time for submittal of an application, upon written request by the
applicant prior to the expiration of the prescribed time limit.
(f) Height. Notwithstanding the above provisions (b), (c) and (d), no legal nonconforming structure or
portion thereof shall be voluntarily demolished and/or altered to result in a building height in excess of that
permitted by this chapter, unless the Planning Commission finds that such height is appropriate due to the
historic nature of the structure.
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10-1.401 Nonconforming structures.
Page 2 of 2
(g) Additions to nonconforming structures. Any addition to a legal nonconforming structure shall comply
with all provisions of this chapter, except that the Planning Director may approve additions not to exceed
one hundred fifty (150) square feet in area to be located within a setback, if the Director finds that: (1) the
encroachment would be a continuation of an existing encroaching building edge, (2) the addition would
encroach no closer to the property line than the adjacent building edge, (3) the addition would be limited to
one story, not to exceed nineteen (19) feet in height, (4) the addition is desirable in order to provide
architectural consistency with the remainder of the structure, (5) the addition would have no adverse visual
or privacy impacts on neighbors or the general public; and (6) the addition would be consistent with floor
area and development area limitations of the Zoning Code.
(h) Legal Nonconforming Structure. For the purposes of this section, a legal nonconforming structure is
one which was legally permitted at the time it was constructed, or legally permitted by an approved
variance but which does not comply with one or more of the Town's current Zoning Code provisions.
(i) Increase in Nonconformity. An increase in nonconformity will occur when any nonconforming
structure or portion thereof is altered to increase the footprint, volume or height, or to further exceed
maximum development area or floor area, or to increase the extent of encroachment into a setback or to
propose an encroachment or excess development area in a different location than previously existed.
0) Change of Use. A change of use means conversion of a non -habitable structure (such as garages,
carports, barns/stables, or storage) to residential uses (main residence, secondary dwelling, pool house,
etc.), or the conversion of an outdoor use area (walkway, patio) to a more intensive use (swimming pool,
tennis court). Change of use is only relevant to setback nonconformities. Change of use to a less intensive
use may be permitted by the Planning Director.
(k) Variances. Nothing in this section is intended to prohibit a property owner from seeking, or the
Planning Commission and City Council from granting, a variance pursuant to the appropriate provisions of
the Zoning Code. (§ 1, Ord. 305, eff. October 3, 1986; § 1, Ord. 344, eff. May 17, 1991; § 1, Ord. 345, eff.
April 17, 1991; § 1, Ord. 387, eff. August 1, 1997)
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