County Code (Section B.IO.700-H), as follows: Hedge. Any arrangement of plants or trees obstructing the clear view.

Transcription

1 COUNTY OF SANTA CRUZ I PLANNING DEPARTMENT 701 OCEAN STREET, 4TH FLOOR, SANTA CRUZ, CA (831) FAX: (831) TDD: (831) KATHLEEN MOLLOY PREVISICH, PLANNING DIRECTOR April 12, 2012 AGENDA DATE: April 17, 2012 Board of Supervisors County of Santa Cruz 701 Ocean Street Santa Cruz, CA Subject: Continued Public Hearing to Consider Two Coastal Commission Suggested Modifications to Amendments to the County's Fence Regulations in County Code Chapters and Regarding Public Viewshed Protection and the Definition of Hedge Members of the Board: Last week your Board continued this item until April 17th to allow for the consideration of a new definition of "hedge", and to modify the Coastal Commission's suggested modification language about protecting public viewsheds to explicitly state that it applies only to new fences, walls, and hedges, and not to those that already exist. As you may recall, the amendments to the County's fence ordinance was originally undertaken as part of the effort to make changes to the County's land use regulations, where appropriate, to simplify them, make them easier for the public to understand, and reflect reasonable, reality-based standards, without compromising environmental protection or the quality of the built environment. The result of the proposed changes was intended to reduce the processing time and cost of most discretionary fence permit applications. See Attachment 1 for more information. Definition of hedge The Coastal Commission suggested modification would retain the existing definition of the definitions section of County Code (Section B.IO.700-H), as follows: hedge in Hedge. Any arrangement of plants or trees obstructing the clear view. Supervisor Pirie proposed that this language be changed to read as follows: Hedge. A row of closely planted shrubs or low-growing trees forming a fence or boundary. Page i of4 tltf

2 2 Two Coastal Commission Suggested Modifcations to Amendments to the County 's Fence Regulations in County Code Chapters and Regarding Public Viewshed Protection and the Definition of Hedge Board of Supervisors Agenda: April 17, 2012 Placement and design of fences, walls, and hedges relative to significant public views The Coastal Commission suggested modification would add a new subsection to the design criteria for development in the coastal zone, County Code Section (b )(7), as follows: Fences, walls, and hedges shall be sited and designed so that they do not block significant public views and so that they do not significantly adversely impact significant public views and scenic character. This language does not differentiate between existing and new development. The concern brought up at the hearing is that an applicant for a coastal development permit might be required to modify or remove an existing fence, wall, or hedge if it is determined that they block significant public views, even ifthe proposed development is totally unrelated to the existing fence, wall, or hedge. Supervisor Pirie suggested the following change to clarify that the language applies only to new fences, walls, and hedges: New F fences, walls, and hedges shall be sited and designed so that they do not block significant public views and so that they do not significantly or adversely impact significant public views and scenic character. Abilty of County to change Coastal Commission suggested modifications Based on the Coastal Act (Public Resources Code, Division 20), the Coastal Commission's implementing regulations (California Code of Regulations Title 14, Division 5.5), and discussion with Coastal Commission staff, the County does not have the authority to change Coastal Commission suggested modifications to an amendment to the Local Coastal Program without staring the amendment process over with a new amendment submittal. If any of the suggested modifications are not accepted by the County as they were approved by the Coastal Commission, then the entire amendment becomes void. According to the Coastal Act and the Coastal Commission's implementing regulations, when the Coastal Commission approves an amendment to the implementation (zoning ordinance) portion of the County's certified Local Coastal Program with suggested modifications, procedurally the Coastal Commission is doing two things: 1. The Coastal Commission is denying the proposed amendment as submitted by the County because the Coastal Commission finds that the amendment is not adequate to carry out the certified Local Coastal Program Land Use Plan (General Plan), and; 2. The Coastal Commission is then approving the amendment contingent on the County accepting suggested modifications that the Coastal Commission finds wil ensure that the amendment is adequate to cary out the Local Coastal Program Land Use Plan (General Plan). L1 Lt Page 2 of4

3 Two Coastal Commission Suggested Modifcations to Amendments to the County's Fence Regulations in County Code Chapters and Regarding Public Viewshed Protection and the Definition of Hedge Board of Supervisors Agenda: April 17, According to California Code of Regulations Sections 13551(b) and 13544, there are three actions that must occur before the amendment becomes effective when there are Coastal Commission suggested modifications: 1. The Board of Supervisors must acknowledge receipt of the Coastal Commission resolution of certification, accept and agree to each suggested modification, and take whatever formal action is required to satisfy the modifications (e.g., include them in the ordinance), and; 2. The Coastal Commission Executive Director must determine that the County's action is legally adequate to satisfy the requirements (here, the suggested modifications) of the Coastal Commission's certification order, and; 3. The Coastal Commission does not object to the Executive Director's determination. Alternative language with upcoming changes to Chapter Given that the County does not have the authority to change the Coastal Commission's suggested modifications without having to star the amendment process over with a new submittal to the Commission, and that by not accepting those modifications the fence amendment wil become void, staff is recommending two related Board actions today. First, that your Board accept the Coastal Commission suggested modifications. Second, that your Board direct staff to include a revised definition of hedge and revised language about fences, walls, and hedges relative to significant public views, as part of the planned changes to Chapter 13.20, the coastal regulations, which staff is currently completing. We expect to bring those changes to your Board in August of this year. Conclusion As discussed above, the County does not have the authority to change Coastal Commission suggested modifications to an amendment to the Local Coastal Program without staring the amendment process over with a new amendment submittal. If any of the suggested modifications are not accepted by the County as they were approved by the Coastal Commission, then the entire amendment becomes void. A revised definition of "hedge" and revised language about fences, walls, and hedges relative to public views can be included with other planned revisions to the County Code, which are underway and which staff anticipates bringing to your Board in August of this year. Material from the April 10, 2012 hearing has been reprinted and is included with this letter. The reprinted material includes the resolution and ordinance, including the two previously missing modifications in Section V and Section VII of the ordinance. The County has until May 2, 2012 to take action or the amendments wil become void. Page 3 of4 tfit

4 ~ Two Coastal Commission Suggested Modifcations to Amendments to the County's Fence Regulations in County Code Chapters and Regarding Public Viewshed Protection and the Definition of Hedge Board of Supervisors Agenda: April 17, 2012 RECOMMENDATION It is therefore RECOMMENDED that your Board take the following actions: 1. Reopen the public hearing on the suggested modifications; 2. Adopt the resolution and ordinance in the reprinted material accepting each modification as suggested by the Coastal Commission; 3. Direct staff to send your Board's acceptance of the suggested modifications to the Coastal Commission for a finding that the acceptance of the suggested modifications has been properly accomplished, and; 4. Direct staff to include in the upcoming Chapter amendment package, the definition of hedge and revised language about fences, walls, and hedges relative to significant public views as shown under "Definition of hedge" and "Placement and design offences, walls, and hedges relative to significant public views" contained in this letter. Sincerely, ~\'i'~~~~(im. Kathy M.. Previsich ~ W Planing Director SUSAN A. MAURIELLO County Administrative Officer Attachments: 1. Features offence ordinance amendment KP: WW\SG\G:\Board Letters\Pending\04- i 7- i 2 i. if Page 4 of4

5 Features of Fence Ordinance Amendments (See ordinance for details) 5 ATTA,CHMENT 1 Over-height fence certification A prime feature of the changes is an "over-height fence certification." This is a new permit category envisioned to be similar to the level of review currently used to certify that adequate parking exists when a new mobile home is proposed in a mobile home park. An over-height fence certification would be an administrative level approval requiring a basic site plan and fence elevations and costing approximately $ Maximum Height with Level IV Permit Allowing taller rear and side yard fences would provide greater privacy for ground floor units and allow creation of interesting fence designs. To exceed the maximum heights allowed by an overheight fence certification, a Level IV review is proposed. This is an existing level of review that requires plans, a site visit, and notification of neighbors within 300 feet. There is no public hearng and the decision on the application is administrative, made by staff, and is appealable to the Planning Director. The cost of this type of permit is based on staff time to process an application and we estimate it typically would cost approximately $2, Maximum Maximum Height Height without with Over-height Property and Permit outside Fence Certification Maximum Height with a Fence of Corner Sight outside of Corner Level IV or above Permit Location Distance Sight Distance. Triangles Triangles Front Yard inside Urban Services As determined through Line (USL) and 3 feet 6 feet permit process Rural Services Line (RSL) Front Yard outside As determined through 3 feet 8 feet USL and RSL permit process 8 feet if fence at least Side/Rear Yard 6 feet 5 feet back from As determined through Abutting on a Street property line permit process Side/Rear Yard N/ A: already at 8 Not Abutting on a 8 feet feet; would need. Street Level IV to go higher As determined through permit process Features Not Needing Discretionary Approval Two types of common features associated with fences would be allowed without any discretionary approval (however, depending on the circumstances, a building permit could stil be required). Page i of2 LfLf

6 &i "TT~r.I-MtNT i These two features are archways/trellises/pergolas associated with a walkway through a fence and open architectural, decorative, and ornamental features such as lattice on top of a fence. These features are often conceived of as simply add-on elements or decorations that do not have to meet any particular requirements. It is not unreasonable to allow these features, with limits, without the need for a discretionary permit. The proposed ordinance would allow archways/trellises/pergolas up to eight feet tall without a discretionary permit, if they act as decorative design elements associated with a walkway opening in a fence, provided their length is not more than 25 percent ofthe entire fence length along the applicable property line The proposed ordinance would also allow similar features such as lattice to exceed the fence height maximums by as much as six inches without the cost or time required to process a discretionary permit. Lf Lf Page 2 of2

7 ..:ló f 7 COUNTY OF SANTA CRUZ PLANNING DEPARTMENT 701 OCEAN STREET, 4TH FLOOR, SANTA CRUZ, CA (831) FAX: (831) Too: (831) KATHLEEN MOLLOY PREVISICH, PLANNING DIRECTOR March 26, 2012 AGENDA DATE: April 10, 2012 Board of Supervisors County of Santa Cruz 701 Ocean Street Santa Cruz, CA Subject: Public Hearing to Consider Two Coastal Commission Suggested Modifications to Amendments to the County's Fence Regulations in County Code Chapters and Regarding Public Viewshed Protection and the Definition of Hedge Members of the Board: In May of last year, your Board adopted amendments to the regulations governing fences, walls, and sight clearance triangles in required yard setbacks. In November, the Coastal Commission approved the proposed amendments conditional on your Board accepting certain modifications. On February 7th your Board accepted the Coastal Commission suggested modifications and the modified fence ordinance was sent to the Coastal Commission for a finding that your Board's action was legally adequate. After reviewing the modified ordinance, Coastal Commission staff notified County staff that the modifications regarding public viewshed protection and the definition of hedge, discussed in the staff report, were omitted in the recommended ordinance. Therefore it is necessary for your Board to formally accept the two modifications by readopting the modified ordinance. The County has until May 2, 2012 to take action or the amendments will become void. Suggested Modifications The two modifications not included in the previous ordinance are described below and are included in the ordinance at Sections V and VII (see Attachments). The Coastal Commission's modifications are shown below in underlined text and Planning staffs comments, in italics, follow each suggested modification 1. Hedge Definition. Retain the definition of hedge in County Code Section H, as follows: Hedge. Any arangement of plants or trees obstructing the clear view. The current fence ordinance language includes hedges in the definition of fence. In the amendments your Board adopted last year, the word hedge was deleted from the definiton of fence because of the Page 1 of3, '+ 4:

8 ~ Two Coastal Commission Suggested Modifcations to Amendments to the County 's Fence Regulations in County Code Chapters and Regarding Public Viewshed Protection and the Definition of Hedge Board of Supervisors Agenda: April 10, 2012 ~ difculties of regulating hedges as fences and the legal ramifcations of that in the recent past. Also, the hedge definition itself was deleted from the definitions section in Chapter However, staff believes the definition of hedge actually needs to be retained because the word hedge appears and has purposeful meaning elsewhere in Chapter Staff recommends that your Board accept this modifcation. 2. Public Viewshed Protection. Add new Section (b)(7) as follows: Fences, walls, and hedges shall be sited and designed so that they do not block significant public views and so that they do not significantly adversely impact significant public views and scenic character. Staff currently implements this principle and adding this section makes the practice explicit. Initially, Coastal staff proposed language that would have applied to all development, rather than just to fences, walls, and hedges. Negotiation with Coastal staff resulted in more specifc language. Staff recommends that your Board accept this modifcation. Environmental Review Environmental review has been completed by the Coastal Commission. The Coastal Commission resolution certifying the proposed amendment states that the amendment "if modified as suggested complies with the California Environmental Quality Act" because either: mitigation measures and/or alternatives have been incorporated or there are no further feasible alternatives or mitigation measures. Additionally, the Coastal Commission found that "the proposed amendment as modified wil not result in any significant environmental effects for which feasible mitigation measures have not been employed consistent with CEQA Section (d)(2)(A)." Therefore the County does not need to undertake Exemption to environmental review required. additional environmental review nor is a Notice of Conclusion The two modifications, one regarding public viewshed protection and one regarding the definition of hedge, were not previously included in the ordinance, although they were discussed in the previous staff report. In order to ensure that they are included in the ordinance, your Board must accept each of the modifications. The attached ordinance is the entire ordinance including the two previously missing modifications in Section V and Section VII of the ordinance. The County has until May 2, 2012 to take action or the amendments wil become void. RECOMMENDATION It is therefore RECOMMENDED that your Board take the following actions: 1. Conduct a public hearing on the suggested modifications;., tftt 2. Adopt the resolution and ordinance accepting each modification as suggested by the Coastal Commission; and Page 2 of3

9 Two Coastal Commission Suggested Modifcations to Amendments to the County's Fence Regulations in County Code Chapters and Regarding Public Viewshed Protection and the Definition of Hedge Board of Supervisors Agenda: April 10,2012 &4tn e 3. Direct staff to send your Board's acceptance of the suggested modifications to the Coastal Commission for a finding that the acceptance of the suggested modifications has been properly accomplished. Sincerely, 1 fø.qjl l/wi5ùk Kathy M. Pr2visich Planning Director RECOMMENDED: /~/ji A. I~M dh SUSAN A. MAURIELLO County Administrative Officer Attchments: 1. Resolution with strike-through ordinance 2. Clean ordinance KP: WWSG\G:\Board Letters\Pending\04- i 0-12 Page 3 of3 Iff

10 /6 BEFORE THE BOARD OF SUPERVISORS ATTACHMENT 1 OF THE COUNTY OF SANTA CRUZ, STATE OF CALIFORNIA RESOLUTION NO. ~ On the motion of Supervisor duly seconded by Supervisor the following is adopted: BOARD OF SUPERVISORS RESOLUTION ACCEPTING COASTAL COMMISSION SUGGESTED MODIFICATIONS RELATING TO AMENDMENTS TO CHAPTER OF THE SANTA CRUZ COUNTY CODE REGARDING FENCE STANDARDS AND THE REQUIRED REVIEW FOR OVER-HEIGHT FENCES AND RETAINING WALLS AND TRANSMITTING THE ACCEPTANCE TO THE CALIFORNIA COASTAL COMMISSION WHREAS, the County of Santa Cruz regulates the heights of fences and retaining walls in the front, side, and rear yard setbacks for the following purposes: 1) to maintain public safety by ensuring adequate visibility of vehicles entering the street from driveways, and adequate sight distance from such vehicles, and adequate sight distance at street corners; 2) to ensure adequate light and air for the street area; 3) to provide for privacy screening of these yard areas; and 4) to ensure that light and air of abutting properties are protected from excessively high fences and retaining walls; and WHREAS, the County Planning Department administers fence and retaining wall regulations through County Code Sections and ; and WHREAS, on Mayl7, 2011, the Board of Supervisors held a public hearing and adopted proposed amendments to the County Code Sections , , and , all implementing portions of the County's certified Local Coastal Program, regarding fences and retaining walls and directed that the adopted amendments be submitted to the California Coastal Commission for review and approval; and WHEREAS, on November 2,2011, the California Coastal Commission held a public hearing on the amendments adopted by the Board of Supervisors and approved the amendments subject to the Board of Supervisors accepting certin suggested modifications; and WHREAS, Chapter is an implementing ordinance of the Local Coastal Program (LCP) and the proposed amendments to these chapters constitute amendments to the LCP; and WHREAS, insofar as the proposed code changes are amendments to the Local Coastal Program, the application of the proposed amendments in the Coastal Zone is statutorily exempt from CEQA review pursuant to CEQA Guidelines Section and the California Public Resources Code Section NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the Board of Supervisors hereby accepts each of the suggested modifications and incorporates them into the ordinance amendments attached as Exhibit A. BE IT FURTHER RESOLVED AND ORDERED that the Board of Supervisors hereby directs that the acceptance of the suggested modifications be submitted to the State of California Coastal Commission for a finding that this acceptance has been properly accomplished. LfLf Page 1 of2

11 ATTACHivlEN 1 the County of Santa Cruz, State of PASSED AND ADOPTED by the Board of Supervisors of California, this day of,2012 by the following vote: \ \ AYES: NOES: ABSENT: ABSTAIN: SUPERVISORS SUPERVISORS SUPERVISORS SUPERVISORS..4~ ATTEST: Chairperson ofthe Board of Supervisors Clerk of the Board DISTRIBUTION: County Counsel Planning Department Page 2 of2 ~ 4lf

12 Underlined Copy l~ ORDINANCE NO. ATTACHMENI i.~ ~e c- t.xh1b,ū A j ORDINANCE AMENDING SECTIONS , , AND OF THE SANTA CRUZ COUNTY CODE TO MODIFY THE MAXIMUM HEIGHT ALLOWED FOR FENCES AND RETAINING WALLS IN REQUIRED YARDS AND THE REQUIRED LEVEL OF FENCES AND RETAINING WALLS. REVIEW FOR OVER-HEIGHT The Board of Supervisors of the County of Santa Cruz ordains as follows: SECTION I Subdivision (d)5(a) of Section of the Santa Cruz County Code is hereby amended to read as follows: (d) Site and Structural Dimensions Exeptions Relating to Parcels. 5. Parcels with Steep Slopes. (A) In all residential zone districts, if the elevation of the lot at a point 50 feet from the center line of the traveled roadway is 7 feet or more above or below the elevation of said center line, an attached or detached carport which (in the interest of public safety) is unenclosed on all sides may be built to within 5 feet of the front property line or edge of right-of-way of the lot. Open safety railings no more than forty-two (42) inches in height may be constructed to the property line without a development permit. except that in the coastal zone a coastal development permit wil be required for all such development unless it is exempt from coastal development permit requirements pursuant to County Code Sections or SECTION II Section of the Santa Cruz County Code is hereby amended to read as follows: Regulations for fences and retaining walls within required yards (a) The purposes of fence and/or retaining wall regulations for yards abutting on streets are: 1. To ensure adequate visibility of vehicles entering the street from driveways, adequate sight distance from such vehicles, and adequate sight distance at street corners. 2. To ensure adequate light and air for the street area. 3. To preserve a harmonious and compatible street front appearance. (b) The purposes of fence and/or retaining wall regulations for side and rear yards which do not abut on streets are: 1. To provide for privacy screening of these yard areas. 2. To ensure that light and air of abutting properties are protected from excessively high man-made structures. (c) The height regulations for fences and/or retaining walls are: 1. The height of fences and/or retaining walls is determined as follows: (i) By measuring the exposed face of the fence and/or wall at its Lf~ Page i of6

13 ATTACHMENT 1,4 tallest point, from finished grade at the base, to the top of the fence and/or wall, except as provided in (c) 4 and (c) 5 below. EXHIBIT A (ii) Where a parcel slopes down from a public or private right-of-way, ' the height of a fence or retaining wall shall be measured from the lowest /3 elevation öf the traveled portion of the right-of-way nearest the fence or retaining wall to the top of the fence and/or wall as shown in the diagram below, except as provided in (c) 4 and (c) 5...8,. F ence/retaining Wall at propert line -- EE Lowest Edge of traveled way CD Finished Grade - -way ~, I B / I Height of fence or wall on parcel sloping down from right-of-way 2. Maximum fence and retaining wall heights (a) In agricultural zone districts, fencing for agricultural purposes may have heights up to 6 feet in all yards provided that such fencing, including gates, is: (a) six feet or less in height; and (b) made of wire which is spaced a minimum of 6 inches apart (i.e., typical field fencing), or made of horizontally oriented wooden members which are spaced a minimum of one foot apart (i.e., typical wooden corral fencing). Such fencing meeting these criteria shall be exempt from Development Permit approval unless such fencing is located on property adjacent to Highway One, in which case a Development Permit is required. In the coastal zone, a coastal development permit will be required for all such fencing unless it is excluded from coastal development permit requirements pursuant to County Code Sections or , (aq) Except as provided in Section (d)5(A), maximum heights for fences and retaining walls not located in a Corner Sight Clearance Triangle are shown on the Fence Location and Height Table given in (c)3, below. Examples of Corner Sight Clearance Triangles are shown in the diagrams below. (Ð~) Except as provided in Section (d)5(A), within Corner Sight Clearance Triangles no fence or retaining wall shall exceed three feet in height, if the fence or retaining wall is: (í) located in a corner sight clearance triangle on a parcel located at the intersection of two local neighborhood streets for a distance L1 P,gc2 of6 -rif

14 l Ll (ii) (iii) of 30 feet along each street right-of-way; or EXHJBIT located in a residential driveway or alley corner sight clearance triangle for a distance of 10 feet along the street right-of-way on each side of the driveway or alley; or located in a corner sight clearance triangle determined to be applicable by the County based on professional standards 8488 established by the American Association of State Highway and Transportation Officials (AASHTO) or other applicable technical publications. Greater sight clearance triangles may be required for front and side yards adjacent to roads that allow vehicular travel speeds of more than 25 miles per hour. " lh:i '. A Edge at Pavement Street Right-at-Way Lines -'0. 10'::::::' l :::. V...".., Driveway Intersecting a Street Edge at Pavement Street Right-at-Way Lines - Propert Abutting Two Streets 3ø(T~~::'.~Y.:~ \. Corner Sight Clearance Triangles for local residential neighborhood streets LfLf Page 3 of6

15 3. Fence Location and Height Table ATTACHMENT l' EXHIBIT A I r; Maximum Maximum Height Height without with Over-height Property and Permit outside Fence Certification Maximum Height with a Fence of Corner Sight outside of Corner Level iv or -above Permit *** Location Distance Sight Distance Triangles** Triangles** - - *** *** ~ Front Yard inside Urban Services Line (USL) and 3 feet* 6 feet Rural Services Line (RSL) Front Yard outside 3 feet* 8 feet USL and RSL As determined through permit process As determined through permit process Side/Rear Yard 8 feet if fence at Abutting on a 6 feet least 5 feet back As determined through Street from property line permit process Side/Rear Yard N/A: already at 8 Not Abutting on a 8 feet feet; would need Street Level iv to go higher As determined through permit process The following would be allowed without any discretionary approval in all locations, except for Corner Sight Clearance Triangles: 1. Archways/trellises/pergolas up to 8 feet tall associated with a walkway through a fence and not making up more than 25% of the length of the fence along the applicable property line. 2. Open decorative features such as lattice that does not exceed the given maximum fence heights by more than 6 inches. *Except as allowed by Section (d)5(A) **County Public Works Department guidelines establish applicable Corner Sight Clearance Triangle requirements *** In the coastal zone, a coastal development permit will be required for all fence and retaining wall development unless it is exempt from coastal development permit requirements pursuant to County Code Sections or Walkway fence openings, with or without gates, may have associated archways/trellses/pergolas up to a maximum height of 8 feet without a discretionary approval, except in corner sight clearance triangles, where no fence or retaining wall shall exceed three feet in height. Archways/trellises/pergolas may not make up more than 25 percent of the length of the fence along a given property line without a Level IV development permit. Notwithstanding the above exceptions for discretionary approval and development permits, in the coastal zone all such archways/trellses/pergolas shall require a coastal development permit unless exempt from coastal development permit requirements pursuant to County Code Sections or Page 4 of6 lflf

16 J ~ 5. ATTACHMENT i l Open architectural, decorative, and ornamental features such as EXHIBrr,lI lattice may exceed the given maximum fence heights by no more than six (6) inches without a discretionary approval, except in corner sight clearance triangles, where no fence or retaining wall shall exceed three feet in height. Open means that no more than 50 percent of the feature may be opaque. Notwithstanding the above exceptions for.!1q discretionary approval and development permits, in the coastal zone all such archways/trellises/pergolas shall require a coastal development permit unless exempt from coastal development permit requirements pursuant to County Code Sections or (d) Over-Height Fence Certification. An over-height fence certification may be issued upon the Planning Director making the findings required by County Code Section (a) and, if in the coastal zone, the finding that the subject development will not adversely impact public views and scenic character. SECTION III Section C "C" definitions of the Santa Cruz County Code is hereby amended to add the definition "Corner sight clearance triangle" to read as follows: Corner sight clearance triangle. A triangular area formed by two lot lines abutting upon a street, alley, or driveway and a line connecting them at points equally distant from their intersection within which, for vehicular and pedestrian visibility and safety purposes, no fence, hedge, landscaping, wall, structure, or material that exceeds 3 feet in height may be placed. SECTION IV Section F "F" definitions - definition of "Fence" - of the Santa Cruz County Code is hereby amended to read as follows: Fence. Any construction of wood, metal, plastic, earth or other materials obstructing the clear view, but not including a structure as defined herein or a hedge. SECTION V Section H "H" definitions - definition of "Hedge" - of the Santa Cruz County Code is hereby amended to read as follows: Hedge. Any arrangement of plants or trees obstructing the clear view. tty- Page 5 of6

17 SECTION VI 7 EXHIBIT A I ATTACHMENT1' Section "0" definitions of the Santa Cruz County Code is hereby amended to add the definition "Over-Height Fence Certification" to read as follows: Over-Height Fence Certification. An administrative approval certifying that a fence that does not require approval of a coastal development permit pursuant to Sections or , and which is between the maximum height allowed.gall without a development permit and the lowest height for which a Level iv development permit is required pursuant to (c)3, meets the purposes of the fence and retaining wall regulations in Section (a) and (b). SECTION VII Section (b)(7) is hereby added to the Santa Cruz County Code to read as follows: Fences, wall, and hedges shall be sited and designed so that they do not block significant public views and so that they do not significantly adversely impact significant public views and scenic character. SECTION VII This ordinance shall take effect upon concurrence by the Coastal Commission with its Executive Director's finding that the acceptance of the suggested modifications has been properly accomplished. PASSED AND ADOPTED by the Board of Supervisors of the County of Santa Cruz this day of, 2012, by the following vote: AYES: SUPERVISORS NOES:SUPERVISORS ABSENT: SUPERVISORS ABSTAIN: SUPERVISORS CHAIRPERSON, BOARD OF SUPERVISORS ATTEST: Clerk of the Board APPROVED AS TO FORM: Copies to: Planning Public Works County Counsel County Counsel Page 6of6 cflf

18 J 8 ATTACHMENT ~ ~ ORDINANCE NO. ORDINANCE AMENDING SECTIONS , , AND OF THE SANTA CRUZ COUNTY CODE TO MODIFY THE MAXIMUM HEIGHT ALLOWED FOR FENCES AND RETAINING WALLS IN REQUIRED YARDS AND THE REQUIRED LEVEL OF REVIEW FOR OVER-HEIGHT FENCES AND RETAINING WALLS. The Board of Supervisors of the County of Santa Cruz ordains as follows: SECTION I Subdivision (d)5(a) of Section of the Santa Cruz County Code is hereby amended to read as follows: (d) Site and Structural Dimensions Exeptions Relating to Parcels. 5. Parcels with Steep Slopes. (A) In all residential zone districts, if the elevation of the lot at a point 50 feet from the center line of the traveled roadway is 7 feet or more above or below the elevation of said center line, an attached or detached carport which (in the interest of public safety) is unenclosed on all sides may be built to within 5 feet of the front property line or edge of right-of-way of the lot. Open safety railings no more than forty-two (42) inches in height may be constructed to the property line without a development permit, except that in the coastal zone a coastal development permit will be required for all such development unless it is exempt from coastal development permit requirements pursuant to County Code Sections or SECTION II Section of the Santa Cruz County Code is hereby amended to read as follows: Regulations for fences and retaining walls within required yards (a) The purposes of fence and/or retaining wall regulations for yards abutting on streets are: 1. To ensure adequate visibility of vehicles entering the street from driveways, adequate sight distance from such vehicles, and adequate sight distance at street corners. 2. To ensure adequate light and air for the street area. 3. To preserve a harmonious and compatible street front appearance. (b) The purposes of fence and/or retaining wall regulations for side and rear yards which do not abut on streets are: 1. To provide for privacy screening of these yard areas. 2. To ensure that light and air of abutting properties are protected from excessively high man-made structures. (c) The height regulations for fences and/or retaining walls are: 1. The height of fences and/or retaining walls is determined as follows: (i) By measuring the exposed face of the fence and/or wall at its LfLi Page i of6

19 ATTACHMENT ~ tallest point, from finished grade at the base, to the top of the fence and/or wall, except as provided in (c) 4 and (c) 5 below. (ii) Where a parcel slopes down from a public or private right-of-way, the height of a fence or retaining wall shall be measured from the lowest elevation of the traveled portion of the right-of-way nearest the fence or retaining wall to the top of the fence and/or wall as shown in the diagram below, except as provided in (c) 4 and (c) 5. ie ~ F ence/retaining Wall at propert line -- EE I Height offenc~ail Lowest Edge OJ of traveled way Finished Grade - -way.,, B /, Height of fence or wall on parcel sloping down from right-of-way 2. Maximum fence and retaining wall heights (a) In agricultural zone districts, fencing for agricultural purposes may have heights up to 6 feet in all yards provided that such fencing, including gates, is: (a) six feet or less in height; and (b) made of wire which is spaced a minimum of 6 inches apart (i.e., typical field fencing), or made of horizontally oriented wooden members which are spaced a minimum of one foot apart (i.e., typical wooden corral fencing). Such fencing meeting these criteria shall be exempt from Development Permit approval unless such fencing is located on property adjacent to Highway One, in which case a Development Permit is required. In the coastal zone, a coastal development permit will be required for all such fencing unless it is excluded from coastal development permit requirements pursuant to County Code Sections or (b) Except as provided in Section (d)5(A), maximum heights for fences and retaining walls not located in a Corner Sight Clearance Triangle are shown on the Fence Location and Height Table given in (c)3, below. Examples of Corner Sight Clearance Triangles are shown in the diagrams below. (c) Except as provided in Section (d)5(A), within Corner Sight Clearance Triangles no fence or retaining wall shall exceed three feet in height, if the fence or retaining wall is: (i) located in a corner sight clearance triangle on a parcel located at the intersection of two local neighborhood streets Page 2 of6

20 20 for a distance of 30 feet along each street right-of-way; or ATTACHMENT ~ ~ (ii) located in a residential driveway or alley corner sight clearance triangle for a distance of 10 feet along the street right-of-way on each side of the driveway or alley; or ~ (iii) located in a corner sight clearance triangle determined to be applicable by the County based on professional standards established by the American Association of State Highway and Transportation Officials (AASHTO) or other applicable technical publications. Greater sight clearance triangles may be required for front and side yards adjacent to roads that allow vehicular travel speeds of more than 25 miles per hour. Edge at Pavement Street Right-at-Way Lines Driveway Intersecting a Street Edge at Pavement Street Right-at-Way Lines Propert Abutting Two Streets Corner Sight Clearance Triangles for local residential neighborhood streets If'f Page 3 of6

21 Property and Fence Location 3. Fence Location and Height Table Maximum Height without Permit outside of Corner Sight Distance Triangles** *** Maximum Height with Over-height Fence Certification outside of Corner Sight Distance Triangles** *** ATTACHMENT ~, ~I Maximum Height with a Level IV or above Permit *** ~ Front Yard inside Urban Services Line (USL) and Rural Services Line (RSL) Front Yard outside USL and RSL 3 feet* 6 feet 3 feet* 8 feet As determined through permit process As determined through permit process Side/Rear Yard Abutting on a Street 6 feet 8 feet if fence at least 5 feet back from property line As determined through permit process Side/Rear Yard Not Abutting on a 8 feet Street N/A: already at 8 As determined through feet; would need permit process Level iv to go higher The following would be allowed without any discretionary approval in all locations, except for Corner Sight Clearance Triangles: 1. Archways/trellises/pergolas up to 8 feet tall associated with a walkway through a fence and not making up more than 25% of the length of the fence along the applicable property line. 2. Open decorative features such as lattce that does not exceed the given maximum fence heights by more than 6 inches. *Except as allowed by Section (d)5(A) **County Public Works Department guidelines establish applicable Corner Sight Clearance Triangle requirements *** In the coastal zone, a coastal development permit will be required for all fence and retaining wall development unless it is exempt from coastal development permit requirements pursuant to County Code Sections or Walkway fence openings, with or without gates, may have associated archways/trellises/pergolas up to a maximum height of 8 feet without a discretionary approval, except in corner sight clearance triangles, where no fence or retaining wall shall exceed three feet in height. Archways/trellses/pergolas may not make up more than 25 percent of the length of the fence along a given property line without a Level iv development permit. Notwithstanding the above exceptions for discretionary approval and development permits, in the coastal zone all such archways/trellises/pergolas shall require a coastal development permit unless exempt from coastal development permit requirements pursuant to County Code Sections or Page 4 of6..~ t- Lf

22 ~ ATTACHMENr~ i 5. Open architectural, decorative, and ornamental features such as lattice may exceed the given maximum fence heights by no more than six (6) inches without a discretionary approval, except in corner sight clearance triangles, where no fence or retaining wall shall exceed three feet in height. Open means that no more than 50 percent of the 8'41 6-' feature may be opaque. Notwithstanding the above exceptions for discretionary approval and development permits, in the coastal zone all such archways/trellises/pergolas shall require a coastal development permit unless exempt from coastal development permit requirements pursuant to County Code Sections or (d) Over-Height Fence Certification. An over-height fence certification may be issued upon the Planning Director making the findings required by County Code Section (a) and, if in the coastal zone, the finding that the subject development will not adversely impact public views and scenic character. SECTION II Section C "C" definitions of the Santa Cruz County Code is hereby amended to add the definition "Corner sight clearance triangle" to read as follows: Corner sight clearance triangle. A triangular area formed by two lot lines abutting upon a street, alley, or driveway and a line connecting them at points equally distant from their intersection within which, for vehicular and pedestrian visibility and safety purposes, no fence, hedge, landscaping, wall, structure, or material that exceeds 3 feet in height may be placed. SECTION IV Section F "F" definitions - definition of "Fence" - of the Santa Cruz County Code is hereby amended to read as follows: Fence. Any construction of wood, metal, plastic, earth or other materials obstructing the clear view, but not including a structure as defined herein or a hedge. SECTION V Section H "H" definitions - definition of "Hedge" - of the Santa Cruz County Code is hereby amended to read as follows: Hedge. Any arrangement of plants or trees obstructing the clear view. SECTION VI Section "0" definitions of the Santa Cruz County Code is hereby amended to add the definition "Over-Height Fence Certification" to read as follows:,lfil~,: Page 5 of6

23 ATTACHMENT~, Over-Height Fence Certification. An administrative approval certifying that a fence that does not require approval of a coastal development permit pursuant to Sections or , and which is between the maximum height allowed without a development permit and the lowest height for which a Level iv development permit is required pursuant to (c)3, meets the purposes of the fence and retaining wall regulations in Section (a) and (b). ~3 QoI = SECTION VII Section (b)(7) is hereby added to the Santa Cruz County Code to read as follows: Fences, wall, and hedges shall be sited and designed so that they do not block significant public views and so that they do not significantly adversely impact significant public views and scenic character. SECTION VIII This ordinance shall take effect upon concurrence by the Coastal Commission with its Executive Director's finding that the acceptance of the suggested modifications has been properly accomplished. PASSED AND ADOPTED by the Board of Supervisors of the County of Santa Cruz this day of, 2012, by the following vote: AYES: SUPERVISORS NOES:SUPERVISORS ABSENT: SUPERVISORS ABSTAIN: SUPERVISORS CHAIRPERSON, BOARD OF SUPERVISORS ATTEST: Clerk of the Board APPROVED AS TO FORM: ~ County Counsel Copies to: Planning Public Works County Counsel Page 6 of6 Lfif