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COUNTY OF SANTA CRUZ 0725

PLANNING DEPARTMENT701 OCEAN STREET, 4TH FLOOR, SANTA CRUZ, CA 95060

(831)454-2580 FAX:(831)454-2131 TDD:(831)454-2123KATHLEEN MOLLOY PREVISICH, PLANNING DIRECTOR

March 15,2011AGENDA DATE: AprilS, 2011

Board of SupervisorsCounty of Santa Cruz701 Ocean StreetSanta Cruz, CA 95060

Subject: Consider Planning Commission Recommendation to Amend County Code Chapter

13.10 Regarding Regulations for Fences, Walls, and Corner Sight Clearance Triangles inRequired Yards

Members of the Board:

This proposal is part ofthe effort to make changes to the County's land use regulations, whereappropriate, to simplify them, make them easier for the public to understand, and reflect reasonable,reality-based standards, without compromising environmental protection or the quality of the built

environment. The proposed changes wil reduce the cost of most discretionary fence permits, whichunder existing requirements can exceed the cost of the fence itself.

Current Zoning Regulations and Fees

Fence and retaining wall heights are generally limited to three (3) feet in front yards and other yardsabutting a street and to six (6) feet in rear and side yards not abutting a street. Taller fences andretaining walls may be allowed, as shown in the following table.

urrent egu a ions

LocationMaximum Height Maximum Height with a Maximum Height with a Levelwithout permit Level II Permit i V Permit 2

Front yard 3 feet 6 feetHeight limit at the discretionof the Zoning Administrator

Side or Rear Yard3 feet 6 feet

Height limit at the discretionAbutting a Street of the Zoning Administrator

Side or Rear Yard not6 feet N/ A, already at 6 feet

Height limit at the discretionAbutting a Street of the Zoning Administrator

C R i t

The cost of obtaining permits for fences that exceed the maximum allowed height is either a flat fee or afee based on staff time required to process the application and depends on whether a public hearing is

i Level II Development Permit requires submittal of plans, a site visit by staff, and an administrative decision. No public

notice or hearing is required. The Planning Director or her designee hears appeals of staff decisions.2 Level V Development Permit requires submittal of plans, a site visit by staff, and a decision by the Zoning Administrator

(ZA) at a noticed public hearig. The Planning Commission hears appeals of ZA decisions.

. ).~ 44

Proposed Amendments to County Code Chapter 13.10 Regarding Regulationsfor Fences, Walls, and Comer Sight Clearance Triangles in Required YardsBoard of Supervisors Agenda: April 5, 2011

Page2of7

0726

required. For example, for a Level V permit (for a fence over 6 feet tall), which involves a publichearing, a deposit of$3,125.00 is required. Staff time is then charged against that deposit. Generally,depending on the circumstances of a particular application, the cost of obtaining a Level II permit,which does not require a public hearing, is approximately $850.00 and for a Level V permit, the totalfees range from approximately $3,200.00 to approximately $5,000.00.

Building Permits

Generally, building permits are not required for fences not more than 10 feet high, except a buildingpermit is required for concrete and masonry fences more than 6 feet high by the California BuildingCode (County Code Section 12.1 0.315( a)2). Retaining walls require building permits when they retainmore than three feet of material, when they retain a surcharge (such as supporting a parking lot), orwhen they impound certain liquids.

Hedges as Fences

County Code defines a fence as "(a Jny construction of wood, metal, plastic, earh or other materialsobstructing the clear view, but not including a structure as defined herein." A hedge is defined as "(aJnyarrangement of plants or trees obstructing the clear view." Therefore, a hedge is considered to be afence and subject to the fence regulations. Hedges are very difficult to regulate in terms of height. CodeCompliance assigns hedge complaints a very low priority unless there are health and safety issues.Except for comer sight clearance triangles (see discussion below) staff recommends that hedges not besubject to the fence regulations.

Proposed Zoning Regulations and Fees

The proposed regulations for fences and retaining walls are shown in the following table.

Maximum Maximum Height with Maximum Height with a LevelLocation Height without Over-height Fence

iv Permit4Permit Certification3

Front yard inside Urban Services Line3 feet 6 feet As determined by permit process

(USL) and Rural Services Line (RSL)

Front Yard outside USL and RSL 6 feet 8 feet As determined by permit process

Side/Rear Yard Abutting on a Street 6 feet 8 feet As determined by permit process

Side/Rear Yard not Abutting on a Street 8 feet N/ A, already at 8 feet As determined by permit process

The following would be allowed without any discretionary approval in all locations, except for comer sight clearancetriangles:

1. Archways/trellises/pergolas up to 8 feet tall associated with a walkway through a fence and not making up morethan 25% of the length of the fence along the applicable property line.

2. Open decorative features such as lattice that do not exceed the maximum fence heights by more than 6 inches.For a side-by-side comparison ofthe existing and the proposed fence height tables, see Attachment 4.

3 A proposed discretionar, administrative permit requiring simple plans, no public notification, staff decision appealable to

the Planning Director, with fees of about $300.00.4 Existing Level iv permit applications require plans, a site visit, notification to neighbors within 300 feet (but not public

hearing), and a staff decision that is appealable to the Planning Director. Fees would total approximately $2,000.00.

44


Page 3 on

0727

Maximum Height with Over-height Fence Certification

As shown in the third column of the previous table, fences could exceed the maximum height with aproposed over-height fence certification. This is a new permit category and is envisioned to be similarto the level of review currently used to certify that adequate parking exists when a new mobile home isproposed in a mobile home park. An over-height fence certification would be an administrative levelapproval that requires approval of a very basic plan and is proposed to cost approximately $300.00.This proposed new fee wil be included in the Unified Fee Schedule as part of the upcoming budget.Staffs recommended $300.00 fee is based on a review of the benefits versus the costs for the additionaltime and expense to administer the certification process. This is a basic cost for implementing theprocess and we would revisit the issue of fees if it is determined that staff costs greatly outweigh thebenefits to property owners.

Maximum Height with Level iv Permit

Allowing taller rear and side yard fences would provide greater privacy for ground floor units and allowcreation of interesting fence designs. To exceed the maximum heights allowed by an over-height fencecertification, a Level iv review is proposed. This is an existing level of review that requires plans, a sitevisit, and notification of neighbors within 300 feet. There is no public hearing and the decision on theapplication is administrative, made by staff, and is appealable to the Planning Director. The cost of thistype of permit is based on staff time to process an application and we estimate it typically would costapproximately $2,000.00.

Features Not Needing Discretionary Approval

Two types of common featues associated with fences would be allowed without any discretionaryapproval (however, depending on the circumstances, a building permit could still be required). Thesetwo features are archways/trellises/pergolas associated with a walkway through a fence and openarchitectural, decorative, and ornamental features such as lattice on top of a fence. These features areoften conceived of as simply add-on elements or decorations that do not have to meet any particularrequirements. It is not unreasonable to allow these features, with limits, without the need for adiscretionary permit.

The proposed ordinance would allow archways/trellises/pergolas up to eight feet tall without adiscretionary permit, if they act as decorative design elements associated with a walkway opening in afence, provided their length is not more than 25 percent of the entire fence length along the applicableproperty line

The proposed ordinance would also allow similar features such as lattice to exceed the fence heightmaximums by as much as six inches without the cost or time required to process a discretionary permit.

Neither feature would be allowed in a comer sight clearance triangle.

~ 44


Page 4 of7

0728

Fences in Agrcultural Zone Districts

The proposed amendment of Section 13.10.525 would delete the language about fences in agrculturalzone districts, which currently allows fences up to six feet in height in all yards without a discretionarypermit if the fence is a typical wire field fence or is a typical wooden corral fence with horizontal boardsspaced one foot or more apar. The proposed changes to the maximum-allowed fence heights wouldobviate the need for specifically calling out agrcultural fencing, because fences in front yards outsidethe Urban and Rural Services Lines (where agrcultural zoned parcels are located) would be allowed togo up to six feet without a discretionary approval, and fences in side and rear yards could go up to sixfeet (if abutting a street) or up to eight feet (if not abutting a street) with no discretionary approval.

Front Yards

Fence heights in front yards are more restricted for a variety of reasons, including the need for adequatesight distance for vehicles entering onto roads from other roads or driveways, residents' desire forprivacy and safety of pets and children, and maintaining a harmonious and compatible street appearance.Tall fences constructed of unfinished or raw materials may be inconsistent with a neighborhood'scharacter and not fit in well with the scale and style of development. A three foot height is a typicalheight a driver seated in a car can see over.

Side and Rear Yards

Six-foot tall fences are common in side and rear yards. Often these have an additional two feet oflatticeor decorative material on top ofthe six foot high fence, resulting in a fence that is actually eight feet tall.This is generally accepted by residents as a "normal" side and rear yard fence height. In most cases,these fences do not present any sight distance or other safety issues and are generally acceptable from aland use regulation perspective.

Side and Rear Yards abutting upon a street

Side and rear yards abutting streets present many of the same issues that front yards do, but traffic safetyissues are usually less than with front yards because vehicular maneuvering mostly involves sightdistance to, from, and along front yards.

Side and Read Yards not abutting upon a street

Typically there are no vehicle sight distance and related traffic safety issues for fences in side and rearyards not abutting a street. Here, the issues have to do with providing for privacy screening of theseyard areas and ensuring that light and air of abutting properties are protected from excessively highfences and retaining walls.

Urban vs. Rural

Generally, density, intensity of uses, and traffic are greatest in areas within the Urban Services Line(USL), in areas such as Live Oak and Aptos. These factors are stil relatively high in some smallerphysical areas within the Rural Services Line (RSL), such as in Felton, Ben Lomond, Boulder Creek,

44


Page 5 of7

0729

and La Selva. Areas outside of both the USL and the RSL, such as Bonny Doon, Corralitos, and the restof the rural unincorporated area are generally areas of very low density and intensity.

The proposed changes to the fence/retaining wall regulations differentiate between the more urbanizedareas ofthe County, within the Urban Services Line and the Rural Services Line, where the regulationsare more restrictive, and the rural areas outside of the Urban Services Line and the Rural Services Line,where the regulations are more permissive in terms of the height limits and levels of review. This

reflects the differing density and intensity of uses and traffc in the more urbanized and rural areas.

Comer Sight Clearance Triangle

The proposed amendments would establish and define a comer sight clearance triangle. This is an areaat street intersections and at driveways and alleys within which no structures, fences, landscaping, orother material would be allowed to exceed three feet in height, for visibility purposes. Currently, theDepartment of Public Works Design Criteria Figure ST-3 establishes and defines a "critical trimmingarea" (see Attachment 8). However, that figure addresses only landscaping and not fences or othermateriaL.

Requiring the proposed comer site clearance triangle adjacent to street will balance the need for theCounty to provide for public safety and visibility at street intersections and driveways and enhance theaesthetic conditions of residential and non-residential streets.

The proposed comer sight clearance triangle builds on the Department of Public Works Design Criteriain that it would have the saine dimensions at street intersections (30 feet along each street right-of-way)and would further not allow structures, fences, landscaping, or other material in the triangle to exceedthree feet in height. For driveways and alleys, the comer sight clearance triangle would be 10 feet,recognizing the lesser amount oftraffc at those locations.

An exception to the corner sight clearance triangle regulation is proposed for safety railings as allowedby Section 13.1 0.323( d)5(A). That section applies to parcels that slope steeply down from their accessroad. In those cases, an attached or detached carport that is unenclosed on all sides may be built towithin 5 feet of the front property line or right-of-way edge. That section currently allows open safetyrailings no more than 36 inches tall to be constructed to the property line. Because the CaliforniaBuilding Code requires such safety railings to be 42 inches tall, the proposed amendment would allow42 inch safety railings without a development permit.

Environmental Review

The proposed changes to the fence/retaining wall regulations are exempt from environmental reviewaccording to Section 15061(b)(3) of the Californa Environmental Quality Act (CEQA) Guidelinesbecause CEQA applies only to projects which have the potential for causing a significant effect on theenvironment; where it can be seen with certainty that there is no possibility that the activity may have asignificant effect on the environment, the activity is not subject to CEQA. Further, County CodeChapter 13.10 is part of the County's certified Local Coastal Program and CEQA Guidelines Section15265 states that CEQA does not apply to activities and approvals, pursuant to the California CoastalAct, by a local governent necessary for the preparation and adoption of a local coastal program (thisessentially shifts the burden of environmental review to the Coastal Commission).

44


Page 6 of7

0730

Local Coastal Program Consistency

The proposed ordinance amendments will not result in any impediment to or loss of coastal access. It isunlikely that there would be any negative impacts to public viewsheds within the coastal zone. Outsidethe USL and the RSL, the proposal would allow an additional three feet in height without a permit forfront yard fences and an additional two feet in height without a permit for fences not abutting a street.However, there is relatively little development in the coastal zone that is outside of the USL and RSLand that lies in public viewsheds. In those viewsheds, the potential addition of two to three feet to afence height would be insignificant. The proposed amendments therefore meet the requirements of, andare consistent with, the County's certified Local Coastal Program (LCP) and the California Coastal Act.However, as an amendment to County Code Chapter 13.10, the implementation of the proposedamendments is considered a coastal implementing ordinance and wil therefore require review andcertification by the Coastal Commission subsequent to the Board's action.

Planning Commission Review

The Planng Commission held a public hearng on ths item on March 23,2011. The Commssion'sdiscussion focused on the appropriate height and design for fences in the front yard and street side yardsetbacks, primarly in the urban area. The Commissioners discussed the negative impact that taller fences, andespecially solid and imposing fences, can have on neighborhood feeling and the design character of aneighborhood. The Commission voted to forward a recommendation of approval to your Board with thecondition that solid fences not be allowed in the front yard or street side yards setbacks, County wide. Therewere four votes in favor of the recommendation and one against. The vote against was based on concerns thatany fence greater than thee feet in the front yard may have negative aesthetic impacts on neighborhoods.

Conclusion

In an on-going effort to make the County's land use regulations reflect common practices and makethem easier to understand, use, and apply, the regulations governing fence and retaining wall heights andlocations are proposed to be modified to allow for taller fences, with applications reviewed and acted onin an administrative process with notice to neighbors, but no public hearing. The proposed level ofreview where County approval is required would result in most approvals being less expensive than theycurrently are. A new category of fence review and approval is proposed for certain heights, an Over-height Fence Certification, with an anticipated fee being approximately $300.00.

RECOMMENDATION

It is therefore RECOMMENDED that your Board take the following actions:

1. Conduct a public hearing to consider the proposed changes to the fence regulations;

2. Adopt the attached resolution making findings and certifying the exemption from further review

under the California Environmental Quality Act;

1- 44


Page 7 of7

0731

3. Adopt the proposed ordinance amendments to Chapter 13.10; and

4. Direct Planning staff to submit the proposed changes to the California Coastal Commission forcertification as part of a 2011 coastal round.

Sincerely,

~t~~~~lv.~Planning Director SU N A. MAURIELLO

County Administrative Officer

Attachments:1. Resolution with strike-through ordinance

2. Clean ordinance

3. CEQA Notice of Exemption4. Tables comparng current and proposed fence height regulations5. Planning Commission Resolution

6. Planing Commission Staff Report7. Planing Commission Minutes

8. Department of Public Works Design Criteria Figure ST-3

KP: PL\SG\G:\Board Letters\Pending\4-5-11

44

BEFORE THE BOARD OF SUPERVISORSOF THE COUNTY OF SANTA CRUZ, STATE OF CALIFORNIA

mA~Uftr~fT 1

RESOLUTION NO. 0732

On the motion of Supervisorduly seconded by Supervisorthe following is adopted:

BOARD OF SUPERVISORS RESOLUTION RELATING TO AMENDMENTS TOCHAPTER 13.10 OF THE SANTA CRUZ COUNTY CODE REGARDING FENCE

STANDARDS AND THE REQUIRED REVIEW FOR OVER-HEIGHT FENCES ANDRETAINING WALLS AND REFERRNG THE AMENDMENTS TO THE CALIFORNIA

COASTAL COMMISSION

WHEREAS, the County of Santa Cruz regulates the heights of fences and retaining wallsin the front, side, and rear yard setbacks for the following puroses: 1) to maintain public safetyby ensuring adequate visibility of vehicles entering the street from driveways, and adequate sightdistance from such vehicles, and adequate sight distance at street comers; 2) to ensure adequatelight and air for the street area; 3) to provide for privacy screening of these yard areas; and 4) toensure that light and air of abutting properties are protected from excessively high fences andretaining walls; and

WHEREAS, the County Planing Deparment administers fence and retaining wallregulations through County Code Sections 13.10.323 and 13.10.525; and

WHEREAS, the County of Santa Cruz is conducting on-going regulatory reform effortsto make changes to the County's land use regulations where appropriate to simplify theregulations, establish reasonable reality-based standards, and make the regulations easier for thepublic to understand and for staff to administer; without compromising environmental protectionand the quality of the built environment; and

WHEREAS, the proposed amendments to the fence and retaining wall height regulationswil generally increase allowable fence and retaining wall heights and reduce permit

requirements, resulting in overall reductions in the cost of obtaining permits for fences andretaining walls because the level of review for certain fence and retaining wall permits wil belowered and there will be no permits required for certain fences and retaining walls; and

WHEREAS, the Planning Commission held a duly noticed public hearing on March 23,201 1, and has considered the proposed amendments, and all testimony and evidence received atthe public hearing; and

WHEREAS, the Planning Commission found that the proposed amendments to the SantaCruz County Code wil be consistent with the policies of the General Plan and Local CoastalProgram and other provisions of the County Code; and

WHEREAS, the Planning Commission found that the proposed amendments are exemptfrom further review under the California Environmental Quality Act (CEQA) pursuant to CEQAGuidelines Section 15060( c) in that the proposed amendments will not result in a direct or

44f

Page I of2

reasonably foreseeable indirect physical change in the environment; andArACHMENT 1

WHEREAS, Chapter 13.10 is an implementing ordinance of the Local Coastal Program(LCP) and the proposed amendments to these chapters constitute amendments to the LCP; and 0733

WHEREAS, insofar as the proposed code changes are amendments to the Local CoastalProgram, the application of the proposed amendments in the Coastal Zone is statutorily exemptfrom CEQA review pursuant to CEQA Guidelines Section 15265 and the California PublicResources Code Section 21089.9; and

WHEREAS, the proposed amendments to Chapter 13.10 have been determined to beconsistent with the Coastal Act.

NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the Board ofSupervisors hereby finds that the project is exempt from further review under CEQA and directsstaff to post a Notice of Exemption.

BE IT FURTHER RESOLVED AND ORDERED that the Board of Supervisors herebydirects these amendments be submitted to the State of California Coastal Commission.

PASSED AND ADOPTED by the Board of Supervisors of the County of Santa Cruz,State of California, this day of , 2011 by the followingvote:

AYES:NOES:ABSENT:ABSTAIN:

SUPERVISORSSUPERVISORSSUPERVISORSSUPERVISORS

Chairperson of the Board of SupervisorsATTEST:

Clerk ofthe Board

DISTRIBUTION: County CounselPlanning Department

Page 2 of2 44

ORDINANCE NO. 0734

ORDINANCE AMENDING SECTIONS 13.10.323, 13.10.S2S, AND 13.10.700 OF THESANTA CRUZ COUNTY CODE TO MODIFY THE MAMUM HEIGHT ALLOWED FOR

FENCES AND RETAINING WALLS IN REQUIRED YARDS AND THE REQUIREDLEVEL OF REVIEW FOR OVER-HEIGHT FENCES AND RETAINING WALLS.

The Board of Supervisors of the County of Santa Cruz ordains as follows:

SECTION I

Subdivision (d)5(A) of Section 13.10.323 of the Santa Cruz County Code ishereby amended to read as follows:

(d) Site and Structural Dimensions Exeptions Relating to Parcels.5. Parcels with Steep Slopes.

(A) In all residential zone districts, if the elevation of the lot atapoint 50 feet from the center line of the traveled roadway is 7 feet ormore above or below the elevation of said center line, an attached ordetached carport which (in the interest of public safety) is unenclosedon all sides may be built to within 5 feet of the front propert line oredge of right-of-way of the lot. Open safety railings no more thanfort-two (42) inches in height may be constructed to the property linewithout a development permit.

SECTION II

Section 13.10.525 of the Santa Cruz County Code is hereby amended to read asfollows:

13.10.525 Regulations for fences and retaining walls within required yards(a) The purposes of fence and/or retaining wall regulations for yards abutting

on streets are:1. To ensure adequate visibility of vehicles entering the street fromdriveways, adequate sight distance from such vehicles, and adequatesight distance at street corners.2. To ensure adequate light and air for the street area, and todiscourage structures near the street that may conceal persons with illegalff.3. To preserve a harmonious and compatible street front appearance.

(b) The purposes of fence and/or retaining wall regulations for side and rearyards which do not abut on streets are:1. To provide for privacy screening of these yard areas.

2. To ensure that light and air of abutting properties are protected fromexcessively high man-made structures.

(c) The height regulations for fences and/or retaining walls are:

44 WiIBIT JlPage 1 of6 . ~ ATTACHMENT Ii

1. The height of fences and/or retaining walls is determined as follows:iiaBy measuring the exposed face of the fence and/or wall at itstallest point, from finished grade at the base, to the top of the fence 0735and/or wall, except as provided in (c) 4 and (c) 5 below. including allornamental and architectural projections.(ii)Where a parcel slopes down from a public or private right-of-way,the height of a fence or retaining wall shall be measured from thelowest elevation of the traveled portion of the right-of-way nearest thefence or retaining wall to the top of the fence and/or wall as shown inthe diagram below, except as provided in (c) 4 and (c) 5.

F ence/RetainingWall at propert line --

I Height of

Fencdwall

EB

Finished Grade

Lowest Edge

of traveled way

c= Right-of-way ~:,

B /Height of fence or wall on parcel sloping down from right-of-way

2. Except as specified in Sections 13.10.525(c) 3, and 16.50.095, no

fence and/or retaining 'Nail shall exceed six feet in height if located within arequired side or rear yard not abutting on a street, and no fence, hedge,and/or retaining 'Nail shall exceed three feet in height if located in a frontyard or other yard abutting a street, except that heights up to six feet maybe allowed by a Level ILL Development Permit Approval, and heightsgreater than six feet may be allowed by a Level V Development PermitApprovaL. (See Section 12.10.070(b) for building permit requirements.)3. In agricultural zone districts, fencing for agricultural purposes mayhave heights up to 6 feet in all yards without the need for DevelopmentPermit approval provided that such fencing, including gates, is:

(i) Six feet or less in height;

(ii) Made of wire which is spaced a minimum of 6 inches apart

(Le., typical field fencing); or(iii) Made of horizontally oriented wooden members which arespaced a minimum of one foot apart (Le., typical wooden corralfencing); provided, heivever, that a Development Permit approvalshall be required for this type of fencing on all properties adjacentto State Route (High way One).

:. .."jl¡j~nr,i;'"i,I'.~ilUu¿1l8

Page 2 of6 ~~ ~.i~ ,44

iv. If a Coastal Development Permit is required, i. iii. do notapply and a Coastal Development Permit is required to exceed theheight limit.

4. An exemption from a Development Permit requirement for agriculturalfencing does not exempt neil. such fencing; including gates, from CoastalZone Permit requirements as specified in Sections 13.20.050 and13.20.073.

0736

2. Maximum fence and retaining wall heightsa. Except as provided in Section 13.10.323(d)5(A), maximum

heights for fences and retaining walls not located in a CornerSight Clearance Triangle (depicted in the Corner SightClearance Triangles diagram below) are shown on the FenceLocation and Height Table given in 13.10.525(c)3, below.

b. Except as provided in Section 13.1 0.323(d)5(A), within CornerSight Clearance Triangles (depicted in the Corner SightClearance Triangles diagram below), no fence or retaining wallshall exceed three feet in height. if the fence or retaining wall is:(i located in a corner sight clearance triangle on a parcel

located at the intersection of two streets for a distance of 30feet along each street right-of-way, or

(ii) located in a driveway or alley corner sight clearance trianglefor a distance of 10 feet along the street right-of-way on eachside of the driveway or alley.

44Page 3 of6

EXlBIJ A tcATTAGHMENT t.

0737

Edge at Pavement Street Right-at-Way Lines

~o.l.r........

10'::::::'t :::.

A \\e.~ J Driveway Intersecting a Street


Propert Abutting Two Streets

Corner Sight Clearance Triangles

EXHIBITA :t ATTACHMENT 1l t 4 4Page 4 of6

3. Fence Location and Height Table 0738

Maximum heightMaximum height Maximum Height

Location with over-height with awithout permit

fence certification Level IV Permit

Front yard inside Urban As determinedServices Line (USL) and 3 feet * 6 feet through permit

Rural Services Line (RSL) process

As determinedFront yard outside USL and RSL 6 feet 8 feet through permit

process

Side/Rear Yard abutting onAs determined

6 feet 8 feet through permita street process

N/ A, already at 8As determined

Side/Rear Yard not abutting Feet; would need8 feet through permit

on a street Level IV to goHigher

process

* Except as allowed by Section 13.1 O.323(d)5(A)

4. Walkway fence openings, with or without gates, may have associatedarchways/trellises/pergolas up to a maximum height of 8 feet without adiscretionary approval, except in corner sight clearance triangles,where no fence or retaining wall shall exceed three feet in height.Archwa.ys/trellises/pergolas may not make up more than 25 percent ofthe length of the fence along a given propert line without a Level IVdevelopment permit.

5. Open architectural, decorative, and ornamental features such aslattice may exceed the given maximum fence heights by no morethan six (6) inches without a discretionary approval, except incorner sight clearance triangles, where no fence or retaining wallshall exceed three feet in height. Open means that no more than50 percent of the feature may be opaque.

SECTION II

Section 13.10. 700-C "C" definitions of the Santa Cruz County Code is herebyamended to add the definition "Corner sight clearance triangle" to read as follows:

Corner sight clearance triangle. A triangular area formed by two lot linesabutting upon a street alley, or driveway and a line connecting them at points equallydistant from their intersection within which, for vehicular and pedestrian visibility andsafety purposes, no fence, hedge, landscaping, walL, structure, or material that exceeds3 feet in height may be placed.

44 EJBII~ A :: ATTACHMENT iPage 5 of6

SECTION IV 0739

Section 13.1 0.700-F "F" definitions - definition of "Fence" - of the Santa CruzCounty Code is hereby amended to read as follows:

Fence. Any construction of wood, metal, plastic, earth or other materialsobstructing the clear view, but not including a structure as defined herein or a hedge.

SECTION V

Section 13.10. 700-H "H" definitions - definition of "Hedge" - of the Santa CruzCounty Code is hereby deleted, as follows:

Hedge. Any arrangement of plants or trees obstructing the clear vie',\.

SECTION VI

This ordinance shall take effect on the 31st day after the date of Final Passage, orupon certification by the California Coastal Commission, whichever date is later.

PASSED AND ADOPTED by the Board of Supervisors of the County of SantaCruz this day of ,2010, by the following vote:



CHAIRPERSON, BOARD OF SUPERVISORS

ATIEST:Clerk of the Board

APPROVED AS TO FORM:County Counsel

Copies to: Planning

Public WorksCounty Counsel

Page 6 of6t'Jfnd8Ir

., 44A~ ATTACHMENi 1J '

ORDINANCE NO. 0740

ORDINANCE AMENDING SUBSECTION (d)S(A) OF SECTION 13.10.323 AND SECTION13.10.S2S, ADDING A DEFINITION TO SECTION 13.10.700-C, AMENDING A DEFINITONIN SUBDIVSION 13.10.700-F AND DELETING A DEFINITION IN DUBDIVISON 13.10.700-

H OF THE SANTA CRUZ COUNTY CODE RELATING TO THE MAMUM HEIGHTALLOWED FOR FENCES AND RETAINING WALLS IN REQUIRED YARDS AND THE

REQUIRED LEVEL OF REVIEW FOR OVER-HEIGHT FENCES AND RETAININGWALLS.


SECTION I

Subsection (A) of subsection 5. of Subdivision (d) of Section 13.10.323 of the SantaCruz County Code is hereby amended to read as follows:

(d) Site and Structural Dimensions Exceptions Relating to Parcels.5. Parcels with Steep Slopes.

(A) In all residential zone districts, if the elevation of the lot at a point 50 feetfrom the center line of the traveled roadway is 7 feet or more above or below the elevationof said center line, an attached or detached carport which (in the interest of public safety)is unenclosed on all sides may be built to within 5 feet of the front propert line or edge ofright-of-way of the lot. Open safety railings no more than fort-two (42) inches in heightmay be constructed to the propert line without a development permit. .

SECTION II


13.10.525(a)

streets are:

1. To ensure adequate visibility of vehicles entering the street from driveways,adequate sight distance from such vehicles, and adequate sight distance at street corners.

2. To ensure adequate light and air for the street area.3. To preserve a harmonious and compatible street front appearance.

(b) The purposes of fence and/or retaining wall regulations for side and rearyards which do not abut on streets are:

1. To provide for privacy screening of these yard areas.


(c) The height regulations for fences and/or retaining walls are:1. The height of fences and/or retaining walls is determined as follows:(i) By measuring the exposed face of the fence and/or wall at its tallest point, from

finished grade at the base, to the top of the fence and/or wall, except as provided in (c) 4and (c) 5 below.

44

Regulations for fences and retaining walls within required yards.The purposes of fence and/or retaining wall regulations for yards abutting on

Page 1 of5 ATIACHMENT 2

0741

(ii) Where a parcel slopes down from a public or private right-of-way, the height ofa fence or retaining wall shall be measured from the lowest elevation of the traveledportion of the right-of-way nearest the fence or retaining wall to the top of the fence and/orwall as shown in the diagram below, except as provided in (c) 4 and (c) 5.

F ence/RetainingWall at propert line --

EE Lowest Edgeof traveled way

CD Finished Grade Right-of-way .:i

B /Height offence or wall on parcel sloping down from right-of-way

2. Maximum fence and retaining wall heights(a) Except as provided in Section 13.10.323(d)5(A), maximum heights for fences

and retaining walls not located in a Corner Sight Clearance Triangle (depicted in theCorner Sight Clearance Triangles diagram below) are shown on the Fence Location andHeight Table given in 13.10.525(c)3, below.

(b) Except as provided in Section 13.10.323(d)5(A), within Corner SightClearance Triangles (depicted in the Corner Sight Clearance Triangles diagram below), nofence orretaining wall shall exceed three feet in height, if the fence or retaining wall is:

(i) located in a corner sight clearance triangle on a parcel located at the

intersection of two streets for a distance of 30 feet along each street right-of-way, or(ii) located in a driveway or alley corner sight clearance triangle for a distance of

10 feet along the street right-of-way on each side of the driveway or alley.

Page 2 of5

... .4~u .~HMtN( ..fJ

0742

Edge at Pavement

-'0...~.........

10'::::::-l :::.

An.') I Driveway Intersecting a Street

Edge at Pave,ment Street Right-at-Way Lines

Property Abutting Two Streets


3. Fence Location and Height Table

Maxim urn heightMaximum height Maximum

Location with over-height Height with awithout permit fence certification Level IV Permit

Front yard inside Urban3 feet As determined

Except as allowed byServices Line (USL) and Section 13.10.323(d)5(A)

6 feet through permit


Front yard outside USL andAs determined

6 feet 8 feet through permitRSL process

.

&4: Page 3 ofSATTACHMENT 2

0743,

SidelRear Yard abutting onAs determined


SidelRear Yard not abuttingN/ A, would need As determined

on a street8 feet Level IV to go through permit

Higher process

4. Walkway fence openings, with or without gates, may have associatedarchways/trellses/pergolas up to a maximum height of 8 feet without a discretionary approval,except in corner sight clearance triangles, where no fence or retaining wall shall exceed threefeet in height. Archways/trellises/pergolas may not make up more than 25 percent of thelength of the fence along a given propert line without a Level iV development permit.

5. Open architectural, decorative, and ornamental features such as lattice mayexceed the given maximum fence heights by no more than six (6) inches without adiscretionary approval, except in corner sight clearance triangles, where no fence orretaining wall shall exceed three feet in height. Open means that no more than 50 percentof the feature may be opaque.

SECTION II

Section 13.10.700-C of the Santa Cruz County Code is hereby amended by addinga definition for "Corner sight clearance triangle" following the definition of "CongregateCare Senior Housing" to read as follows:

Corner sight clearance triangle. A triangular area formed by two lot lines abuttingupon a street, alley, or driveway and a line connecting them at points equally distant fromtheir intersection within which, for vehicular and pedestrian visibility and safety purposes,no fence, hedge, landscaping, wall, structure, or material that exceeds 3 feet in height maybe placed.

SECTION IV

The definition for "Fence" found in Section 13.1 0.700-F of the Santa Cruz CountyCode is hereby amended to read as follows:

Fence. Any construction of wood, metal, plastic, earth or other materials obstructingthe clear view, but not including a structure as defined herein or a hedge.

SECTION V

The definition for "Hedge" found in Section 13.1 0.700-H of the Santa Cruz CountyCode is deleted.

SECTION VI

This ordinance shall take effect on the 31st day after the date of Final Passage, orupon certification by the California Coastal Commission, whichever date is later. ~

Page 4 of5 ATTACHMENT

442

0744



ATTEST:



Clerk of the Board

Copies to: Planning

Public WorksCounty Counsel

44 Page50f5 ATTACHMENT ø.

0745

CALIFORNIA ENVIRONMENTAL QUALITY ACTNOTICE OF EXEMPTION

The Santa Cru County Planng Deparent has reviewed the project described below and hasdetermed that it is exempt from the provisions of CEQA as specified in Sections 15061 - 15332 ofCEQA for the reason(s) which have been specified in this document.

Application Number: N/ AAssessor Parcel Number: CountyideProject Location: Countyide

'Project Description: Proposal to amend Sections 13.10.323, 13.10.525, 13.1O.700-C, 13.10.700-F,

and 13.10.700-H of the Santa Cru County Code to modify the maximum height allowed for fencesand retaining walls and the required level of review for over-height fences and retaining walls.

Person or Agency Proposing Project: County of Santa Cruz

Contact Phone Number: (831) 4S4-3182

c.

The proposed activity is not a project under CEQA Guidelines Section 15378.The proposed activity is not subject to CEQ A as specified under CEQA GuidelinesSection 15060 (c). ~~Ministerial Project involving only the use of fixed stadards or objective .measurements without personal judgment.Statutory Exemption other than a Ministerial Project (CEQA Guidelines Section15260 to 15285).

,,~ \

A. -B. XX

D. XX

Specify type: Section 15265: Local governent activities for preparation and adoption of a local coastalprogram.

E. Categorical Exemption

Specify tye:

F. Reasons why the project is exempt:

The project is an amendment ofthe County's fence regulations and there are no foreseeable adverseenvironmental impacts and CEQA does not apply to activities and approvals, pursuant to theCaliforna Coastal Act, by a local governent necessar for the preparation and adoption of a localcoastal pro gram

In addition, none of the conditions described in Section 15300.2 apply to this project.

r--"\~.~ ~ I ". \l í , ,. r ? f~.. i.V"t.¡, i "" '- .,'-L\

Steven Guiney, AICP, Project,Date: CJ"3 - 03 - \ (

er

44ATTACHMENT 3

Current Fence Height Regulations 0746

LocationMaximum Height Maximum Height with a Maximum Height with a

without permit Level III Permit 1 Level V Permit 2

Front yard 3 feet 6 feetHeight limit at the discretionof the Zoning Administrator

Side or Rear Yard3 feet 6 feet

Height limit at the discretionAbutting on a Street of the Zoning Administrator

Side or Rear Yard not6 feet N/ A: already at 6 feet;

Height limit at the discretionAbutting on a Street of the Zoning Administrator

Proposed Fence Height Regulations

Maximum Height Maximum Height with Maximum Height with aLocation without Permit Over-height Fence Level iV Permit4

Certification3Front yard inside Urban

Services Line (USL)3 feet 6 feet

As determined through permitand Rural Services Line process

(RSL)

Front Yard outside USL6 feet 8 feet

As determined through permitandRSL process

SidelRear Yard6 feet 8 feet

As determined through permitAbutting on a Street process

SidelRear Yard notN/ A: already at 8 feet;

As determined though permit8 feet would need Level iv to

Abutting on a Street go higherprocess

The following would be allowed without any discretionary approval in all locations, except for comer sightclearance trangles:

1. Archways/trellises/pergolas up to 8 feet tall associated with a walkway through a fence and notmaking up more than 25% of the length of the fence along the applicable propert line.

2. Open decorative featues such as lattice that does not exceed the given maximum fence heights bymore than 6 inches.

Level II Development Permit requires submittal of plans, a site visit by staff, and an administrativedecision. No public notice or hearing is required. The Planing Director or her designee hears appealsof staff decisions. Fees for Level II permit applications are approximately $850.00.

2 Level V Development Permit requires submittal of plans, a site visit by staff, and a decision by theZoning Administrator (ZA) at a noticed public hearing. The Planing Commission hears appeals of ZAdecisions. Fees for Level V permit applications range from approximately $3,200.00 to $5,000.00.This is a new discretionary permit application level of review. It is proposed to be an administrativepermit requiring simple plans, no public notification, staff decision appealable to the Planning Director,and with fees of about $300.00.

4 Level iV permits require plans, a site visit, notification to neighbors within 300 feet, and a staff decision

and are appealable to the Planning Director. Fees for Level iV permit applications are approximately$2,000.00.

44 ATTACHMENT l

Amr~Mi:NT 5

BEFORE THE PLANNING COMMISSIONOF THE COUNTY OF SANTA CRUZ, STATE OF CALIFORNIA

0747

RESOLUTION NO. 2011-05

On the motion of Commissioner Aramburu

duly seconded by Commissioner Shepherdthe following is adopted:

PLANNING COMMISSION RESOLUTION RECOMMENDING AMENDMENT OFSECTION 13.10.323, SECTION 13.10.525, SECTION 13.1O.700-C, SECTION 13.10.700-F,AND SECTION 13.1O.700-H OF THE SANTA CRUZ COUNTY CODE TO MODIFY THEMAXIMUM HEIGHT ALLOWED FOR FENCES AND REA T AINING WALLS AND THE

REQUIRED LEVEL OF REVIEW FOR OVER-HEIGHT FENCES AND RETAINING WALLS

WHEREAS, the County of Santa Cruz regulates the heights of fences and retaining wallsin the front, side, and rear yard setbacks for the following purposes: 1) to maintain public safetyby ensuring adequate visibility of vehicles entering the street from driveways, adequate sightdistance from such vehicles, and adequate sight distance at street corners; 2) to ensure adequatelight and air for the street area; 3) to provide for privacy screening of these yard areas; and 4) toensure that light and air of abutting properties are protected from excessively high fences andretaining walls; and

WHEREAS, the County Planning Deparment administers fence and retaining wallregulations through County Code Sections 13.10.323 and 13.10.525; and

WHEREAS, the County of Santa Cru is conducting on-going regulatory reform effortsto make changes to the County's land use regulations where appropriate to simplify theregulations, establish reasonable reality-based standards, and make the regulations easier for thepublic to understand and for staff to administer; without compromising environmental protectionand the quality of the built environment; and

WHEREAS, the proposed amendments to the fence and retaining wall height regulationswill generally increase allowable fence and retaining wall heights and reduce permitrequirements, resulting in overall reductions in the cost of obtaining permits for fences andretaining walls because the level of review for certain fence and retaining wall permits will belowered and there will be no permits required for certain fences and retaining walls; and

WHEREAS, the Planning Commission has held a duly noticed public hearing on March23,2011, and has considered the proposed amendments, and all testimony and evidence receivedat the public hearng; and

WHEREAS, the Planning Commission finds that the proposed amendments to the SantaCruz County Code will be consistent with the policies of the General Plan and Local CoastalProgram and other provisions of the County Code; and

p""p 1 of)EXjBll

44A

AITACHMENT 5

WHEREAS, the Planning Commission finds that the proposed amendments are exemptfrom further review under the California Environmental Quality Act (CEQA) pursuant to CEQAGuidelines Sections i 5969(c) and 15265; and

0748

WHEREAS, Chapter 13.10 of the County Code is an implementing ordinance of theLocal Coastal Program (LCP) and the proposed amendments to Section 13.10.323, Section13.10.525, Section 13.1 0.700-C, Section 13.1 0.700-F, and Section13. 1 0.700-H, constituteamendments to the Local Coastal Program; and

WHEREAS, the proposed amendments are consistent with the California Coastal Act.

NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission recommendsthe proposed amendments (Attachment 1) to County Code Sections 13.10.323,13.10.525, 13.10.700-C,13.10.700-F, and 13.10.700-H, and the CEQA Notice of

Exemption be approved by the Board ofSupervisors and submitted to the California Coastal Commission as part of

the next 2011 Local

Coastal Program Round.

PASSED AND ADOPTED by the Planning Commission of the County of Santa Cruz,State of Cali fomi a, this 23rd day of March , 20H by the following vote: 4-1


COMMISSIONERS Kennedy, Aramburu, Garcia, and ShepherdCOMMISSIONERS DannCOMMISSIONERSCOMMISSIONERS

hairperson

ATTEST:

/~/

()

44EXHIBit A

o,~..... '1 .,,l' ,

ATIACHMENT ~

ORDINANCE NO.0749

ORDINANCE AMENDING SECTIONS 13.10.323, 13.10.S2S, AND 13.10.700 OF THESANTA CRUZ COUNTY CODE TO MODIFY THE MAXIMUM HEIGHT ALLOWED FOR



SECTION I



(A) In all residential zone districts, if the elevation of the lot atapoint 50 feet from the center line of the traveled roadway is 7 feet ormore above or below the elevation of said center line, an attached ordetached carport which (in the interest of public safety) is unenclosedon all sides may be built to within 5 feet of the front property line oredge of right-of-way of the lot. Open safety railings no more thanforty-two (42) inches in height may be constructed to the property linewithout a development permit.

SECTION II







Page i of 6ATTACHMFNT i 4 fb

44EXHIBIT A

1. The height of fences and/or retaining walls is determined as ~Ti~HMENT 5.uÐ~Y measuring the exposed face of the fence and/or wall at itstallest point, from finished grade at the base, to the top of the fenceand/or wall, except as provided in (c) 4 and (c) 5 below. including all 0750ornamental and architectural projections.(ii) Where a parcel slopes down from a public or private right-of-way,the height of a fence or retaining wall shall be measured from thelowest elevation of the traveled portion of the right-of-way nearest thefence or retaining wall to the top of the fence and/or wall as shown inthe diagram below, except as provided in (c) 4 and (c) 5.

Fence/RetainingWall at property line --

t Height of Feneelwall

Ef Lowest Edgeof traveled way

CI Finished Grade Right-of-way ~,II


2. Except as specified in Sections 13.10.525(c) 3, and 16.50.095, no

fence and/or retaining '..all shall exceed six feet in height if located within arequired side or rear yard not abutting on a street, and no fence, hedge,and/or retaining wall shall exceed three feet in height if located in a frontyard or other yard abutting a street, except that heights up to six feet maybe allo'..ed by a Level ILL Development Permit ,Approval, and heightsgreater than six feet may be allowed by a Level V Development PermitApprovaL. (See Section 12.10.070(b) for building permit requirements.)3. In agricultural zone districts, fencing for agricultural purposes mayhave heights up to 6 feet in all yards without the need for DevelopmentPermit approval pro'Jided that such fencing, including gates, is:



(i.e., typical field fencing); or(iii) Made of horizontally oriented wooden members which arespaced a minimum of one foot apart (i.e., typical wooden corralfencing); provided, ho'..ever, that a Development Permit approvalshall be required for this type of fencing on all properties adjacentto State Route (High way One).

ll lf (01l RJl l~ lf, .. .. ...... '. . -k' EXlBlT APa~e 2 of 6

Ai.TACHj\¡~"IV. If a Coastal Development Permit is required, i. iii. do notapply and a Coastal Development Permit is required to exceed theheight limit.

4. An exemption from a Development Permit requirement for agriculturalfencing does not exempt nelN such fencing; including gates, from CoastalZone Permit requirements as specified in Sections 13.20.050 and13.20.073.

ó

0751

2. Maximum fence and retaining wall heightsa. Except as provided in Section 13.1 0.323(d)5(A), maximum


b. Except as provided in Section 13.1 0.323(d)5(A), within CornerSight Clearance Triangles (depicted in the Corner SightClearance Triangles diagram below), no fence or retaining wallshall exceed three feet in height, if the fence or retaining wall is:(i) located in a corner sight clearance triangle on a parcel



Page 3 ofó AITAC 4.4HMENT i · ~ ~iú~ It'

Edge ot Pavement Street Right-ot-Way Lines

A. \\e.~ I Driveway Intersecting a Street

Edge ot Pavement Street Right-ot-Way Lines

---~Property Abutting Two Streets

ATIACHMENT 5

0752


~&~¡* IL ~-b EXHIBIT A

44 Page 4 of6

3. Fence Location and Height Table ,ATTACHMENT t)


Location with over-height with awithout permit fence certification Level IV Permit

Front yard inside Urban As determined

Services Line (USL) and 3 feet * 6 feet through permit


As determined

Front yard outside USL and RSL 6 feet 8 feet through permitprocess



N/ A, already at 8 As determinedSidelRear Yard not abutting Feet: would need

8 feet through permiton a street Level IV to go

Higherprocess

* Except as allowed by Section 13.1 0.323(d)5(A)

4. Walkway fence openings, with or without gates, may have associatedarchways/trellises/pergolas up to a maximum height of 8 feet without adiscretionary approval, except in corner sight clearance triangles.where no fence or retaining wall shall exceed three feet in height.Archways/trellises/pergolas may not make up more than 25 percent ofthe length of the fence along a given property line without a Level IVdevelopment permit.

5. Open architectural, decorative. and ornamental features such aslattice may exceed the given maximum fence heights by no morethan six (6) inches without a discretionary approval, except incorner sight clearance triangles. where no fence or retaining wallshall exceed three feet in height. Open means that no more than50 percent of the feature may be opaque.

SECTION II

Section 13.1 0.700-C "C" definitions of the Santa Cruz County Code is herebyamended to add the definition "Corner sight clearance triangle" to read as follows:

Corner sight clearance triangle. A triangular area formed by two lot linesabutting upon a street, alley. or driveway and a line connecting them at points equallydistant from their intersection within which, for vehicular and pedestrian visibility andsafety purposes, no fence. hedge. landscaping. wall. structure. or material that exceeds3 feet in height may be placed.

0753

Page 5 of6 . 'k FXfIBIT A..44

SECTION IVAnCHMENT 6

Section 13.10. 700-F "F" definitions - definition of "Fence" - of the Santa CruzCounty Code is hereby amended to read as follows:

0754


SECTION V


Hedge. Any arrangement of plants or trees obstructing the clear view.

SECTION VI


PASSED AND ADOPTED by the Board of Supervisors of the County of SantaCruz this day of , 2010, by the following vote:AYES:NOES:ABSENT:ABSTAIN:




Copies to: PlanningPublic WorksCounty Counsel

44: Page 6 of6ATTACHMENT i · W EXIBIT 4

COUNTY OF SANTA CRUZ ATIACHMENT 8

PLANNING DEPARTMENT

701 OCEAN STREET - 4TH FLOOR, SANTA CRUZ, CA 95060

(831) 454-2580 FAX: (831) 454-2131 Too: (831) 454-2123

KATHLEEN MOLLOY PREVISICH, PLANNING DIRECTOR

0755

March 3, 2011Agenda Date: March 23, 2011

Planing Commission

County of Santa Cru701 Ocean StreetSanta Cru, CA 95060

Subject: Proposal to Amend County Code Regarding Regulations for Fences, Walls, andCorner Sight Clearance Triangles in Required Yards

Members of the Commission:

This proposal is par of the effort to make changes to the County's land use regulations, whereappropriate, to simplify them, make them easier for the public to understand, and reflect reasonable,reality-based stadards, without compromising environmental protection or the quality of the builtenvironment. Also, the proposed changes will reduce the cost of most discretionar fence permits,which under existing requirements can exceed the cost ofthe fence itself.

Current Zoning Regulations and Fees

Currently, fence and retaining wall heights are generally limited to three (3) feet in front yards andother yards abutting a street and to six (6) feet in rear and side yards not abutting on a street. Tallerfences and retaining walls may be allowed, as shown in the following table.

urrent Ree;ulations

LocationMaximum Height Maximum Height with a Maximum Height with awithout permit Level il Permit 1 Level V Permit i

Front yard 3 feet 6 feetHeight limit at the discretionof the Zoning Admistrator

Side or Rear Yard 3 feet 6 feetHeight limt at the discretion

Abutting a Street of the Zonig Administrator

Side or Rear Yard not 6 feet N/A, already at 6 feet;Height limit at the discretion

Abutting a Street of the Zoning Admistrator

C

The cost of obtaining over height permits for fences that exceed the maximum allowed height is eithera flat fee or a fee that is charged based on staff time to process the application, depending on whether

J Level II Development Permit requires submittl of plans, a site visit by staff, and an adminstrative decision. Nopublic notice or hearg is required. The Planing Director or her designee hears appeals of staff decisions.

2 Level V Development Permit requires submittal of plans, a site visit by staff, and a decision by the ZoningAdministrator (ZA) at a noticed public hearing. The Planing Commission hears appeals of ZA decisions.

44

Proposal to Amend County Code Regarding Regulations for Fences, Walls,and Comer Sight Clearance Triangles in Required YardsAgenda Date: March 23, 2011

Page 2 of6

0756ATTACHMENT

a public hearg is required. For example, for a Level V permit (for a fence over 6 feet tall), whichinvolves a public hearng, a deposit of$3,125.00 is required. Staff

time is then charged against that

deposit. Generally, depending on the circumstances of a paricular application, the cost of obtaining aLevel II permit, which does not require a public hearng, is approximately $850.00 and for a Level Vpermit, the total fees range from approximately $3,200.00 to approximately $5,000.00.

Building Permits

Generally, building permits are not required for fences not more than 10 feet high, except for concreteand masonr fences more than 6 feet high (County Code Section 12. i 0.315(a)2). Retaining wallsrequire building permits when they retain more than three feet of material, when they retain asurcharge (such as supporting a parking lot), or when they impound certain liquids.

Hedges as Fences

County Code defines a fence as "(a Jny construction of wood, metal, plastic, earh or other materialsobstructing the clear view, but not including a structure as defined herein." A hedge is defined as"(aJny arangement of

plants or trees obstructing the clear view." Therefore, a hedge is considered tobe a fence and subject to the fence regulations. Hedges are very difficult to regulate in terms ofheight. Code Compliance assigns hedge complaints a very low priority unless there are health andsafety issues. Except for corner sight clearance triangles (see discussion below) staff recommendsthat hedges not be subject to the fence regulations.

Proposed Zoning Regulations and Fees

The proposed regulations for fences and retaining walls are shown in the following table.

Maximum Maximum Height Maximum Height with a LevelLocation Height without with Over-height IV Permie

Permit Fence Certification!

Front yard inside Urban Services Line 3 feet 6 feet As determined by permit process(USL) and Rural Services Line (RSL) .

Front Yard outside USL and RSL 6 feet 8 feet As determed by permit process

SidelRear Yard Abutting on a Street 6 feet 8 feet As determined by permt process

SidelRear Yard not Abutting on a Street 8 feet N/A, already at 8 feet As determined by permit process

The following would be allowed without any discretionar approval in all locations, except for comer sight clearancetrangles:

1. Archways/trellises/pergolas up to 8 feet tall associated with a walkay though a fence and not makig up morethan25% oftbe lengt of the fence along the applicable propert line.

2. Open decorative featues such as lattice that do not exceed the maxum fence heights by more than 6 inches.

For a side-by-side comparson of the existing and the proposed fence height tables, see Exhjbit D.

i A proposed discretionar, administrative permit requirg simple plans, no public notification, staff decision

appealable to the Planing Director, with fees of about $300.00.2 Existing Level IV permit applications require plans, a site visit, notification to neighbors within 300 feet (but not public

4: 4: h,arg), ""d, ,talf d,,;,;on th,t ;, 'pp"l,bk to th, PI""ing 0'''''0'. F,,, would total ,ppmxim'tely $2,000.00.

Proposal to Amend County Code Regarding Regulations for Fences, Walls,and Comer Sight Clearance Triangles in Required YardsAgenda Date: March 23,2011

Page30f6

0757 ATTACHMENT 8Maximum Height with Over-height Fence Certification

As shown in the third column of the table, fences of certin heights could exceed the basic maximumheight with an over-height fence certification. Ths is a new permit category and is envisioned to besimilar to the level of review currently used to certify that i:dequate parking exists when a new mobilehome is proposed to be installed in a mobile home park. An over-height fence certification would bean administrative level approval that requires simple plans and is proposed to cost approximately$300.00.

Maximum Height with Level iv Permit

To exceed the maximum heights allowed by an over-height fence certification, a Level IV review isproposed. Ths is an existing level of review that requires plans, a site visit, and notification ofneighbors within 300 feet. There is no pubic hearing and the decision on the application isadministrative, made by staff, and is appealable to the Planing Director. The cost of this type ofpermit is based on staff time to process and we estimate it typically would be approximately$2,000.00.

Features Not Needing Discretionar Approval

Two types of common featues associated with fences would be allowed without any discretionarapproval (depending on the circumstances, a building permt could still be required). These twofeatures are archways/trellises/pergolas associated with a walkway through a fence and openarchitectural, decorative, and ornamental featues such as lattice on top of a fence. Both of thesefeatures are often conceived of as simply add-ons or decorations that do not have to meet anyparicular requirements. It is not unreasonable to allow these features, with limits, without the needfor a discretionar permit.

The proposed ordinance would allow archways/trellises/pergolas to go up to eight feet tall without adiscretionar permit, if they are associated with a walkway opening in the fence and their length is nomore than 25 percent of the length of the fence along the applicable propert line

The proposed ordinance would also allow features such as lattice to exceed the given fence heightmaximums by as much as six inches without a discretionar permit.

Neither featue would be allowed in a corner sight clearance triangle.

Fences in Agrcultural Zone Districts

The proposed amendment of Section 13.10.525 would delete the language about fences in agricultualzone districts, which currently allows fences up to six feet in height in all yards without adiscretionar permit if the fence is a tyical wire field fence or is a typical wooden corral fence withhorizontal boards spaced one foot or more apart. The proposed changes to the maximum-allowedfence heights would obviate the need for specifically calling out agrcultual fencing, because fencesin front yards outside the Urban and Rural Services Lines (where agricultural zoned parcels arelocated) would be allowed to go up to six feet without a discretionar approval, and fences in side andrear yards could go up to six feet (if abutting a street) or up to eight feet (if not abutting a street) withno discretionar approval.

44

Proposal to Amend County Code Regarding Regulations for Fences, Walls,and Comer Sight Clearance Triangles in Required YardsAgenda Date: March 23, 20 11

Page 4 of6

0758

AfIACHMENT 8

Front Yards

Fence heights in front yards are more restricted for a varety of reasons, including the need foradequate sight distance for vehicles entering onto roads from other roads or driveways, residents'desire for privacy and safety of pets and children, and maintaining a harmonious and compatible streetappearance.

Side and Rear Yards

Six-foot tall fences are common in side and rear yards. Often these have an additional two feet oflattice or decorative material on top of the six foot high fence, resulting in a fence that is actually eightfeet talL This is generally accepted by residents as a "normal" side and rear yard fence height. Inmost cases, these fences do not present any sight distance or other safety issues and are generallyacceptable from a land use regulation perspective.

Side and Rear Yards abutting upon a street

Side and rear yards abutting streets present may of the same issues that front yards do, but the traffic

safety issues are usually less than with front yards because vehicular maneuvering mostly involvessight distace to, from, and along front yards.

Side and Read_Yards not abutting upon a street

For these yards, typically there are no vehicular sight distance and related traffic safety issues. Here,the issues have to do with providing for privacy screening of these yard areas and ensuring that lightand air of abutting properties are protected from excessively high fences and retaining walls.

Urban vs. Rural

Generally, density, intensity of uses, and traffic are greatest in areas within the Urban Services Line

(USL), such as Live Oak and Aptos. These factors are still relatively high in smaller physical areaswithin the Rural Services Line (RSL), such as in Felton, Ben Lomond, Boulder Creek, and La Selva.Areas outside of both the USL and the RSL, such as Bonny Doon, Corralitos, and the rest of the ruralunincorporated area are generally areas of very low density and intensity.

Within the USL and the RSL, then, the fence/retaining wall height regulations are the most restrictive,especially for heights in front yards and side yards abutting upon a street. Outside of

both the USL

and the RSL, then, the proposed fence/retaining wall height regulations are less restrictive.

The proposed changes to the fence/retaining wall regulations also differentiate between the moreurbanized areas of the County, within the Urban Services Line and the Rural Services Line, and therural areas outside of the Urban Services Line and the Rural Services Line in terms of the heightlimits and levels ofreview. This reflects the differing density and intensity of

uses and traffc in the

more urbanized and rural areas.

44

Proposal to Amend County Code Regarding Regulations for Fences, Walls,and Comer Sight Clearance Triangles in Required YardsAgenda Date: March 23, 2011

Page 5 of6

0759

ATTACHMENT 8

Comer Sight Clearance Triangle

The proposed amendments would establish and define a corner sight clearance triangle. This is anarea at street intersections and at driveways and alleys within which no structures, fences,landscaping, or other material would be allowed to exceed three feet in height, for visibility purposes.Currently, the Department of Public Works Design Criteria Figure ST-3 establishes and defines a

"critical trimming area" (see Exhbit E). However, that figure addresses only landscaping and notfences or other materiaL.

The proposed comer sight clearance triangle builds on the Deparment of Public Works DesignCriteria in that it would have the same dimensions at street intersections and would further not allowstructures, fences, landscaping, or other material in the triangle to exceed three feet in height. Fordriveways and alleys, the corner sight clearance triangle would be i 0 feet, recognizing the lesseramount of traffic at those featues.

An exception to the comer sight clearance triangle regulation is proposed for safety railings asallowed by Section 13.10.323(d)5(A). That section applies to parcels that slope steeply down fromtheir access road. In those cases, an attached or detached carort that is unenclosed on all sides maybe built to within 5 feet of the front propert line or right-of-way edge. That section curently allowsopen safety railings no more than 36 inches tall to be constructed to the propert line. Because theCalifornia Building Code requires such safety railings to be 42 inches tall, the section is proposed tobe amended to allow 42 inch safety railings without a development permit.

Environmental Review

The proposed changes to the fence/retaining wall regulations are exempt from environmental reviewaccording to Section 1 5061 (b)(3) of the Californa Environmental Quality Act (CEQA) Guidelinesbecause CEQA applies only to projects which have the potential for causing a significant effect on theenvironment; where it can be seen with certinty that there is no possibility that the activity may havea significant effect on the environment, the activity is not subject to CEQA. Furher, County CodeChapter i 3.10 is par of the County's certified Local Coastal Program and CEQA Guidelines Section15265 states that CEQA does not apply to activities and approvals, pursuant to the Californa CoastalAct, by a local governent necessar for the preparation and adoption of a local coastal program (thisessentially shifts the burden of environmental review to the Coastal Commission).

Local Coastal Program Consistency

The proposed ordinance amendments will not result in any impediment to or loss of coastal access. Itis unlikely that there would be any negative impacts to public viewsheds within the coastal zone.Outside the USL and the RSL, the proposal would allow an additional three feet in height without apermit for front yard fences and an additional two feet in height without a permit for fences notabutting a street. However, there is relatively little development in the coastal zone that is outside ofthe USL and RSL and that lies in public viewsheds. In those viewsheds, the potential addition of twoto three feet to a fence height would be insignificant. The proposed amendments therefore meet therequirements of, and are consistent with, the County's certified Local Coastal Program (LCP) and theCalifornia Coastal Act. However, as an amendment to County Code Chapter 13.10, the

44

Proposal to Amend County Code Regarding Regulations for Fences, Walls,and Corner Sight Clearance Triangles in Required YardsAgenda Date: March 23, 20 i I

0760 Page 60f6

ATTACHMENT 8

implementation of the proposed amendments is considered a coastal implementing ordinance and willtherefore require review and certification by the Coastal Commission subsequent to the Board'saction.

Conclusion

In an on-going effort to make the County's land use regulations reflect common practices and makethem easier to understand, use, and apply, the regulations governing fence and retaining wall heightsand locations are proposed to be modified to allow for taller fences, with Level iv approvals ratherthan Level V approvals for heights that would exceed new standards. The proposed level of reviewwhere County approval is required would result in most approvals being less expensive than theycurrently are. A new category of fence review and approval is proposed for certain heights, an Over-height Fence Certification, with a fee anticipated being approximately noo.ou.

Recommendation

It is therefore RECOMMENDED that your Commission take the following actions:

l. Conduct a public hearing on the proposed ordinance amendments to Sections 1 3. 1 0.323,13.10.525, and 13.10.700 implementing changes in development standards for fences andretaining walls; and

2. Adopt the resolution (Exhibit A) recommending that the Board of Supervisors approve theproposed ordinance amendments and certify the Notice of Exemption (Exhibit C).

Sincerely,')

//-/11 fj\.\

",..'\.1"

(\ -~I/ttSteven Guiney, AICPPolicy Planner

I î\ j ~"~ \ \.

.7

Paia LevinePrincipal Planner \ )

,-.

Exhibits:

A. Planing Commission Resolution, including strikethrough/underline draft ordinanceB. "Clean" draft ordinance

C. Notice of Exemption from Environmental ReviewD. Fence Height Regulation Tables

E. Department of Public Works Figure ST-3

cc: Coastal Commission

44

0761 ATTACHMENT 6ORDINANCE NO.

. ORDINANCE AMENDING SECTIONS 13.10.323, 13.10.52S, AND 13.10.700 OF THESANTA CRUZ COUNTY CODE TO MODIFY THE MAXIMUM HEIGHT ALLOWED FOR



SECTION I



(A) In all residential zone districts, if the elevation of the lot at apoint 50 feet from the center line of the traveled roadway is 7 feet ormore above or below the elevation of said center line, an attached ordetached carport which (in the interest of public safety) is unenclosedon all sides may be built to within 5 feet of the front property line oredge of right-of-way of the lot. Open safety railings no more thanforty-two (42) inches in height may be constructed to the property linewithout a development permit.

SECTION II







Page i of6ATTACf.M~NT t .. )b EXHIBlT A

t 44

1. T~e height of fe~ces and/or retaining walls is determined as foliomACHMENTiiLJ~~Y measuring the exposed face of the fence and/or wall at itstallest point, from finished grade at the base, to the top of the fenceand/or wall, except as provided in (cl 4 and (cl5 below. including allornamental and architectural projections. 0762(ii) Where a parcel slopes down from a public or private right-of-way,the height of a fence or retaining wall shall be measured from thelowest elevation of the traveled portion of the right-of-way nearest thefence or retaining wall to the top of the fence and/or wall as shown inthe diagram below, except as provided in (cl 4 and (cl 5.

6


t Height of Fence/wall

EB

Finished Grade

Lowest Edgeof traveled way

CD Right-of-way ~,II


b-Except as specified in Sections 13.10.525(c) 3, and 16.50.095, nofence and/or retaining '..all shall exceed six feet in height if located within arequired side or rear yard not abutting on a street, and no fence, hedge,and/or retaining wall shall exceed three feet in height if located in a frontyard or other yard abutting a street, except that heights up to six feet maybe allowed by a Level ILL Development Permit Approval, and heightsgreater than six feet may be allmved by a Level V Development PermitApprovaL. (See Section 12.1 0.070(b) for building permit requirements.)3. In agricultural zone districts, fencing for agricultural purposes mayhave heights up to 6 feet in all yards without the need for DevelopmentPermit approval provided that such fencing, including gates, is:



(i.e., typical field fencing); or(iii) Made of horizontally oriented wooden members which arespaced a minimum of one foot apart (i.e., typical wooden corralfencing); provided, however, that a Development Permit approvalshall be required for this type of fencing on all properties adjacentto State Route (High 'Nay One).

1~~IUf:I¥f'lir1S~~l IIfJ1 _",r;-*i!,~ ii')! k EXiBiT A

44Page 2 of6

IV. If a Coastal Development Permit is required, i. iii. do niATTACHMENT 6apply and a Coastal Development Permit is required to exceed theheight limit.

4. An exemption from a Development Permit requirement for agricultural .fencing does not exempt new such fencing; including gates, from Coastal 0763Zone Permit requirements as specified in Sections 13.20.050 and13.20.073.

2. Maximum fence and retaining wall heightsa. Except as provided in Section 13.1 0.323(d)5(A), maximum


b. Except as provided in Section 13.1 0.323(d)5(A), within CornerSight Clearance Triangles (depicted in the Corner SightClearance Triangles diagram below), no fence or retaining wallshall exceed three feet in height, if the fence or retaining wall is:(i) located in a corner sight clearance triangle on a parcel



Page 3 of6 AITACHMENT i · fö iì¡OII 4~4

ATTACHMENT 8

Edge of Pavement Street Right-of-Way Lines 0764

A, \\e.~ J Driveway Intersecting a Street

Edge of Pavement Street Right-of-Way Lines

---~..:".:"....................................................1.

. ,,:c__.-:..:..__

l



(tJL\W~* IL 'P EXHIBIT A

Page4of6

44

3. Fence Location and Height Table ATTACHMENT 8


Location with over-height with awithout permit fence certification Level iv Permit

Front yard inside Urban As determined

Services Line (USL) and 3 feet * 6 feet through permit


As determined

Front yard outside USL and RSL 6 feet 8 feet through permit

process



N/A, already at 8 As determinedSide/Rear Yard 1I0t abutting Feet; would need

8 feet through permiton a street Level iv to go

Higherprocess

* Except as allowed by Section 13.10.323(d)5(A)

4. Walkway fence openings, with or without gates, may have associatedarchways/trellises/pergolas up to a maximum height of 8 feet without adiscretionary approval, except in corner sight clearance triangles,where no fence or retaining wall shall exceed three feet in height.Archways/trellises/pergolas may not make up more than 25 percent ofthe length of the fence along a given property line without a Level IVdevelopment permit.

5. Open architectural, decorative, and ornamental features such aslattice may exceed the given maximum fence heights by no morethan six (6) inches without a discretionary approval, except incorner sight clearance triangles, where no fence or retaining wallshall exceed three feet in height. Open means that no more than50 percent of the feature may be opaque.

SECTION II

Section 13.10. 700-C "C" definitions of the Santa Cruz County Code is herebyamended to add the definition "Corner sight clearance triangle" to read as follows:

Corner sight clearance triangle. A triangular area formed by two lot linesabutting upon a street. alley, or driveway and a line connecting them at points equallydistant from their intersection within which, for vehicular and pedestrian visibility andsafety purposes, no fence, hedge, landscaping, wall, structure, or material that exceeds3 feet in height may be placed.

0765

Page 5 of6EXHIBIT A

444 J:

ATTACHMENT 8

Section 13.10. 700-F "F" definitions - definition of "Fence" - of the Santa CruzCounty Code is hereby amended to read as follows:

SECTION IV 0766


SECTION V


Hedge. Any arrangement of plants or trees obstructing the clear view.

SECTION VI









44Page 6of6

ATIACHMENT i · 1i EXIBITA

ORDINANCE NO.0767 ATTAr.HMENT 8

ORDINANCE AMENDING SUBSECTION (d)5(A) OF SECTION 13.10.323 AND SECTION

\ 13.10.S2S, ADDING A DEFINITION TO SECTION 13.10.700-C, AM~ING A DEFINITONIN SUBDIVISION 13.10.700-F AND DELETING A DEFINITION IN UBDIVISON 13.10.700-H OF THE SANTA CRUZ COUNTY CODE RELATING TO THE XIMUM HEIGHT

ALLOWED FOR FENCES AND RETAINING WALLS IN REQUIRED YARDS AND THEREQUIRED LEVEL OF REVIEW FOR OVER-HEIGHT FENCES AND RETAINING

WALLS.


SECTION I

Subsection (A) of subsection 5. of Subdivision (d) of Section 13.10.323 of the SantaCruz County Code is hereby amended to read as follows:

(d) Site and Structural Dimensions Exceptions Relating to Parcels.5. Parcels with Steep Slopes.

(A) In all residential zone districts, if the elevation of the lot at a point 50 feetfrom the center line of the traveled roadway is 7 feet or more above or below the elevationof said center line, an attached or detached carport which (in the interest of public safety)is unenclosed on all sides may be built to within 5 feet of the front property line or edge ofright-of-way of the lot. Open safety railings no more than fort-two (42) inches in heightmay be constructed to the property line without a development permit.

SECTION II


13.10.525(a)

streets are:

1. To ensure adequate visibility of vehicles entering the street from driveways,adequate sight distance from such vehicles, and adequate sight distance at street corners.

2. To ensure adequate light and air for the street area.3. To preserve a harmonious and compatible street front appearance.

(b) The purposes of fence and/or retaining wall regulations for side and rearyards which do not abut on streets are:

1. To provide for privacy screening of these yard areas.


(c) The height regulations for fences and/or retaining walls are:1. The height of fences and/or retaining walls is determined as follows:(i) By measuring the exposed face of the fence and/or wall at its tallest point, from

finished grade at the base, to the top of the fence and/or wall, except as provided in (c) 4and (c) 5 below.

Regulations for fences and retaining walls within required yards.The purposes of fence and/or retaining wall regulations for yards abutting on

Page i of 5DHlbl' B

44

(ii) Where a parcel slopes down from a public or private right-of-way, the he~U~HMENT 8a fence or retaining wall shall be measured from the lowest elevation of the traveledportion of the right-of-way nearest the fence or retaining wall to the top of the fence and/orwall as shown in the diagram below, except as provided in (c) 4 and (c) 5.

0768


I Height ofFence/wail

EE Lowest Edgeof traveled way

CD Finished Grade Right-of-way .' ,,

E3 /Height of fence or wall on parcel sloping down from right-of-way

2. Maximum fence and retaining wall heights(a) Except as provided in Section 13.1 0.323(d)5(A), maximum heights for fences

and retaining walls not located in a Corner Sight Clearance Triangle (depicted in theCorner Sight Clearance Triangles diagram below) are shown on the Fence Location andHeight Table given in 13.10.525(c)3, below.

(b) Except as provided in Section 13.1 0.323(d)5(A), within Corner SightClearance Triangles (depicted in the Corner Sight Clearance Triangles diagram below), nofence or retaining wall shall exceed three feet in height, if the fence or retaining wall is:

(i) located in a corner sight clearance triangle on a parcel located at the

intersection of two streets for a distance of 30 feet along each street right-of-way, or(ii) located in a driveway or alley corner sight clearance triangle for a distance of

10 feet along the street right-of-way on each side of the driveway or alley.

lillUba'Page 2 of 5

44

ATTACHMENT 8

0769


ly~.Q~10'::::::'l :::-

A".'3/ Driveway Intersecting a Street


---,..m-..............i...,....

.1

'V-:30~"0"::::::"t .::'



3. Fence Location and Height Table

Maximum heightMaximum height Maximum

Location with over-height Height with awithout permit fence certification Level iv Permit

Front yard inside Urban3 feet As determined

Except as allowed byServices Line (USL) and 6 feet through permit

Rural Services Line (RSL)Section 13.1 O.323( d)5(A) process

Front yard outside USL andAs determined

6 feet 8 feet through pennitRSL process

Page 3 of 5 tiÄHlWT 44

0770 ßTTârJ.MFNT 8



Side/Rear Yard not abuttingN/A, would need As determined

8 feet Level N to go through permit

on a street Higher process

4. Walkway fence openings, with or without gates, may have associatedarchways/trellises/pergolas up to a maximum height of 8 feet without a discretionary approval,except in corner sight clearance triangles, where no fence or retaining wall shall exceed threefeet in height. Archways/trellises/pergolas may not make up more than 25 percent of thelength of the fence along a given property line without a Level IV development permit.

5. Open architectural, decorative, and ornamental features such as lattice mayexceed the given maximum fence heights by no more than six (6) inches without adiscretionary approval, except in corner sight clearance triangles, where no fence orretaining wall shall exceed three feet in height. Open means that no more than 50 percentof the feature may be opaque.

SECTION II

Section 13.10.700-C of the Santa Cruz County Code is hereby amended by addinga definition for "Corner sight clearance triangle" following the definition of "CongregateCare Senior Housing" to read as follows:

Corner sight clearance triangle. A triangular area formed by two lot lines abuttingupon a street, alley, or driveway and a line connecting them at points equally distant fromtheir intersection within which, for vehicular and pedestrian visibility and safety purposes,no fence, hedge, landscaping, wall, structure, or material that exceeds 3 feet in height maybe placed.

SECTION IV

The definition for "Fence" found in Section 13.1 0.700-F of the Santa Cruz CountyCode is hereby amended to read as follows:

Fence. Any construction of wood, metal, plastic, earth or other materials obstructingthe clear view, but not including a structure as defined herein or a hedge.

SECTION V

The definition for "Hedge" found in Section 13.1 0.700-H of the Santa Cruz CountyCode is deleted.

SECTION VI


44Page 4 of5 ~nU)tl 8

ATTAr.HMENT 8

PASSED AND ADOPTED by the Board of Supervisors of the County of SantaCruz this day of ,2011, by the following vote: 0771


ATIEST:


Clerk. of the Boa rd



Page 5 of5 EXH\B\T B

44

ATTArHMENT

CALIFORNIA ENVIRONMENTAL QUALITY ACTNOTICE OF EXEMPTION

80772

The Santa Cruz County Planning Department has reviewed the project described below and hasdetermined that it is exempt from the provisions of CEQA as specified in Sections 15061 - 15332 ofCEQA for the reason(s) which have been specified in this document.

Application Number: N/ AAssessor Parcel Number: CountywideProject Location: Countywide

. Project Description: Proposal to amend Sections 13.10.323,13.10.525, 13.10.700-C, 13.10.700-F,and 13.10.700-H of the Santa Cruz County Code to modify the maximum height allowed for fencesand retaining walls and the required level of review for over-height fences and retaining walls.

Person or Agency Proposing Project: County of Santa Cruz

Contact Phone Number: (831) 454-3182

D. XX

The proposed activity is not a project under CEQA Guidelines Section 15378.The proposed activity is not subject to CEQA as specified under CEQA GuidelinesSection I 5060 (c).Ministerial Project involving only the use of fixed standards or objective

measurements without personal judgment.Statutory Exemption other than a Ministerial Project (CEQA Guidelines Section15260 to 15285).

A. -B. XX

c.

Specify type: Section 15265: Local governent activities for preparation and adoption of a local coastalprogram.

E. Categorical Exemption

Specify type:

F. Reasons why the project is exempt:

The project is an amendment of the County's fence regulations and there are no foreseeable adverseenvironmental impacts and CEQA does not apply to activities and approvals, pursuant to theCalifornia Coastal Act, by a local governent necessary for the preparation and adoption of a localcoastal program

In addition, none of the conditions described in Section 15300.2 apply to this project.

cs~. 1 ,\.;t~ ~ \.~,Steven Guiney, AICP, Project, ner

C"'j C' r, '(Date: i __'Î -- : ~') --- \

EXlb,i c44

Current Fence Height Regulations nTTArHME,NT 8

LocationMaximum Height Maximum Height with a Maximum Height with a

without permit Level III Permit i Level V Permit i

Front yard 3 feet 6 feetHeight limit at the discretionof the Zonig Admistrator

Side or Rear Yard 3 feet 6 feetHeight limit at the discretion

Abutting on a Street of the Zonig Administrator

Side or Rear Yard not 6 feet N/A: already at 6 feet;Height limit at the discretion

Abutting on a Street of the Zoning Adminstrator

0773

Proposed Fence Height Regulations

Maximum HeightMaximum Height with Maximum Height with a

Location without PermitOver-height Fence Level IV Permit4

Certification3

Front yard inside UrbanServices Line (USL) 3 feet 6 feet

As determned through permitand Rural Services Line process

(RSL)

Front Yard outside USL 6 feet 8 feetAs determined through permit

andRSL process

Side/Rear Yard 6 feet 8 feetAs determined through permit

Abutting on a Street process

SidelRear Yard notN/ A: already at 8 feet; As determined through permit

8 feet would need Level iv toAbutting on a Street go higher

process

The following would be allowed without any discretionar approval in all locations, except for corner sightclearance trangles:

1. Archways/trellises/pergolas up to 8 feet tall associated with a walkay through a fence and notmaking up more than 25% of the length of the fence along the applicable propert line.

2. Open decorative featues such as lattice that does not exceed the given maxium fence heights bymore than 6 inches.

.

Level II Development Permit requires submittal of plans, a site visit by staff, and an administrativedecision. No public notice or hearg is required. The Planing Director or her designee hears appeals

of staff decisions. Fees for Level II permit applications are approximately $850.00.Level V Development Permit requires submittal of plans, a site visit by staff, and a decision by theZoning Administrator (ZA) at a noticed public hearing. The Planing Commission hears appeals of ZAdecisions. Fees for Level V permit applications range from approxiately $3,200.00 to $5,000.00.This is a new discretionar permt application level of review. It is proposed to be an administrativepermit requirg simple plans, no public notification, staff decision appealable to the Planing Director,and with fees of about $300.00.Level IV permts require plans, a site visit, notification to neighbors withi 300 feet, and a staff decisionandare appealable to the Planing Director. Fees for Level iV permit applications are approximately

$2,000.00.

~.l j.44

Typical Street Intersection0774

30'

'~L~~=

Curb Face orEdge of Pavement

CONDITON A

INTERSECTlONÄTTACHMENT 6

The minimum standardrequires 30 feet of visibiltyalong each curb line/edgeof pavement.

Trim all landscaping (excepttrees) to a height of notmore than 30 inches abovethe curb.

Low or overhanging treebranches shall be removedto allow drivers an

unobstructed view, andshrubbery shall not beallowed to encroach intothe street or sidewalk.

Sidewalk Sidewalk

CONDITION B

PavementEdge

CONDITON C

1REES: Minimum clearances shall be maintained as shown.

/7 MinimumTrimmingLimits ~

(PavementEdge

. .. - ..

Curbedstreet

CQNDIIJON D CONDIlON E

Minimum~Trimming .Limits

RoadsideDitch

CONDIDQN f

VEGETA TlON: All growth shall be trimmed back so as not to encroach into the curb,

sidewalk, or roadway. It's recommended thar you trim an extra couple of feet tominimize the frequency of trimming. EXHIBIT E

24

MINIMUM LANDSCAPE CLEANCESFIG. ST-3

,~ Action MinutesPlanning Commission Hearing of

March 23, 2011

Yes No/Planning Director's Report VCounty Counsel Report ..Additions and Corrections to the Al?enda VReport on Upcoming Meeting Dates and Al?endas VOral Communications VDeclarations on Ex-parte Communications V

AITHMENT "0775

SEE NF~T

PAG-~ FoR.

Fr;l\Gt=S

Item# : 8 Planner: N/ A Commissioner: Yes No AbstainMoved:~ Seconded:~ ~TO:~,-~ Kennedy

Arainburu V

Dann V

GarciaV

RE: Approval of February 23,2011 Minutes

Roll Call Voice Vote ./ Carred by ~ - JLShepherd ~- -

¡ LRE: 09-0407, Cunnison Lane, Park

Roll Call /" Voice Vote Carred by b - ((

Commissioner: Yes No Abstain

Kennedy VArainburu V

Dann V

Garcia VShepherd

Commissioner: Yes No Abstain

Kennedy /Arainburu V'

Dann VGarcia ./

Shepherd v/

Item# : 10 .Moved: ~£.

RE: 07-0267 Agricultural Research Facilty

Roll Call I Voice Vote Carried by 5 - ft

44

+,ltem#: 1 A f~\.C~ SMoved:~To:

l ATArHMENT 7 ~ l'

Item# : 12 Planner: Steve Guiney Commissioner: No Ahstain

Moved: ~ Seconded:~Kennedy i/TO:~ Ætd)Au~m

Arainhuru ~Dann V'

Garcia VRE: 2010 General Plan

Roll Call Voice Vote / Carred by ~~ - _Shepherd /

Item# : 13. Planner: K~ Commissioner: Yes No Ahstain

Moved: ~ .Seconded:Kennedy ¡,

T

Arainhuru ~au,~ ~Dann

Garcia V"RE: Report on Community Forums and Focus Groups.

Roll Call Voice Vote / Carred by b- ll Shepherd VItem# : Planner: Commissioner: Yes No Ahstain

Moved: Seconded:

To:Kennedy

Arainhuru

Dann

Garcia

RE:

Roll Call Voice Vote Carried by _ - __Shepherd

Planner: Steve GuineySeconded:

Roll Call

Commissioner: Yes No Ahstain

Kennedy V" 0 76Arainhuru v

Dann /'Garcia .,

Shepherd ý

44

Typical Street Intersection

~.

30'

'PL~~

Curb Face orEdge of Pavement

CONOIDONA

Sidewalk

CQNDIDON B

INTERSECTION: 0177

The minimum standardrequires 30 feet of visibiltyalong each curb line/edgeof pavement.

Trim all landscaping (excepttrees) to a height of notmore than 30 inches abovethe. curb.

Low or overhanging treebranches shall be removedto allow drivers anunobstructed view, andshrubbery shall not beallowed to encroach intothe street or sidewalk.

Sidewalk PavementEdge

CONOIDQN C

TREES: Minimum clearances shall be maintained as shown.

~CurbedStreet

CQNOIDON p

MinimumTrimmingLimits ~ Minirnum. ~... ...Trimming . .

Limits

RoadsideDitch

CONOIDQN E

,/-\VËGETATlON: All growth shall be trimmed back so as not to encroach into the curb,¡. , . ," . sidewalk, or roadway. It s recommended that you trim an extra couple of feet to

minimize the frequency of trimming.

(PavementEdge

CONPIDQNE

ATTA~HMF ~MINIMUM LANDSCAPE CLEARANCES

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