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Attachment 17Sean Rikaiin From: Clerk Seat: Thursday, December 07, 2017 9:35 AM To: Sean Mullin; Joel Paulson; Sally Zarnowitz Cc: Cindie Gonzales; Jessica Atilano; Dorrie Romero Subject: FW: New request received Attachments: ATT00001.bin Public comment received through the online public records request portal regarding the fencing ordinance. SheCCey From: Clerk Administrator[mailto:do_not_reply@civicplus.comj Sent: Thursday, December 07, 2017 8:59 AM To: Clerk Subject: New request received Category Clerk Department has received a new request. Here is what we have on file: Public Records Request #1861 SLIT MI'VI ER Category. Clerk Department Kim Hailey Priority: 1 15769 Shady Lane Assigned To: Clerk Town Los Gatos, CA 95032 Submitted: 12/7/2017 8:58 AM CONTACT Source: Website 73.162.13.133 kitnhg.santolina.com 408 499 8884 View Request REQUEST' ➢DfE'a'A➢LS Description I am concerned about the hillside fence proposal. We live on 20 acres and host 10-20 deer. Our fence along Shady Lane helps keep the deer out of the roadway. Most of the deer that die are the result of being hit. I see deer along Short Road and even Blossom Hill Road. The fences actually protect the deer and impede their interaction with civilization. I do not think the proposed fence ordinance will have the desired outcome. Thanks, Kim Hailey Your Information 1 ATTACHMENT 17 From: Wallis and Wallis Insurance Brokers <dwallisjr@aol.com> Sent: Tuesday, September 18, 2018 11:44 AM To: Jocelyn Shoopman <jshoopman@losgatosca.gov> Subject: I need help Hi Jocelyn, I want to send you a email in support of the proposed approval of the 7 foot high fences, should I referred to a specific vote??? Thanks!! Marcia Partner & Broker Wallis and Wallis Insurance Brokers STRENGTH IN PERFORMANCE Agency of the Year, Northern California 1249 Park Ave San Jose, California 95126 408-293-3336 408-293-6054 Fax www.wawib.com Sean Mullin From: David Klinger <dave.klinger@sbcglobal.net> Sent: Sunday, October 07, 2018 9:59 PM To: Sean Mullin Subject: Support for Non -Hillside Fence Ordinance 29.40.033 10/7/2018 Los Gatos Town Council Members, The Town Council will be considering on October 16, 2018 changes to the Ordinance governing both Non -hillside residential lots and Hillside residential Tots fences. This letter urges your support of the non -hillside fence height change 29.40.033, even if the Council decides not to change the Hill -side fence ordinance 29.40.034 On Sep 13, 2017, I presented to the Planning Commission the case for allowing seven foot high fences (six feet solid with one foot lattice on top) for non -hillside residential lots. Following an in-depth discussion, the minutes show that the Planning Commission supported the change to seven foot height including one foot lattice within property lines, with lower heights for corner lots and front yards. I presented the same case for change to the Town Council on Dec 5, 2017. However the public testimony was almost entirely on the hillside fencing and occurred late in the evening after the Veterans Memorial was discussed and approved. Although I provided both written and verbal testimony on the non -hillside changes, the council did not discuss the non -hillside fence height proposed changes and deferred both hillside and non -hillside fence consideration to a later date, now October 16, 2018. I urge you to approve the Ordinance Sec. 29.40.033. Non -hillside residential lots: Fences, walls, gates, gateways, entry arbors, and hedges. (a) Height. In residential zones outside of the hillside area, a permit is not required for the repair, replacement, or construction of gateways, entry arbors, or hedges that are no more than six (6) feet high; or fences, walls, or gates that are no more than six (6) feet high, with one (1) foot of lattice on top (seven (7) feet high in total), and within all property lines. (b) Exceptions to height (c) Materials (d) Vehicular gates My original letter to the Town Council, presenting the case that was included in the formal package for the Council meeting on Dec 5, 2017, is included below for your reference. To summarize, the primary reasons for change are the following: 1) The existing six foot height limit is widely ignored 2) Allowing residents to build seven foot fences with one foot lattice, (the de facto city standard), will eliminate widespread non-compliance to the code. 3) Many fences are higher than six feet, but are acceptable to the neighbors, based on nearly zero complaints to Code Compliance 4) No effective enforcement of the exiting six foot limit is taking place. 5) Los Gatos does not track applications for height waiver, but the number of applications is "minimal" according to a planning staff member. 5) Charging a $233 fee for a waiver is not uniformly applied, is burdensome, and is unfair to those who wish to be compliant, since very few residents apply for a waiver 6) The existing height exemption criteria of "special privacy concerns" is subjective and difficult to properly evaluate. 7) San Jose, Sunnyvale, Cupertino, Santa Clara County, and Los Altos allow such seven foot fences without exemptions or permits. Again, I urge you to consider non -hillside lots and hillside lot ordinance changes separately, and to accept the seven foot height with lattice for non -hillside residential lots. Respectfully, David L. Klinger 141 Potomac Dr Los Gatos, CA 95032 Reference: 8/30/2017 Initial letter to Los Gatos Town Council I am a resident Los Gatos. The Planning Commission is currently considering changes to the Los Gatos fence code for hillside properties to protect wildlife. I request the Council direct the Commission to expand the scope of these changes to include reconsideration of the flatland residential fence height restrictions. I recently received approval by the Community Development Director to construct a replacement 7 foot high fence that includes a 1 ft lattice on top. I paid Los Gatos $233 to process the exemption required by city code, after gaining approval of all my adjacent neighbors. A building permit was not required since the fence was not over 7 feet high. I discovered by walking our dogs around extensively and talking with my fence contractor that 7 foot fence replacements are quite common. I met with Sean Mullin, of the Los Gatos planning staff to seek information about how many residents seek the formal exemption and pay the fee. I was advised by another planning staff member at that meeting that the number is "minimal", and that the city was unable to provide me the exact exemption application count since there is no tracking system in place. One can only conclude that many residents simply ignore the code and replace fences without seeking a formal exemption for those fences higher than 6 feet. Further, I talked with LG Code Compliance and was told that fence height compliance is not an issue, perhaps one or two calls per year, due to neighbors working it out themselves. Compliance actions do not take place unless there is a complaint.. San Jose, Sunnyvale, Cupertino, Santa Clara County, and Los Altos allow 7 foot fences with 1 foot lattice without exemptions or permits, some of these cities requiring adjoining neighbor approval. Neighbor approval and "Special privacy concerns", without specific criteria, is the current Los Gatos basis for allowing fences over 6 feet high. Privacy is a subjective matter best left to the neighbors directly affected. Determination of whether or not a special privacy concern exists is at the discretion of the Community Development Director per current code. Proposal: The flatland ordinance should be modified to allow 7 foot heights with 1 foot lattice without an exemption fee if all affected neighbors approve. The code should continue the 6 foot no -approval baseline. If a neighbor disapproves a fence higher than 6 feet, the resident desiring the increase could appeal, starting with the Community Development Director. Fences higher than 7 feet should continue to require a permit due to ensure safety. Front yard and corner lot low fence limitations should remain in force, again for safety and visibility reasons. I believe this change would reconcile the fence height ordinance to the apparent current LG community consensus that 7 foot fences are often desired and are acceptable. Making this change would promote better respect for and compliance with Los Gatos codes, and immediately reprieve many residents who are not currently code -compliant. However, this issue is not likely to result in demonstrations and demand for changes at future Council meetings. Rather, this issue falls more properly into the category of good city governance and respect for the ability of residents to work it out themselves. In summary, 1) The fence height code is being ignored widely, 2) Many fences are higher than six feet, but are acceptable to the neighbors, 3) The current height exemption criteria of "special privacy concerns" is subjective and difficult to properly evaluate, 4) When neighbors already agree on a 7 foot high fence, gaining city approval and paying associated fees unnecessarily burdens the residents. Respectfully, David L. Klinger 141 Potomac Dr Los Gatos, CA 95032 RECEIVED To: Town Council Re: Revised Fence Ordinance, meeting of TC October 16, 2018 From Peter Donnelly, Dave Weissman, October 9, 2018 OCT 0 92018 TOWN OF LOS GATOS PLANNING DIVISION After a considerable amount of time working with staff and the various interests within the Town, we now support the draft before you as a compromise that achieves the main interests and goals of the HDS&G. There is one short sentence that we recommend you add to this draft to make the code clearer and as unambiguous as possible: Where a conflict exists between the CC&Rs of a hillside PD and this document, the requirements of this document shall prevail. Our concern is not about some unrealistic, hypothetical situation because such a potential conflict may be illustrated by the following example. The Town approved CC&Rs of the Highlands PD say, in Section 6.11.2, that "Generally, fences should be constructed in such a fashion to be open that will allow the migration of native animals through the project." Those CC&Rs continue that "Open fencing as suggested by the Hillside Development Standards and Guidelines and as appended herein as Exhibit D is encouraged." Yet in Exhibit D-2 of that very same Highlands document, a "permitted" fence (see attached) shows a fence that is clearly not wildlife -friendly because of the obvious wire mesh. Additionally, the Highlands CC&R "Fence and Wall" section anticipates that Town codes can subsequently change and says that homeowners are "...subject to applicable governmental regulations and requirements of governmental agencies, and ...as may be amended from time to time..." (our emphasis). Incorporating the above proposed sentence into the Town's fence ordinance insures that Homeowner's Associations will continue to advise their members and update their internal CC&Rs since, at least in the case of the Highlands, any proposed fence or wall construction must be approved by the Highlands' internal governing board. We also believe the addition of the above highlighted wording would remove any ambiguity and prevent any unintended loopholes that result in fencing that does not comply with the intended outcome of the HDS&G. li It 11 l.! It li.11=11.'1f 17-g:=11=i1 0 2x6 GAP 2x4 RAIL 2"x4" WW. HEIM STRETCH E STAPLE TO SACK OP PFNGa ® 4x4 POST P.W.P. AT v-O" O C 4x1 row P.rsD,. 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