Keeping Portola Valley open Keeping Portola Valley open (November 09, 2005)

** Council gives go-ahead to new fence law.

By David Boyce

Almanac Staff Writer

With just one comment during the public hearing on a complex new fence ordinance for Portola Valley, the Town Council, at its October 26 meeting, voted unanimously for new rules that include where fences can be built, what types of fences are allowed, and administration and oversight by the town's Architecture & Site Control Commission.

The ordinance is needed to keep Portola Valley open and rural-looking, and to discourage Atherton-like high barrier fences, explained Mayor Ed Davis prior to the meeting. "As new generations come, they tend to build barrier fences," he said.

A second council vote that would adopt the ordinance into law is scheduled for the November 9 meeting. The council will also consider a fence-permit fee schedule.

The one public comment at the October 26 hearing came from a resident who said her neighbor had erected a fence without informing her.

While the council did not offer a remedy for her situation under existing rules, the new ordinance does include a six-day notification period to alert owners of adjoining properties to pending action by the town staff or the ASCC on a proposed fence.
Permit fees

Town staff have proposed a fence permit fee of $150, which would apply for the construction of most fences.

The town's permit process includes staff review of documents, a field check of the property, notification of neighbors, and inspections before and during installation.

If the staff consider a fence proposal to be complex or controversial and in need of architectural review, the new rules would add a $100 fee to cover ASCC processing -- and potentially a $500 deposit to cover time spent by the town planner's office. A deposit would be needed only if the fence is the only construction going on at the property.

The fence permit fee in the town of Woodside is $60. In Atherton and Menlo Park, the fee is based on the cost of installing the fence. If that method were used in Portola Valley, a $10,000 fence would result in a permit fee of about $181, said Planning Manager Leslie Lambert.
Years of debate

The fence rules were endorsed by the Planning Commission this summer after years of debate.

The new ordinance requires permits for most new fences, except very small ones. A permit is required for an existing fence when the ASCC determines that the project is making substantial alterations or site improvements. The ordinance allows the ASCC the flexibility to grant relief when a proposed fence cannot conform with the rules.

The ordinance breaks down the rules into three size categories: small lots of less than one acre; one-acre lots; and lots of two acres or more.

Front-yard fences would have to be 4 feet or less in height, while side- and rear-yard fences could be 6 feet. Permitted locations of fences are spelled out for each size class.

The ordinance distinguishes between horse fences and domestic fences and prohibits solid fences where they are visible from a road.

To preserve a sense of openness, the proposed rules would require all fences to be less than 50 percent opaque, a rule that can allow sections of solid fence in side yards and rear yards not visible from a road. Almanac staff writer Marion Softky contributed to this report.
INFORMATION

For information on fence permit fees, go to portolavalley.net, click on "Town Government," then "Town Council," then "List of Agendas," then "11/09" meeting. Scroll to Regular Agenda. Click on the green link to read the resolution and other documents.

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