José Nuño, Chairman. Exhibit A Amendments to Table

Transcription

1

2

3 City of Manteca PLANNING COMMISSION RESOLUTION NO A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MANTECA MAKING FINDINGS AND RECOMMENDING THE CITY COUNCIL APPROVES MUNICIPAL CODE AMENDMENT NO. MCA WHEREAS, the Manteca Planning Commission at their public hearing of November 10, 2015, considered Municipal Code Amendment No. MCA , filed by the City of Manteca, 1001 W. Center Street, Manteca, CA 95337; and, WHEREAS, the project is Citywide and affect all parcels within the City of Manteca; and, WHEREAS, the City determined that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Projects Consistent with a Community Plan, General Plan or Zoning; and WHEREAS, the Planning Commission determined a favorable recommendation to the Manteca City Council regarding the appropriateness of the Municipal Code Amendment No. MCA ; and, WHEREAS, section of the Manteca Municipal Code mandates the transmittal of a recommendation to the City Council by resolution; and NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the Manteca Planning Commission pursuant to Chapter and Chapter of the Manteca Municipal Code, upon evidence in the staff report and project file hereby submits a favorable recommendation of approval to the City Council for Municipal Code Amendment No. MCA based on the following findings: 1. The proposed Zoning Amendment is consistent with the General Plan and any applicable Specific Plan goals, policies, and implementation programs; 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; 3. The amendment has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); 4. The amendment is internally consistent with other applicable provisions of the Zoning Title. I hereby certify that Resolution No was passed and adopted by the Planning Commission of the City of Manteca in a regular meeting held November 10, 2015 by the following vote: Roll Call: AYES: NOES: ABSTAIN: ABSENT: José Nuño, Chairman Date Exhibit A Amendments to Table

4 Exhibit A Amendments to Table Maximum Height of Fences and Walls in Required Yard Area Location of Fence or Wall Maximum Height 1 Within required front setback 2 3½ feet 3 Within required street side setback 5 feet from back of sidewalk 2 3½ feet >5 feet from back of sidewalk 4 67 feet Within required interior side and rear setback 67 feet At the intersections of streets, alleys, and driveways 5 30 inches Outside of required setback 16 feet Notes: 1. As part of a discretionary entitlement, the designated Approving Authority may grant additional height or location requirements to enclose or screen specific areas or uses or for fences and walls designed for noise attenuation. 2. Setback area for street side yard is measured from back of sidewalk to the fence. If no sidewalk exists, then street side yard is measured from the property line to the fence. 3. Height of front yard fence may be increased to 4 feet if the fence remains substantially (minimum 80%) open and transparent (e.g., picket fences, open wood slats, open wrought iron). 4. For reversed corner lots, fences greater than 3½ feet in height shall be set back a minimum of 10 feet from the back of sidewalk. 5. See definition of clear visibility triangle in Chapter (Glossary of Terms).

5 City of Manteca Planning Commission AGENDA REPORT ITEM 6.3 MEETING DATE: October 27, 2015 APPLICATION NO: Municipal Code Amendment MCA REQUEST: The City of Manteca is proposing amendments to Title 17 Zoning of the Manteca Municipal Code to consider an increase in the City's maximum residential fence height. Amendments will be made to Chapter Fences and Walls, and Table (Maximum Height of Fences and Walls in Required Yard Area). LOCATION: APPLICANT: ZONING: GENERAL PLAN: CEQA STATUS: City-wide City of Manteca 1001 W. Center St. Manteca, CA Various Various This project has been determined to not be subject to the requirements of the California Environmental Quality Act (CEQA) per Section This exemption applies to projects that are consistent with the development densities and intensities established in the General Plan, and analyzed in the General Plan EIR. BACKGROUND: The City of Manteca is proposing amendments to Chapter Fences and Walls, and Table (Maximum Height of Fences and Walls in Required Yard Area). The purpose of the proposed amendment is to establish consistency between Manteca s current allowed maximum residential fence height and the State s building code which sets the maximum height a fence can be built without approval of a building permit. The maximum height of a residential fence in the City of Manteca is 6-feet, and the maximum height a fence can be constructed without requiring approval of a building permit is 7-feet. Staff is suggesting that the Planning Commission consider increasing the maximum residential fence height to 7-feet to establish consistency with building code to eliminate a variable that can create confusion when explaining fencing rules to the general public. Please refer to Attachment 1, which is a copy of Chapter Fences and Walls, including Table that summarizes heights relative to setbacks. Also, Attachment 2 is a copy of the Fences and Retaining Walls handout made available to the public. ANALYSIS: The City has no zoning or building permit requirements to construct a fence, which means no plans are required and no inspections are made. The property owner is solely responsible for the proper installation of a fence for its location on the property as well as its height. This is typical of most City ordinances. Given that there are specific location and height restrictions combined with no requirement to obtain City review and approval, staff finds that establishing consistency between related development standards helps reduce the potential for error. For this reason, Staff is suggesting that the Planning Commission considers increasing the Page 1 of 2

6

7 City of Manteca PLANNING COMMISSION RESOLUTION NO A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MANTECA MAKING FINDINGS AND RECOMMENDING THE CITY COUNCIL APPROVES MUNICIPAL CODE AMENDMENT NO. MCA WHEREAS, the Manteca Planning Commission at their public hearing of October 27, 2015, considered Municipal Code Amendment No. MCA , filed by the City of Manteca, 1001 W. Center Street, Manteca, CA 95337; and, WHEREAS, the project is Citywide and affect all parcels within the City of Manteca; and, WHEREAS, the City determined that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Projects Consistent with a Community Plan, General Plan or Zoning; and WHEREAS, the Planning Commission determined a favorable recommendation to the Manteca City Council regarding the appropriateness of the Municipal Code Amendment No. MCA ; and, WHEREAS, section of the Manteca Municipal Code mandates the transmittal of a recommendation to the City Council by resolution; and NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the Manteca Planning Commission pursuant to Chapter and Chapter of the Manteca Municipal Code, upon evidence in the staff report and project file hereby submits a favorable recommendation of approval to the City Council for Municipal Code Amendment No. MCA based on the following findings: 1. The proposed Zoning Amendment is consistent with the General Plan and any applicable Specific Plan goals, policies, and implementation programs; 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; 3. The amendment has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); 4. The amendment is internally consistent with other applicable provisions of the Zoning Title. I hereby certify that Resolution No was passed and adopted by the Planning Commission of the City of Manteca in a regular meeting held October 27, 2015 by the following vote: Roll Call: AYES: NOES: ABSTAIN: ABSENT: José Nuño, Chairman Date Exhibit A Amendments to Table

8 Exhibit A Amendments to Table Maximum Height of Fences and Walls in Required Yard Area Location of Fence or Wall Maximum Height 1 Within required front setback 2 3½ feet 3 Within required street side setback 5 feet from back of sidewalk 2 3½ feet >5 feet from back of sidewalk 4 67 feet Within required interior side and rear setback 67 feet At the intersections of streets, alleys, and driveways 5 30 inches Outside of required setback 16 feet Notes: 1. As part of a discretionary entitlement, the designated Approving Authority may grant additional height or location requirements to enclose or screen specific areas or uses or for fences and walls designed for noise attenuation. 2. Setback area for street side yard is measured from back of sidewalk to the fence. If no sidewalk exists, then street side yard is measured from the property line to the fence. 3. Height of front yard fence may be increased to 4 feet if the fence remains substantially (minimum 80%) open and transparent (e.g., picket fences, open wood slats, open wrought iron). 4. For reversed corner lots, fences greater than 3½ feet in height shall be set back a minimum of 10 feet from the back of sidewalk. 5. See definition of clear visibility triangle in Chapter (Glossary of Terms).

9 Chapter FENCES AND WALLS Purpose The purpose of this Chapter to regulate the height and location of fences to provide light, air, and privacy without obstructing views, to establish buffers between different land uses, and to safeguard against visual obstructions at the intersections of streets and/or driveways. For the purposes of this Title, the term fence includes fences or walls. (Ord , 2011) Applicability and Exemptions The requirements of this Chapter apply to all fences and walls, except as otherwise exempt below. A. Fences that are required by federal or state law or regulation, or which are required by the City for public safety (e.g., temporary construction site fencing), are exempt from this Chapter. B. Walls that are required by a mitigation measure and designed and approved through a tentative subdivision map, tentative parcel map, or major design review for noise attenuation are exempt from this Chapter. (Ord , 2011) Permit Requirements Except as provided below, no special planning permit or entitlement shall be required for fences or walls except that Zoning Conformance Approval (pursuant to Section ) shall be conducted in the event that a building permit is required. A. Site Plan and Design Review Required. Site Plan and Design Review is required for all fences that exceed the standards of this Chapter. B. Retaining Walls. Retaining walls, as defined in this Title, may only be constructed as part of an approved grading permit or as part of a roadway improvement project. (Ord , 2011) Measurement of Fence and Wall Height Fence and wall height shall be measured as the vertical distance between the lowest finished grade at the base of the fence and the top edge of the fence material. The finished grade shall be that as shown on the approved master grading plan for the site at the time of initial development of the residential subdivision, multi family development, or nonresidential development. A. Landscape Walls. When a fence or wall is placed atop a landscape wall, the height of the landscape wall shall be considered as part of the fence or wall for purposes of determining the height of the fence or wall. B. Retaining Walls. When a fence or wall is placed atop a retaining wall, the height of the fence shall be determined exclusive of the height of the retaining wall such that the top of the retaining wall is considered the finished grade. (Ord , 2011) Height Limits A. Maximum Allowed Heights and Locations. Each fence and wall on residential and nonresidential property shall comply with height limits and locations shown in Table (Maximum Height of Fences and Walls in Required Yard Area). Page 1

10 TABLE MAXIMUM HEIGHT OF FENCES AND WALLS IN REQUIRED YARD AREA Location of Fence or Wall Maximum Height 1 Within required front setback 2 3½ feet 3 Within required street side setback 5 feet from back of sidewalk 2 3½ feet >5 feet from back of sidewalk 4 6 feet Within required interior side and rear setback 6 feet At the intersections of streets, alleys, and driveways 5 30 inches Outside of required setback 16 feet Notes: 1. As part of a discretionary entitlement, the designated Approving Authority may grant additional height or location requirements to enclose or screen specific areas or uses or for fences and walls designed for noise attenuation. 2. Setback area for street side yard is measured from back of sidewalk to the fence. If no sidewalk exists, then street side yard is measured from the property line to the fence. 3. Height of front yard fence may be increased to 4 feet if the fence remains substantially (minimum 80%) open and transparent (e.g., picket fences, open wood slats, open wrought iron). 4. For reversed corner lots, fences greater than 3½ feet in height shall be set back a minimum of 10 feet from the back of sidewalk. 5. See definition of clear visibility triangle in Chapter (Glossary of Terms). B. Landscape Walls. Landscape walls within required yard areas shall be constructed to a maximum height of 36 inches. Outside of required yard areas, the maximum height for landscape walls shall be 6 feet. Landscape walls shall not be used to alter the finish grade of the lot. C. Retaining Walls. There shall be no height limits for retaining walls when constructed along the exterior property lines of the project or the final interior property lines in the case of a residential subdivision. Otherwise, a retaining wall over 4 feet in height shall be benched so that no individual wall exceeds a height of 6 feet, with the depth of each bench a minimum of 3 feet. (Ord , 2011) Fence and Wall Design and Maintenance Standards A. Fencing Materials. Fences and walls shall be constructed of attractive, long lasting materials (e.g., masonry, wood, tubular steel, or stone). B. Prohibited Fencing Materials. Unless approved as a condition of approval or in conjunction with another entitlement, walls or fences of sheet or corrugated iron, sheet steel, concertina wire, or sheer aluminum are prohibited. Barbed wire fencing shall not be constructed or placed on top of a fence except where properly used for agricultural, open space, or industrial uses. C. Maintenance. Fences and walls shall be continuously maintained in an orderly and good condition, at no more than their maximum allowed height. (Ord , 2011) Special Fence and Wall Requirements A. Public Frontage Fencing of Nonresidential and Multi Family Projects. Where fencing is proposed along public frontages of nonresidential and multi family projects, such fencing shall be open view unless otherwise required to be solid for noise attenuation. Open view fencing shall also be required when located adjacent to open space areas. Page 2

11 B. Screening of Outdoor Storage. Outdoor storage shall be fenced or screened from view. Such screening shall utilize enclosures including, but not limited to, fences, walls, landscaping, or earthen berms. Screening shall be visually compatible with the primary buildings and landscape on the property. See Section (C) (Outdoor Storage Requirements). C. Special Fencing for Large Vehicle Storage. Vehicles greater than one ton that are not permitted to travel on public highways as defined in the California Vehicle Code that are stored on property when not part of an active construction project shall be screened from public view. D. Fencing for Pools, Spas, and Similar Features. Swimming pools, spas, and other similar water features shall be fenced in compliance with City adopted Building Code requirements. E. Screening for Commercial or Industrial Uses Adjacent to Residential Zones. Commercial and industrial uses shall be screened from adjacent residential and agricultural zones by a masonry wall with a minimum height of 7 feet to screen the commercial or industrial use. This requirement is not intended to preclude the development of pedestrian/bicycle access points between commercial and residential or agricultural zones. F. Screening of Loading Docks and Refuse Areas. Loading docks and refuse storage areas shall be screened from public view, adjoining public streets and rights of way, and residentially zoned areas. The method of screening shall be architecturally compatible with other on site development in terms of colors and materials. G. Temporary Fences. Nothing in this Chapter shall be deemed to prohibit the erection of a temporary fence around construction projects in compliance with the Building Code and other applicable provisions of the City Municipal Code. (Ord , 2011) Page 3

12 CITY OF MANTECA COMMUNITY DEVELOPMENT DEPARTMENT 1001 West Center Street Manteca, CA FAX (209) Building Safety Division (209) Community Development/Planning Division (209) Fences and Retaining Walls NOTE: Check with your homeowners association and architectural review committee for Conditions, Covenants & Restrictions (CC&R s). The City of Manteca has no regulatory authority to enforce or notify permit applicants of CC&R requirements, nor deny permits for non-compliance. WHEN IS NO PERMIT REQUIRED? A building permit is not required for the following types of fences (per California Building Code, Section 105.2): Masonry and Concrete Fences not over 3 feet high All other fences not over 6 feet high. Retaining walls not over 4 feet in height, measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III -A liquids. Retaining walls on property lines with a difference in elevation of 18 inches or greater must be constructed of reinforced concrete or reinforced concrete block (Manteca Municipal Code, Section and CBC 105.2). WHEN IS A PERMIT REQUIRED? A building permit is required for any of the following: Concrete or masonry fences that measure more than 3 feet from grade to the top of the fence. Structural calculations and drawings showing details of the wall and footing are required. Retaining walls that: a) measure more than 4 feet from the bottom of the footing to the top of the retaining wall; and/or b) support a surcharge or impound Class I, II or III-A liquids Retaining walls must be approved by the Planning and Building Safety Divisions. Structural calculations and drawings showing details of the wall and footing are required, as well as a Site Plan showing location of wall and setbacks, and an elevation of the wall. See Page 2 for general guidelines regarding height and location of fences. PLAN SUBMITTAL REQUIREMENTS The following items must be included in a submittal for fences and walls requiring a building permit. Refer to the drawings and information in this handout for help in preparing your submittal. 1. COMPLETED BUILDING PERMIT APPLICATION 2. SITE PLAN, to scale (3 copies) 3. STRUCTURAL DETAILS (for CMU Masonry Fence), 2 sets 4. STRUCTURAL CALCULATIONS (Wet-signed by an engineer for Retaining Wall), 2 sets 5. ELEVATION DRAWING (2 copies) 6. Each submittal, five (5) pages or more and all supporting documents, must be accompanied by an electronic copy of plans in PDF form. Building/Public/Handouts/Fences/Fence Handout.pub Page 1 Last updated: 3/19/2013

13 PLANNING DIVISION GUIDELINES The following are general guidelines regarding the height and placement of fences. Prior to building any structure or making an addition or modification to any existing structure, it is strongly suggested that you verify any easements, setbacks, or other regulatory conditions that may affect your property. Fence and Wall Development Standards may be viewed on the City s website: and in the Municipal code, Title 17, Zoning, Chapter Building/Public/Handouts/Fences/Fence Handout.pub Page 2 Last updated: 3/19/2013

14 ILLUSTRATION OF SETBACKS & ALLOWABLE FENCE HEIGHTS Refer to the drawing below for allowable fence heights. Generally speaking, a fence of no more than 3 feet 6 inches (42") may be located from the property line to the building setback line. Beginning at the building setback line and extending to the rear property line, a maximum height of 6 feet is allowed. 1) Locate your property line. The inside edge of the sidewalk is not always your property line. Property lines vary in residential areas and are generally located behind the edge of the sidewalk. In most subdivisions, the property line on a 50-foot right-of-way is 2 feet and for a 60-foot right-of-way the property line is 3-feet behind the edge of the sidewalk. To confirm your property lines, call the Community Development Department at (209) for the distance from the flow line of the gutter to your property line. 2) Contact the Community Development Department for the location of any easements on your property. 3) Fences on rear and interior side property lines should be discussed and agreed upon with your neighbor(s) prior to starting construction in order to avoid any disputes about the location of the common property line. 4) Identify the location of all underground pipes and wires before you dig. Call FLOW LINE PROPERTY LINE DISTANCE TO PROPERTY LINE REQUIRED BUILDING SETBACK(20') STREET SIDEWALK CURB MAX. 42" HIGH FENCE ALLOWED FROM PROPERTY LINE TO FRONT YARD SETBACK UP TO 6' HIGH FENCE ALLOWED BEYOND SETBACK SIDE ELEVATION Building/Public/Handouts/Fences/Fence Handout.pub Page 3 Last updated: 3/19/2013