ORDINANCE O20XX-XX
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MANTECA, STATE OF CALIFORNIA, AMENDING MUNICIPAL CODE SECTION 17.46.050.A, FENCES AND WALLS, HEIGHT LIMITS, MAXIMUM ALLOWED HEIGHTS AND LOCATIONS, TABLE 17.46.050-1, ALLOWING FENCES AND WALLS WITHIN REQUIRED INTERIOR SIDE AND REAR SETBACK; AND, >5 FEET FROM BACK OF SIDEWALK TO BE UP TO SEVEN FEET (7’) IN HEIGHT WHEREAS, General Plan Community Design Element, Implementation Measure CD-I-1 directs the City to, “Assess the potential for developing … private open spaces… with an eye toward tempering the hot summer microclimate with aesthetically pleasing, shaded exterior spaces;” and WHEREAS, General Plan Community Design Element, Policy CD-P-24 states that, “The City shall ensure through design guidelines that the walls surrounding residential area neighborhoods are attractive and well designed;” and WHEREAS, City Standards and Specifications, ST-37, Arterial Streetscape Criteria “A,” mandates that, “The arterial masonry sound wall shall be a minimum seven feet high, measured from the high ground side of the wall;” and WHEREAS, to provide residential area neighborhoods an attractive and well-designed private open spaces it is desired to have fence heights that are consistent in height with arterial masonry walls within the subdivisions; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meeting of the City Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings.
THE CITY COUNCIL OF THE CITY OF MANTECA DOES ORDAIN AS FOLLOWS:
SECTION 1: Amendment. Manteca Municipal Code section 17.46.050.A, Fences and Walls, Height Limits, Maximum Allowed Heights and Locations, is hereby amended to read as follows:
17.46.050 Height Limits
Maximum Allowed Heights and Locations. Each fence and wall on residential and nonresidential property shall comply with height limits and locations shown in Table 17.46.050-1 (Maximum Height of Fences and Walls in Required Yard Area).
Table 17.46.050-1
Maximum Height of Fences and Walls in Required Yard Area Location of Fence or Wall
Maximum Height1
Within required front setback2
3½ feet3
Within required street side setback2
≤5 feet from back of sidewalk2
3½ feet3
>5 feet from back of sidewalk
7 feet
Within required interior side and rear setback
7 feet
At the intersections of streets, alleys, and driveways4 30 inches
Outside of required setback
16 feet
Notes:
1. As part of a discretionary entitlement, the designated approving authority may grant additional height or location requirements to enclose or screen specific areas or uses or for fences and walls designed for noise attenuation.
2. Setback area for street side yard is measured from back of sidewalk to the fence. If no sidewalk exists, then street side yard is measured from the property line to the fence.
3. Height of front yard fence may be increased to 4 feet if the fence remains substantially (minimum 80%) open and transparent (e.g., picket fences, open wood slats, open wrought iron).
4. See definition of clear visibility triangle in Chapter 17.100 (Glossary of Terms).
SECTION 2: Severability. If any section, sub-section, subdivision, paragraph, clause or phrase in this Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, sub-section, subdivision, paragraph, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more sections, sub-sections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional.
SECTION 3: Effective Date. This Ordinance shall become effective thirty (30) days following adoption.
City of Manteca, a municipal corporation
MAYOR: __________________________________
BENJAMIN J. CANTU
ATTEST: __________________________________
CASSANDRA CANDINI-TILTON
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF SAN JOAQUIN SS:
CITY OF MANTECA
I, Cassandra Candini-Tilton, City Clerk of the City of Manteca, do hereby certify that the foregoing Ordinance had its first reading and was introduced during the public meeting of the City Council on the ___ day of ____, 20__, and had its second reading and was adopted and passed during the public meeting of the City Council on the ___ day of ____, 20__, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: __________________________
CASSANDRA CANDINI-TILTON
CITY CLERK
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