Ord 2062 - Amending Town Code Section 29.10.020 (Definitions for Finished Floor, Finished Grade, Natural Grade, and Height), Section 29.10.090 (Height Restriction, Exceptions); and Section 29.40.030 (Fences, Hedges, and Walls)' �I 12G lido 7"T11A
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING TOWN CODE SECTION 29.10.020 (DEFINITIONS FOR FINISHED
FLOOR, FINISHED GRADE, NATURAL GRADE, AND HEIGHT), SECTION 29.10.090
(HEIGHT RESTRICTION, EXCEPTIONS); AND SECTION 29.40.030 (FENCES,
HEDGES AND WALLS)
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Town Code Chapter 29 shall be amend as follows:
Sec. 29.10.020. Definitions.
Floor, (finished) means the lowest point of elevation of the top of the sub -floor or finished
foundation slab as measured from finished grade, a known fixed reference height benchmark, or as
a height referenced from sea level.
Grade, (finished) means the lowest point of ground elevation of the finished surface of the
ground after any construction or grading activities (including, but not limited to cut and fill of
existing slopes) as measured from a known fixed reference height benchmark or as a height
referenced from sea level.
Grade, (natural) means the lowest point of ground elevation of undisturbed soil as measured
from a known fixed reference height benchmark or as a height referenced from sea level.
Height. The height of all structures, excluding fences, shall be determined by the plumb
vertical distance from the natural or finished grade, whichever is lower and creates a lower profile,
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to the uppermost point of the roof edge, wall, parapet, mansard, or other point directly above that
grade. For portions of a structure located directly above a cellar, the height measurement for that
portion of the structure shall be measured as the plumb vertical distance from the existing natural
grade to the uppermost point of the structure directly over that point in the existing natural grade.
No point of the roof or other structural element within the exterior perimeter of the structure shall
extend beyond the plane established by the maximum height plane except as allowed by Section
Fence height shall be measured from finished grade and shall be measured from either side
of the property line which affords affected property owners the most buffering from noise, light,
glare, or privacy impacts.
Story means that portion of a building included between the upper surface of any floor and
the upper surface of the floor next above, except that the topmost story shall be that portion of a
building included between the upper surface of the topmost floor and the ceiling or roof above. If
the finished floor level directly above a basement or cellar is more than six (6) feet above grade, such
basement or cellar shall be considered a story. Three story building elevations are prohibited in
Hillside Residential and Resource Conservation zones.
Sec. 29.10.090. Height restriction, exception.
Towers, spires, elevator and mechanical penthouses, cupolas, similar structures and necessary
mechanical appurtenances which are not used for human activity or storage may be higher than the
maximum height permitted by the zone. The use of tower elements or similar structures to provide
higher ceiling heights for habitable space shall be deemed as a use intended for human activity and
is therefore not exempt from the maximum height restrictions of a zone.
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Sec. 29.40.015. Accessory buildings.
(1) Are not over fifteen (15) feet high and are no more than one (1) story. Lofts which do not
have sufficient headroom for occupancy are permitted for storage use only.
Sec. 29.40.030. Fences, hedges and walls.
(a) In residential zones, fences, hedges, and walls not over six (6) feet high are allowed on
or within all property lines, except that no owner or occupant of any corner lot or premises in the
Town shall erect or maintain upon such lot or premises any fence, hedge or wall higher than three
(3) feet above the curb in a traffic view area unless a permit is secured from the Town Engineer. A
traffic view area is the area which is within fifteen (15) feet of a public street and within two hundred
(200) feet of the right -of -way line of an intersection. Barbed wire or razor Ribbon wire is prohibited
in all zones.
(b) The following exceptions shall apply:
(1) Properties within historic districts or have a Landmark and Historic Preservation
Overlay shall not have fences, hedges, and walls higher than three (3) feet in a front
yard except as provided in subsection 29.40.030(b)(2). Any fence, hedge or wall
erected in a front yard shall be of open design.
(2) Gateways or entryway arbors may be higher than six (6) feet in any zone including
historic districts and shall be of open design but in no case shall a gateway or
entryway arbor be higher than eight (8) feet, have a width greater than six (6) feet, or
have a depth greater than four (4) feet. All gateways and entryway arbors shall be
constructed of open design. No more than one (1) gateway or entry arbor per street
frontage is allowed.
(3) 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 residential property owners.
(4) Properties not on a street corner, may have side yard and rear yard fences, hedges, or
walls behind the front yard setback that are eight (8) feet high if the property owner
can demonstrate to the satisfaction of the Planning Director that the following
conditions exists:
a) A special privacy concern exists that merits the need for the eight (8) foot
height and that these concerns cannot be practically addressed by additional
landscaping or tree screening. Written justification shall be provide to the
Planning Department which documents the special privacy concern, and the
higher fence height may only be approved at the discretion of the Planning
Director.
b) A special wildlife /animal problem affects the property and merits the need for
the higher eight (8) foot height because no practical alternatives exists to
address the problem. Documented instances of wildlife grazing on gardens
or domestic landscaping may be an example of such a problem. Fencing
proposed for rural or hillside areas shall be of an open design that does not
detract from the scenic nature or character of the surrounding area.
SECTION II
The following definition set out at Section 29.10.020 shall be deleted in its entirety:
Height of building is measured vertically from the grade to the highest point of the coping
of a flat roof (slope one (1) in twelve (12) or less), or to the deck line of a mansard roof, or to the
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average height of the highest gable of a pitched or hip roof. (For special considerations on sloping
lots, see section 29.40.045).
SECTION III
This ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on June 7, 1999 and adopted by the following vote as an ordinance of the Town of Los Gatos
at regular meeting of the Town Council of the Town of Los Gatos on June 21, 1999. This ordinance
takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Steven Blanton, Linda Lubeck, Joe Pirzynski,
Mayor Jan Hutchins.
NAYS: None
ABSENT: Randy Attaway
ABSTAIN: None
SI
ATTEST:
00
CLERK OF THE TOWN O L S GATOS
LOS GATOS, CALIFORNIA
S:\ATY62199.19
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