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Joint BZA/PC Worksession Minutes November 8, 2007 Agenda No. 07-21 Page 2 of 7 Item 2: Fences, Walls and Hedges in the RS-VP District (a) Matter of consideration of amendments to the Zoning Code including Article 16, Section 4-1682 related to Fences, Walls and Hedges to preserve views in the RS-VP District. Commission Secretary Livermore noted that some issues have occurred in the RS-VP District that have had a negative impact on views, which prompted staff to conduct an extensive survey of ordinances in other hill and view communities in The Bay Area and around the state. At one point, they considered lengthy regulations to put into the code, but upon further review by staff as well as the Zoning Enforcement Official (ZEO) pared them back because sometimes "less is more." Accordingly, the proposal is pretty straightforward, in amending the language in the Zoning Code that deals with fences, walls and hedges. It would add restrictions to preserve views and prevent blockage of views by limiting the height of solid fencing to a maximum of three feet above natural grade. An additional three to four feet could be constructed of "transparent" fencing materials such as glass, Plexiglas or wire. Chain link would be excluded specifically. Ornamental iron is not included among the approved materials. The proposed language (in boldface italics) would add Subsection A.3: RS-VP District. In order to protect the existing view corridor, the maximum height of a solid fence, wall or hedge in the RS-VP district shall be no more than three (3) feet above natural grade. The portion of a permitted fence between the heights of three (3) feet to seven (7) feet shall be constructed with a transparent material such as but not limited to plastic, Plexiglas, glass, wire or other transparent material that allows for continued enjoyment of the view. Transparent materials do not include chain link, wood or lattice. Non- transparent structural materials necessary for the support of the fence are permitted every four (4) to six (6) feet. The views currently enjoyed by neighbors shall be respected The proposed construction does not unreasonably block or diminish neighbors' views of distant and scenic features, such as the San Francisco Bay and surrounding open spaces and skylines, while balancing the applicant's ability to improve the subject property in accordance with the applicable restrictions. Because for every rule there is an exception, a caveat: The Zoning Enforcement Official (ZED) may modem the fence height standards referenced subject to the approval of a Fence Modification Permit This is an administrative procedure currently used (for a nominal $200 fee) to allow something different from what the code requires on a case-by-case basis. Commissioner Dlugosh is concerned that Plexiglas tends to cloud up and cannot be cleared up. Although there are a number of different grades, most of them eventually deteriorate. The language should ensure that the material remains transparent indefinitely. Commissioner Collier said that some Plexiglas is UV-stabilized. Commissioner Dlugosh is also concerned about glass that becomes calcified and cannot be cleaned. That would present cases of homeowners who meet the letter of the law but defeat the purpose. The clarity issue, he said, needs to be clarified.