Suggested Modifications. (831) FAX: (831) Too: (831) KATHLEEN MOLLOY PREVISICH, PLANNING DIRECTOR

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1 0401 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 necessar 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 arrangement of plants or trees obstructing the clear view. The current fence ordinance language includes hedges in the definition offence. In the amendments your Board adopted last year, the word hedge was deleted from the definition of fence because of the Page lof3 '\ &5

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 10, difculties of regulating hedges as fences and the legal ramifcations of that in the recent past. Also, the hedge definiton itself was deleted from the definitions section in Chapter I 3.1 O. 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 additional environmental review nor is a Notice of Exemption to environmental review required. 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; 2. Adopt the resolution and ordinance accepting each modification as suggested by the Coastal Commission; and ~ 55 Page 2 of3

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 10, 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/. -. J '1. 7 1;.1' /1 ~ ljlvq I rrwl7r? Kathy M. Pr~visich Planning Director Attachments: 1. Resolution with strike-through ordinance 2. Clean ordinance RECOMMENDED: 111 A. ffmidh SUSAN A. MAURIELLO County Administrative Officer KP: WW\SG\G:\Board Letters\Pending\ Page 3 of3 as

4 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: 0404 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 WHEREAS, 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 comers; 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. 55 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. Page 1 of2

5 California, this day ATTACHlvlEN.1 PASSED AND ADOPTED by the Board of Supervisors of the County of Santa Cruz, State of of,2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: SUPERVISORS SUPERVISORS SUPERVISORS SUPERVISORS 0405 ATTEST: Chairperson of the Board of Supervisors Clerk of the Board DISTRIBUTION: County Counsel Planning Department. ~ 15 Page 2 of2

6 ORDINANCE NO ATTACHMENII.~ txhiblr 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 railngs 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 55 Page 1 of6

7 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 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) Fence/Retaining Wall at property line -- CD te Lowest Edge of traveled way - -way.,i I B Finished Grade / 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,Ç) 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 for a distance.. Page 2 of6 as

8 (ii) (iii) fi t'\ ~.,.' /1-': ~ of 30 feet along each street right-of-way; or EXHJBlT A 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 0408 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 lj ':::::. l :::. Driveway Intersecting a Street Edge at Pavement Street Right-ot-Way Lines Propert Abutting Two Streets Corner Sight Clearance Triangles for local residential neighborhood streets 55 Page 3 of6

9 3. Fence Location and Height Table ATTACHMENTI, EXHIBIT A 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 USL and RSL 3 feet* 8 feet As determined through permit process As determined through permit process 0409 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 Abuttng 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/trellses/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/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/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 as

10 ATTACHMENT i l 5. Open architectural, decorative, and ornamental features such as EXHlBfT,i 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 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. 5a Page 5 of6

11 SECTION Section "0" definitions of the Santa Cruz County Code is hereby amended to add the definition "Over-Height Fence Certification" to read as follows: VI ATTACHMENT 1, EXHIBIT A 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 04', 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. this day PASSED AND ADOPTED by the Board of Supervisors of the County of Santa Cruz 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 ". 15

12 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 55 Page 1 of6

13 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, 0413 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. Fence/Retaining Wall at propert line -- EE Lowest Edge of traveled way CD Finished Grade.,, 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. 85

14 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 -'0.. l.wv... 10'::::::- t :::. Driveway Intersecting a Street Edge at Pavement Street Right-at-Way Lines l.wv... 25'::::::' t :::. Propert Abutting Two Streets Corner Sight Clearance Triangles for local residential neighborhood streets 55 Page 3 of6

15 3. Fence Location and Height Table ATTACHMENT ~, Property and Fence Location Maximum Height without Permit outside of Corner Sight Distance Triangles** *** Maximum Height with Over-height Fence Certification outside of Corner Sight Distance Triangles** *** Maximum Height with a iv or above Permit *** Level 0415 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 Level iv to go higher 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 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/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 lo ~ "r us

16 ATTACHMENT~ ~ 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 0416 feature may be opaque. 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 (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: 55 Page 5 of6

17 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 0417 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: e: County Counsel Copies to: Planning Public Works County Counsel Page 6 of6 55

18 ~ Powers ~ land Planning, Inc. lend Use end Development Consulting County of Santa Cru Board of Supervisors 701 Ocean Street, 5th Floor Santa Cru, CA April 6, 2012 RE: Agenda Item #55 Public Hearing to consider incorprating two Coastal Commission suggested modifications to amendments to the County's Fence Regulations in Santa Cru County Code Chapters and regarding public view shed protection and the definition of hedge. Dear Members of the Board, This letter is wrtten on behalf of the Coasta Propert Owners Association of Santa Cru County (CPOA). While we are aware that your Board approved the majority of the recommended Coastal Commission ordinance changes at your Februry 7, 2012 meeting, there are members of CPOA who believe that some of the suggested wording changes proposed by the Coastal Commission may have unforeseen negative consequences for coastal propert owners. Before incorporating the additional language as requested by the Coasta Commission, please consider the following concerns. The key relevant point for CPOA is that the suggested language of (b)(7) does not distinguish between existing and proposed fences, retaining walls or hedges. While this may be implied, the language does not specifically state this. There is concern that for coastal homes, propert owners wishing to remodel or constrct an addition to a house where a Coastal Permit is required, that the language in this section could be used to require removal of existing fences or hedges that curently may obstrct some subjectively interpreted 'significant public view'. Proposed (b)(7) language: "Fences, walls and hedges shall be sited and designed so that they do no block significant public views and so that they do not significantly adversely impact significant public views and scenic charter." P.O. Box 2409 Aptos, CA Office: Mobile: ron@powersplanning.com 5?

19 Board of Supervisors County of Santa Cruz Agenda Item: 55, April 10,2012 4/6/2012 Page 2 of3 This proposed section may appear to be innocuous and appropriate at first reading, but many owners are concerned that this languge may be very broady interpreted when applied on a project-specific level, requiring existing fences or hedges to be removed in an effort to increase an existing 'significant public view' ~ which is undefined and subject to interpretation. i The language of section (b)(7) is vague and subjective and is more appropriate as a Local Coastal Program policy statement than as an ordinance development stadard. This provides no certinty to homeowners when the Planning Department has made recent effort to clarify their ordinance language. The recently adopted ordinace changes provide a more objective approach to development standards. The definition of Hedge is also problematic. "Any arrangement of plants or trees obstrcting the clear view." Under this definition, one tree planted next to one shrb can be interpreted as a hedge. Plants within sight-distance trangles may be appropriately regulated for vehicular and pedestran safety, but expanding this to existing broad public viewsheds could be very diffcult to administer on a consistent basis. Suggestions: Option 1: CPOA would like to have the proposed section (b)(7) and the definition of "Hedge" deleted due to their subjective wording and the fact that the fudamental viewshed protection objectives are already included in standard Coastal Permit findings language~ or Option 2: If deletion is not supported by the majority of the Board, then please consider continuing this item once more in order for CPOA to work with staff on alternate language~ or Option 3: Insert language into a new 'PUROSE' section at the beginning of , indicating that this ordinance shall apply to newly proposed fences and shall not apply to existing development. Also, search the word 'hedge' in the County Code and only retain the word when relevant to vehicular line-of-sight regulations. Finally, at a minimum, insert the word "New" at the beginning of section (b )(7). i For example: side yards between many houses in Pleasure Point, Live Oak, Rio Del Mar, Seascape and many other areas have privacy fences and landscaping, which could be required to be removed to open views to the ocea. These are areas that have been visually obstructed for decades. While this may be the intent of some regulators, CPOA believes this is an infringement upon their privacy and private propert rights to be able to maintain their existing development patterns. This was a major concern during the recent nonconforming ordinance changes and your Board listened to the propert owner concerns recognizing that these existing situtions are likely to remain. For most situations, the nonconforming ordinance language provides for the ability to reconstrct nonconforming dwellings. Property owners should have similar rights for existing fences, retaining walls and hedges, unless a serious safety issue exists.

20 Board of Supervisors County of Santa Cruz Agenda Item: 55, April 10,2012 4/6/2012 Page 3 of3 Thank you for your consideration. Sincerely, - WRon Powers cc: Kathy Previsich, Planing Director Steve Guiney, Zoning Administrator Dan Carl, Coastal Commission District Manager Susan Craig, Coastal Planner P.O. Box 2409 Aptos, CA Office: Mobile: ron@powersplanning.com