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HomeMy WebLinkAbout2002-05-06 City Council (8)City of Palo Alto City Manager’s Report TO: FROM: DATE: SUBJECT: HONORABLE CITY COUNCIL CITY MANAGER DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT MAY 6, 2002 CMR:225:02 MODIFICATIONS TO FENCE HEIGHT AND FLOOR AREA RATIO (FAR). REGULATIONS FOR RESIDENTS IMPACTED BY SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY FLOODWALL REPLACEMENT PROJECT. REPORT IN BRIEF The enlargement of the creekside easements resulting from the San Francisquito Creek Joint Power Authority Floodwall Replacement Project requires relocation and reconstruction of rear yard fences and removal of substantial, mature screening vegetation. The City Council directed staff to develop a plan to address the fence height and Floor Area Ratio (FAR) issues as a result of a Colleagues’ Memorandum from Vice Mayor Mossar and Council Member Burch. Staff proposed amendments to Titles 16 and 18 of the City of Palo Alto’s Municipal Code to address both the fence height and FAR issues. The Planning and Transportation Commission reviewed the proposed amendments at its April 10, 2002 meeting and unanimously passed a motion to recommend to the City Council the adoption of the proposed amendments to the Palo Alto Municipal Code, provided that staff modify language on the proposed amendment addressing the fence height issue in order to allow ten foot rear fences or walls to sites adjacent to the San Francisquito Creek flood control expansion area if the portion of the site subject to a permanent easement is altered inany way. Based on the Commission’s comments, staff has modified the proposed amendments for the City Council’s review and adoption. CMR:225:02 Page 1 of 4 RECOMMENDATION Staff and the Planning and Transportation Commission recommend that the City Council adopt the proposed amendments to Title 16 (Section 16.24.020) and Title 18 (Section 18.88.070) of the Palo Alto Municipal Code to modify fence height and Floor Area Ratio (FAR) Regulations for residents impacted by the San Francisquito Creek Joint Powers Authority Floodwall Replacement Project. BACKGROUND The City is working with the other member agencies of the San Francisquito Creek Joint Powers Authority (JPA) on a project to restore earthen levees along San Francisquito Creek downstream of Highway 101 to their original as-built elevations. The project also includes the replacement of an existing floodwall upstream of Highway 101 at the rear of fifteen properties along Edgewood Drive by the Santa Clara Valley Water District (District). The District is seeking permanent easements across a portion of these properties in order to facilitate future long-term maintenance of the floodwall. " The Edgewood Drive residents expressed concerns about two potential impacts of the floodwall project during neighborhood meetings held on October 24, 2001, November 26, 2001, and March 7, 2002. First, they are concerned that it will be necessary for the District to remove a certain amount of screening vegetation along the rear of their properties in order to construct the wall. Therefore, they requested that the City amend the Municipal Code to allow them to construct rear property fences taller than normally allowed under the Zoning Ordinance (seven feet) in order to compensate for the lack of vegetation and restore their existing level of privacy. Secondly, the Zoning Ordinance stipulates that easement areas are excluded from gross lot area when calculating the floor area ratio (FAR). Since the residents do not want to have their allowable FAR reduced as a result of granting an expanded flood control easement to the District for the floodwall construction, they asked the City either to amend the ordinance or grant a variance for all affected properties to prevent potential loss of FAR for future development. On March 25, 2002, the City Council directed staff to develop a plan to address the fence height and FAR issues as a result of a Colleagues’ Memorandum dated March 21, 2002 from Vice Mayor Mossar and Council Member Burch. PLANNING AND TRANSPORTATION COMMISSION REVIEW The Planning and Transportation Commission (Commission) reviewed the proposed amendments on April 10, 2002. The primary focus of the Commission discussion centered on the public testimony of Mr. Jeffrey Shore. Mr. Shore, who resides at 1905 Edgewood Drive, Palo Alto, asked the Commission to reevaluate the language of the proposed amendment addressing the fence height issue. At the time of the Commission CMR:225:02 Page 2 of 4 review, the proposed amendment to Title 16 allowed sites adjacent to the San Francisquito Creek flood control expansion area to build rear property fences or walls up to ten feet in height only if there was a net increase in .area to the portion of the site subject to a permanent easement. Mr. Shore stated that some easements will not increase in size but boundary changes will still require fence rebuilding and result in loss of mature vegetation. The Commission unanimously recommended,to the City Council that the proposed amendments to the Palo Alto Municipal Code be modified to allow ten feet rear fences or walls to sites adjacent to the San Francisquito Creek flood control expansion area if the portion of the site subject to a permanent easement is altered in any way. Subsequent to Commission review, staff reassessed the proposed amendment addressing the FAR issue and concluded that setback requirements should also be included as one of the calculations that should not be altered. Staff considered it inappropriate for these lots in an existing, developed neighborhood to suffer reduction in permitted floor area and potential developable area because of floodwall modifications. As a result, staff recommends to the .Cot~ncil the adoption of the amendment to Title 18 (Section 18.88.070) specifying that lot area, lot dimensions, and setback requirements shall be calculated for properties adjacent to San Francisquito Creek as if the post-January 1, 2002 easement had not been created. POLICY IMPLICATIONS The recommended amendments are consistent with the goals and policies in the Palo Alto Comprehensive Plan. Applicable policies are as follows: Natural Environment Policy N-10 Work with the Santa Clara Valley Water District and other relevant regional agencies to enhance riparian corridors and provide adequate flood control by use of low impact restoration strategies. TIMELINE If Council approves the proposed amendments, the ordinance shall be effective on the thirty-first day after its adoption. ENVIRONMENTAL REVIEW The adoption and implementation of this ordinance is exempt from the California Environmental Quality Act under Guideline 15305. ATTACHMENTS Attachment A: Draft Ordinance Attachment B: 4/10/02 Staff Report to the Planning and Transportation Commission CMR:225:02 Page 3 of 4 PREPARED BY Roland Rivera, Associate Planner DEPARTMENT HEAD REVIEW: Director of Planning and Community Environment CITY MANAGER APPROVAL: ¯ Assistant City Manager CMR:225:02 Page 4 of 4 Attachment A ORDINANCE NO 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 follows: SECTION i. 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 i0, 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. 020422 syn 0091043 SECTION 2. Section 16.24.020 of the Municipal Code is hereby amended to read as follows: "16.24.020 Standard fences - location regulations. Height and :- (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. (I) 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 within 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 020422 syn 0091043 and the eastern city limit, provided that the fence complies with the following: il) Fences shall, be located on private property, nocloser than five feet from the edge of the sidewalk nearest the house; (2) Structural ~nd decorative posts or columns, not exceeding seven feet in height or eighteen inches in width, and spaced no closer than six feet apart, from center to center, shall be permitted; (3) The color, material and design of the fence shall be compatible with the architecture 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 i. Ga~es, 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 uD to ten feet in heiqht may be located at the rear of any sinqle family residential site adjacent to San Francisquito Creek and frontinq on Edqewood Drive if the portion of the site subject to a Dermanent easement in favor of the Santa Clara Valley Water District (or its successor in interest) for flood control purDoses is reconfiqured after January i, 2002." 020422 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 drainaqe 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 drainaqe 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 existinq easement over a lot adjacent to San Francis~uito Creek in favor of the Santa Clara Valley Water (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.Environmental Impact. The City Council finds that the adoption and ±mplementation of this ordinance is exempt from the California Environmental Quality Act under Guideline 15305. II II II II II // 4 020422 syn 0091043 SECTION 5. Effective Date. This ordinance shall be effective on the thirty-first day after its adoption. INTRODUCED: PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST:APPROVED: City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney Mayor City Manager Director of Planning and Community Environment 020422 syn 0091043 Attachment B PLANNING DIVISION STAFF REPORT TO: FROM: PLANNING & TRANSPORTATION COMMISSION Roland Rivera, Associate Planner .DEPARTMENT:Planning AGENDA DATE: SUBJECT: April 10, 2002 Fence Height and Lot Area Calculations: Proposed amendments to Fence Height (Section 16.24.020 of the Palo AltoMunicipal Code) and Lot Area Calculations within watercourse easements (Section 18.88.070 of the Palo Alto Municipal code) to single family residential sites impacted by San Francisquito Creek Joint Power Authority Floodwall Replacement Project. RECOMMENDATION Staff recommends that the Planning Commission recommend- the city Council approve and adopt the proposed amendments (Attachment A) to Title 16 (Section 16.24.020) and Title 18 (Section 18.88.070) of the Palo Alto Municipal Code to modify fence and easement regulations along a portion of San Francisquito Creek. BACKGROUND The City is working with the other member agencies of the San Francisquito Creek Joint Powers Authority (JPA) on a project to restore earthen levees along San Francisquito Creek downstream of Highway 101 to their original as-built elevations. The. project also includes the replacement of an existing floodwall upstream of Highway 101 at the rear of fifteen properties along Edgewood Drive (Attachment B). The Santa Clara Valley Water District (District) is administering the portion of the work on the south bank of the creek. In order to construct the new floodwall, it will be necessary for the District’s contractor to City of Palo Alto Page 1 access a portion of the rear yards of these properties. The District is also seeking permanent easements across a portion of these properties in order to facilitate future long- term maintenance of the floodwall. The Edgewood Drive residents expressed concerns about two potential impacts of the floodwall project during neighborhood meetings held on October 24, 2001, November 26, 2001, and March 7, 2002. First, they are concerned that it will be necessary for the District to remove a certain amount of screening vegetation along the rear of their properties in order to construct the wall. Therefore, they requested that the City amend the ordinance to allow them to construct rear property fences taller than normally allowed under the Zoning Ordinance (seven feet) in order to restore their existing level of privacy. Secondly, the Zoning Ordinance stipulates that easement areas are excluded from gross lot area when calculating the floor area ratio (FAR). Since the residents do not want to have their allowable FAR reduced as a result of granting an expanded flood control easement to the District for the floodwall construction, they asked the City either to amend the ordinance or grant a variance to prevent potential loss of FAR for future development. On March 25, 2002, the City Council directed staff to develop a plan to address the fence height and FAR issues as a result of a Colleagues Memorandum from Vice Mayor Mossar and Council Member Burch (Attachment C). DISCUSSION Fence Height The San Francisquito Creek Joint Power Authority F10odwall Replacement Project is necessary to increase the flood flow capacity of San Francisquito Creek by restoring the levees to the 1958 as-built elevations and provide mitigation for.increased flooding risks ¯ associated with, the increased levee height: The enlargement of the creek side easements resulting from the floodwall replacement project requires relocation and reconstruction of rear yard fences and removal Of substantial, mature screening vegetation. Since it may¯ take many years to establish sufficient screening to restore the existing level of privacy for the single-family residential sites impacted by the floodwall project, amending the existing regulations to allow higher fences seemed warranted. Staff worked with the residents of the fifteen properties directly affected to determine an appropriate maximum height for the rear yard fences. Letters were sent to notify the residents that staff will be installing "story poles" to simulate fence heights of eight and ten feet above ground to test the visual impacts of fences of various heights. Most of the City of Palo Alto Page 2 residents who responded preferred the ten feet maximum height for the rear yard fences. As a result, staff recommends amending the City’s existing Zoning Ordinance to allow a fence or wall up to ten feet in height to 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 an easement for flood control purposes increased in area after January 1, 2002. This ordinance change would address the fifteen properties currently affected as well as any other property within this area that may require an additional District easement. Floor Area Ratio The proposed expanded easement areas are designed to reduce the danger Of flooding and improve the ecology of the creek and are not to be developed for other purposes. Land subject to creekside easements are not included in the site area when calculating FAR under the City’s existing Zoning Ordinance. However, in this case, staff considers it inappropriate for these lots in an existing, developed neighborhood to suffer reduction in permitted floor area because of floodwall modifications. Therefore, staff recommends amending the City’s existing Zoning Ordinance to ensure that the expansion of any existing easement by the District over a lot adjacent to San Francisquito Creek to mitigate flood impacts on or after January 1, 2002 shall not alter the calculation of lot area or lot dimensions. Lot area shall be calculated for such lots as if the post-January 1, 2002 easement had not been created. POLICY IMPLICATIONS Comprehensive Plan The recommended amendments are consistent with the goals policies in the Palo Alto Comprehensive Plan. Applicable policies are as follows: Natural Environment Policy N-I 0 Work with the Santa Clara Valley Water District and other relevant regional agencies to enhance riparian corridors and provide adequate flood control by use of low impact restoration strategies. The construction of the floodwall is an important, project that will provide increased flood protection to residents and businesses in northeast Palo Alto. The concerns of the Edgewood residents can be addressed without compromising either the project or the overall interests of the City. City of Palo Alto Page 3 ENVIRONMENTAL REVIEW The adoption and implementation of this ordinance is exempt from the California Environmental Quality Act under Guideline 15305. NEXT STEPS Following Planning Commission review and recommendation, the amendments to the City’s current Zoning Ordinance will be heard by the City Council for decision at its May 6, 2002 meeting. If Council approves the amendments, the ordinance shall be effective on the thirty-first day after its adoption. ATTACHMENTS/EXHIBITS: Attachment A - Draft Ordinance Attachment B - Site Map Attachment C - City Council Colleague’s Memorandum Prepared by: Roland Rivera, Associate Planner Reviewed by: Julie Caporgno, Advance Planning Manager Department/Division Head Approval: Lisa Grote, Chief Planning Official City of Palo Alto Page 4 EDGEWOOD DRIVE ;HORE ROAD WEST Site Map San Francisquito Creek Joint Power Authority Floodwall Replacement Project Office of the City Council MEMORANDUM DATE:March 21, 2002 TO:City Council Colleagues FROM:Vice Mayor Mossar and Council Member Burch SUBJECT:Modifications to Fence Height and Floor Area Ratio (FAR) Regulations for Residents Impacted by San Francisquito Creek Joint Powers Authority Fioodwall Replacement Proiect The City is working with the other member agencies of the San Francisquito Creek Joint Powers Authority (JPA) on a project to restore the earthen levees along San Francisquito Creek downstream of Highway 101to their original as-built elevations. The project also includes the replacement of an existing floodwall upstream of Highway 101 at the rear of fifteen properties along Edgewood Drive. The portion of the work on the south bank of the creek is being administered by the Santa Clara Valley Water District (District). In order to construct the new floodwall, it will be necessary for the District’s contractor to access a portion of the rear yards of these properties. The District is also seeking permanent easements across a portion of these properties in order to facilitate future long- term maintenance of the floodwall. During neighborhood meetings to. discuss the floodwall project, the Edgewood Drive residents expressed concerns about two potential impacts of the project. First, they are concerned that it will be necessary for the District to remove a certain amount of screening vegetation along the rear of their properties in order to construct the wall. Therefore, they requested that the City allow them to construct rear property fences taller than normally allowed under the Zoning Ordinance (eight feet) in order to restore their existing, level of privacy. Secondly, the residents noted that the Zoning .Ordinance stipulates that easement areas are excluded from gross lot area when calculating Floor Area Ratio (FAR). They do not want to have their allowable FAR lowered as a result of granting an expanded flood control easement to the District for. the floodwall construction. Therefore, they asked that the City amend the ordinance or grant a variance to prevent this loss in future development potential. We support the construction of the floodwall as an important project that will provide increased flood protection to residents and businesses in northeast Palo Alto. We also believe that the concerns of the Edgewood Drive residents can be addressed without compromising the project nor the overall interests of the City. Therefore, we recommend that Council direct staff to develop a plan to address the fence height and FAR issues described above and submit it to the Planning and Transportation Committee for review prior to returning to Council for final approval.