Alternatively, the Council may refer the matter to the Planning Commission for a recommendation.

Transcription

1 AGENDA ITEM #5.B TOWN OF LOS ALTOS HILLS Staff Report to the City Council November 17, 2016 SUBJECT: APPEAL OF A DECISION TO RECORD A NOTICE OF CODE VIOLATION AGAINST THE PROPERTY FOR THE CONSTRUCTION OF A FENCE WITHIN THE PUBLIC RIGHT-OF-WAY. LANDS OF SOUSA; SUMMIT WOOD ROAD; FILE # MISC FROM: Suzanne Avila, AICP, Planning Director ~ APPROVED: Carl Cahill, City Manager C~C.. RECOMMENDATION: That the City Council: Uphold the decision of the Planning Department and proceed with the recording of a lien on the subject property, unless the applicant is willing to abate the violation by removing or relocating the fence to comply with the Fence Ordinance. Alternatively, the Council may refer the matter to the Planning Commission for a recommendation.. BACKGROUND The subject property is located at Summit Wood Road, off Tepa Lane and before its intersection with La Loma Drive. The property has had an open code violation since May 27, 2016 as a result of the installation of a fence that was constructed within the Summit Wood Road right-of-way. Pursuant to Section of the Los Altos Hills Municipal Code (LAHMC), "no fence, wall, gate, or column structure shall be erected or replaced without the prior issuance of a Zoning or Site Development Permit from the Town." Section of the LAHMC, a 4Yz foot tall, open style fence is required to be at least 30 feet from the centerline of the road right-of-way. The fence was constructed approximately 10 to 15 feet from the center of the Summit Wood Road right-of-way. The property owner has also recently constructed a permitted fence that is 35 feet away from the centerline of Summit Wood Road (see Image 1 on the following page). Preceding the original fence installation, the owner had discussed moving the fence five feet closer to the right-of-way which is a permissible distance (30 feet from the center of the road right-of-way). The owner has concerns with potential privacy issues that would result in the removal of the unpermitted fence. The owner has also stated that there was previously an old six (6) foot high solid fence in the same location (see appeal letter, Attachment 1). The Town does not have any record of a previous fence permit. In addition, it appears that the original fence was removed prior to 2007 based on a review of Good Earth images for the area.

2 City Council Lands of Sousa, Summit Wood Road November 17, 2016 Page 2 Discussion On December 17, 2015, the owner of Summit Wood Road submitted an application for a zoning permit for a four (4) foot tall open style fence to be located 35 feet from the centerline of the Summit Wood Road right-of-way. The fence permit was approved by the Planning Department on January 6, The applicant had discussed the potential of revising the plan such that the fence would be modified to be 30 feet from the centerline of Summit Wood Road right-of-way, however no additional plans were submitted and the revision was not approved. The approval letter and plan for the permitted fence are included as Attachment 2. On May 27, 2016 the Planning Department received a complaint that a fence was being constructed within the right-of-way on Summit Wood Road. Staff conducted a site inspection resulting in the issuance of a "Stop Work" notice to the owner as an additional fence was being constructed within the road right-of-way. A Notice of Code Violation was sent to the owner on June 10, 2016 with a request to respond by June 29, A follow-up Notice of Code Violation was sent on August 10, 2016 providing the owner until September 1, 2016 to respond to the Town. On September 2, 2016 a Notice of Intent to Record a code violation was sent via certified mail (the notice was received on September 10, 2016). Since the notice stated a response date of September 18, 2016, and the owner did not feel this was adequate time to prepare a response, a second Notice of Intent to Record was issued with a deadline of October 4, 2016 for the owner to remove the fence or file an appeal. On October 4, 2016 the owner submitted an appeal of the decision of to record a Notice of Code Violation against the property. A variance would be required to approve the fence in its current location. Staff does not believe that there are extraordinary circumstances applicable to the subject property that would justify the granting of a variance. There is currently a mix of approved and unlawful fences in the neighborhood. Both neighboring properties have fences that are set back from the road (see Image 3). An encroachment permit would also need to be issued by the Public Works Department since the fence is within the right-of-way. Image 1. Legal conforming fence on the left (35 feet from centerline), unpermittedfence on the right along Summit Wood Road.

3 City Council Lands of Sousa, Summit Wood Road November 17, 2016 Page 3 Image 2. Unpermittedfence along Summit Wood Road PUBLIC COMMENT Image Summit Wood Road Fence on the Left with fence on neighboring property on the Right As of the writing of the staff report, staff has not been contacted or received any written comments regarding this appeal. CONCLUSION The fence at Summit Wood road is located within the road right-of-way and is in violation of Municipal Code Section To permit the existing fence, a variance would need to be granted by the Planning Commission, and an encroachment permit would need to be issued by the Public Works Department. Staff does not support granting of a variance due to potential safety

4 City Council Lands of Sousa, Summit Wood Road November 17, 2016 Page 4 hazards and because there are not any unusual site characteristics or extraordinary circumstances that would support the unpermitted fence in its current location. The Town has followed the procedure for recording a lien on the property for the outstanding code violation on the property in the event that the owner does not remove the unpermitted fence. If the owner is unwilling to remove the fence, the Town can remove it since the fence is within the right-of-way. The property owner would be responsible for all expenses incurred by the Town for the removal of the fence. FISCAL IMP ACT There is no fiscal impact to the Town associated with this project. ENVIRONMENT AL CLEARANCE (CEQA) Fences are categorically exempt from the provisions of the California Environmental Quality Act pursuant to Section 15303(e). ATTACHMENTS 1. Property owners appeal letter 2. Notice oflntent to Record 3. Approval letter for zoning permit for compliant fence Report Prepared by: Genevieve Fernandez, Assistant Planner

5 Council members of Town of Los Altos Hills, Attachment 1 I am appealing the decision of the town planning staff to deem the placement of my fence as being in violation of the towns municipal code. This past year I moved into the house my grandpa built for my grandmother in 1972 located at summitwood roads and immediately noticed the 6 foot solid fence which created the backyard wasn't there anymore. My entire life and the entire time the parcel has ever been developed, there was a six foot solid fence located where I put my four foot open fence. After glancing at the fence ordinance, I felt that the fence four foot open fence consistent with its intent to "preserve the openness and beauty of the town"; Though I would rather have replaced the six foot solid fence that was there originally. After all, the original fence provided the lot at least side of privacy, essentially created the backyard, and provided more security, but in trying to honor the intent of the ordinanc_e, I chose to temporarily sacrifice the complete privacy and security increased security provided by the six foot solid fence, thinking I would just plant some fast growing California natives along the fence to eventually recover the privacy and security I no longer have with the four foot open fence. I had no reason to believe I couldn't put the fence where the original had been. To my disbelief, the town now claims that I cannot place the fence where the fence has always been, However, I believe that when street was accepted as a public street and the six foot solid fence was there, the town accepted the edge of the road as the edge of the right of way and the road had been improved to the towns standards. Otherwise the town should have obtain additional r/w and slope easements since my deed only grants only 20fV30ft r/w. Finally, the reasons being based upon the nature and... topography of my lot and the unreasonable hardships and burdens that placement anywhere else creates are substantial enough to justify where my fence is. History has proven the fences placement does not endanger, interfere, or impede with traffic or pedestrians safety. Nature of the lot: *lot has frontage on three sides, so there is no discernible back or side yards. No privacy from street. * huge percentage of lots perimeter is abutting the street ft of total of perimeter-79% *lots that abut two streets only have to dedicate r/w on one of the two streets, it is unfair that my lots has to dedicate r/ w along entire 3/4 "sides" just because it abuts just one street one three sides, not two or more streets. *lot is very narrow and long -ave 127 ft x 350 ft. After setbacks are applied,lot left with only 67 ft x 290 ft *lot has a very steep slope. On side in question, it is anywhere from 30% to 60%. *there is no shoulder next to the slope. Undue hardships and burdens: *fence below finished grade of street provides no screening for privacy. Master bathroom toilet clearly seen from the street *completely severs the large flat portion of my lot (>3500sq ft) from any use and enjoyment *makes any maintenance of that area almost impossible, as all leaf debris must be done from the street, and working against gravity as debris will have be pulled up the hill. *as there is no shoulder once debris is pulled up the hill, it must immediately be moved to my driveway so a pile can be made. *this is a huge burden, and would be dangerous as well, such that maintenance the land would likely be abandoned creating a significant fire hazard. Thank you for your just decision in this matter. I have enclosed the fee for the appeal hearing Lisa Sousa Summit Wood Rd LAH, CA RECEIVED OCT~ TOWN OF LOS ALTOS HILLS

6 Attachment 2 NOTICE OF INTENT TO RECORD NOTICE OF CODE VIOLATION September 19, 2016 via Certified Mail/First Class Karin and Walter Sousa Summit Wood Road Los Altos Hills, CA RE: Fence Summit Wood Road File# Dear Karin and Walter Sousa: This Notice of Intent to Record a Notice of Code Violation ("Notice") is furnished to you pursuant to the terms of Section of the Town of Los Altos Hills ("Town") Municipal Code. Los Altos Hills Planning Staff has determined that code violations continue to exist at your property at Summit Wood Road. Attached to this letter are copies of the Notice of Code Violation letters, dated June 10, 2016, and August 10, In the June 10, 2016 notice you were given until June 29, 2016 to comply with the Town's fence requirements. On August 10, 2016 you were given until September 1, 2016, however to date, the violations have not been corrected. Per Section of the Los Altos Hills Municipal Code, "no fence, wall, gate, or column structure shall be erected or replaced without the prior issuance of a Zoning or Site Development Pennit from the Town." No later than fifteen (15) days after the date of this Notice, you may appeal to the City Council the decision of the Planning Staff to record a Notice of Code Violation against your property. In order to appeal the decision, you must submit a written appeal letter explaining the reasons for the appeal to the City Clerk, along with an appeal fee paid to the Town of Los Altos Hills. The City Council shall, not later than forty-five ( 45) days after the date of an appeal is filed, conduct a hearing to consider the action of the Planning Director and examine any evidence or testimony you wish to present to the Council. At least fifteen (15) days prior to the hearing, the Town shall provide written notice to you and neighboring property owners within five hundred (500') feet of your property regarding the date and time of the hearing.

7 If no appeal is filed within fifteen (15) days, or if the violation continues to exist after Council direction regarding compliance, the Town will record a Notice of Code Violation against your property with the Santa Clara County Recorder's Office on October 4, Once such Notice is recorded, administrative code compliance fees will be due, and the processing of any permits associated with your property may not occur until the Notice of Code Violation is released. The Town shall not, however, withhold issuance of any permits that are necessary to bring your property into compliance. Thank you in advance for your cooperation. Feel free to call me at ( 650) if you have any questions. Sincerely, Genevieve Fernandez Assistant Planner Cc: Suzanne Avila, AICP, Planning Director Enclosure: 1. Section of the Los Altos Hills Municipal Code 2. Code Violation Letters dated June 10 and August 10, Fence Ordinance Section of the Los Altos Hills Municipal Code

8 Notice of code violations. (a) In addition to any other remedy provided for violations of the provisions of the Municipal Code, or any other ordinance of the Town, or the provisions of any code adopted by reference by the Municipal Code ("Code"), whenever the Planning Director has knowledge of an alleged violation that relates in any way to the use or occupation of real property within the Town, he or she may provide a notice of code violation to the owner of the property upon which the alleged violation is located and, where different from the owner, if known, to the person(s) responsible for causing or maintaining such alleged violation. (b) The notice shall specify the property address, the owner's name, any responsible party's name, if known, and the nature of the alleged violation(s), including reference to the pertinent Code section(s). The notice shall provide a list of corrections needed to bring the property into compliance, and a deadline or specific date to correct the violations. The notice shall also indicate the potential consequences should the property remain in violation, including, but not limited to: criminal prosecution, civil injunction, civil penalties, administrative costs, recordation of the notice, and withholding of future permits and inspections. The potential consequences listed should be commensurate with the nature and severity of the alleged violation. (c) The notice shall also state that within twenty (20) days after the date of the mailing of the notice, the owner and/or any responsible person may request a meeting with the Planning Director to present evidence that a violation does not exist. If a meeting is requested, the Planning Director shall arrange to meet with the owner and/or responsible person as soon as possible, but not later than five (5) working days after receipt of the request for a meeting. ( d) In the event a meeting is not requested and the alleged violation has not been corrected or a corrective plan of action is not approved by the Planning Director within twenty (20) days after the date of the mailing of the notice or in the event that, after consideration of evidence, the Planning Director determines that one or more violations of the Code in fact exists, the Planning Director shall issue a notice of intent to record the notice of code violation. The notice of intent shall be provided to the property owner and any responsible party. ( e) If the owner or the responsible person disagrees with the determination of the Planning Director, either party may appeal the decision to the City Council by providing a written request to the City Clerk or to the Planning Director, along with an appeal fee as set forth in the Town's fee schedule, not later than fifteen (15) days after the date of the mailing of the notice of intent to record the notice of violation. (f) The City Council shall, not later than forty-five ( 45) days after the date an appeal is filed, conduct a hearing to consider the action of the Planning Director and the evidence of the appellant. At least fifteen (15) days prior to the hearing, the Town shall provide written notice to the affected property owner, any responsible person, if known, and neighboring property owners within five hundred (500) feet of the subject property regarding the date and time of the hearing. The City Council shall either affirm, modify, or reverse the decision of the Planning Director, and may attach conditions deemed necessary to assure compliance with Town regulations and to reimburse the Town for the costs of code compliance. (g) If no appeal is timely filed, or if directed by the decision of the Council on an appeal, the Planning Director may proceed with civil or criminal enforcement remedies, and shall record the notice of code violation with the office of the County Recorder of Santa Clara County. The recorded notice of code violation shall also include the name of the property owner, the assessor's

9 parcel number, and the parcel's legal description. A copy of the notice of code violation shall also be provided by certified mail to the property owner and any responsible person, if known. (h) A notice of release of code violation shall be issued by the Planning Director only if it is determined by the Planning Director or City Council that: (1) All violations listed in the notice of code violation have been corrected; (2) All necessary permits have been issued and finalized; (3) All civil penalties have been paid; ( 4) All administrative costs of code compliance have been paid. The notice of release of code violation shall also be recorded if a notice of code violation was previously recorded. (i) The Town shall cause a stop work notice to be issued for any work related to a code violation, and where a notice of code violation has been recorded, shall withhold permits for any alteration, repair, or construction on the property, or any permits pertaining to the use and development of the real property or any structure on such property until a notice of release of code violation has been issued by the Planning Director. The Town shall not withhold permits which are necessary to obtain a notice of release of code violation, or which are necessary to correct serious health and safety violations. (j) Whenever a notice is required to be given under this section, the following provisions apply, unless different provisions are otherwise specifically stated to apply: (1) Notice shall be given by personal service or certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by first class (regular) mail. If a notice that is sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned. (2) Notice to the property owner by mail shall be to the address shown on the last assessment roll or to any other address of the owner known to the Planning Director. In the event the owner's address is unknown, notice shall be posted in three (3) places on or in front of the property, in a form to be approved by the Planning Director. (3) Notice to any known responsible party shall be by mail to the street address of the property or to any other address of the responsible party known to the Planning Director. ( 4) Service by personal service or by certified or regular mail in the manner described above shall be effective on the date of personal delivery or the date of mailing. The failure of any person with an interest in the property to receive any notice served in accordance with this section shall not affect the validity of any proceedings taken under this chapter. ( 1, Ord , eff. February 17, 1995)

10 June 10, 2016 Karin and Walter Sousa Summit Wood Road Los Altos Hills, CA RE: Fence Summit Wood Road File# Dear Karin and Walter Sousa: It has come to the attention of the Planning Department that a fence has been constructed on your property located at Summit Wood Road. Per Section of the Los Altos Hills Municipal Code, "no fence, wall, gate, or column structure shall be erected or replaced without the prior issuance of a Zoning or Site Development Permit from the Town." On Planning staff conducted a site inspection on May 26, 2016 and confirmed that a new fence has been installed on the property without benefit of Town approval. We would like to find a way to work with you to correct this problem. Please submit an application for Site Development review or remove the fence. Please note that if the fence does not comply with the Town's ordinances and/or policies, modification may be necessary. Failure to submit the required plans to the Town for review by June 29, 2016 will result in Notice of Code Violation proceedings pursuant to Section of the Los Altos Hills Municipal Code. Thank you for your attention and cooperation. Please call me at (650) if you have any questions. Sincerely, Genevieve Fernandez Assistant Planner

11 August 10, 2016 Karin and Walter Sousa Summit Wood Road Los Altos Hills, CA RE: Fence Summit Wood Road File# Dear Karin and Walter Sousa: It has come to the attention of the Planning Department that a fence has been constructed on your property located at Summit Wood Road. A letter was sent on June 10, 2016 and the fence remains to be outstanding. Per Section of the Los Altos Hills Municipal Code, "no fence, wall, gate, or column structure shall be erected or replaced without the prior issuance of a Zoning or Site Development Permit from the Town." On Planning staff conducted a site inspection on May 26, 2016 and confirmed that a new fence has been installed on the property without benefit of Town approval. We would like to find a way to work with you to correct this problem. Please submit an application for Site Development review or remove the fence. Please note that if the fence does not comply with the Town's ordinances and/or policies, modification may be necessary. Failure to submit the required plans to the Town for review by September 1, 2016 will result in Notice of Code Violation proceedings pursuant to Section of the Los Altos Hills Municipal Code. Thank you for your attention and cooperation. Please call me at (650) if you have any questions. Sincerely, Genevieve Fernandez Assistant Planner

12 Los Altos Hills Municipal Code Up Previous Next Main Search Print Title 10 ZONING AND SITE DEVELOPMENT Chapter 1 ZONING Article 5. Area, Coverage, Height and Setback Limitations Fences, walls, gates and columns. (a) Purpose. The following regulations were created to preserve the beauty and open rural quality of the Town while acknowledging that residents have the right to fence their properties in order to protect their children, contain their animals, and maintain privacy. (b) Permits Required. No fence, wall, gate, or column structure shall be erected or replaced without the prior issuance of a Zoning or Site Development Permit from the Town. ( c) Definitions. The following definitions are established for the purpose of this article and the meaning and construction of words and phrases is as follows: Column means a round or square pillar, pole, or post flanking an entranceway constructed of such materials as brick, stone, concrete, or other materials. Includes mailbox columns. Fence means a structure serving as a barrier or screen constructed of wood, metal, wire, masonry, glass, plastic or any other material (not including graded berms or living hedges). Gate means a movable frame or solid structure that swings, slides, or rolls controlling ingress and egress through an opening in a fence, wall, or vegetation. Legal nonconforming structure (Refer to Section (h) of the Zoning Ordinance.) Open fence or gate means a fence or gate constructed in such a way so that no more than fifty (50) percent of the surface area obstructs a ground level view through the fence or gate. Points, spikes, and/or sharpened edges mean any end of a vertical bar that is capable of causing, or is likely to cause injury to people, pets, and/or wildlife. Solid fence or gate means a fence or gate constructed in such a way so that more than fifty (50) percent of the surface area obstructs a ground level view through the fence or gate. Wall means an upright structure of wood, stone, brick, or other substance or combination of substances serving to enclose, divide, support and usually having greater mass than a fence. ( d) Prohibited Fences, Walls, Gates, and Column Types. The following fences are prohibited: (1) Chain-link or cyclone fences, including any fence with bare lengths of wire stretched between metal poles, with the exception of dark green, black, or brown vinyl-coated chain-linked fences with matching vinyl-coated cross bars and caps. (2) Barbed or razor wire fences, including any fence with attached barbs, sharp points, or razors. Electric fences, including any fence designed to produce an electric shock, except where necessary for animal husbandry operations. (3) Any fence, wall, and/or gate that may cause harm to people, pets, and/or wildlife due to points, spikes, or sharpened edges on the top or bottom part of the fence, wall structure and/or gate. ( 4) Any perimeter fence, wall, gate, or column where the color reflectivity value exceeds fifty (50) percent. (5) Any fence, wall, gate, or column located within a public or private road right-of-way or pathway easement, except for a mailbox column with an approved permit. ( e) Fences, Walls, Gates and Columns Requiring Public Notice. Permit requests for the types of fences, walls, gates and columns identified below require notification of adjacent neighbors and neighbors across the street: (1) Fences, walls, gates and columns that require the removal of existing screening vegetation (trees and shrubs).

13 (2) Solid fences that impact neighbor views as defined by Section of this Code. (3) Any other proposal deemed appropriate by the Planning Director for a noticed hearing. Such proposals may include solid fences, as well as walls or vinyl-coated chain-link fences along any road right-of-way, and fences or walls longer than one thousand (1,000) linear feet. Open fences using natural materials and colors, including unpainted and stained white, brown or gray wood; welded or woven wire and wood posts; and natural stone and/or brick construction are preferred and generally not subject to public notice. Staff shall notice a permit hearing and conduct the permit review hearing pursuant to Section (b) except that only adjacent neighbors and neighbors across the street need to be notified. At or prior to the permit hearing, neighbors and the fence permit applicant shall be provided with notice that the approval or denial of any permit may be appealed pursuant to Section (t) Development Standards for Fences, Walls, Gates and Columns. (1) Fences and walls located on property lines or in setback areas that are not adjacent to a road right-ofway shall not exceed a maximum height of six (6) feet. (2) Fences and walls located in setback areas that are adjacent to a road right-of-way shall comply with the standards established in subsections ( 4) through (9). Height may be proportionately increased one foot for every ten (10) foot increase in setback, up to a maximum of six (6) feet in height. (3) Fences, walls, gates and columns located behind setback lines are not subject to these development standards. ( 4) Open Fences and Gates. (i) Minimum setback from centerline of adjacent public or private road right-of-way: thirty (30) feet. (ii) Maximum height of open fences and gates at the minimum setback from the centerline of adjacent public or private road right-of-way: four and one-half ( 4.5) feet. (iii) Minimum setback from centerline of adjacent public or private road right-of-way for six (6) feet tall open fences and gates located between adjacent public or private roadways and the structural setback line for the particular property: forty-five ( 45) feet. JO' (4 Open Fences (5) Solid Fences, Gates and Walls. (i) Minimum setback from centerline of adjacent public or private road right-of-way: thirty (30) feet. (ii) Maximum height of solid fences, gates, and walls at the minimum setback from the centerline of adjacent public or private road right-of-way: three (3) feet. (iii) Minimum setback from centerline of adjacent public or private road right-of-way for six (6) foot tall solid fences, gates, and walls located between adjacent public or private roadways and the structural setback line for the particular property: sixty (60) feet.

14 (S) Solid Fences.. Gates, ~rid Walls (6) Open Driveway Gates. (i) Minimum setback from centerline of adjacent public or private road right-of-way: thirty (30) feet. (ii) Maximum height of open driveway gates at the minimum setback from the centerline of adjacent public or private road right-of-way: four and one-half ( 4. 5) feet (average). (iii) Minimum setback from centerline of adjacent public or private road right-of-way for open driveway gates with a six (6) feet average height (seven (7) feet maximum height) located between adjacent public or private roadways and the structural setback line for the particular property: forty-five ( 45) feet. T i. fa;-.; Height..c::. ~ ::: (6) Open Driveway Gates (7) Columns. (i) Minimum setback from centerline of adjacent public or private road right-of-way: thirty (30) feet. (ii) Maximum height of columns at the minimum setback from the centerline of adjacent public or private road right-of-way: six (6) feet; seven (7) feet (with lights). (iii) Maximum height of columns located between adjacent public or private road right-of-way and the structural setback line for the particular property: six (6) feet; seven (7) feet (with lights).

15 he<ghl 2 inches a~ allowed An at!dh~llal for <1 lig"1 fixme. ~ t?tiill maximum hei ti.i fw the column a. light is 1 feel. (7) Co lumn:s (8) Outdoor Athletic Court Fencing. Maximum height of outdoor athletic court fencing located beyond the structural setback line for the particular property: ten (10) feet. (9) Open Space/Conservation Easement Perimeter Fences. (i) (ii) Maximum height of open space/conservation easement perimeter fences: six (6) feet. Minimum distance of lowest fence strand or rail from ground: twelve (12) inches above grade. (iii) Open space/conservation easement perimeter fences shall provide openings sufficient to accommodate the free passage of wildlife through the easement. A split-rail wood fence (see exhibit) or equivalent design shall be required. Where a pathway is located within an open space/conservation easement, the perimeter fence shall be required to have at least two (2) openings at least as wide as the width of the pathway easement. (9) Open $pace/conservation e;;isement perimeter fencing (10) Any fence crossing or intersecting an officially designated wildlife corridor shall conform to the requirements specified above for an open space/conservation easement perimeter fence. (11) No fence, wall, gate, or column shall be located within a public or private road right-of-way or pathway easement. A four ( 4) foot tall mailbox post or column may be granted an exception to be located within a road right-of-way. An encroachment permit from the Engineering Department is required to install a mailbox post or column within a road right-of-way easement. Any existing fence, wall, gate, or column located within any road right-of-way may be required to be removed at the owner's expense. (12) Solid walls, fences, or gates shall not exceed a maximum height of three (3) feet and all shrubs and plants shall be pruned to a height not to exceed three (3) feet above the road level at its nearest point in an area bounded by the center line of intersecting roads or easements for vehicular access, public or private and a straight line joining points on such center lines eighty (80) feet distant from their intersection (see figure). All side limbs of trees in such area shall be pruned to a height of not less than six (6) feet above the road surface. The purpose of the provisions of this section is to provide an unobstructed view of approaching traffic on the intersecting roads. The City Engineer may prescribe greater restrictions than the height set forth in this subsection where unusual conditions make such additional restrictions desirable in the interests of the public safety.

16 (13) Any fence or wall may be required to be landscaped. Screen plantings required as a condition of approval for any fence or wall shall be maintained in good condition by the property owner. (14) The vertical dimension of any fence, wall, gate, or column shall be measured from the finished grade on both sides of any such fence, wall, gate, or column to any point on top of the fence, wall, gate, or column, including post/column caps and any ornamental features. (g) Requirements for Nonconforming Fences, Walls, Gates and Columns. Replacement of existing legal nonconforming fences, walls, gates, and columns shall be subject to the requirements in this section. Exceptions may be granted pursuant to subsection (h) of this section, or where the strict application of these requirements will result in a hardship for the property owner. Repair of short sections of legal nonconforming fences, walls, gates, or columns (repair of less than fifty (50) feet or repair of no greater than twenty-five (25) percent of total fence or wall length) will not require a permit if no other work is done on the same structure over a twelve (12) month period. The replacement of any nonconforming structure shall be prohibited if the City Engineer determines that a public safety hazard exists or that the structure encroaches in an easement or public right-of-way. Any fence, wall, gate, or column constructed without a lawfully issued permit is a violation of the Municipal Code and shall be subject to the provisions of Title 1, Chapter 2 of the Municipal Code. (h) Exceptions. Exceptions may be granted subject to a noticed hearing and upon the Site Development Authority making all of the following findings: (1) The height and design of the proposed fence, wall, gate or column are compatible with other fences in the neighborhood; (2) The proposed removal of vegetation and trees and disturbance to natural terrain have been minimized; and (3) The proposed structure is otherwise in compliance with all regulations and policies set forth in the Municipal Code and the General Plan. Any fence proposed to exceed a height of six (6) feet in a setback area or to be located closer to the centerline of the road than required shall require a variance in accordance with the provisions of A11icle 10 of the Zoning Ordinance. ( 1, Ord. 434, eff. May 15, 2004; 1, Ord. 442, eff. March 9, 2006; 1, Ord. 517, eff. March 16, 2010) View the mobile version.

17 Attachment 3 January 6, 2016 Walter & Karen Sousa, Summitwood Road Los Altos Hills, CA RE: New Fence Summitwood Road File # ZP Dear Mr. and Ms. Sousa: The above referenced project was approved administratively on January 6, The approval is subject to the following conditions: 1. The approval of this permit is only for the new fence as indicated on the site plan. 2. The location, height and materials of the fence shall be constructed according to the approved plans. Any changes to the location, height, or construction of any proposed fences or columns shall first be approved by the Planning Department. 3. No new lighting is approved. Any additional outdoor lighting requires approval by the Planning Department prior to installation. No lighting may be placed within setbacks except for two (2) driveway or entry lights. 4. The applicant shall be responsible for confirming all property line locations and verifying that the new fence is located within the property lines. 5. The new fence shall not obstruct or encroach within any easements on the property. 6. The proposed 4' tall fence shall be located a minimum of 30' from the centerline of the Summitwood Road right of way. 7. The fence shall not have points, spikes, or sharpened edges per LAHMC Section Upon completion of construction, the applicant shall arrange a final inspection with the Planning Department and Engineering Department.}vithin two weeks. Please refer to the Conditions of Project Approval set forth herein. If you believe that these Conditions impose any fees, dedications, reservation or other exactions under the California Govenunent Code Section 66000, you are hereby notified that these Conditions constitute Fre mont Roild L os A lt os Hill s Cil li forniil / Fi1 x 650/

18 David and Karen Sousa Summitwood Road January 6, 2016 Page 2 of2 written notice of a statement of the amount of such fees, and/or a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest such fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. Thank you for your attention and cooperation. Please call me at (650) if you have any questions regarding any of these conditions. Sincerely, ~,--/ i '.4 _\ 'la-_'/) /f'f 7 (_~ Jaime L. McA voy M.A. Administrative Clerk/Technician Enclosure: Approved plans Cc: Robert Salwasser Town Center Lane Suite 200 Cupertino, CA 95014

19 DEC f ~wiv vf ;_QS ALTOS HILLS. ' -. ~ ~... ' 0. ' Failure of the Site Develo:p.tnent Authority to discover violations of t~ Los Altos Hiiis h;.1. Zoning & Site Devel ocm t 0 rd I nan ce or to/. -~ deny the site 'develo9me or zoning perm}tf/ 1, -''j ~, shall not relieve t 'e permittee..of, I, " J.~ <~ '< responsibility for the co~ltion or dall).a'g,.el;"'t l\,i r~- ~~...>~;?suiting therefrom, and 10.s~Qll not re)u ~t' l'n I:),> ttr~ Town, or Its officer;.); oy\agen~, tr~ ng ('.I, -, r~i'fonsible for the con~1tlons or ih1,)'!lclges ' " ~~ resulting therefrom (LAHM+: ,316) ~ ~, o '-' ) (l't <!' ~ r.. ~ s -... :1 fl' ff' ~ ~ 11:\<...T"-,. ' <""'. /~ / ;'lo.> ~ ~ I )' c;;. :11' ~{ I f /.-..,.J ;'"'-.

20 HENNESSEY'S FENClf'JG Serving All Your Fencing Needs! DEC TOWN OF LOS ALTOS HILLS