Title
Study Session Zoning Code Amendments - Fences - Study Session to discuss proposed zoning code amendments to simplify regulation of fences and remove reference to barriers including landscape materials that serve as fences. CEQA Determination: Exempt pursuant to CEQA Guidelines Section 15061(b)(3).
Body
To: Honorable President and Members of the Planning Board
EXECUTIVE SUMMARY
The Alameda Municipal Code (AMC) provides for the installation of fences and barriers in various locations at different heights and in different materials. These regulations provide for a measure of security and safety while also preserving the aesthetics of the City of Alameda (City). The zoning code requires occasional revision to reflect evolving understanding of the needs of the community, including the regulation of fences and hedges. Staff has assembled a group of related provisions and proposes edits as shown in the attachment to this report.
BACKGROUND
The fence ordinance has evolved over time in response to differing needs and aesthetic opinions. Chain link and barbed wire tend to be the most controversial fence materials and have been allowed, prohibited, and regulated in different ways over time. In addition, the concept of a “barrier” as opposed to a “fence” was introduced many years ago to include traditional fences, walls, and hedges where they block access and views. Although hedges provide some of the same function and improved aesthetics of a fence, they are also living elements that grow over time and require regular maintenance to stay within a prescribed height and width. As such, they are more difficult to regulate and sometimes cause conflict among neighbors that requires the City’s involvement.
DISCUSSION
General Analysis. Fences can be considered in light of their function and aesthetics. IN residential areas, it is desirable to have a secure place for pets, children and general activity, the protection of personal belongings, and preservation of privacy. Conversely, it is also desirable to have a streetfront with visible activity and neighborly design. Therefore, the city regulates fences to maintain lower heights in the front and along the street-side yards of residential lots.
In commercial and industrial areas, fences are generally less desirable in visible areas, except to screen unsightly equipment or storage areas, secure valuables, or prohibit entry to dangerous areas. Therefore, streetfronts are generally unfenced but may include a low screen to enhance the experience of passersby where parking is provided, for example.
Proposed Amendments. Fence regulations are contained in AMC section 30-5.14. The following summarizes the proposed amendments, as shown in Exhibit 1.
• The section is renamed “Fences” rather than “Barriers and Fences” and reference to hedges is removed from the definition and regulations throughout the section.
• A method for measuring height is moved to the definition section; previously it was less clearly located in a regulation.
• See-through-style (e.g. lattice) is more clearly and simply defined.
• Distinctions between residential and other lots are made throughout.
• Barbed wire and similar materials are still prohibited.
• Chain link fence regulations are clarified.
ENVIRONMENTAL REVIEW
The proposed amendments are exempt from CEQA pursuant to section 15061(b)(3), the common sense exemption where it can be seen with certainty that the proposed zoning text amendments have no possibility of having a significant effect on the environment because they relate to small, low installations accessory to the development and use of property.
RECOMMENDATION
Conduct a worksession to discuss the recommended amendments to the Alameda Municipal Code, Section 30-5.14 related to fences, and give direction to staff for edits to bring back to the Planning Board for a public hearing and recommendation to City Council at a later date.
Respectfully Submitted,
Allen Tai, Acting Director of Planning, Building and Transportation
By,
Steven Buckley, Planning Services Manager
Exhibit:
1. Draft Ordinance Amendments