3A Public Hearing 2008 0107 - Laserfiche WebLink

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Planning Commission Meeting Minutes Agenda No. 07-23 December 13, 2007 Page 3 of 8 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 finished 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, glass or welded wire or other transparent material that allows for continued enjoyment of the view. Transparent materials do not include chain link, mini-mesh, chicken wire, wood or lattice. Non- transparent structural materials necessary for the support of the fence are permitted every four (4) feet. The views currently enjoyed by neighbors shall be respected. The proposed construction shall 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. The Zoning Enforcement Official (ZEO) may modify the fence height standards referenced subject to the approval of a Fence Modification Permit. Commissioner Dlugosh pointed out that the term "finished grade" needs further definition, because it is not clear. If I come into get a permit, my finished grade if I'm the lower property would be at bottom of the hill, when the ordinance is actually trying to maintain a view at the top of the grade. Secretary Livermore explained that the ZEO considered the finished grade being that on the property constructing the fence. Commissioner Dlugosh agreed, but the property owner constructing the fence would be the lower property, so language needs to address the point where limitations of blocking the view would come into play. As he understands the term, he explained, the finished grade of the lower property would not accomplish that purpose, because the property line is at the bottom of the hill. It would be the finished grade on the adjacent, affected uphill neighbor's property that should determine the fence location. Secretary Livermore explained that her understanding from discussing the issue with the ZEO is that the finished grade is where the two properties meet and where the fence is being constructed. Commissioner Dlugosh said that if that's the case, the ZEO is using a different reference on the term "finished grade" than he is accustomed to. In Commissioner Dlugosh's experience, finished grade is where the house is built after the property is graded. Secretary Livermore said that the finished grade references the location of the fence, not the home. Commissioner Dlugosh pointed out that those differencing references in themselves are reason for clearer language in the zoning code. Commissioner Collier said that the Uniform Building Code specifies that any construction regarding grade refers to highest point on the area of construction. Commissioner Dlugosh said he is just concerned that terminology might set up situations that might cause lawsuits to be filed, and wants it to be clearer up front.