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HomeMy WebLinkAbout102-Attachment A - Resolution .pdfRESOLUTION NO. Application No. ZOA 07-0001 MODIFICATIONS TO ARTICLE 15 OF THE SARATOGA MUNICIPAL CODE RELATED TO REGULATIONS AFFECTING FENCES, WALLS, AND HEDGES WHEREAS, the City Council has received a request to consider amendments of certain sections of the Zoning Code relating to fences, walls, and hedges; and WHEREAS, the City Council held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; WHEREAS, the staff presented sufficient information required to evaluate the proposed amendments; WHEREAS, an Initial Study and a Notice of Intent to adopt a Negative Declaration were available for public review from December 3, 2007 through January 3, 2008 and no comments were received; WHEREAS, all Interested Parties desiring to comment on the Negative Declaration were given the opportunity to submit oral and written comments on the adequacy of the Negative Declaration prior to this recommendation by the Planning Commission; WHEREAS, the Negative Declaration has been completed in compliance with the intent and requirements of the California Environmental Quality Act (CEQA) and the CEQA Guidelines, and the Negative Declaration represents the City’s independent judgment. WHEREAS, pursuant to CEQA and CEQA Guideline Section 15025, subd. (c), the City Council has reviewed and considered the Initial Study and Negative Declaration and has determined that the Project could not have a significant effect on the environment. NOW, THEREFORE, the City Council of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of all of the testimony and related information the City Council of the City of Saratoga does hereby approve the Negative Declaration and the proposed amendments to Chapter 15 Zoning Regulations of the City Code as stated below. Deleted language is shown in strikeout text and new language is shown in bold text with double underline. Text in standard font remains unchanged. Article 15-06 DEFINITIONS 15-06.261 Fence. “Fence” means any structural device, other than a wall of a building, forming a physical barrier by means of glass, wood, masonry, metal, chain, brick, stake, plastic, concrete block, wrought iron, wire, or other similar materials. A wall, other than a wall of a building or a retaining wall, is considered a fence. 15-06.341 Height of fence s, walls and hedges. "Height of fences, walls and hedges" means a vertical line from the highest point of the fence (including lattice or similar material), wall or hedge to a point directly below at either the natural grade or the finished grade, at the owners choice. whichever grade is lower. Where a fence is constructed upon, or approximately parallel to and within two feet of the top of a retaining wall, the height of the fence shall be the vertical distance measured from the top of the fence to the bottom of the retaining wall in the manner prescribed herein. Where there are differences in grade between adjacent properties, the fence height is measured from the property with the higher grade, except for street and driveway intersections which shall comply with subsections 15-29.010(e), (g), and (h). (grade) (grade) 15-06.xxx Hedge. A hedge means a series of trees or other natural landscaping planted in a linear and uninterrupted pattern such that a boundary is created. The natural landscaping must be able to stand on its own and shall not require supports upon maturity. A hedge is not a fence. Except for requirements related to street and driveway intersections as noted in subsections 15-29.010(e), (g), and (h) there are no limitations on the height of hedges. 15-06.xxx Height of retaining wall. "Height of retaining wall" means a vertical line from the highest point of the retaining wall to a point directly below the lowest natural grade, except for street and driveway intersections as discussed in subsections 15-29.010(e), (g), and (h). 15-06.xxx Retaining Wall. A retaining wall means a structural device constructed and erected to resist lateral pressure from earth or to retain soil. Article 15-29 FENCES, WALLS AND HEDGES 15-29.010 Height restrictions. (a) General regulations.General regulation. Except as otherwise specified in this Article, no fence or wall shall exceed six feet in height. A building permit shall be required for any fence more than six feet in height. Height maximums and permitted materials for fences shall be as follows: (1) Solid fences. Except as otherwise specified in this Article, no solid fence shall exceed six feet in height. However, up to two feet of lattice (or similar material) that is at least twenty-five percent open to the passage of light and air may be added to the top of a solid fence. A solid fence taller than six feet shall not be permitted unless approved by the Planning Commission through the exception process detailed in 15- 29.080, or approved by the Community Development Director pursuant to sections 15-29.030, 15-29.040, or 15-29.050 of this Chapter. (2) Open fences. Except as otherwise specified in this Article, open fencing, such as wrought iron, wire material, split rail, chain link, or other similar fencing shall not exceed eight feet in height. With the exception of chain link fencing, open fencing shall have openings sufficient to allow the unobstructed passage of a sphere having a diameter of four inches. For chain link fencing, the opening shall be two inches at minimum and no slats are allowed in any opening. (b) Front setback area. No fence located within any required front setback area shall exceed three feet in height. (c) and eExterior side setback area of reversed corner lots. No fence or wall located within any required exterior side setback area of a reversed corner lot shall exceed three feet in height. (d) The height limitations do not apply to the following circumstances: Exceptions to these height limitations are as follows: (1) A fence or wall lawfully constructed prior to March 20, 1987, may extend to a height not exceeding six feet, if such fence or wall does not create a safety hazard for vehicular, pedestrian or bicycle traffic and does not obstruct the safe access to or from adjacent properties; provided, however, that upon the destruction or removal of more than one-half of the length of such nonconforming fence or wall, any replacement fence or wall shall not exceed three feet in height. (2) (1) Wrought iron entrance gates within the front setback area, designed with openings to permit visibility through the same, may extend to a height not exceeding five feet, and shall be located a minimum of twenty feet from the edge of street pavement. (3) (2) Safety railings that are required by the Uniform California Building Code shall be excluded from the height requirements of this Section. (3) Pedestrian entryway elements, such as arbors and trellises, when attached to a fence within a front setback area or within an exterior side setback area, may be permitted to a maximum height of eight feet, a maximum width of five feet, and a maximum depth of five feet. (d) (e) Street intersections. No fence, wall or compact, hedge, retaining wall, entryway element, pilaster, gate, or other similar element located within a triangle having sides fifty feet in length from a street intersection, as measured from intersecting curblines 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. (f) Flag lots and other lots where the front lot line is not adjacent to the street and abuts side or rear setback areas of adjacent lots. Any lot where the front setback area, or a portion thereof, of the subject property: (1) does not have street frontage as defined by Article 15-06.290; and (2) the front lot line, or a portion thereof, of the subject property abuts the side or rear setback area of an adjacent property, the maximum permitted fence height for side or rear setback area shall be permitted within the front setback area of the subject property where it abuts the side or rear setback area of an adjacent property. (g) Driveway Intersections. No fence, hedge, retaining wall, entryway element, pilaster, gate, or other similar element located within a triangle having sides twelve feet in length from either side of a driveway where it intersects with edge of pavement shall exceed three feet in height above the established grade of the adjoining street. Ordinance size trees are not subject to this requirement. Property Line Edge of pavement (h) Vehicular Obstructions. No fence, hedge, retaining wall, entryway element, or any other similar element shall constitute an obstruction as provided for in City Code Section 10-05.030. Provided for reference only, emphasis added: 10-05.030 Types of obstructions. The following is a nonexclusive list of obstructions which, under this Article, are deemed to obstruct the view from vehicles traveling on public streets and the passage of pedestrians on the sidewalks, and the same are declared to constitute a public nuisance: (a) Any tree, hedge, shrub or structure overhanging a public street or sidewalk, the lowest part of which is less than ten feet above such street or sidewalk. (b) Any tree located within a triangle having sides fifty feet in length from a street intersection, as measured from intersecting curb lines or intersecting edges of the street pavement where no curb exists, the limbs of which are less than ten feet above the ground surface. (c) Any hedge, shrub, sign or other structure located within a triangle having sides fifty feet in length from a street intersection, as measured from intersecting curb lines or intersecting edges of the street pavement where no curb exists, the overall height of which is more than three feet above the established grade of the adjoining street. (d) Any vegetation, structure or object which is so situated as to in any manner interfere with the unobstructed view by motorists, bicyclists or pedestrians of approaching or intersecting traffic or the view of traffic control devices or directional signs placed upon any street or right-of-way for the safety of the public. (i) (d) Recreational courts. Fencing around recreational courts shall comply with the regulations contained in Section 15-80.030(c) of this Chapter. (j) (e) Pilasters. Pilasters constituting a part of a fence, 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, but in no case shall the height of pilasters exceed eight feet. If pilasters within the front setback area are attached to a wrought iron entrance gate, the pilasters are permitted to a maximum height of seven feet. (k) (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. (l) Swimming Pool Fences. Fences required for swimming pools are governed by City Code Section 16-75.010 and 15-29.020(e). (m) (g) Retaining walls. No retaining wall shall exceed five feet in height. Notwithstanding the foregoing, no retaining wall located in a front or exterior side setback area shall exceed three feet in height. (h) Fencing adjacent to commercial districts. The Community Development Director may issue a special permit to allow a fence up to eight feet in height where such fence is installed along a rear setback area or interior side setback area of a residential site which abuts a commercial district. The Community Development Director may impose such conditions deemed appropriate to mitigate any visual or other adverse impacts of the fence, including, but not limited to, requirements with respect to the design and materials of the fence and landscape screening. Applications for a special permit under this subsection shall be filed with the Community Development 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 the City Council. (Amended by Ord. 71.86 § 1, 1991; Ord. 71-106 § 6, 1992; Ord. 245 § 2 (Att. A) (part), 2006) 15-29.020 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 HR or R-OS district shall comply with the following regulations: (a) (c) Area of Enclosure. Except for fencing which constitutes part of a corral, no fencing on a single site shall encompass or enclose an area in excess of six thousand square feet or 15 percent of the gross site area, whichever is greater, unless approved by the Planning Commission. The fencing shall meet the requirements stipulated in 15-29.010 of this Chapter. “Encompass and enclose,” as used in this subsection, shall mean to surround an area with a continuous fence or a fence. (b) Fencing Outside Area of Enclosure. Except for fencing which constitutes part of a corral or fencing required by the California Building Code for swimming pools, fencing outside the area of enclosure shall not exceed three feet in height, and shall be split rail fencing, stone wall, or stucco. (a) Length of solid fences and walls. Solid fences 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. (c) (b) Parallel retaining fences and walls. Parallel retaining fences and walls shall be separated by a horizontal distance of not less than five feet. Where two or more fences or retaining walls 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. (d) Wildlife trails. No fence shall unreasonably impede the movement of wildlife animals utilizing an established trail or migratory route which crosses the site. (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 Commission, which approval may be granted in any of the following cases: (1) Where the Planning Commission finds and determines that the visibility of the fence from public streets and adjacent properties will substantially be reduced by the topography, landscaping or other features of the site. (2) Where the Planning Commission finds and determines that the fence is required for safety reasons. (3) Where an exemption from the restriction against fencing enclosure has been granted by the Planning Commission for a “designated neighborhood area,” as hereinafter defined, in response to a petition for such exemption signed by the owners of lots comprising not less than sixty percent of the designated area. Before granting such exemption, the Planning Commission shall conduct a public hearing on the petition, with notice thereof sent by mail at least ten days prior to the date of the hearing to all persons owning property located within the designated neighborhood area and within five hundred feet from the boundaries of such area. As a condition for granting an exemption, the Planning Commission may establish alternative rules concerning the enclosure of sites in the designated neighborhood area, including, but not limited to, rules pertaining to the amount of enclosure, the design and type of fencing, and mitigation of visual impacts; provided, however, in no event shall such rules permit enclosure of more than sixty percent of the gross site area, or the installation of any solid fences or walls, or use of any fencing material having exposed sharp points, or the installation of any fencing within an area dedicated as open space. The term “designated neighborhood area,” as used in subsection (c)(3) of this Section, means a geographic portion of a hillside zoning district, as designated by the Planning Commission, consisting of not less than ten lots which are contiguous to each other. Lots which are separated only by a street shall be considered contiguous. If a petition for exemption is presented by owners of any lots shown on a recorded subdivision or tract map, the Planning Commission may, in its discretion, require that all of the lots shown on such map be included within the designated neighborhood area. Additional contiguous lots may be annexed to an existing designated neighborhood area upon application by the property owner and approval by the Planning Director, based upon his determination that the additional lot has similar topography, visibility, or other features shared by the lots within the designated neighborhood area. (d) Wildlife trails. No fence shall unreasonably impede the movement of wildlife animals utilizing an established trail or migratory route which crosses the site. (e) Wire fences. Wire fencing, other than chain link, barbed wire or galvanized wire, shall be permitted only if the space between the wire is sufficient to allow the unobstructed passage of a sphere having a diameter of four inches and the wire is black or otherwise colored to blend with the terrain. Chain link fencing shall be permitted only for recreational courts and shall similarly be colored to blend with the terrain. No barbed wire fencing shall be allowed except as permitted by Section 15-29.050 of this Article. (e) Swimming Pool Fences within hillside districts. When a fence already encompasses or encloses more than six thousand square feet on a single site, and a swimming pool fence is required for a swimming pool that is not located within the area of enclosure as described in Article 15-29.020(a), an additional area around the swimming pool may be enclosed with a fence, provided the swimming pool fence follows the contour of the pool with no more than ten feet of distance located between the fence and edge of water. (f) The provisions of this Section shall not apply to any property located within and constituting a part of Tract 7763, as shown on the subdivision map thereof recorded in the office of the County Recorder. (Amended by Ord. 71.89 § 1, 1991; Ord. 71.98 § 4, 1991; Ord. 71.113 § 3, 1992) (g) Any property located within and constituting a part of Tracts 6526 and 6528 (Parker Ranch Subdivision), as shown on the subdivision map thereof recorded in the office of the County Recorder shall meet the regulations stipulated in Resolution FE-90-001 or successor amendments. (h) 15-29.030 Fencing adjacent to commercial districts. The Community Development Director may issue a special permit to allow a solid fence, or other type of fence permitted by this Article, fence up to a maximum of eight feet in height where such fence is installed along a rear setback area or interior side setback area of a residential site which abuts a commercial district. The Community Development Director may impose such conditions deemed appropriate to mitigate any visual or other adverse impacts of the fence, including, but not limited to, requirements with respect to the design and materials of the fence and landscape screening. Applications for a special permit under this subsection shall be filed with the Community Development 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 the City Council. (Amended by Ord. 71.86 § 1, 1991; Ord. 71-106 § 6, 1992; Ord. 245 § 2 (Att. A) (part), 2006) 15-29.030 15-29.040 Fencing to mitigate noise from certain arterial streets. (a) For the purpose of noise mitigation, a solid fence, or other type of fence permitted by this Article, exceeding the height otherwise prescribed in this Article as the limit for such fence may be located within any required setback area abutting Prospect Road, Saratoga/Sunnyvale Road, Quito Road, the portion of Saratoga Avenue between Fruitvale Avenue and Lawrence Expressway or the portion of Cox Avenue between Saratoga/Sunnyvale Road and Saratoga Avenue, upon the issuance by the Community Development Director of a fence permit and subject to the following provisions: (1) Where the fence is located within an exterior side setback area or rear setback area 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 setback area. (2) Where the fence is located within a front setback area 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 front setback area. (3) Where a street line is located within a site, the location and setback of the fence as specified in subsections (a)(1) and (2) of this Section shall be determined by the street line rather than the property line. (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 Community Development Director. All or any portion of such area may be located within the public right-of-way, subject to approval by the Community Development 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 Community Development 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 land. (5) The design of the fence shall be subject to approval by the Community Development 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 Community Development 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 welfare. (b) Applications for a fence permit under this Section shall be filed with the Community Development 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. (Amended by Ord. 71.110 § 2, 1992; Ord. 245 § 2 (Att. A) (part), 2006) 15-29.040 15-29.050 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 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 shall 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 shall 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 shall comply with the permit requirement and restrictions specified in this Section. 15-29.050 15-29.060 Barbed wire and electrified wire prohibited. No fence or wall constructed or installed within the City shall contain barbed or electrified wire unless approved by the Planning Commission, based upon a finding that the barbed or electrified wire is necessary for security purposes and that measures will be taken, when appropriate, to mitigate any adverse impacts of such wire. 15-29.060 15-29.070 Fences adjacent to heritage lanes. In addition to the regulations set forth in Section 15-29.010 of this Article, fences adjacent to a designated heritage lane shall comply with the following requirements: (a) Fence permit. No person shall construct any fence or wall which faces and is located within fifty feet from the right-of-way of a designated heritage lane, and which exceeds three feet in height, without first obtaining a fence permit from the Community Development Director. Application for such permit shall be submitted and processed in the manner provided in Article 13-20 of the City Code. If the Heritage Commission recommends issuance, the Community Development Director shall issue the permit in accordance with those recommendations and any condition related but not limited to the design standards set forth in subsections (c), (d), (e) and (f) of this Section and pursuant to the process prescribed in Article 13-20. (b) Supporting data. The level of detail of the supporting data required by Section 13-20.030 shall be determined by the Community Development Director to allow adequate review of the proposed fence or wall. (c) Setback. No fence or wall which exceeds three feet in height shall be constructed within the required setback area fronting a heritage lane. This minimum setback may be required to be increased to a maximum of fifty feet upon the finding that such increased setback is necessary to preserve the historic qualities of the heritage lane. (d) Color, material and design. Fences or walls adjacent to a the heritage lane may be constructed of wood, stone, masonry, wrought iron or similar material. The design, color and materials of the fence or wall shall be approved based upon a finding that the fence or wall will not adversely affect the historic qualities of the lane and will be compatible with the design and materials of existing buildings on the site and structures on adjacent properties. (e) Height. The height of any fence or wall adjacent to the a heritage lane shall comply with the regulations set forth in Section 15-29.010 of the City Code. (f) Landscaping. The applicant shall landscape and maintain an area within the right-of-way, parallel to and along the entire length of the exterior side of a fence or wall in excess of three feet in height and facing the heritage lane, in accordance with a landscape plan approved by the Community Development Director. Such landscape plan shall provide for the planting of trees and vegetation that are native to the area and require little or no maintenance. The landscape plan may be approved by the Community Development Director upon the finding that the proposed landscaping will effectively blend the fence with its environment and enhance the visual appearance of the lane. (g) Exemption. This Section shall not apply to a fence lawfully constructed prior to September 16, 1992, 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 shall comply with the permit requirement and restrictions specified in this Section. (Ord. 71.110 § 1, 1992; Ord. 245 § 2 (Att. A) (part), 2006) 15-29.080 Exemption for Agricultural Uses. Fencing around the immediate perimeter of an orchard, vineyard, equestrian facility or similar agricultural use is exempt from this Chapter. This exemption applies to Raising of fruit and nut trees, vegetables and horticultural specialties, but does not include nurseries, greenhouses or storage of landscaping equipment, products or supplies for commercial uses. 15-29.090 Fence Exceptions. (a) The owner(s) of a fence, or proposed fence, including any gates or pilasters attached thereto, may request that the Planning Commission grant an exception to the regulations regarding fences. The Planning Commission may grant this exception if all of the following findings are made: (1) The subject fence will be compatible with other similar structures in the neighborhood; (2) The entirety of the subject fence will be constructed of materials that are of high quality, exhibit superior craftsmanship, and that are durable; (3) The modification will not impair the integrity and character of the neighborhood in which the fence is located; (4) The granting of the exception will not be detrimental or injurious to the property, adjacent neighbors, or improvements in the general vicinity and district in which the property is located; and, (5) The granting of the exception will not create a safety hazard for vehicular, pedestrian or bicycle traffic and does not obstruct the safe access to and from adjacent properties. (b)For exceptions proposed in the HR or R-OS districts, the Planning Commission may grant the exception if, in addition to the findings made in subsection (a), it also makes all of the following findings: (1) The visibility of the fence from public streets and adjacent properties will substantially be reduced by the topography, landscaping or other features of the site; and, (2) The fence does not unreasonably impede the movement of wildlife animals utilizing an established trail or migratory route which crosses the site; and, (3) In the event the exception is to increase the area of enclosure pursuant to Section 15-29.020(a), the fence is required for safety reasons. (c) A public hearing on the application for exception approval under this Article shall be required. Notice of the public hearing shall be given not less than ten days nor more than thirty days prior to the date of the hearing by mailing, postage prepaid, to the applicant and to all persons whose names appear on the latest available assessment roll of the County as owning property within five hundred feet of the boundaries of the parcel which is the subject of the application. Notice of the public hearing shall also be published once in a newspaper having general circulation in the City not later than ten days prior to the date of the hearing. (d) A decision or determination made by the Planning Commission under this Article may be appealed to the City Council in accordance with the procedure set forth in Article 15-90 of this Chapter. 15-29.100 Existing Legal Non-Conforming Fences, Pilasters, Entryway Trellises. Upon destruction or removal of more than one-half length of a legal non-conforming portion of a fence, gate, pilaster, or entryway trellis, the element shall be constructed to meet height requirements as prescribed in this chapter or be approved by an exception process described in section 15-29.080 of this chapter. 15-80.030 Special rules for accessory uses and structures in residential districts. (c) Recreational courts. Subject to approval by the Community Development Director, recreational courts may be allowed, provided that such recreational courts shall comply with all of the following restrictions, standards and requirements: (1) The recreational court shall not exceed seven thousand two hundred square feet in area. (2) The recreational court shall not be illuminated by exterior lighting. (3) No direct opaque screening shall be utilized around any portion of the recreational court. (4) No fencing for a recreational court shall exceed ten feet in height. (5) No recreational court shall be located in a required front or side setback area. Such courts may be located within a required rear setback area, but no closer than fifteen feet from any property line. (6) The natural grade of the area to be covered by the recreational court shall not exceed an average slope of ten percent, unless a variance is granted pursuant to Article 15-70 of this Chapter. (7) The recreational court shall be landscaped, in accordance with a landscape plan approved by the Community Development Director, so as to create a complete landscaping buffer from adjoining properties within two years from installation. In addition, a bond, letter of credit or other security, in such amount as determined by the Community Development Director, shall be furnished to the City to guaranty the installation of the landscaping improvements in accordance with the approved landscaping plan. (8) The recreational court shall be designed and located to minimize adverse impacts upon trees, natural vegetation and topographical features and to avoid damage as a result of drainage, erosion or earth movement. (9) The recreational court shall be designed to preserve the open space qualities of hillsides, creeks, public paths, trails and rights-of-way on or in the vicinity of the site. Section 2. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 4th day of February, 2009, and was adopted by the following vote following a second reading on the (Insert Date) 2009: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: _________________________________ _____________________________ Chuck Page Ann Sullivan MAYOR CITY CLERK Saratoga, California Saratoga, California APPROVED AS TO FORM: __________________________________ Richard Taylor, CITY ATTORNEY Saratoga, California