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Ord 2278 - Amend Chapter 6 Section 6.150.050 and Chapter 29 Section 29.40.030 Regarding Fences, Hedges, and WallsORDINANCE 2278 ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING CHAPTER 6 SECTION 6.150.050 AND CHAPTER 29 (ZONING REGULATIONS) SECTION 29.40.030 OF THE TOWN CODE REGARDING FENCES, HEDGES, AND WALLS WHEREAS, the Town Council at its meeting of January 31, 2017, identified amendments regarding fences in the Hillside Area as a strategic priority to maintain wildlife movement corridors and address movement - restrictive fences; and WHEREAS, the Planning Commission considered proposed amendments regarding fences at its meeting of September 13, 2017, and forwarded a draft Ordinance to the Town Council for consideration without an up or down vote with consideration of comments from Commissioners and the public; WHEREAS, at the September 19, 2017 Planning Commission meeting, a community member requested that the maximum fence height allowed without and exception outside of the hillside area be increased from six feet to seven feet to reconcile many existing nonconforming fences and reflect the desires of the residents; and WHEREAS, On December 5, 2017, the Town Council reviewed and commented on the proposed amendments regarding fences, and continued the matter to a date uncertain for further consideration; and WHEREAS, On October 16, 2018, the Town Council reviewed and commented on the proposed amendments regarding fences, and continued the matter to a date certain for further consideration forwarded the matter to the Town Council Policy Committee for consideration; and Ordinance 2278 1 of 6 December 18, 2018 WHEREAS, at the October 16, 2018 Town Council meeting, a community member expressed concern with the Town Code allowance of six -foot tall fences and gates in the front yards of properties and requested that the Town Council Policy Committee consider whether this allowance was appropriate; and WHEREAS, On November 15, 2018, the Town Council Policy Committee reviewed the proposed amendments regarding fences in the hillside area, considered an increase to the maximum allowed fence height without an exception outside of the hillside area, and considered the appropriateness of six -foot tall fences and gates in the front and street side yard setbacks of properties. The Town Council Policy Committee continued the consideration of proposed amendments regarding fences in the hillside area to a date uncertain for further consideration by the Town Council Policy Committee and forwarded recommended amendments regarding fences throughout Town to the Town Council for consideration; and WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Town Council for public hearing on December 4, 2018; and WHEREAS, on December 4, 2018, the Town Council accepted the report of the Town Council Policy Committee's recommendation and voted to introduce an Ordinance on the proposed amendments to Chapters 6 and 29 of the Town Code regarding fences, hedges, and walls. Ordinance 2278 2 of 6 December 18, 2018 NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I Los Gatos Town Code Town Code Chapter 6, Section 6.150.050, is hereby repealed as follows: Los Gatos Town Code Chapter 29, Section 29.40.030 is hereby repealed and reenacted to read as follows: Sec. 29.40.030. Fences, walls, gates, gateways, entry arbors, and hedges. (a) In the hillside area, fences, walls, gates, gateways, entry arbors, or hedges may not exceed six (6) feet. (b) In non - hillside area, fences, walls, gates, or hedges may not exceed six (6) feet, with one (1) foot of lattice on top (seven (7) feet high in total); and gateways or entry arbors may not exceed six (6) feet. (c) Exceptions. The following exceptions apply: (1) Fences, walls, gates, and hedges may not exceed three (3) feet in height above the nearest curb when located within a required front or street side yard area, drivewav view area, traffic view area, or corner sight triangle unless a permit is secured from the Town Engineer and Community Development Director. Trees, hedges, and growth within a corner sight triangle shall meet the requirements of section 26.10.065. a. A front or street side yard area is equivalent to the front vard and side vard abutting a street required under Chapter 29, Article IV of the Town Code. b. A driveway view area is a triangular area at the intersection of driveways and sidewalks and street intersections having sides ten (10) feet in length, as measured along the driveway's path of travel from the back of the sidewalk or street. c. A traffic view area is the area which is within fifteen (15) feet of a street and within two hundred (200) feet of the right -of -way line of an intersection. d. A corner sight triangle is a triangular area at street intersections having sides thirty (30) feet in length, as measured from intersecting property lines. Ordinance 2278 3 of 6 December 18, 2018 (2) Historic Districts and /or Landmark and Historic Preservation Overlay. The maximum height of fences in the required front yard shall be three (3) feet and shall be of open -view design except as provided in subsection 29.40.033(b)(4). (3) Gateways or entryway arbors. May be up to eight (8) feet high, including within Historic Districts or for properties with a Landmark and Historic Preservation Overlay, and shall be of open -view design. A gateway or entryway arbor shall have a maximum width of six (6) feet and a maximum depth of four (4) feet. No more than one (1) gateway or entryway arbor per street frontage is allowed. (4) Adjacent to commercial property. Boundary line fences or walls adjacent to commercial property may be eight (8) feet high if requested or agreed upon by a majority of the adiacent residential property owners. (5) Properties not on a street corner. At the discretion of the Director of Community Development, side yard and rear yard fences, walls, gates, gateways, entry arbors, or hedges, behind the front yard setback, may be a maximum of eight (8) feet high provided the property owner can provide written justification to the Planning Department that demonstrates either of the following conditions exist: a. A special privacy concern exists that cannot be practically addressed by additional landscaping or tree screening. b. A special wildlife /animal problem affects the property that cannot be Practically addressed through alternatives. Documented instances of wildlife grazing on gardens or ornamental landscaping may be an example of such a problem. (6) Public utility facilities and critical infrastructure. Written exceptions may be granted when the Director of Community Development finds that the strict application of these requirements will result in a security or safety concern at Public utility facilities or critical infrastructure. (d) Materials. (1) Plastic fencing is discouraged everywhere and is prohibited in Historic Districts. (2) Barbed wire or razor ribbon wire is prohibited in all zones. (e) Vehicular gates. Vehicular gates shall be setback a minimum of eighteen (18) feet as measured along the driveway's path of travel from the back of the sidewalk or street with the gate(s) in the open position. (f) Exemptions. All fences, hedges, gates, and walls existing when this Ordinance became effective that do not meet the regulations contained in this section are exempt from these regulations. Ordinance 2278 4 of 6 December 18, 2018 SECTION II The Town Council finds and determines that: 1. The adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) per CEQA Guidelines under the General Rule (Section 15061(b)(3)), which sets forth that the CEQA applies only to projects which have the potential for causing a significant effect on the environment. It can be seen with certainty that the proposed Town Code text amendments will have no significant negative effect on the environment; and 2. The Town Code amendments are consistent with the General Plan. SECTION III If any provision of this Ordinance or the application thereof to any person or circumstances is held to be invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The Town Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. SECTION IV Except as expressly modified in this Ordinance, all other sections set forth in the Los Gatos Town Code shall remain unchanged and shall be in full force and effect. SECTION V This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the Town Council and a certified copy shall be posted in the office of the Town Clerk, pursuant to GC 36933(c),(1). Ordinance 2278 5 of 6 December 18, 2018 SECTION VI This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on December 4, 2018, and adopted by the following vote as an ordinance of the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on December 18, pill COUNCIL MEMBERS: AYES: Marcia Jensen, Rob Rennie, Marico Sayoc, Barbara Spector, Mayor Steven Leonardis NAYS: ABSENT: _: _ k SIGNED: MAYOR OF THE TOWN —niz+ � LOS GATOS, CALIFORNIA IIZ , DATE: ATTEST: `tl� `i � TOWN CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: 19,— at— 1g Ordinance 2278 6 of 6 December 18, 2018