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HomeMy WebLinkAbout71.20 ORDINANCE NO.. 71.20 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING AND CONSOLIDATING THE REGULATIONS PERTAINING TO FENCES, WALLS AND HEDGES AS CONTAINED IN CHAPTER 15 OF THE CITY CODE The City Council of the City of Saratoga hereby ordains as follows: SECTION h Section 15-11.120 in Article 15-11 of the City Code is amended to read as follows: "~ 15-11.120 Screening and fencing (a) An operation not conducted within a completely enclosed structure or the open storage of produce, materials or equipment, when found by the Planning Commission to be unsightly or potentially hazardous, shah be screened by a solid fence, wall or compact evergreen hedge as approved by the Planning Commission. (b) Fences, wails and hedges shall comply with the regulations set forth in Article 15-29 of this Chapter." SECTION 2: Section 15-12.120 in Article 15-12 of the City Code is amended to read as follows: "~15-12. 120 Fences, walls and hedges Fences, walls and hedges shall comply with the regulations set forth in Article 15-29 of this Chapter." SECTION 3: Section 15-13.120 in Article 15-13 of the City Code is amended to read as follows: "~15-13.120 Fences, WAlk and hedges Fences, walls and hedges shall comply with the regulations set forth in Article 15-29 of this Chapter." SECTION 4: Section 15-14.130 in Article 15-14 of the City Code is amended to read as follows: "S15-14.130 Fences, walls and hedges Fences, walls and hedges shall comply with the regulations set forth in Article 15-29 of this Chapter." Rev. 1/14/87 -1- SECTION 5: Section 15-17.120 in Article 15-17 of the City Code is amended to read as follows: "J15-17.120 Fences, walls and hedges Fences, walls and hedges shall comply with the regulations set forth in Article 15-29 of this Chapter." SECTION 6: Paragraph (c) of Section 15-18.100 in Article 15-18 of the City Code is amended to read as follows: "(c) Fences, walls and hedges shall comply with the regulations set forth in Article 15-29 of this Chapter." SECTION 7: Paragraph (e) of Section 15-19.130 in Article 15-19 of the City Code is amended to read as follows: "(e) Fences, walls and hedges shall comply with the regulations set forth in Article 15-29 of this Chapter." SECTION 8: Paragraph (e) of Section 15-20.100 in Article 15-20 of the City Code is amended to read as follows: "(e) Fences, walls and hedges shall comply with the regulations set forth in Article 15-29 of this Chapter." SECTION 9: A new Section 15-21.095 is added to Article 15-21 of the City Code, to read as follows: "S 15-21.095 Fences, wRII,~ and hedges Fences, walls and hedges shall comply with the regulations set forth in Article 15-29 of this Chapter." SECTION 10: A new Article 15-29, entitled, "Fences, walls and hedges," is added to Chapter 15 of the City Code, to read as follows: ~ARTICLE 15-29 FENCES, WALLS AND HEDGES Sections: 15-29.010 Height restrictions 15-29.020 Fencing within hillside districts 15-29.030 Fencing to mitigate noise from certain arterial streets 15-29.040 Fencing adjacent to scenic highways 15-29.050 Barbed wire prohibited Rev. 1/14/87 -2- S15-29.010 Height restrictions (a) General regulation. Except as otherwise specified in this Article, no fence or wall located within any required yard shall exceed six feet in height. (b) Front yards and exterior side yards of reversed corner lots. No fence or wall loeated within any required front yard or within any required exterior side yard of a reversed corner lot shall exceed three feet in height; provided, however, this restriction shall not apply to a fence or wall lawfully eonstructed prior to March 20, i987, if such fence or wall does not ereate a safety hazard for vehicular, pedestrian or bicycle traffic and does not obstruct the safe access to or from adjaeent properties; and provided further, that updn the destruction or removal of more than one-haft of the length of sueh nonconforming fence or wall, any replaeement fence or wall shall comply with the restriction specified in this Paragraph. (e) Street intersections. No fence, wall or compaet hedge loeated within a triangle having sides fifty feet in length from a street intersection, as measured from interseeting curb lines or intersecting edges of the street pavement where no curb exists, shall exceed three feet in height above the established grade of the adjoining street. (d) Recreational courts. Fencing around recreational courts shall comply with the regulations contained in Subsection 15-80.030(c) of this Chapter. (e) Pilasters. Pilasters constituting a part of a fenee, in reasonable numbers and scale in relationship to the nature and style of the fence~ may extend to a height of not more than two feet above the height limit applicable to the fence containing such pilasters. (f) Light fixtures. The height of a fence shall not include light fixtures mounted thereon at the entrance of driveways and sidewalks leading into a site. Not more than two such light fixtures shall be installed at each driveway and sidewalk entrance. (g) Retaining w~ll~. No retaining wall on a hillside lot shall exceed five feet in height. Sl 5-29.020 Fencing within hillside districts In addition to the regulations set forth in Section 15-29.010 of this Article, fences and walls located within an HC-RD or NHR district shall comply with the following regulations: (a) Length of solid fences and wsll~. Solid fenees and walls, having no openings to permit visibility through the same, shall not have a length exceeding sixty feet, as viewed from any street or adjacent property. This restriction shall not apply to retaining walls. (b) Parallel fences and WAll.~ Parallel fences and walls shall be separated by a horizontal distance of not less than five feet. Where two or more fences or walls Rev. 1/14/87 -3- are approximately parallel to each other and separated by a horizontal distance of thirty feet or less, the combined height of such fences or walls shall not exceed ten feet. (c) Area of enclosure. Except for fencing around recreational courts and fencing which constitutes part of a corral, no fencing on a single site shall encompass or enclose an area in excess of four thousand square feet (excluding the area of any pool) unless approved by the Planning Director, which approval may be granted if either of the following findings are made: (1) The visibility of the fence from public streets and adjacent properties will be substantially reduced by the topography, landscaping or other features of the site; or (2) The fence is required for safety reasons. Where, under the terms of any recorded covenants, conditions and restrictions applicable to the site, fencing in excess of four thousand square feet cannot be installed without prior approval by the City, the Planning Director shall be authorized to grant such approval if he is able to make either of the findings set forth above. (d) Chain link fences. Chain link fencing shall be permitted only for recreational courts. S15-29.030 Feneing to mitigate noise from eertain arterial streets (a) For the purpose of noise mitigation, a fence exceeding six feet in height may be located within any required yard abutting Prospect Road, Saratoga/Sunnyvale Road, Quito Road, Saratoga Avenue~ or Cox Avenue, upon the issuance by the Planning Director of a fence permit and subject to the following provisions: (1) Where the fence is located within an exterior side yard or rear yard abutting one of the arterial streets specified herein, the fence shall not exceed eight feet in height at the property line, plus one additional foot in height for each additional five feet of setback from the property line, up to a maximum height of ten feet if the fence is still located within a required yard. (2) Where the fence is located within a front yard abutting one of the arterial streets specified herein, the fence may be located no closer than ten feet from the front property line and shall not exceed eight feet in height, plus one additional foot in height for each additional five feet of setback from the front property line in excess of ten feet, up to a maximum height of ten feet if the fence is still located within the required yard. (3) Where a street line is located within a site, the location and setback of the fence as specified in subparagraphs (1) and (2) above shall be determined by the street line rather than the property line. Rev. 1/14/87 -4- (4) The applicant shall landscape and permanently maintain an area parallel to and along the entire exterior side of the fence facing the street, in accordance with a landscape plan approved by the Planning Director. All or any portion of such area may be located within the public right-of-way, subject to approval by the Planning Director. The landscaped area required herein shall be not less than five feet in width, except that where the available space between the fence and the interior edge of the sidewalk, or the edge of the street pavement where no sidewalk exists, is less than five feet, the Planning Director may approve a landscape area of not less than two feet. Prior to issuance of the fence permit, a landscape maintenance agreement shall be executed by the applicant and recorded in the office of the County Recorder, which agreement shall constitute a covenant running with the ]and. (5) The design of the fence shall be subject to approval by the Planning Director, based upon a finding that the fence is compatible with existing or proposed structures on the site and upon neighboring properties. (6) No permit shall be issued if the Planning Director finds that the fence will constitute a hazard for vehicular or pedestrian traffic or will otherwise be detrimental to the public health, safety or w e 1 far e. (b) Applications for a fence permit under this Section shall be filed with the Planning Director on such form as he shall prescribe, and shall be accompanied by a processing fee in such amount as established from time to time by resolution of the City Council. S 15-29.040 Fencing adjacent to scenic highways In addition to the regulations set forth in Section 15-29.010 of this Article, fences adjacent to State designated scenic highways shall comply with the following requirements: (a) Fence permit. No person shall construct any fence or wall which faces and is located within one hundred feet from the right-of-way of a State designated scenic highway without first obtaining a fence permit from the Planning Director. Application for such permit shall be submitted to the Planning Director on such form as he shall prescribe; and shall be accompanied by a processing fee in such amount as established from time to time by resolution of the City Council. (b) Setback. No fence or wall shall be constructed within fifteen feet from the property line abutting the right-of-way of a scenic highway. The Planning Director may require this minimum setback to be increased to a maximum of one hundred feet if he determines that such increased setback is necessary to preserve the scenic qualities of the highway. (c) Color, material and design. Fences or walls adjacent to scenic highways may be constructed of wood, stone, stucco~. masonry, wrought iron or similar material, but no chain link, plastic or wire fencing shall be permitted. The design, color and materials of the fence or wall shall be subject to approval by the Planning Rev. 1/14/87 -5- Director, based upon a finding that the fence or wall will not adversely affect the scenic qualities of the highway and will be compatible with the natural terrain. (d) Landscape screening. The applicant shall landscape and permanently maintain an area parallel to and along the entire length of the exterior side of the fence or wall facing the scenic highway, in accordance with a landscape plan approved by the Planning Director. Such landscape plan shall provide for the planting of trees and vegetation that are native to the area, fast growing, and require little or no maintenance. The Planning Director shall not approve the landscape plan unless he finds that the proposed landscaping will effectively screen the fence from public view and enhance the visual appearance of the scenic highway. Prior to issuance of the fence permit, a landscape maintenance agreement shah be executed by the applicant and recorded in the office of the County Recorder, which agreement shall constitute a covenant running with the land. (e) Height. The height of any fence or wall adjacent to a scenic highway shah comply with the regulations set forth in Section 15-29.010 of this Article; provided, however, where the applicant demonstrates to the satisfaction of the Planning Director that his property is subjected to greater noise impacts from the scenic highway as compared generally with other properties located adjacent to such highway, the Planning Director may approve a fence or wall not exceeding eight feet in height. As a condition of such approval, the Planning Director may require increased setbacks and landscaping to mitigate the visual impact of the higher fence or wall. (f) Exemption. This Section shall not apply to a fence lawfully constructed prior to March 20, 1987, if such fence does not create a safety hazard for vehicular, pedestrian or bicycle traffic and does not obstruct the safe access to or from adjacent properties; and provided further, that upon the destruction or removal of more than one-half of the length of such nonconforming fence, any replacement fence shah comply with the permit requirement and restrictions specified in this Section. 615-29.050 Barbed wire prohibited No fence or wall constructed or installed within the City shall contain barbed wire." SECTION 11: Paragraphs (b) and (c) of Section 15-80.020 in Article 15-80 of the City Code are deleted. SECTION 12: Subparagraph (b)(1) of Section 15-95.030 in Article 15-95 of the City Code is amended to read as follows: "(1) Regulations concerning fences, walls and hedges, as set forth in Article 15-29." SECTION 13: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions Rev. 1/14/87 -6- of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. SECTION 14: This Ordinance shall be in full force and effect thirty days after its passage and adoption. ****** The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council held on the 18th day of Februai-y~ ]987, by the following vote: AYES: Councilmembers Anderson, Clevenger, l~oyles, and Peterson NOES: None ABSENT:Mayor Hlava ABSTAIN: None 'MAYOR which has been 9ate Rev. 1/14/87 -7-