DATE: December 1, 2015
TO: Mayor and City Council
FROM: City Clerk
SUBJECT
Title
Adoption of Ordinance Amending Hayward Municipal Code Chapter 10, Section 10-1.2700, General Regulations, of the Zoning Ordinance to Include New Standards Related to Vacant Property Fencing
End
RECOMMENDATION
Recommendation
That the City Council adopts the Ordinance introduced on November 17, 2015.
BACKGROUND
The Ordinance was introduced by Council Member Zermeño at the November 17, 2015, meeting of the City Council with the following vote:
AYES: Council Members: Zermeño, Jones, Mendall, Peixoto, Lamnin, Márquez
Mayor Halliday
NOES: Council Members: None
ABSENT: Council Members: None
ABSTAIN: Council Members: None
The Ordinance was introduced as proposed by staff with an amendment to review the proposed regulation in six months and potentially bring back to Council a mechanism that would require property owners to erect fencing if property owners begin to remove fencing and problems with nuisances and illegal dumping develop. The mechanism could include language such that after a third Code violation, a property owner is required to install fencing subject to specific designs and maintenance standards.
Additionally, the language in subsection (3) (c) under J. Fence Regulations for Vacant Properties, has been amended to read as follows in order to be consistent with the language for Central City Districts:
(c) Residential, Commercial and South Hayward BART-Mission Boulevard and Hayward Mission Boulevard Corridor Form-Based Code, Open Space and Public Facilities Districts, except Central City Districts: Fences located along front, corner, or street side yards of properties with any frontage along roadways identified as arterial and collector streets in the City of Hayward General Plan shall be composed of wrought iron, chain link with decorative fence screen, wood picket or rail, wood-plastic composite, vinyl clad chain link (black or green), fence lace style or Omega style fencing. Fencing around properties fronting roadways identified as local streets in the City of Hayward General Plan and all interior lot line fencing, regardless of location, may be chain link.
The summary of the Ordinance was published in the Hayward Daily Review on Saturday, November 21, 2015. Adoption at this time is therefore appropriate.
Staff contact
Prepared and Recommended by: Miriam Lens, City Clerk
end
Approved by:
Fran David, City Manager
Attachments:
Attachment I Summary of Ordinance Published on 11/21/15