Resolution No. _____________

Board of Supervisors, County of San Mateo, State of California

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Resolution Amending Resolution No. 63037 to Specify the Height and Location of Fences as May Be Allowed in Public Rights-of-Ways or Easements - North Fair Oaks Area

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RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that

WHEREAS, Section 1480.5 et. sec. of the California Streets and Highways Code provides that the Road Commissioner (Director of Public Works) can allow encroachments, including fences, walls and hedges in public road rights-of-ways or easements; and

WHEREAS, Resolution No. 63037, adopted by this Board, established the height of fences allowed in public road rights-of ways and easements, and procedures to be followed in applying for a permit to construct a fence in public rights-of-ways or easements; and

WHEREAS, the Fair Oaks Council, an advisory council to this Board, has recommended that fences in public rights-of-ways or easements in the unincorporated area of North Fair Oaks be:

a)

no higher than four (4) feet; and

b)

located a minimum of:

1)

one (1) foot behind existing sidewalks or sidewalk areas;

2)

eight (8) to nine (9) feet off the edge of the valley gutter or proposed edge of pavement for those roads that have been identified to be considered for minimum improvements as adopted by this Board for the unincorporated area in North Fair Oaks; and

3)

twenty (20) to twenty-two (22) feet from the centerline of the road on streets where minimum improvements have not been constructed, but where minimum improvements may be constructed pursuant to the minimum standards as approved by this Board for the North Fair Oaks area.

WHEREAS, the Director of Public Works has recommended that the fence policy as previously adopted by this Board be modified as recommended by the Fair Oaks Council; and

WHEREAS, this Board has considered the recommendation of the Fair Oaks Council and the Director of Public Works.

NOW THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the Director of Public Works shall use the following criteria when considering the approval of fences located in the public road rights-of-ways or easements in the North Fair Oaks area:

1.

Fences, hedges and walls (fences) will be subject to the encroachment permit process and permits will be denied for fences that are determined to be an obstruction or that limit the sight distance of motorists, cyclists or pedestrians.

2.

Fences as may be allowed in public road rights-of-ways or easements, including replacement fences shall be no more than four feet (4') in height.

3.

Fences approved to be constructed in public road rights-of-ways or easements, shall be set back a minimum of:

a)

one (1) foot from the back of existing sidewalks;

b)

one (1) foot behind the prolongation of the back of existing sidewalks on streets where there is evidence of sidewalks (generally 2nd Avenue through 6th Avenue between Middlefield Road and Edison Way and 7th Avenue between Middlefield Road and Park Road);

c)

eight (8) to nine (9) feet from the back of the valley gutter or curb line for streets where minimum improvements have been constructed; and

d)

twenty (20 ) to twenty-two (22) feet from the centerline of the street for streets where minimum improvements have not been constructed, but where minimum improvements may be constructed pursuant to the minimum standards as approved by this Board for the North Fair Oaks area.

4.

Except as modified above, the procedures as described in Resolution No. 63037 shall be used by an applicant applying for a permit to construct a fence in public road rights-of-ways or easements, and by the Department of Public Works in processing a permit application for construction of a fence in public road rights-of-ways or easements in the North Fair Oaks area.

5.

Resolution No. 63037, in all other respects, shall remain fully in effect.

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