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HomeMy WebLinkAboutZCA 02-01; Front Yard Fencing; Zone Code Amendment (ZCA)CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECKBOXES) • • • • • • • • • • • • Administrative Permit - 2nd Dwelling Unit Administrative Variance Coastal Development Permit Conditional Use Permit Condominium Permit Environmental Impact Assessment General Plan Amendment Hillside Development Permit Local Coastal Plan Amendment Master Plan Non-Residential Planned Development Planned Development Permit (FOR DEPARTMENT USE ONLY) • • • • • • • • • • • 1^ (FOR DEPARTMENT USE ONLY) Planned Industrial Permit Planning Commission Determination Precise Development Pian Redevelopment Permit Site Development Plan Special Use Permit Specific Plan Tcntotivc Parcel Mop Obtain from Engineering Department Tentative Tract Map Variance Zone Change List other app)i§ati specified pUeatiooe^ot 2) 3) 4) ASSESSOR PARCEL NO(S).: PROJECT NAME: BRIEF DESCRIPTION OF PROJECT: 5) OWNER NAME (Print or Type) >\ 'A5\ckifg|_ 6) APPLICANT NAME (Print or Type) MAILING ADDRES MAILING ADDRESS / CITY AND STATE TELEPHONE ZIP ^LEPHONE I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL INFORMATION IS TRUE AND CORRECT TO THE BEST KNOWLEDGE. T^TE^AI ;T O^ ABOVE MY I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE SIGNATURE DATE 7) BRIEF LEGAL DESCRIPTION NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED. MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 16 PAGE 1 OF 2 8) LOCATION OF PROJECT: ON THE BETWEEN STREET ADDRESS SIDE OF (NORTH, SOUTH, EAST, WEST) AND (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 13) TYPE OF SUBDIVISION 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 22) EXISTING ZONING 11) NUMBER OF EXISTING RESIDENTIAL UNITS 14) PROPOSED IND OFFICE/ SQUARE FOOTAGE 1 7) PROPOSED INCREASE IN ADT 20) EXISTING GENERAL PLAN 13) PROPOSED ZONING (NAME OF STREET) (NAME OF STREET) 2) PROPOSED NUMBER OF RESIDENTIAL UNITS 15) PROPOSED COMM SQUARE FOOTAGE 18) PROPOSED SEWER USAGE IN EDU 21) PROPOSED GENERAL PLAN DESIGNATION 24) IN THE PROCESS OF REVIEWING THiS APPUCATION IT MAY BE NECESSARY FOR MEMBERS OF CiTY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE SIGNATURE FOR CITY USE ONLY FEE COMPUTATION 'LIGATION TYPE ^^CAT\ TOTAL FEE REQUIRED FEE REQUIRED DATE STAMP APPLICATION RECEIVED RECEIVED BY: DATE FEE PAID RECEIPT NO. Form 16 PAGE 2 OF 2 t^e: ROI Veis: 9801 Resolulioflrof 1r^ei*«^ ' ROItt:: '|ROI02001 Location:! Status: jPE^:i:ili: Dale: foI APDI irAWT- friTV nc PADI CDAH Dl AMkllMr: ncDT lfN| GENERAL INFO Screen pf I Status: I Desc I PENDING "3 EnteiedBi): pc" Project Title: jPRONT YARD FENCING ZCA Description: |AMEND CHAPTER 21.4GT0 CHANGE REGULATI Address: Parcet Applicant ICITY OF ::ARLSBAD PLANNING DEPT Prj Planner: jGRIM Env. Determ: Action: Action Date: Appeal Date: Prj Engineer: \ Ping Dir r" PIng Comm 1~" : Citv CncI / / Resolutions: j I Ordinance: inns il; Update H Exit Back •"DATES Applied 104/29/2002 Complete: 1 / /_ Expires: \ / / Withdrawn: \_//_ Response: | / /_ 'Pertniis' PlUS<$>32-Bit Oimi - Accela, int. AIlRights Reserved I Licensee: City 01 Carlsbad, Ca. jgQStaitl ^ Novell GroupWis... | ^ 'PERMITS' Plus I Serial Number: G091 Users: 032 tii,! GENERAL IN... flaDSnagit/32 Version: v. 4.6.33 ?ON4l:iPiEa^^(l(!l(aD 3:37PM CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECKBOXES) • • • • • • • • • • • • (FOR DEPARTMENT USE ONLY) Administrative Permit - 2nd Dwelling Unit Administrative Variance Coastal Development Permit Conditional Use Permi't Condominium Permit Environmental Impact Assessment General Plan Amendment Hillside Development Permit Local Coastal Plan Amendment Master Plan Non-Residential Planned Development Planned Development Permit • • • • • • • • • • • j /IK " I JK" Planned Industrial Permit Planning Commission Determination Precise Development Plan Redevelopment Permit Site Development Plan Special Use Permit Specific Plan Tentative Parcel Mop Obtain from Engineering Department Tentative Tract Map Variance Zone Change List other applications not specified (FOR DEPARTMENT USE ONLY) 61-01 2) 3) 4) ASSESSOR PARCEL NO(S).: PROJECT NAME: BRIEF DESCp^TIOM>OF .PROJECT: fjl^ •041^ (A fXS\ 5) OWNER NAME (Print or Type) 6) ARPLICAWT NAME (Print ot Type) MAILING ADDRESS MAILING ADDFJESS i A CITY AND STATE ZIP TELEPHONE CITY AND STATE I CERTIFY THAJn AM THE LEGAL OWNER AND THAT ALL THE ABOVE INF0RMATIP1<1 IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE SIGNATUFfE DATE 1^ 7) BRIEF LEGAL DESCRIPTION 1 0^ 0 NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 16 PAGE 1 OF 2 8) LOCATION OF PROJECT ON THE BETWEEN STREET ADDRESS SIDE OF (NORTH,/SOUTH, EAST, WESTI AND '(NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 13) TYPE OF SUBDIVISION 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 22) EXISTING ZONING 11) NUMBER OF EXISTING RESIDENTIAL UNITS 14) PROPOSED IND OFFICE/ SQUARE FOOTAGE 1 7) PROPOSED INCREASE IN ADT 20) EXISTING GENERAL ]A L- PLAN 1/ 23) PROPOSED ZONING AME OF STREET) / (NAME OF STREET) 12) PROPOSED NUMBER OF RESIDENTIAL UNITS 15) PROPOSED COMM SQUARE FOOTAGE 18) PROPOSED SEWER USAGE IN EDU 21) PROPOSED GENERAL PLAN DESIGNATION 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR TITHS PURPOSE SIGNATURE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE TOTAL FEE REQUIRED FEE REQUIRED \ \ / DATE STAMP APPLICATION RECEIVED RECEIVED BY: DATE FEE PAID RECEIPT NO. Form 16 PAGE 2 OF 2 Memorandum TO: Mike Grim - Associate Planner FROM: David Rick - Assistant Engineer DATE: June 24, 2002 ZCA 02-01 FRONT YARD FENCING COMPLETNESS AND ISSUES REVIEW Engineering Department staff has completed a review of the above-referenced project for completeness and engineering issues of concern. All items needed for engineering review are provided for determining the application as complete. Engineering issues which need to be resolved or adequately addressed prior to staff making a determination on the proposed project are as follows: 1. Since a wall, fence or hedge under 42 inches in height could still interfere with vehicular site distance due to topography, road alignment etc., a provision should be incorporated into the ordinance allowing the City Engineer the authority to place further height restrictions when needed. Perhaps the new ordinance could read as follows: In any "R" zone, no fence, wall or hedge over forty-two inches in height shall be permitted in any required front yard setback. Further reductions in fence, wall and hedge height may be required in the front yard setback subject to the authority of the Planning Director (or City Engineer?) when special conditions exist which may vary due to the topography, building placement, road alignment and vehicular or pedestrian traffic. In the required side yard or street side of either a corner lot or reversed corner lot, a six- foot fence may be permitted when approved by the land use planning office and the building and planning department when the safety and welfare of the general public are not imposed upon. The issuing of a permit upon the approval of the land use planning office and the building and planning department of the city shall be subject to special conditions which may vary due to the topography, building placement and vehicular or pedestrian traffic. On an interior lot a wall or fence not more than six feet in height may be located anywhere to the rear of the required front yard. In any "R" zone, any fence that exceeds six feet, for special uses or under special circumstances, shall be granted by the planning commission and subject to the conditions imposed by this commission. (Ord. 1256 § 14, 1982: Ord. 9291 § 1, 1972: Ord. 9180 § 1: Ord. 9060 § 1612) If you or the applicant has any questions or wish to discuss, please either see or contact me at 602-2781. DAVID RICK Assistant Engineer Engineering Development Services Division CITY OF CARLSBAD USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECKBOXES) I I Administrative Permit - 2nd Dwelling Unit I I Administrative Variance I I Coastal Development Permit I I Conditional Use Permi't I I Condominium Permit I I Environmental Impact Assessment I I General Plan Amendment I I Hillside Development Permit I I Local Coastal Plan Amendment I I Master Plan I I Non-Residential Planned Development I I Planned Development Permit (FOR DEPARTMENT USE ONLY) • (FOR DEPARTMENT USE ONLY) Planned Industrial Permit Redevelopment Permit Site Development Plan I |f'LAN|i»|ajrt^j'Hg"Commission De|'|)f^ination I I Precise Development Plan • • I I Special Use Permit I I Specific Plan • • • NO(S).: \jp- ' Cjl-^^jS^ Tentative PorccI Mop Obtain from Engineering Department Tentative Tract Map Variance Zone Change List other applications not specified 6l-oi 2) 3) 4) ASSESSOR PARCEL PROJECT NAME: BRIEF DESCR+^TION>,OF .PROJECT: 2l< 5) OWNER NAME (Print or Type) ' ^ 6) APPLICANT NAME (Print oi Type) MAILING ADDRESS ^^^^^^^^^ MAILlfjG ADDfjeSS A CITY AND STATE^^^^^^/^ ZIP TELEPHONE CITY AND STATE ZIP TELEPH<DNE 1 CERTIFY THApfAM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATipff IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEiaCE. 1 CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. / y yc SIGNATURE DATE SIGNATUFFE DATE BRIEF LEGAL DESCRIPTION NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. FormIS h).. ^ l-ii-c. ^ !\, '^^ /I...L..Alv PAGE10F2 0 (i,orr^rf\<J^ 8) LOCATION OF [PROJECT ON THE BETWEEN STREET ADDRESS SIDE OF (NORTH,/SOUTH, EAST, WEST) AND /(NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 13) TYPE OF SUBDIVISION 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 22) EXISTING ZONING 11) NUMBER OF EXISTING RESIDENTIAL UNITS 14) PROPOSED IND OFFICE/ SQUARE FOOTAGE 1 7) PROPOSED INCREASE IN ADT 20) EXISTING GENERAL PLAN 23) PROPOSED ZONING tKfAME OF STREET) (NAME OF STREET) 12) PROPOSED NUMBER OF RESIDENTIAL UNITS 15) PROPOSED COMM SQUARE FOOTAGE 18) PROPOSED SEWER USAGE IN EDU 21) PROPOSED GENERAL PLAN DESIGNATION 5 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CiTY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLiCATiON. I/WE CONSENT TO ENTRY FOR ThHS PURPOSE SIGNATURE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE TOTAL FEE REQUIRED FEE REQUIRED d i \ / DATE STAMP APPLICATION RECEIVED RECEIVED BY: DATE FEE PAID RECEIPT NO. Form 16 PAGE 2 OF 2 Michael Holzmiller - fences in front yard^tback areas and code violations Page 1 From: To: Date: Subject: Sandra Holder Michael Holzmiller; Pat Kelley 2/12/02 5:26PM fences in front yard setback areas and code violations Hi Michael and Pat, Tiiere is some followup needed on this issue from last week's LT meeting. Basically, the LT agreed we should propose a zoning code amendment to set a date for amnesty for pre-existing fences that are in violation and set up an Adm. Permit for any new applications that come forward. The attorney's office wants to make sure we have some objective standards in the code to address public safety issues. (Michael - this is in keeping with the information you and Mike Grim developed on the one-page handout I used in the LT meeting) The LT also said we should refund any variances that are currently on file (Jim Elliott said he would let his staff know that we are going to provide full refunds) and place all current code enforcement cases in abeyance until the ordinance is amended. Michael, would you mind assigning this task to one of the planners and ask them to set up a meeting with the necessary players to get this in motion? Code Enforcement should also be included. We shouid also contact Mr. Chaney and Mr. and Mrs. Daoussis and anyone else that may have a variance application on file or who have received a letter from US regarding a violation to let them know how we are hoping to resolve this problem in the near future. I have a fiie with some information for whoever this is assigned to. Thanks, Sandy FRONT YARD FENCING REGULATIONS Current code allows an Administrative Variance for up to a 75 percent change in any required yard, and for a wall, fence or hedge up to any height. There is a difficulty in making the State required findings for overheight fencing. If there are no safety issues, the City rarely (if ever) wins a court case regarding overheight fencing. Possible solution to existing situation would be to process a Zone Code Amendment that would: • Grandfather in all existing overheight front yard fences, provided they do not cause any view obstructions to pedestrian or vehicular circulation, or other health, safety and welfare issues; • Require an Administrative Permit for all future fences proposed over 42 inches in height - subject to certain findings about circulation obstructions, location on private property (i.e. no overheight private fences in the City right-of-way), and a small noticing radius (e.g. 50 feet). We could also hold all current Code Enforcement cases in abeyance until the ZCA is processed. 1 7 8 9 10! 12!! isil I! 14 • > ORDINANXE NO. 9180. AN ORDINANCE OF THE CITY OF CARLSBAD AMENTDING SECTION 1612. ARTICLE 16, OF ORDINANCE NO. 9060, REGARDING WALL, FENCE OR HEDGE HEIGHTS. The Citj- Council of the City of Carlsba(j does ordain as follows: SECTION 1. SECTION 1612. ARTICLE 16 OF ORDINANCE NO. 9060 AMENDED. Section 1612, Article 16 is hereby amended to read as follows: "in any "R" Zone no fence, wall or hedge over forty-two inches in height shall be permitted in any required front yard, in the required side yard or the street side of either a corner lot or reversed corner lot. On an interior lot a wall or fence not more than six feet in height may be located anywhere on the lot to the rear of the rear Une of the required front yard, on corner lots and reversed corner lots a six foot wall or fence may be located anyvvhere on the lot except in those areas comprising the required front yard or the required side j-ards on the side street side of such lots. " SECTION 2. EFFECTIVE DATE. This ordinance shall take effect and be in 19j|force on the tliirty-first day from and after its final passage. 20 i SECTION 3. PUBLICATION. The City Clerk of the City of Carlsbad is here- li 15|i 16!! 17 18 21 22 23 24 25 26 27 28 29 30 31 32 by directed to cause this ordinance to be published once in the Carlsbad Journal, a newspaper published and of general circulation in said City of Carlsbad. First read at a regular meeting of the City Council of the City of Carlsbad held on the 17th day of August, 1965, and finally passed, approved and adopted at a regular meeting of said Council held on the 7th day of September, 1965, by the following vote, to wit: AYES: Counci1 men Dunne, Meiswender, Atkinson, Hughes and Jardlne NOFS: None ^ ^ of ihe City of Carlsbad Carlsbad, California ABSENT: Hone ATTEST: Ztty tyferk SEAL) z o I-o < -J o z o o ^ITY OF CARLSBAD - AGENT5A BILL AB# Tfi.77? TITLE: RESOLUTION OF INTENTION FOR ZONE CODE AMENDMENT TO FRONT YARD FENCING REGULATIONS DEPT. HD. itfyV MTG. 6-^-02 TITLE: RESOLUTION OF INTENTION FOR ZONE CODE AMENDMENT TO FRONT YARD FENCING REGULATIONS CiTY ATTY. /TV DEPT. PLN TITLE: RESOLUTION OF INTENTION FOR ZONE CODE AMENDMENT TO FRONT YARD FENCING REGULATIONS CITY MGR^^JK^ TITLE: RESOLUTION OF INTENTION FOR ZONE CODE AMENDMENT TO FRONT YARD FENCING REGULATIONS RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 2002-158 , AUTHORIZING staff to initiate the zone code amendment process to revise the current regulations for front yard fencing in residential zones. ITEM EXPLANATION: Section 21.46.130 of the Zoning Ordinance requires that all fencing within the front yard setback of a residential lot be no taller than 42 inches high, as measured from the ground directly below the fence. There are essentially two purposes for this regulation: safety and aesthetics. The safety concerns center on ensuring that there is safe vehicular sight distance for automobiles exiting their garages and/or driveways. Tall front yard fences can block sight of pedestrians or vehicles traveling in the right-of-way from private properties, thereby causing a potentially unsafe circulation condition. Also, the restriction of wall height in the front yard allows patrolling police officers to see onto the private property in case of incident. Aesthetically, the limitation of front yard fence height allows for a more open street scene as well as allowing the front yard landscaping to compliment the street's parkway landscaping. The simplest method to accommodate these safety and aesthetic concerns is to limit absolute fence height in the front yard to a relatively low height (e.g. 42 inches). Some jurisdictions have more flexible front yard fencing regulations that allow variety in height and design, provided that the safety and aesthetic concerns are met These include open fencing, clear fencing, and pilasters, lanterns, or other projections above the maximum height. City staff has recently received numerous comments from the public regarding the existing fence height regulations. There are a large number of existing residents that purchased homes with overheight front yard fencing. A majority of those fences have been in place for a long period of time and the current property owner inherited the non-conforming fencing. There are also a large number of existing or future residents that have proposed decorative front yard fencing over 42 inches in height that could still meet the safety and aesthetic intents described above. Staff intends to study the existing regulations of other jurisdictions, analyze the safety and aesthetic concerns above, and draft language for a possible Zone Code Amendment to address front yard fencing in residential zones. Since a portion of the City is within the California Coastal Zone, a Local Coastal Program Amendment would be required with the Zone Code Amendment. ENVIRONMENTAL: The recommended action constitutes a request for a planning study, which is exempt from environmental review pursuant to Section 15262 - Feasibility and Planning Studies - of the State CEQA Guidelines. Should Council direct staff to begin the Zone Code Amendment process, then environmental review would be conducted on the proposed amendments to the code, once they have been defined. FISCAL IMPACT: The only fiscal impact to the City due to this proposal is the allocation of staff time for research and report preparation. / 1 RESOLUTION NO. _2£tn2=i38 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING ITS INTENTION TO 3 CONSIDER A ZONE CODE AMENDMENT TO REVISE THE REGULATIONS ON FRONT YARD FENCING IN RESIDENTIAL 4 ZONES. CASE NAME: FRONT YARD FENCING 5 6 7 8 9 10 11 12 13 14 15 26 27 28 WHEREAS, pursuant to Section 21.52.020 of the Carlsbad Municipal Code, Zone Code Amendments can be initiated through a Resolution of Intention from the City Councii; and WHEREAS, staff has presented justifications for the potential revision of the regulations contained in the Zoning Ordinance regarding fencing in the front yards of residentially-designated property. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council ofthe City of Carlsbad, California, does hereby resolve as follows: 1. That the above recitations are true and correct. 2. That the City Council states its intention to authorize staff to initiate the Zone Code Amendment process to revise the regulations on fencing within the front yards of residentially-zoned property. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of , 2002, by the following vote, to wit: ^9 AYES: 20 NOES: 21 ABSENT 22 23 24 CLAUDE A. LEWIS, Mayor 25 ATTEST: LORRAINE M. WOOD, City Clerk 3 CITY OF^RLSBAD PLANNING DEPARTMENT Administrative Policy General Subject: Fences Specific Subject: Over six feet in height Policy No. Date Issued Effective Date Revised Date Supersedes No. Page 1 of 1 Julv 8. 1987 Julv 8. 1987 Copies to: Department Staff, File POLICY: Below Grade Front Yards When a front yard is below the grade of the adjacent street or sidewalk a fence up to six feet in l^eight may be allowed within the front yard setback provided it does not extend more than 42" above the adjacent sidewalk or street. 42" STREET Fences Over Six Feet in Heiaht in Non-Residential Areas Fences over six feet in height may be permitted in any zone if they are not located within or intrude into any required front yard, side yard, or rear yard setback. In non-residential areas, fences over six feet in height within the required side and rear yard setbacks may be permitted if approved by the Planning Director. APPROVED BY: ichael J. HolMiller^ Michael Planning Director CITY ARLSBAD PLANNING DEPARTMENT Administrative Policy General Subject: Fences Specific Subject: Fences on through lots Policy No. Date Issued Effective Date Revised Date Supersedes No. Page 1 of 1 Julv 8. 1987 Julv 8. 1987 Copies to: Department Staff, File POLICY: On a through lot, the fence height in the street setback area next to the rear yard shall be determined as follows: 1. When the pad elevation is higher than the street elevation, the fence height shall not exceed 42 inches. 2. When the pad elevation is equal to or lower than the street elevation, the fence may be a maximum height of six feet along the rear property line. In new projects and projects with a Homeowner's Association, proof of approval of the projects architectural committee shall be submitted for all rear yard fences that face onto a public or private street. The purpose of this policy is to allow for rear yard privacy on through lots and to ensure that fences constructed per this policy are compatible. 1. 42" T I MAX MAX STREET 2. STREET APPROVED BY: hael J. HolzmlH^r U Michael Planning Director 18.28.010 Definitions. As used in this chapter: A. "Swimming pool or pool" means any structure intended for recreational swimming or bathing that contains water over eighteen inches deep. "Swimming pool" includes in-ground and above-ground structures and indudes, but is not limited to, hot tubs, spas, portable spas, and nonportable wading poois. B. "Public swimming pool" means a swimming pool operated for the use of the general public witii or without charge, or for the use of the members and guests of a private club. Public swimming pool does not include a swimming pool located on the grounds of a private single family home. C. "Enclosure" means a fence, wall, or other barrier which completely surrounds the swimming pool and obstructs access to the swimming pool. D. "Approved safety cover" means a manually or power operated safety pool cover that meets all of ttie performance standards of the American Society for Testing and Materials (ASTM), in compliance with standard F1346-91 or in the case of a hot tub or spa, a safety cover that complies with ASTM- Emergency Performance Specification ASTM-ES 13-89. E. "Exit alanns" means devices that make audible, continuous alarm sounds when any door or window, that permits access from a residence to the pool area that is without any intervening enclosure, is left open or is left ajar. Exit alarms may be battery operated or may be connected to the electrical wiring of the building. F. "Grade" means the underlying surface, such as earth or a walking surface. (Ord. NS-387 § 2 (part), 1996: Ord. 8092 § 1 (part), 1981: Ord. 8036 § 1) 18.28.020 Fence requirements. A. Every swimming pool, other than public swimming pools, shall be enclosed by an enclosure having a minimum height of five feet (sixty inches). The enclosure shall obstruct access thereto by persons other than the occupant of the premises on which the pool is located. B. Openings, gaps, or voids in the enclosure shall not allow the passage of a sphere equal to or greater than four inches. C. The maximum vertical clearance from grade to the bottom ofthe enclosure shall not exceed two inches. The vertical clearance from grade to the bottom of the enclosure may be four inches when the grade under the enclosure is solid concrete. D. The outside surface of the enclosure shall be free of protrusions, cavities, or other physical characteristics that would serve as handholds or footholds that could enable a child below the age of five years to climb over. E. Chain link fencing shall be a minimum of eleven gauge. F. When a wall of a dwelling unit serves as part of the enclosure and contains door openings providing direct access to the pool, the dwelling unit and/or the pool shall be equipped and maintained with at least one of the following safety features: 1. The pool shall be isolated from the home by an enclosure that meets the requirements of Section 18.28.020; or 2. The pool shall be equipped with an approved safety cover; or 3. The residence shall be equipped with exit alarms on doors providing direct access to the pool; or 4. All doors providing direct access from the home to the swimming pool shall be equipped with a self- closing, self-latching device with a release mechanism placed no lower than fifty-four inches above the floor. G. The approved plans shall state which of the above safety features are to be installed as a condition of the pool permit prior to issuance ofthe pool permit. (Ord. NS-387 § 2 (part), 1996: Ord. NS-121 § 1,1990: Ord. 8092 § 1 (part), 1981: Ord. 8036 § 2) 18.28.030 Gates and latches. A. Any access gates through the enclosure shall comply with the requirements of Section 18.28.020. B. Any pedestrian access gate(s) through the enclosure shall open away from the swimming pool. C. Every pedestrian access gate shall be equipped and maintained with self-closing and self-latching devrces. Such devices shall be placed no lower than sixty inches above grade. Latching hardware may be placed at a lower height if it is operable only from the inside of the enclosure.