DATE: November 17, 2015
TO: Mayor and City Council
FROM: Director of Development Services
SUBJECT
Title
Establishment of New Regulations for Vacant Property Fencing Requiring Introduction of Ordinances to Amend Chapter 5, Article 7 (Community Preservation and Improvement), and Chapter 10, Article 1 (Zoning Ordinance), of the Hayward Municipal Code; and Adoption of a Resolution to Make Findings Related to Text Amendments; City of Hayward (applicant)
End
RECOMMENDATION
Recommendation
Staff recommends that the that City Council introduce the attached ordinances to amend the Hayward Municipal Code (HMC) related to new regulations for fencing around vacant property, subject to specific design standards; and adopt the attached resolution making findings to support the proposed text amendments.
Body
SUMMARY
In response to City Council and community concerns about the proliferation of blight associated with dilapidated chain link fencing around vacant properties, staff recommends establishment of regulations and standards for fencing around vacant property. Under the proposed regulations, property owners would be permitted to install six foot tall perimeter fences around properties that are vacant more than 30 days in all zoning districts, subject to specific design and maintenance standards.
Fencing along the front of vacant properties in Downtown and along major roadways in commercial areas would be required to be higher quality design than chain link, with options for alternative fencing that would cost approximately 26% to 233% more than a standard chain link fence (see Attachment IX for cost estimates per fence type).
The proposed regulations would not require property owners to install such fencing, but would require that all existing non-conforming fencing on vacant sites be removed and/or replaced with conforming fencing within one year of the adoption of the regulations.
BACKGROUND
According to the Alameda County Assessor’s Office, there are approximately 1,665 acres of unimproved land within the City of Hayward limits. Of that acreage, approximately fifty percent is zoned for agricultural uses, ten percent is zoned for industrial uses, ten percent is zoned for residential uses, and four percent is zoned for commercial uses (with about one percent of that acreage within downtown zoning districts). The remainder is zoned PD (Planned Development) District, Airport District, Agricultural and Open Space districts (see Attachment I). . Please note that these percentages do not include vacant buildings (examples include Holiday Bowl site, vacant single family homes owned by Caltrans, City Center site, and the former Mervyn’s site), because there is not a way to track vacant buildings using Alameda County Assessor data.
Several vacant properties are located in highly visible areas in downtown Hayward and along major commercial corridors, such as Mission Boulevard. Property owners install low cost, temporary fences around these properties under the assumption that they will be developed in the future and thus, do not invest in high quality fencing. However, many of the fences remain for years and even decades awaiting investment in the property, leaving vacant property surrounded by temporary, often damaged and unsightly chain link fences that results in undesirable and blighted streetscapes.
There is a demonstrated need for fencing around vacant and unimproved properties to discourage illegal dumping, trash accumulation and trespassing. In 2014, there were about 106 documented cases of illegal dumping throughout the City; about 33 of those cases occurred on vacant property. Several of those cases were closed due to installation of perimeter security fences along property lines, which eliminated the undesirable impacts of dumping. However, some of the fencing did not adhere to all of the applicable zoning regulations. Specifically, currently zoning regulations require minimum setbacks from front and corner side property lines and include maximum height restrictions for fences within those required setbacks, unless approved under a separate Planning permit. See further discussion under Current Regulations below.
Other Jurisdictions - Like Hayward, surrounding jurisdictions regulate the height of fences within required yards (defined as the areas between property lines and minimum setback requirements for buildings, also referred to as “setbacks”). Many jurisdictions also provide specific direction with regard to acceptable fencing materials, including a prohibition against the use of chain link fencing in required front and street side yards abutting public right-of-way (see Attachment VIII). Dublin is the only jurisdiction with specific fencing standards related to vacant lots. Otherwise, jurisdictions’ fencing regulations are applicable to both developed and vacant lots with a special approval process (i.e. zoning administrator approval, administrative use permit, special fence permits) to increase height and/or modify allowable materials within required setbacks.
Current Regulations - The majority of vacant lot fencing throughout the City is not compliant with current regulations. The HMC contains standard setbacks by zoning district. According to current zoning regulations, there is a four foot height limit for fences located within front and street side setbacks (see Attachment III for list of setback requirements per zoning district). The prohibition against placing taller fences (more secure) within required setbacks makes installation of perimeter fencing around vacant properties technically illegal unless approved through a discretionary Site Plan Review and/or Variance entitlement process ($2,000 application fee and several weeks processing time).
In addition to standards related to placement of fencing, there are adopted design guidelines that call for the reduction of chain link fencing and installation of higher quality fencing materials in high visibility areas. General Plan Goal and Policies call for enhancement of streetscapes along major commercial corridors and implementation of programs to improve Hayward’s community appearance (General Plan Goal LU-4, and General Plan Policies LU-4.9, 4.11 and ED-5.4).
Planning Commission Public Hearing and Recommendation - On November 5, 2015, the Planning Commission <https://hayward.legistar.com/LegislationDetail.aspx?ID=2507986&GUID=9799C728-B8C3-4191-9489-3D294C0FAFC2&Options=&Search=> held a public hearing to consider the proposed regulations. As reflected in the draft meeting minutes (Attachment VI), the Commission voted 6:0:1 to recommend that Council adopt the proposed regulations as recommended by staff, with a recommendation that the proposed regulations be organized numerically rather than alphabetically, and that the regulations require a higher fence design along corner-sides of vacant lots with one property frontage along a major arterial or collector street because those corner side frontages are as visible as the property.
DISCUSSION
Staff recommends that HMC be amended to allow development of six foot tall fences within required yards of vacant property, subject to minimum design and maintenance standards. Proposed municipal code amendments are included in Attachments II, II and IV, with deletions shown in strikethrough text and new text shown in underlined red text, and are briefly described below.
Purpose of Regulations - As noted above, vacant and distressed properties provide convenient locations for dumping, trespassing and vandalism. The City has an interest in allowing property owners to secure their vacant sites until the economy supports development and/or redevelopment of the sites. In the absence of structures on a site, fencing becomes an important visual cue about the health and vitality of a jurisdiction, and excessive use of temporary chain link fencing that is not well maintained in highly frequented areas, such as Downtown and along major commercial corridors, does not project an aesthetic or livable image of the City.
The proposed regulations are supported by the City of Hayward Design Guidelines, which state that it is desirable to “Modify chain link fencing where its appearance is objectionable.” Installation of durable, well-designed and maintained fencing along property frontages advances the overall goals of the Design Guidelines to “identify elements of good design which will enhance the appearance of the City and make it more livable.” Requiring more aesthetic fencing options is also consistent with the City’s stated goals to project a vision of cleanliness and thriving throughout the City. Further, prioritizing a higher level of design aesthetic for fencing along property frontages in Downtown and along arterial and collector streets in other zoning districts that are more visible and highly frequented areas of the City will project a more economically healthy image to higher numbers of residents and visitors to the City.
Overview of Proposed Regulations - The proposed regulations set forth specific fencing design standards by zoning district. Providing specific design standards, rather than looking at each fence on a case by case basis, ensures that high quality fencing is installed around these properties while allowing property owners to avoid costly and time consuming Planning permit approvals. It is important to note that the proposed regulations would not require that fencing be installed around vacant properties. Rather, the standards would only be applicable in the event that a property owner wants to install such fencing around vacant property.
To support this purpose, the proposed regulations, which incorporate the Planning Commission’s recommendations, would require installation of higher quality aesthetic fencing along all public frontages in downtown zoning districts and along major arterial and collector streets within all residential, commercial and form based code districts. The Downtown area and arterials and collector streets were determined to be appropriate locations for higher quality fencing because a majority of the population that lives in and visits Hayward travel along these roadways on a regular basis. Fencing in such locations therefore result in a more significant impact related to projected and perceived image of the City. In general, visitors to industrial or outlying districts expect to see more utilitarian fencing; therefore, the use of materials such as gray chain link is consistent with the surrounding areas and would not generate an adverse aesthetic impact in the area.
Attachment IX includes photos of the various types of fencing permitted along property frontages, and chain link fencing would be permitted along interior side and rear property lines. If an applicant follows the height and fence material standards, no planning or building permit would be required. Proposed deviations from the allowable fencing standards and materials would be subject to Planning Director review and approval upon the finding that the proposed alternative fencing is not chain link, but is durable and would enhance the aesthetic character of the City.
In addition to fencing height and design standards, the proposed regulations would require that all fences be securely installed and be maintained in good condition. Further, fences would not be permitted to encroach onto the right-of-way (unless with an approved encroachment permit) or impair driver visibility. With regard to implementation of the proposed regulations, staff recommends that property owners be given one year from the effective date of the ordinance to either remove non-conforming fencing or replace it with fencing that conforms to the new regulations. However, if a fence is falling down, severely damaged or dilapidated in a manner that does not meet the minimum maintenance standards, it will be required to be replaced within 60 days of adoption of the ordinance.
Revisions to Other Sections of the Hayward Municipal Code - Staff recommends that references to the proposed regulations be added to HMC 10-1.3500, Definitions; and to HMC Section 5-7.20, Public Nuisance, to explicitly classify a violation of the proposed regulations as a public nuisance. If deemed a public nuisance, Code Enforcement staff could rely on the Administrative Citation and Abatement Notice procedures set forth in the subject section to abate the nuisance.
Text Amendment Findings for Approval - In order for the text amendments to be approved, all of the four findings below must be made by the City Council. Staff provides reasons in the attached resolution (Attachment V), including as recommended by the Planning Commission, why the findings can be made.
A. Substantial proof exists that the proposed change will promote the public health, safety, convenience, and general welfare of the residents of Hayward.
B. The proposed change is in conformance with all applicable, officially adopted policies and plans.
C. Streets and public facilities existing or proposed are adequate to serve all uses permitted when the property is reclassified.
D. All uses permitted when property is reclassified will be compatible with present and potential future uses, and, further, a beneficial effect will be achieved which is not obtainable under existing regulations.
Environmental Impact Analysis - The proposed project is exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3), as an activity that is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The proposed project includes zoning text amendments to regulate vacant property fencing and does not include any site specific development. If adopted, the proposed regulations would allow installation of new fences meeting certain standards around vacant properties, an activity that is exempt from CEQA under Section 15303, New Construction or Conversion of Small Structures.
ECONOMIC IMPACT
The proposed regulations would have beneficial economic impact on the City at large in that they will reduce the presence of aging, dilapidated, chain link fences along major commercial corridors, thereby improving the streetscape and perceived economic vitality of the City.
However, the cost of replacing a fence would financially burden individual property owners with potentially thousands of dollars in material and labor costs. According to Bailey Fence Company, a local fence installer, estimated costs per lineal foot for fencing ranges from $30 per foot for wood rail and chain link to about double that price for wrought iron (approximately $55 per lineal foot) or Omega-style fence (approximately $70 per lineal foot), with additional costs for a walk or drive gate. Adding a Fence Screen to a chain link fence roughly doubles the cost of standard chain link while Lace Fence is the highest cost fencing type at about $112.50 per foot for a six foot tall fence. It is important to note that the proposed regulations would only require replacement of chain link fencing along frontages that face public right-of-way. If existing chain link fencing along interior property lines was in good condition, it would be permitted to remain provided that it is properly secured to the new fencing material. See Attachment IX for a relative cost comparisons of fencing material by type.
FISCAL IMPACT
The proposed regulations would result in increased Code Enforcement staff time allocated to the issue, as well as some Planning staff time, which would impact the General Fund.
If the proposed regulations are adopted, members of the public will seek advice at the Permit Center to ensure that vacant property fencing meets minimum design and placement standards, which will result in unrecovered Planning staff public counter coverage costs. Support to the public regarding such types of questions at the Permit Center is currently provided and considered in line with providing basic governmental services. In the event that a property owner seeks formal approval of a deviation from the allowable standards, the Planning Director would be asked to find that the proposed alternative fencing material would be durable and enhance the aesthetic character of the City. Staff does not recommend that a permit be established to allow such an approval, which could generally be accomplished in a typical over the counter exchange. If an individual does not agree with the Director’s decision, then he/she could appeal the decision in accordance with existing procedures and associated fees.
With regard to additional costs associated with increase Code Enforcement staff involvement, it is reasonable to assume that between three to four staff hours would be allocated for each applicable property in violation of the regulations. In the first year, Code Enforcement staff would identify applicable properties, mail out notification about the new standards and applicable time frames for compliance, and answer property owner inquiries about the regulations. During the second year, following full implementation of the ordinance, Code Enforcement staff would conduct site inspections for compliance and follow-up with notices of violation, if needed. Some cost recovery related to enforcement could be recouped through the nuisance abatement process.
PUBLIC CONTACT
On September 16, 2015, Planning staff held a public meeting related to the proposed regulations. Notices for the public meeting were mailed to all owners of property identified as “vacant” according to the Alameda County Assessor’s tax records. Approximately 17 people attended the public meeting for the project. Generally, comments centered on enforcement issues that force property owners to fence vacant property and the need for the City to offer additional support around those enforcement issues. Commenters also asked that the regulations be tiered by important or geographic area and that well maintained and structurally sound fences be allowed to remain even if they do not meet design standards (the proposed regulations incorporate these suggestions). A full transcript of all comments taken at the meeting is included as Attachment X.
On November 7, 2015, notice of the public hearing related to the proposed zoning text amendments was published in The Daily Review, and around that date, notices were also mailed to all interested parties who attended the public meeting related to the project and to owners of vacant property that according to the Alameda County Assessor’s Office (a total of 540 public notices). Notices were also posted at City Hall and the Hayward Public Library.
NEXT STEPS
Should the Council adopt the attached resolution and introduce the attached ordinances, staff will bring back the ordinances for adoption at the next City Council meeting, scheduled for December 1. Once Council adopts the ordinances, staff will send out notices to all affected vacant property owners informing them of the new regulations and applicable timeframes set forth in the ordinance by which to comply with the regulations.
Prepared by: Leigha Schmidt, AICP, Senior Planner
Staff contact
Recommended by: David Rizk, AICP, Development Services Director
end
Approved by:
Fran David, City Manager
Attachments:
Attachment I Map of Vacant Property by Zoning District
Attachment II Ordinance Related to Proposed Amendments to Section 10-1.2700, General Regulations
Attachment III Ordinance Related to Proposed Amendments to Section 10-1.3500, Definitions
Attachment IV Ordinance Related to Proposed Amendments to Section 5-7.20, Public Nuisance
Attachment V Resolution Making Text Amendment and CEQA Findings
Attachment VI Draft Planning Commission Minutes, November 5, 2015
Attachment VII Required Setbacks According to Zoning District
Attachment VIII Surrounding Jurisdictions’ Fence Regulations
Attachment IX Fence Type Images and Cost Comparisons
Attachment X Transcribed Comments from September 16, 2015 Public Meeting