HomeMy WebLinkAbout5.3Item 5.3
TOWN OF LOS ALTOS HILLS July 19, 2012
Staff Report to the Planning Commission
SUBJECT: A REQUEST FOR A FENCE PERMIT AND EXCEPTION TO
REPLACE A SIX (6) FOOT TALL SOLID WOOD FENCE WITH A
REDUCED SETBACK OF 30 FEET FROM THE CENTERLINE OF
FREMONT ROAD. LANDS OF SITYU; 26200 CATHARINE COURT;
FILE #145-12-ZP. ✓
FROM: Brian Froelich, AICP, Associate Planner]�Y
APPROVED: Debbie Pedro, AICP, Planning Director
RECOMMENDATION: That the Planning Commission:
Approve the•proposed Fence Exception citing the recommended findings in Attachment
#1.
Or;
Make findings for denial and require the applicant to install a fence compliant with the
Fence Ordinance.
BACKGROUND
The subject. property is a corner lot with three frontages (Catharine Court, Donelson
Place, and Fremont Road). The applicant proposes to install a replacement six (6) foot tall
wood fence along the rear property line along Fremont Road (30 feet from the
centerline). Catharine Court, Donelson Place, and Fremont Road are all public roads.
Fremont Road has a 60 foot wide right-of-way while Catharine Court and Donelson Place
have 40 foot wide right-of-ways.
The property is lot #25 of a 25 lot subdivision known as Tract #6112 that was approved
by the City Council on September 21, 1977. Town records show that a wood fence was
installed by the developer as required by the Town for all lots in the subdivision with
frontage on Fremont Road.
According to the owner, the prior fence had deteriorated over time and had blown down
recently. The owner then removed nearly all portions of the fence along the Fremont
Road frontage and was in the process of installing a new fence when a Stop Work Notice
was issued on June 12, 2012. The owner subsequently filed an application for the subject
Fence Exception on June 18, 2012.
Planning Commission
Lands of Shyu
July 19, 2012
Page 2
K t t ; • i 171=400
Section 10-1.507 of the Municipal Code regulates fence type, height, and location for all
properties in Town (Attachment #3). This proposal is being referred to the Planning
Commission for review per Section 10-1.507 (h) of the Zoning Ordinance. The Planning
Commission must make findings for the Exception in order to approve the project.
Recommended findings for approval have been prepared for the Commission's review
(Attachment #1).
DISCUSSION
Fence
The Fence Ordinance allows for replacement of 50 feet or no greater than 25% of a legal
nonconforming fence without any Town approval. In this case, the requested replacement
fencing is approximately 150 linear feet and over 75% of the nonconforming fence on the
property.
The Town's Fence Ordinance includes a graduated height to setback ratio for solid fences
as follows:
• 3 foot tall at 30 feet from centerline of right of way
• 4 foot tall at 40 feet from centerline of right of way
• 5 foot tall at 50 feet from centerline of right of way
• 6 foot tall at 60 feet from centerline of right of way
The proposal constitutes an Exception of three (3) feet in height for a six (6) foot tall
solid fence at 30 feet from the centerline of the right of way. A compliant fence in the
proposed location could be either a three (3) foot tall solid fence or a four (4) foot six (6)
inch tall open style fence.
General Plan
The Circulation Element classifies Fremont Road along.with Arastradero Road, Page
Mill Road, and Moody Road as Collector streets. These streets connect neighborhoods to
freeways and expressways and generally have fewer driveway accesses. Collector roads
can carry up to 10,000 daily vehicle trips.
The Circulation Element further states the following regarding rights of way:
"Develop and maintain corridors for travel through Town in which the user can
enjoy and view the natural environment and open spaces thatprovide a buffer from
adjacent land uses" (Pg. 4)
"Spacious rights of way wide enough so that trees and shrubs can provide a
substantial buffer between the roadway and paths and between the paths and
Planning Commission
Lands of Shya
July 19, 2012
Page 3
adjacent properties. The resulting corridor should be pleasing and safe for both
vehicular and non -vehicular travel. " (Pg. 13)
The Fremont Road frontage has an 18 foot wide dirt and gravel shoulder that
accommodates a Pathway.
Neighborhood Fences
The subject property is one of nine (9) contiguous properties that currently maintain the
original legal nonconforming, six (6) foot tall wood fence at 30 feet from the Fremont
Road centerline. These wood fences were installed by the subdivider as required by the
Town in 1977.
This neighborhood includes three. (3) non-residential uses, Town Hall, Pinewood School,
and Purissima-Bullis School.
There are 72 residential properties in total located along Fremont Road from Edith Road
to Arastradero Road. A total of 42 properties have side or rear yard frontage on Fremont
Road (approximately 58%), including the nine (9) lots within Tract 6112.
Exception
The Town's Fence Ordinance Section 10-1.507(h) allows for Exceptions to the typical
standards if the following findings can be made:
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.
Findings for approval can be found in Attachment #2.
Trees & Landscaping
No vegetation removal is proposed.
ENVIRONMENTAL CLEARANCE (CEQA)
The proposed project is categorically exempt from the provisions of the California
Environmental Quality Act by Section 15303 (e).
Planning Commission
Lands of Shyu
July 19, 2012
Page 4
ATTACHMENTS
1. Recommended conditions of approval
2. Recommended Fence Exception findings of approval
3. Fence Ordinance
4. Fence Plan
Planning Commission
Lands of Shyu
July 19, 2012
Page 5
ATTACHMENT 1
RECOMMENDED CONDITIONS FOR A FENCE PERMIT AND EXCEPTION
LANDS OF SITYU, 26200 CATHARINE COURT
File #145-12-ZP
1. The fence shall be constructed according to the plans stamped "approved' for a
six (6) foot tall wood fence at 30 feet from the centerline of Fremont Road.
2. Any changes to the location, height, or construction shall first be reviewed and
approved by the Site Development Authority.
3. The property owner is responsible for confirming all property line and easement
locations and verifying that new installations are located within the property
boundaries.
4. The property owner is advised to call 811/1-800-227-2600 for an Underground
Service Alert to mark all utilities, at least two days prior to any post hole digging.
5. No lighting is approved with this permit.
Planning Commission
Lands of Shyu
July 19, 2012
Page 6
ATTACHMENT 2
RECOMMENDED FINDINGS FOR APPROVAL OF A FENCE EXCEPTION
LANDS OF SITYU — 26200 CATHARINE COURT
File #145-12-ZP
1. The height and design of the proposed fence, wall, gate or column are
compatible with other fences in the neighborhood;
The proposed fence matches the height, location, and materials of existing
fences on nine (9) neighboring and contiguous properties. The fence was
installed by the subdivider as required by the Town in 1977. All similarly
fenced neighboring properties have solid, six (6) foot tall fences along their
rear or side property lines along Fremont Road.
Fremont Road carries a high traffic volume. Further, the subject lot is in
proximity to three (3) non-residential uses, Town Hall, Pinewood School, and
Purissima-Bullis School. Approval of the requested fence replacement will
allow the owner to continue the same level of privacy and use of the rear yard.
2. The proposed removal of vegetation and trees and disturbance to natural
terrain have been minimized; and
The subject fence is a replacement fence and requires no significant
vegetation removal.
3. The proposed structure is otherwise in compliance with all regulations and
policies setforth in the Municipal Code and the General Plan.
The proposed location of 30 feet from the centerline is an allowable location
for fences per the Fence Ordinance. The General Plan and Municipal Code
describe a buffer area capable of accommodating Pathways and landscaping.
The proposal will not affect the existing Pathway on Fremont Road and an 18
foot shoulder is enough space to accommodate vegetation and provides an
adequate "open feeP.
Attachment 3
Los Altos Hills Municipal Code
Title 10 -Zoning
Section 10-1.507. Fences, Walls, Gates, and Columns.
a. Purpose. The following regulations were created to preserve the beauty and open rural
quality of the Town while acknowledging that .residents have the right to fence their
properties in order to protect their children, contain their animals, and maintain privacy.
b. Permits required. No fence, wall, gate, or column structure shall be erected or replaced
without the prior issuance of a zoning or site development permit from the Town.
C. Definitions. The following definitions are established for the purpose of this Article and
the meaning and construction of words and phrases is as follows:
Legal Nonconforming Structure: Refer to Section 10-1.401(h) of the Zoning Ordinance.
Column: A round or square pillar, pole, or post flanking an entrance way constructed of such
materials as brick, stone, concrete, or other materials. Includes mailbox columns.
Wall: An 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.
Fence: A structure serving as a barrier or screen constructed of wood, metal, wire, masonry,
glass, plastic or any other material (not including graded berms or living hedges).
Gate: A movable frame or solid structure that swings, slides, or rolls controlling ingress and
egress through an opening in a fence, wall, or vegetation.
Open Fence or Gate: A fence or gate constructed in such a way so that no more than fifty (50%)
percent of the surface area obstructs a ground level view through the fence or gate.
Solid Fence or Gate: A fence or gate constructed in such a way so that more than fifty (50%)
percent of the surface area obstructs a ground level view through the fence .or gate.
d. ' Prohibited fences, walls, gates, columns types. The following fences are prohibited:
1. Chain-link or cyclone fences, including any fence with bare lengths of wire
stretched between metal poles, with the exception of dark green, black, or brown
vinyl -coated chain-link fences with matching vinyl -coated cross bars and caps.
2. Barbed or razor wire fences, including any fence with attached barbs, sharp points,
or razors.
Fences and Walls
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.
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.
C. Fences, Walls, Gates, and Columns Requiring Public Notice. Permit requests for the types
of fences, walls, gates and columns identified below require notification of adjacent
neighbors and neighbors across the street:
(1) Fences, walls, gates and columns that require the removal of existing screening
vegetation (trees and shrubs).
(2) Solid fences that impact neighbor views as defined by Section 5-9.02 of the View
Ordinance.
(3) Any other proposal deemed appropriate by the Planning Director for a noticed
hearing. Such proposals may include solid fences, as well as walls or vinyl -coated
chain-link fences along any road right-of-way, and fences or walls longer than 1,000
linear feet.
Open fences using natural materials and colors, including unpainted or stained white, brown or
gray wood; welded or woven wire and wood posts; and natural stone and/or brick construction
are preferred and generally are not subject to public notice.
Staff shall notice a permit hearing and conduct the permit review hearing pursuant to Section 10-
2.1305(b) except that only adjacent neighbors and neighbors across the street need to be notified.
At or prior to the permit hearing, neighbors and the fence permit applicant shall be provided with
notice that the approval or denial of any permit may be appealed pursuant to Section 10-1.1109.
f. Development Standards for Fences, Walls, Gates, and Columns.
1. Fences and walls located on property lines or in setback areas that are not adjacent to
a road right-of-way shall not exceed a maximum height of 6 feet.
2. Fences and walls "located in setback areas that are adjacent to a road right-of-way
shall comply with the standards established in subsections (4) through (9). Height
may be proportionately increased 1 foot for every 10 -foot increase in setback, up to a
maximum of 6 feet in height.
Fences and Walls
3. Fences, walls, gates, and columns located behind setback lines are not subject to these
development standards.
4112' High
Centerline of Road
Right of Way
3V
(4) Open Fences
T Hlgh
Centerline of Road
Right of Way
3V
(5) Solid Fences, Gates, and Walls
4 OPEN FENCES AND GATES
Minimum setback from centerline of adjacent
30'
public or private road right-of-way.
Maximum height of open fences and gates at the
4 %z'
minimum setback from the centerline of adjacent
public or private road right-of-way.
60'
Maximum height of open fences and gates at the
4%Z'
minimum setback from the denterline of adjacent
public or private road right-of-way.
Minimum setback from centerline of adjacent
45'
public or private road right-of-way for 6' tall
open fences and gates located between adjacent
public or private roadways and the structural
setback Iine for the particular property.
5 SOLID FENCES, GATES, AND WALLS
Minimum setback from centerline of adjacent
public or private road right-of-way.
30'
Maximum height of solid fences, gates, and walls
at the minimum setback from the centerline of
adjacent public or private road right-of-way.
3'
Minimum setback from centerline of adjacent
public or private road right-of-way for 6' tall
solid fences, gates, and walls located between
adjacent public or private roadways and the
structural setback line for the particular property.
60'
7' Max Height
(6) Open Driveway Gates
fora right fixture. The total maximum
height for the column & light is 7 feet.
(7) Columns
ix height
•agt
(6) OPEN DRIVEWAY GATES
Minimum setback from centerline of
30'
adjacent public or private road right-of-way.
way.
Maximum height of open driveway gates at
41/Z'
the minimum setback from the centerline of
(average)
adjacent public or private road right-of-way.
7' (whights)
adjacent public or private road right-of-
Minimum setback from centerline of
adjacent public or private road right-of-way
45'
for open driveway gates with a 6' average
6'
height (7' maximum height) located
7' (w/lights)
between adjacent public or private roadways
and the structural setback line for the
particular property.
COLUMNS
Minimum setback from centerline of
30'
adjacent public or private road right-of-
way.
Maximum height of columns at the
6'
minimum setback from the centerline of
7' (whights)
adjacent public or private road right-of-
way.
Maximum height of columns located
6'
between adjacent public or private road
7' (w/lights)
right-of-way and the structural setback line
for the particular property.
8 OUTDOOR ATHLETIC COURT FENCING
Maximum height of outdoor athletic court fencing located beyond the
structural setback line for the particular property.
10'
9 OPEN SPACE/CONSERVATION EASEMENT PERIMETER FENCES
Maximum height of open space/conservation easement perimeter 6'
fences.
Minimum distance of lowest fence strand or rail from ground. 12" above grade
Open space/conservation easement perimeter fences
shall provide openings sufficient to 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
WOOD
WE
ry; orf • ! ?L. n•..
9) Open space/conservation easement
perimeter fencing
Fences and Walls
fence shall be required to have at least two openings at least as wide as the width of the pathway
easement.
10. Any fence crossing or intersecting an officially designated wildlife corridor shall conform to
the requirements specified above for an open space/conservation easement perimeter fence.
11. No fence, wall, gate, or column shall be located within a public or private road right-of-way
or pathway easement. A four -foot (4') tall mailbox post or column may be granted an
exception to be located within a road right-of-way. An encroachment permit from the
Engineering Department is required to install a mailbox post or column within a road
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
eo' eighty (80') feet distant from their intersection (see exhibit).
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
eo' purpose of the provisions of this section is to provide an
unobstructed view of approaching traffic on the intersecting
73FeetHigh Max roads. The City Engineer may prescribe greater restrictions
than the height set forth in this paragraph where unusual
conditions make such additional restrictions desirable in the interests of the public safety.
13. Any fence or wall may be required to be landscaped. Screen plantings required as a
condition of approval for any fence or wall shall be maintained in good condition by the
property owner.
14. The vertical dimension of any fence, wall, gate, or column shall be measured from the
finished grade on both sides of any such fence, wall, gate, or column to any point on top of
the fence, wall, gate, or column, including post/column caps and any ornamental features.
g. Requirements for Nonconforming Fences, Walls, Gates, and Columns.
Replacement of existing legal nonconforming fences, walls, gates, and columns shall be subject
to the requirements in this ordinance. Exceptions may be granted pursuant to subsection 10-
1.507(h) of this ordinance, or where the strict application of .these requirements will result in a
hardship for the property owner. Repair of short sections of legal nonconforming fences, walls,
gates, or columns (repair of less than 50 feet or repair of no greater than 25% of total fence or
wall length) will not require a permit if no other work is done on the same structure over a 12 -
month period. The replacement of any nonconforming structure shall be prohibited if the City
Engineer determines that a public safety hazard exists or that the structure encroaches in an
easement or public right-of-way. Any fence, wall, gate, or column constructed without a
Fences and Walls
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 6 feet in a setback area or to be located closer to the
centerline of the road than required shall require a variance in accordance with the provisions of
Article 11 of the Zoning Ordinance.
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