HomeMy WebLinkAbout2002-05-20 Ordinance 4751follows:
ORDINANCE NO. 4751
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO
ALTO AMENDING CHAPTER 16.24.020 [STANDARD FENCES
-HEIGHT AND LOCATION REGULATIONS] OF TITLE 16
AND CHAPTER 18.88.070 [WATERCOURSE OR CHANNEL]
OF TITLE 18 OF THE MUNICIPAL CODE TO MODIFY
FENCE AND EASEMENT REGULATIONS ALONG A PORTION
OF SAN FRANCISQUITO CREEK
The City Council of the City of Palo Alto does ordain as
SECTION 1. The Council finds and declares that:
A. The Santa Clara Valley Water District has existing
easements over residential properties adjacent to San
Francisquito Creek. It has determined that it is advisable to
enlarge these easements over certain single family residential
lots to provide better flood protection and creek management.
B. Land subject to creekside easements are not
included in site area when calculating floor area ratios under
the City's zoning Ordinance. The new easement areas may contain
structures designed to reduce the danger of flooding and improve
the ecology of the creek; they will not be developed for other
purposes. It is inappropriate for these lots to suffer a
reduction in permitted floor area because of dedication of
expanded easements to the Santa Clara Valley Water District in
order to improve flood protection.
C. The enlargement of the creekside easements will
require relocation and reconstruction of rear yard fences. It
also requires removal of substantial, mature screening vegetation
which will take many years to restore the existing level of
privacy. This impact can be addressed in part by permitting the
construction of ten foot rear fences or walls where seven would
otherwise be permitted.
D. The Planning and Transportation Commission held a
public hearing on this proposed amendment to the Municipal Code
on April 10, 2002, and after considering the information and
testimony provided, recommended approval of it.
E. The City Council held a public hearing on this
proposed amendment on May 6, 2002.
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020530 syn 0091043
SECTION 2. Section 16.24.020 of the Municipal Code
is hereby amended to read as follows:
"16.24.020 Standard fences Height and
location regulations.
(a) Fences between the street setback line
and the lot line. A fence, wall, or other
structure in the nature of a fence located
between the street setback line and the lot
line, shall be permitted up to four feet in
height, except as otherwise provided in this
chapter. Support posts or columns, not exceeding
five feet in height or eighteen inches in width,
and pedestrian gates and trellises used as
entryway features, not exceeding eight feet in
height, three feet in depth or five feet in
width shall be permitted.
(b) Fences beyond setback line.
(1) Front yards and street side yards.
A fence, wall, or other structure in the nature
of a fence, located beyond the street setback
line in a front yard or other street side yard
shall not exceed six feet in height, except
that, where a street setback line exceeds
sixteen feet, such fences or walls may be
constructed to wi thin sixteen feet of the lot
line.
(2) Interior side yards and rear
yards. A fence, wall or other structure in the
nature of a fence, located beyond the street
setback line in an interior side yard or rear
yard, shall not exceed seven feet in height,
except that where a street setback line exceeds
sixteen feet, such fences or walls may be
constructed to within sixteen feet of the lot
line.
(c) Fences on University Avenue. A fence,
wall or other structure in the nature of a
fence, up to six feet in height, except as
otherwise provided in Section, may be located
within the front and street side yard setbacks
on residential property having street frontage
on University Avenue, between Middlefield Road
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020530 syn 0091043
and the eastern city limit, provided that the
fence complies with the following:
(1) Fences shall be located on
private property, no closer than five feet from
the edge of the sidewalk nearest the house;
columns,
eighteen
than six
shall be
(2) Structural and decorative posts or
not exceeding seven feet in height or
inches in width, and spaced no closer
feet apart, from center to center,
permitted;
(3) The color, material and design of
the fence shall be compatible with the
archi tecture of the main dwelling unit on the
site;
(4) Screen landscaping and associated
irrigation shall be installed and maintained on
the street side of the fence;
(5) Fences exceeding four feet in
height shall not be located within a triangular
area (a "sight distance triangle") measured from
a driveway, as shown in Figure 1. Gates, which
when in an open position, are entirely outside
of the "sight distance triangle" shall be
permitted.
(d) Fences adjacent to San Francisquito
Creek flood control expansion area. A fence or
wall up to ten feet in height may be located at
the rear of any single family residential site
adjacent to San Francisquito Creek and fronting
on Edgewood Drive if the portion of the site
subject to a permanent easement in favor of the
Santa Clara Valley Water District (or its
successor in interest) for flood control
purposes is reconfigured after January I, 2002."
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020530 syn 0091043
SECTION 3. Section 18.88.070 of the Municipal Code
is hereby amended to read as follows:
"18.88.070 Watercourse or channel.
No portion of a lot which is located within
the easement lines, or top of the banks in the
event such easement lines cannot be ascertained,
of any natural watercourse, river, stream,
creek, waterway, channel, or flood-control
easement or drainage easement shall be included
in the determination of lot area and lot
dimensions. In the case of any such lot which is
bounded, in whole or in part, by any such
natural watercourse, river, stream, creek,
waterway, channel, or flood-control easement or
drainage easement, for those portions of the lot
so bounded, all measurements and dimensions
specified by this title and related to or
determined from lot lines shall be measured from
said easement line, or top of the bank, of such
watercourse. Provided, the expansion of an
existing easement over a lot adjacent to San
Francisquito Creek and fronting on Edgewood
Drive in favor of the Santa Clara Valley Water
District (or its successor in interest) on or
after January I, 2002 shall not alter the
calculation of lot area. Lot area, lot
dimensions, and setbacks shall be calculated for
such lots as if the post-January I, 2002
easement had not been created."
SECTION 4. It is the intention of the City Council that
this ordinance apply only to those properties fronting on
Edgewood Drive with permanent flood control easements altered by
the operations of the Santa Clara Valley Water District.
SECTION 5. Environmental Impact. The City Council finds
that the adoption and implementation of this ordinance is exempt
from the California Environmental Quality Act under Guideline
15305.
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020530 syn 0091043
SECTION 6. Effective Date. This ordinance shall be
effective on the thirty-first day after its adoption.
INTRODUCED: May 6, 2002
PASSED: May 20, 2002
AYES: BEECHAM, BURCH, FREEMAN, KISHIMOTO, KLEINBERG, LYTLE,
MORTON, MOSSAR, OJAKIAN
NOES:
ABSTENTIONS:
ABSENT:
ATTEST: APPROVED:
c~3-'~
APPROVED AS TO FORM:
W2-~
r Asst. City Attorney
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020530 syn 0091043