COUNTY OF SAN MATEO

Inter-Departmental Correspondence

ENVIRONMENTAL SERVICES AGENCY

DATE:

November 22, 2005

BOARD MEETING DATE:

December 6, 2005

SPECIAL NOTICE/HEARING:

10 days, within 300 feet

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

Marcia Raines, Director of Environmental Services

SUBJECT:

STAFF REPORT ADDENDUM: Consideration of a Fence Height Exception, to legalize a 7-foot high fence on the right side and rear yards, and a 6-foot high fence along the front and left side yards where 6 feet on the right and rear yards and 4 feet on the right yard is allowed on the property located at 65 Inyo Place, in the unincorporated Sequoia Tract area of San Mateo County. (Appeal of Planning Commission's decision for denial.)

File Number:

PLN 2004-00395 (Davis)

RECOMMENDATION

1.

Accept the report of Planning staff and make the finding per Board Resolution No. 63037, dated July 27, 1999, that fences, hedges or walls erected in the public right-of-way prior to 1998 may remain if such fence, hedge or wall does not impede sight distance, or cause an obstruction to motorists, cyclists or pedestrians.

2.

Grant the appeal and allow on private property the 7-foot high fence on the right side and rear yards subject to the findings and conditions of approval.

VISION ALIGNMENT

Commitment: The Planning Commission in making its decision found that the approval of the fence height exception was in conflict with the commitment of “Ensuring basic health and safety for all.” By upholding the Planning Commission’s decision, the Board would be reinforcing this commitment.

Goal No. 7: Maintain and enhance the public safety of all residents and visitors. The Planning Commission in making its decision determined that they were unable to make the required finding that the fence in its current configuration would/will not jeopardize public safety.

BACKGROUND

On December 14, 2004, the Planning Director denied the application for a fence height exception to legalize the subject over-height fence for the following reasons: Zoning Regulations Section 6412.2 requires the Planning Director to deny a fence height exception if objections are raised by surrounding neighbors.

An appeal of this decision was filed by the applicant on December 29, 2004.

Planning Commission Action: On May 11, 2005, the Planning Commission denied the appeal. An appeal of this decision was filed by the applicant on May 31, 2005.

Previous Board of Supervisors Action: On October 18, 2005, the Board heard testimony from the applicant and concerned neighbors, and continued the item to allow Planning staff sufficient time to review County Regulations pertaining to fences and hedges, and to allow Public Works staff an opportunity to conduct a field study to determine whether the fence at 65 Inyo Place is located in the public right-of-way and under the jurisdiction of the Department of Public Works.

DISCUSSION

Section 6412 of the County Zoning Regulations regulate both fences and hedges on corner lots on private property. Hedges and walls shall not exceed four (4) feet in any front or side yard and shall not exceed six (6) feet in the rear yard. Such hedges are also eligible for exceptions to allow an additional two (2) feet if the hedge poses no negative safety impacts. While hedges are subject to the same restrictions and exceptions as fences, the subject application initially focused on the fence.

The fence with its scalloped design ranges in height from five (5) feet, to six (6) feet at the highest peak along the left side of the property. In the rear, the fence height ranges from six (6) to seven (7) feet at the highest peak. Along the right, the fence height ranges from six (6) to seven (7) feet at the highest peak.

There are sections of the fence that are on private property and subject to County Zoning Regulations and Exceptions, and sections of the fence that are located in the public right-of-way and subject to the Department of Public Works Regulations.

Public Works staff conducted a field inspection and determined that the public right-of- way width on Inyo Place is fifty (50) feet, concluding that the fence is actually one foot, six inches (1’ 6”) into the public right-of-way. The public right-of-way on Cerrito Avenue is sixty (60) feet, whereby the fence is three feet, six inches (3’6”) into the public right-of-way.

The portion of the fence located within the public right-of-way, i.e. along Inyo Place and Cerrito Avenue, is subject to Department of Public Works Regulations. The Department of Public Works has determined that the fence, which was erected prior to 1998, is not an obstruction to, nor limits sight distance of motorists, cyclists or pedestrians.

The portion of the fence on private property, i.e. the right side and rear, is subject to County Zoning Regulations and no factual evidence exists verifying the fence’s detrimental impact to those properties on the right and rear side of the subject property. Therefore granting of the exception for seven (7) feet along the rear and right of the property is appropriate.

NEW CONDITION OF APPROVAL

In the event the Board makes the findings of the subject Department of Public Works Resolution (Attachment B) and determines that the fence at 65 Inyo Place, which was erected prior to 1998, may remain in its current location, the following conditions of approval would apply:

“The applicant shall trim and keep the hedge trimmed to a four (4) foot maximum height and to a maximum six (6) inch depth past the right-of-way boundary in order to mitigate the perceived visual safety issues in the community.”

FISCAL IMPACT

No fiscal impact.

ATTACHMENTS

A.

Recommended Findings and Condition of Approval

B.

Board Resolution No. 63037

Attachment A

COUNTY OF SAN MATEO

ENVIRONMENTAL SERVICES AGENCY

RECOMMENDED FINDINGS AND CONDITION OF APPROVAL

Permit File Number: PLN 2004-00395

Board Meeting Date: December 8, 2005

Prepared By: Tiare Peña

For Adoption By: Board of Supervisors

RECOMMENDED FINDINGS

1.

Approving the exception for the right and rear side fences does not jeopardize public safety.

2.

Approving the exception for the right and rear side fences will be compatible with the neighborhood surrounding the parcel where the fence would be placed and will not be detrimental to the public welfare.

3.

The right and rear side fence promotes or enhances good design, site relationships and other aesthetic considerations in accordance with San Mateo County General Plan Policy 4.14.

4.

Make the finding per Board Resolution No. 63037, dated July 27, 1999, that fences, hedges or walls erected in the public right-of-way prior to 1998 may remain if such fence, hedge or wall does not impede sight distance, or cause an obstruction to motorists, cyclists or pedestrians.

RECOMMENDED CONDITION OF APPROVAL

1.

The applicant shall trim and keep the hedge along Inyo Place and Cerrito Avenue trimmed to a four (4) foot maximum height and to a maximum six (6) inch depth past the public right-of-way boundary in order to mitigate the perceived visual safety issues.