HomeMy WebLinkAbout080823 - 05.1 Handout 1From: Shona Armstrong <shona.armstrong@harperarmstrong.com>
Sent: Tuesday, March 28, 2023 11:49 AM
To: Fred Korbmacher <FKorbmacher@danville.ca.gov>; Riley Anderson -Barrett
<randersonbarrett@danville.ca.gov>
Subject: Fwd: [CAUTION EXTERNAL] No permit necessary for fence along back yard portion of easement
- 546 El Pintado and 540 El Pintado Dolivos-Alvarez
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Hello,
Apparently, we and our neighbors have been receiving mixed messages on the need for a permit to
replace an existing rear/side fence. We would appreciate clarification and hope you can send out an
inspector as soon as possible if necessary, as work has begun.
We agree that there is a 3.5 foot limitation at 33-22.11(b) that applies to a "secondary front yard
fence."
In the definitions section (32-2.3) of the Danville Municipal Code, the closest thing I can find to a
"secondary front yard" is:
Frontage, secondary or secondary frontage or front shall generally mean the side of a lot which abuts
two (2) or more roads, streets, highways, right-of-ways, or vehicular access easements which is not
determined to be the primary frontage as defined herein.
The concern of the municipal code appears to be related to building a fence at a corner that is so high
it renders the corner blind. This concern does not apply to the existing fence, which is in the rear yard
or maybe side yard.
From Danville Municipal Code section 32-2.3:
Yard; rear or Rear yard shall mean an open area extending across the rear of a lot, measured from the
rear line toward the front to the nearest line of any building on the lot.
Yard; side or Side yard shall mean an open area between each line of a lot and the nearest line of any
building on the lot and extending from the front line to the rear line of the lot.
From: Riley Anderson -Barrett
Sent: Tuesday, March 28, 2023 2:02 PM
To: Shona Armstrong <shona.armstrong@harperarmstrong.com>
Cc: Fred Korbmacher <FKorbmacher@danville.ca.gov>
Subject: RE: [CAUTION EXTERNAL] No permit necessary for fence along back yard portion of easement -
546 El Pintado and 540 El Pintado Dolivos-Alvarez
Hi Shona,
Fences do not require permitting, but must comply with our fence standards. Secondary fronts are
portions of the lot that abut vehicular access easements, such as the easement that runs through 540 El
Pintado Rd. The attached map has correct labels. The existing residence and previous fence do not
comply with our municipal code but are legal non -conforming. I have confirmed that if the fence is torn
down then it loses its legal non -conforming status and must comply with our current standards. Fences
along that access easement may be 3'6" in height up to the edge of the access easement and may go up
to 6' in height once it is setback 5' from the edge of the access easement.
Best,
Riley Anderson -Barrett
Associate Planner
Town of Danville 1 500 La Gonda Way I Danville, CA 94526
(925) 314-3314
randersonbarrett@danville.ca
#LiveLocallyDanville
v I www.danville.ca.gov
From: Shona Armstrong<shona.armstrong@harperarmstrong.com>
Sent: Tuesday, March 28, 2023 3:44 PM
To: Riley Anderson -Barrett <randersonbarrett@danville.ca.gov>
Cc: Fred Korbmacher <FKorbmacher@danville.ca.gov>
Subject: Continuation of non -conforming fence use 540 El Pintado
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I don't agree that replacement of an existing fence constitutes termination of an existing non-
conforming use.
Nevertheless, it looks like, even if the existing fence is technically an existing nonconforming
use, and even if you consider removal of the existing fence for installation of a new fence, we
still come within the six month window for an existing non -conforming use, and the owner of
540 El Pintado may therefore resume the nonconforming use by replacing the existing fence in
situ.
Will you require my client to apply for a Land Use Permit to undertake this fence rebuild?
Thanks for your guidance.
32-1.6 Nonconforming Uses.
a. Defined. Any lawful use of land or buildings existing prior to the adoption of this chapter, which use
does not conform to the provisions of this chapter, shall be a nonconforming use and shall not be in
violation of this chapter until the use is discontinued or ceases for any reason.
b. Repair - Rebuilding. If any building or structure constituting a nonconforming use is destroyed or
damaged by fire, explosion, act of God or the public enemy, or other accident or catastrophe, or if an
existing use of land is temporarily terminated, the building or structure may not be repaired or rebuilt
if damaged in excess of fifty percent of its reasonable market value at the time of destruction or
damage, without approval of a Land Use Permit application. Any existing, nonconforming use of land
which is interrupted by any cause may lawfully be resumed within six months of the interruption.
c. Extension - Enlargement. An existing nonconforming use maybe extended or enlarged only after
the approval of a Land Use Permit by the Town.
On Tue, Mar 28, 2023 at 4:58 PM Riley Anderson -Barrett <randersonbarrett@danville.ca.gov> wrote:
Hi Shona,
Interrupted nonconforming land uses refers to businesses or land uses, not structures. For example, if
a grocery store were in a tenant space that does not list grocery stores as an allowed use and it went
out of business, a new grocery store could move into the tenant space as a grandfathered in use if the
time between the two tenants does not exceed six months. This does not apply to structures. If over
50% of a structure is removed, it loses its legal nonconforming status. Land use permits apply to the
actual use of the land, such as allowing a business to be in an area not permitted by right. Land use
permits are not used to legalize nonconforming structures.
Best,
Riley Anderson -Barrett
Associate Planner
Town of Danville 1 500 La Gonda Way I Danville, CA 94526
(925) 314-3314
randersonbarrett@danville.ca.gov I www.danville.ca.gov
#LiveLocall yDan ville