AGENDA ITEM #5.B. TOWN OF LOS ALTOS HILLS Staff Report to the City Council. February 15, 2018

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1 AGENDA ITEM #5.B TOWN OF LOS ALTOS HILLS Staff Report to the City Council February 15, 2018 SUBJECT: FROM: 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 WILKERSON; STONEBROOK DRIVE; CODE ENFORCEMENT FILE # Suzanne Avila, AICP, Planning Director APPROVED: Carl Cahill, City Manager~.L. RECOMMENDATION: That the City Council: Uphold the decision of the Planning Director and proceed with the recording of a Notice of Violation on the subject property, unless the applicant is willing to abate the violation by removing or relocating the fence to the property line (30 feet from the centerline of the right-of-way) and reducing the fence height where applicable to comply with the Town's Municipal Code. BACKGROUND The subject property is located on the northeast comer of Stonebrook Drive and El Monte Road and abuts the southbound 280 on-ramp from El Monte Road. There is a 10 foot public utility, equestrian and pedestrian easement along the portion of the property fronting the on-ramp that contains the Bob Stutz pathway. On June 6, 2013, the Town approved a post and wire type fence with a condition of approval stating that, "the property owner is responsible for confirming all property line and easement locations and verifying that new installations are located within the property boundaries". The approval included a plan with a Town approval stamp showing the fence a minimum of 30 feet from the centerline of the Stonebrook Drive right-of-way, which corresponds with the property line of the subject lot (see approval letter and stamped plan under Attachment 1). A revised fence plan was approved by the Town on July 22, 2013 which included a new six (6) foot stucco wall that starts 60 feet back from the centerline of the road at the southwest comer of the property and then heads east toward the house. It also included a section of stucco wall along the southerly property line (see Attachment 2). Staff did not conduct any site inspections after the fences were constructed. In early 2016, the Town received a complaint that the fence appeared to encroach into the public right-of-way along Stonebrook Drive. The appellant/owner, met with the Town's Public Works Director, Richard Chiu, to discuss the fence issue. In order to confirm the fence's location, the Public Works Director contracted with a state certified surveyor to conduct a survey on February 22, 2016 (see Attachment 3). The survey confirmed that the fence was located in the public rightof-way. This is a violation of the conditions of approval for the fence and with Section 10-

2 City Council Lands of Wilkerson, Stonebrook Drive February 15, 2018 Page2 l.507(d)5 of the Town's Municipal Code which prohibits the location of a fence, wall, gate or column within the public right-of-way or within a pathway easement (see Attachment 4). On February 25, 2016, the Town sent a letter to the property owner requesting that the fence be relocated by April 25, 2016 (see Attachment 5). No action was taken by the owner to relocate the fence. Subsequently, on September 16, 2016, the Town mailed a Notice of Code Violation to the property owner stating that the fence shall be relocated by October 7, 2016 (see Attachment 6). The letter further stated that failure to respond to the notice would result in the Town initiating Notice of Code Violation proceedings pursuant to Section of the Municipal Code. The owner met with staff several times over the next year to consider potential options to address the code violation, including the potential of filing a variance application, moving the section of fence with the largest encroachment, etc. The issue was not resolved and the owner eventually requested that the issue be heard directly by the City Council. Based on this request, the Town mailed a Notice of Intent to Record a Notice of Code Violation to the property owner on October 2, 2017 (see Attachment 7). The owner submitted a written request appealing the Planning Director's decision to record the notice of violation as allowed by Section of the LAH Municipal Code (see Attachment 8). DISCUSSION The owner has stated that there was a previous fence along the Stonebook Drive frontage that was located closer to the road than the current fence, therefore, the new fence is more conforming than the previous fence. Also, the current fence does not create an unsafe situation or impede sight distances or the functionality of Stonebook Drive as the fence is over ten feet from the edge of pavement and on a slope above the road. Staff has conducted several site inspections and confirmed that there does not appear to be any safety issues with the existing fence. Notwithstanding, the Municipal Code clearly states that the minimum setback for an open type fence shall be 30 feet from the centerline of the public right-of-way and the maximum height at that distance shall be four and one-half ( 4 Yi) feet. The owner has the option to request a variance for the fence height and location. Any variance would be reviewed by the Planning Commission at a noticed public hearing. However, staff recommends that the Town proceed with the recordation of the Notice of Violation even if a variance application is submitted. PUBLIC COMMENT As of the writing of the staff report no public comments have been received. CONCLUSION Town staff approved a four and one-half foot high open wire fence on the property line along Stonebrook Drive and an additional six foot high stucco wall on the southerly portion of the lot. The approved fences meet the Town's fence regulations. However, the fences that were installed encroach into the right-of-way or exceed the maximum permitted height based on their location.

3 City Council Lands of Wilkerson, Stonebrook Drive February 15, 2018 Page 3 Although the fences do not create a safety hazard or impact the movement of people or vehicles on Stonebrook Drive, there are no overriding reasons why the fences cannot be relocated or modified to meet the Town's codes. The applicant has agreed to reduce the height of the masonry/stucco wall to bring it into compliance with Town code but a variance application is required in order to retain the pole and wire fence at its current height and location. FISCAL IMP ACT There is no fiscal impact to the Town associated with this project. ENVIRONMENTAL CLEARANCE (CEQA) Fences are categorically exempt from the provisions of the California Environmental Quality Act pursuant to Section 15303(e). ATTACHMENTS 1. June 6, 2013 Fence Approval Letter and Plan 2. July 22, 2013 Approved Plan 3. Survey Completed by Town Staff 4. Section of the LAH Municipal Code 5. February 25, 2016 Letter Regarding Code Violation 6. Notice of Code Violation Letter dated September 16, Notice of Intent to Record Notice of Code Violation 8. Letter Requesting Appeal of Notice of Code Violation Report Prepared by: Steve Padovan Cc: Glenn & Sonia Wilkerson, Stonebrook Drive, Los Altos Hills, CA 94022

4 Attachment 1 June 6, 2013 Glenn and Sonja Wilkerson Stonebrook Drive Los Altos Hills, CA RE: Fence Perniit Stonebrook Drive File# ZP Dear Applicant: Your request for a Fence Permit at Stonebrook Drive was administratively approved on June 6, The approval is subject to the following conditions: 1. The location, height, and materials of the fence shall be constructed according to the location on the approved plans (enclosed) stamped "approved". Any changes to the location, height, or construction shall first be reviewed and approved by the Site Development Authority. 2. The property owner is responsible for confirming all property line and easement locations and verifying that new installations are located within the property boundaries. 3. Property owner is advised to call 811/ for an Underground Service Alert to mark all utilities, at least two days prior to any digging. 4. No lighting is approved with this permit. ~ 5. Fence height is measured from the finished grade to the top of the fence at any point. Please call the Planning Department at (650) if you have any questions about this approval Fremont Road Los Altos Hills California / Fax 650/ Brian Froelich, AICP Associate Planner

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6 :'*... ;. ' '.--' " \ ( ',/ Attachment 2 Failure of the Site Development Authority to discover violations of the Los Altos Hills Zoning &. Site r>ewlopment Ordinance or to. deny the site.. ;,d!:velopment or z0nlng pemm shall not relieve the "::;i-t:ic;j:illittec of responsibility for the condition. or :\.43mages resulting th<;refr6m. and shall not result in. :) ''\he To'wn, or its. officers or agents, be' a : ; -'~.msi!;!e for the conditions or damage~ res '. I I L \ \ ' ;lli'(_!efrc:n.(l~ ), \ c,j ti "'"",~, 0 ~.. \'Jr, #.,..\\ \ocf' ~~J<'P \ ;... \I r.f (LflTTMM \ ~ i.. '..- ' i I.. I i..;...

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8 Fences, walls, gates and columns. Attachment 4 U:.. ~~~_!:!!~~-~~!~~L~~~5:._ _ [ YP --~I.. Pre~iou~_.. _,, ~[ Nex_L_.. ~[ Main... = JL_... ]~!'"~----][i!in_t_~~ Title 10 ZONING AND SITE DEVELOPMENT Chapter 1 ZONING Article 5. Area, Coverage, Height and Setback Limitations ~ Fences, walls, gates and...;c;...;.o_lu"""m...;...;n...;;.s_ (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: (d) 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. 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). (2) Solid fences that impact neighbor views as defined by Section of this Code O_l_507 &frames=off 2/1/2018

9 LOS ALTOO HIL18 _.~ Attachment 5 -;.~j CALIFORNIA February 25, 2016 Glenn and Sonja Wilkerson Stonebrook Drive Los Altos Hills, CA RE: Fence Stonebrook Drive File # Dear Mr. and Mrs. Wilkerson: It has come to the attention of the Planning and Engineering Departments that a portion of the fence approved on June 6, 2013 was built within the Town's public right of way. Per the conditions of approval for the fence the following apply: The location, height, and materials of the fence shall be constructed according to the location on the approved plans (enclosed) stamped "approved". Any changes to the location, height, or construction shall first be reviewed and approved by the Site Development Authority. The property owner is responsible for confirming all property line and easement locations and verifying that new installations are located within the property boundaries. As discussed at the meeting between Mr. Wilkerson and Richard Chiu on February 18, 2016, it was agreed that you would relocate the fence in order to bring your property into conformance with the Town's requirements. Please relocate the fence by April 25, If you need additional time, please contact staff to discuss a date to bring the property into compliance. Staff will work with you to relocate the fence around existing trees located near the property line. Thank you for your cooperation and attention to this matter Fremont Road Los Altos Hills California Phone: l Fax:

10 Lands of Wilkerson Stonebrook Drive February 25, 2016 Page 2 of2 Sincerely, Nicole Horvitz Associate Planner nhorvitz@losaltoshills.ca.gov Enclosure: Conditions of approval and approved plan dated June 6, 2013 Partial survey done by Giuliani and Kull Gob #13109) dated February 22, 2016 cc: Richard Chiu, City Engineer Suzanne Avila, Planning Director John Chau, Assistant Engineer

11 LOS ALTOS HILLS..!I ''I CALIFORNIA September 16, 2016 Glenn and Sonja Wilkerson Stonebrook Drive Los Altos Hills, CA Attachment 6 ' I RE: Fence Stonebrook Drive File # Notice of Code Violation Dear Mr. and Mrs. Wilkerson: It has come to the attention of the Planning and Engineering Departments that a portion of the fence approved on June 6, 2013 was built within the Town's public right of way. Per Section (d)(5)of the Los Altos Hills Municipal Code, the following fences are prohibited: 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. Per the conditions of approval for the fence the following apply: The location, height, and materials of the fence shall be constructed according to the location on the approved plans (enclosed) stamped "approved". Any changes to the location, height, or construction shall first be reviewed and approved by the Site Development Authority. The property owner is responsible for confirming all property line and easement locations and verifying that new installations are located within the property boundaries. A letter dated February 25, 2016 requested you relocate the fence in order to bring your property into conformance with the Town's requirements by April 25, To date the fence remains out of compliance. You are to relocate the fence no later than October 7, Failure to respond to this request will result in Notice of Code Violation proceedings pursuant to Section of the L6s Altos Hills Municipal Code Fremont Road Los Altos Hills California Phone: I.7222 Fax:

12 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. Thank you for your cooperation and attention to this matter. Sincerely, ~ Code Enforcement Officer Town of Los Altos Hills (650) Enclosure: Los Altos Hills Municipal Code Section Los Altos Hills Municipal Code Section cc: Suzanne Avila, Planning Director John Chau, Assistant Engineer

13 Attachment 7 NOTICE OF INTENT TO RECORD NOTICE OF CODE VIOLATION October 2, 2017 via Certified Mail/First Class Sonja Wilkerson Stonebrook Lane Los Altos Hills, CA RE: Fence in Town's public right of way Stonebrook Drive; APN File#: ; Property Owner- Sonja Wilkerson Dear Ms. Wilkerson, This Notice of Intent to Record a Notice of Code Violation ("Notice") is furnished to you pursuant to the tenns of Section of the Town of Los Altos Hills ("Town") Municipal Code. On October 2, 2017 Code Enforcement determined that code violations continue to exist at your property at Stonebrook Drive. Attached to this letter are copies of code violation letters dated February 25, 2016, and September 16, Both letters are pertaining to your fence that is located in the Town's public right of way. The Town staff has tried to work with you to correct this problem without prevail. No later than fifteen (15) days after the date of this Notice, you may appeal to the City Council the decision of the Planning Director 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, any responsible person (if known), and neighboring property owners within five hundred (500') feet of your property regarding the date and time of the hearing. The City Council shall either affinn, 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 Fremont Road Los Altos Hills California / Fax 650/

14 Sonja Wilkerson October 2, 2017 Page2 of6 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 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. Please be advised that if no appeal if filed within the 15-day time period, the Town will record a Notice of Code Violation against your property with the Santa Clara County Recorder's Office on October 30, 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. Please contact me at (650) , or lsarto@losaltoshills.ca.gov if you have any questions. isa Sarto Code Enforcement Officer Attachments: Letter from Town of Los Altos Hills dated February 25, 2016 Notice of Code Violation from Town of Los Altos Hills dated September 16, 2016 Section of the LAH Municipal Code Section of the LAH Municipal Code Copy of Approved Plans for fence

15 Attachment 8 RECEIVED OCT October 25,2017 Suzanne Avila, TOWN OF LOS ALTOS HILLS RE: Fence in Town's public right of way Suzanne; We have decided to take this matter to the city council for their review.?lease put us on the November schedule. We are willing to meet with you to resolve this matter before meeting with city council. R~g;rt\ Glenn Wilkerson Sonja Wilkerson, OCT