HomeMy WebLinkAboutROI 02-01; Front Yard Fencing ZCA; Resolution of Intention (ROI) (2)1
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DECLARING ITS INTENTION TO
CONSIDER A ZONE CODE AMENDMENT TO REVISE THE
REGULATIONS ON FRONT YARD FENCING IN RESIDENTIAL
ZONES.
CASE NAME: FRONT YARD FENCING
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
Council; 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 of the 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 4th day of JUNE 2002, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila» Nygaard, Hall
NOES: /Q
JSI
ATTEST:
LORRAINE Mj WOOD, City Clerk
OF CARLSBAD - AGEA BILLrBo
AB#
MTG.
DEPT. PLN
TITLE:
RESOLUTION OF INTENTION FOR
ZONE CODE AMENDMENT TO
FRONT YARD FENCING REGULATIONS
DEPT. HD. IW"
\J
CITY ATTY.
CITY MGR
Oo
RECOMMENDED ACTION:
That the City Council ADOPT Resolution No. 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
O environmental review would be conducted on the proposed amendments to the code, once they
have been defined.
p
FISCAL IMPACT:
The only fiscal impact to the City due to this proposal is the allocation of staff time for research and
report preparation.
PAGE 2 OF AGENDA^lLL NO.
EXHIBITS:
1. City Council Resolution No.
1 RESOLUTION NO.
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
WHEREAS, pursuant to Section 21.52.020 of the Carlsbad Municipal Code,
6
Zone Code Amendments can be initiated through a Resolution of Intention from the City
7
Council; and
8
WHEREAS, staff has presented justifications for the potential revision of the
9
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 of the City
of Carlsbad, California, does hereby resolve as follows:
1 . 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
, 6 residentially-zoned property.
,_ PASSED AND ADOPTED at a regular meeting of the City Council of the City of
I n Carlsbad on the day of , 2002, by the following vote, to wit:
19 AYES:
20 NOES:
ABSENT:
22
23
24 CLAUDE A. LEWIS, Mayor
25
ATTEST:
26 "
27
LORRAINE M. WOOD, City Clerk
28 "