Attachment 19October 13, 2018
Dear Mayor and Town Council
As residents of the HR Zone, we ask you please not adopt the proposed fence and wall ordinance.
Following are reasons why we believe you should not adopt it:
1. The proposed ordinance's requirements infringe on rights of private property owners, turning
control of private property over to Town Officials and the Community Development Director.
2. The scope of the ordinance is not health and safety, but if adopted, would be an imposition of
the personal preferences of Town Officials, staff and ordinances proponents. The Town should
concentrate its resources and energies on issues of the health and safety of its citizens, public
service to its residents and visitors, and on providing quality public infrastructure, not
harassment of residents and property owners. Council should avoid adopting regulations that
force citizens into unnecessary disputes with Town staff and Officials over the rightful use of
private property.
3. The proposed Ordinance ignores the fact that landscaping, pets, personal property and family
members need protection from wildlife and unauthorized intruders that should be designed by
the property owner, not Town officials. Coyotes, raccoons, deer, skunks, to name a few can be
a threat. An absence of such protections as provided by walls and fences can prevent property
owner from using their own property as they choose.
4. Wildlife is very capable of creating their own corridors, nesting and resting areas, and finding
their own food sources, particularly in the Hillside Zone. It does not hesitate to use roads and
other public spaces.
5. The location of fences and walls is a lot design decision rightfully made by individual property
owners. The shape, features, topography and natural vegetation of each lot differ, and are not
reasonably controlled by government and/or ordinance formulas.
6. Ordinance proponents should feel free to donate their time, resources and opinions regarding
wildlife management to the region's open space district where conservation and wildlife take a
rightful priority. They should limit their efforts to make fencing and wall decisions for their
own property.
7. Finally, this ordinance could be interpreted as a "wildlife easement", representing a taking and,
if adopted, should be litigated.
Don & Cheryl Wimberly
PO Box 800
Los Gatos, CA 95031
RECEIVED
OCT 152018
Attachment 19
TOWN OF LOS GATOS
PLANNING DIVISION
RECEIVED
To Mayor Renni and Town Council
From Lee Quintana
Re Draft Fence Ordinance
Date October 15, 2018
OCT 15 2018
TOWN OF LOS GATOS
PLANNING DIVISION
I ask that the Council refer the amendments to the Town's Fence Ordinance to the Town
Council Policy Committee to discuss the following:
• Balance between wildlife arid residents
• Best and/or common practices - flexibility vs one size fits all
• Organization and clarity
• Consistency with General Plan, Hillside Development Standards and Guidelines
(HDS&G)
lat tac hm en tso
I. Comment Letter from Christopher Kankel, dated July 18, 2017.
II. Saratoga Zoning Code: Sec15-29.020 - Fencing within hillside districts.
III. Monte Sereno Fence Regulations
IV.Monte Sereno Zoning Code: Zoning Code designations and Zoning district standards
(setbacks and minimum lot size).
HaBence
Christopher Kankel, in his letter dated July 18, 2017, he recognizes the need to balance
the needs of wildlife and hillside residents and the challenge creating that presents
when drafting regulations for hillside fencing (See Attachment I.). Mr. Kankel states:
"While I appreciate the need to accommodate the wildlife whose territory we infringe
upon, I also respect the need and right to privacy and security of my clients and
fellow residents. Developing a fencing ordinance that accommodates both the
wildlife and residents is a delicate balancing act."....
Mr. Kankel further suggests a balance that would allow residents and designers
flexibility in choosing what portion of their property to secure while insuring a greater
portion of their property remains accessible to wildlife.
However, neither the first draft nor the currently proposed draft would provide balance or
flexibility as he suggests.
The first fence ordinance draft:
• Areas: Divides the town into two areas, non -hillside areas and hillside areas.
Treats each area as "one size fits all.
• Balance: Regulations are balanced to favor the protecting wildlife habitat, wildlife
movement corridors preserving continuous open space and the rural open
character of the town's hillside areas.
• Flexibility: While the first draft, allowed exceptions for privacy where required,
protection for pets, gardens and play areas, as well as for security around pools
Town Council Hearing October 16, 2018
Draft Fence Ordinance 2 of 4
areas and sports courts, the 30' requirement did not allow much flexibility to locate
these activities within one continuous security fencing.
Current fence ordinance draft:
® Area: The current draft divides the town into two areas based on size without
regard to zone. The town is divided into lot which are Tess than one acre and lots
one acre or more However, in effect, regulations for animal -friendly fences are only
required yard setback of their zone. Any area located outside the required yard
setbacks is subject to the regulations for lots that are less than one acre.
• HR zones and RC zones: Yard setback requirements: Front-30', Sides- 20' and
Rear-25'. Size or specific zone is not taken into account.
• Balance: Moves the balance in the opposite direction by reducing the number of
lots that are required to meet minimum front yard setbacks and are allowed to have
fences along their property lines and increasing areas not required to have animal -
friendly fences. The current draft may create movement corridors in some areas,
but it also has the potential to allow enclosing large area, to recreate discontinuous
movement corridors, reduce wildlife habitat and to reduce the open rural feeling of
the hillsides.
183eslt end or common practfloes
General:
• Most provide tables and/or figures to illustrate setbacks and heights.
• Most regulations are base on zoning districts, some are based on minimum size of
zoning districts. (example Portola Valley)
• Most require permits
• Most limit the height of fences in front yard setback to 3 or 3 1/2 feet.
• All require restriction of height of fence in a traffic view area at street intersections
• Some restriction height of fences on side yards adjacent to streets or require
increased side setbacks on side yards adjacent to streets.
• Most also require fence height restrictions triangles at driveway intersections with
streets.
• Most have regulations regarding driveway/vehicular gates setbacks (most in open
position) and height and/or design of driveway gates
• Most have provisions for exceptions to height greater than 6' (either 7' with 6' solid
fence + 1' lattice or open fencing or 8' maximum with 2 feet lattice) and exceptions
for to 8 feet for privacy and wildlife protection of landscaping and vegetables.
• To varying degrees reference regulations pertaining to fences found in other
sections of the zoning code, municipal code or building code (examples: traffic
visibility areas, building permit regulations for fences around pools, regulations for
sport court fencing, or for horse fencing
• Setbacks from streams and riparian habitat to all areas not just hillside locations.
Saratoga:
1 Based on review of fence regulations from Los Altos Hills, Campbell, Cupertino, Monte Sereno, Portola
Valley, Saratoga and Woodside.
Town Council Hearing October 16, 2018
Draft Fence Ordinance 3 of 4
• Saratoga has a zoning code section specific to hillside districts (Sec. 15.29.020 .
Fencing within hillside districts).2 These regulations are in addition to the general
regulations in Sec. 15.29.10.
• The hillside regulations provides for an "area of enclosure". Either 6000 sf
maximum area of enclosure or 15 percent of gross site area, which ever is greater.
(some exceptions). This provides some flexibility as to placement of the enclosed
area within the lot but leaves areas of continuous open space
• Not based on size, however provides some flexibility in choice of enclosed fence
locations. This is similar to the suggestion in Attachment I. which states:
" consider an ordinance that allows for a given percentage of a site area to be
contained by a six foot high secure fence or a minimum of x square feet).
This would allow residents and designers flexibility in choosing what portion and
extent of their property to secure while assuring a greater amount of their
property remains accessible to wildlife"
Monte Sereno:
• City of Monte Sereno Fence Regulations, (See Attachment III that was included in
a previous staff report) in part states:
"Height of Fences: No portion of any fence shall exceed a height of three (3) feet
in any part of any front yard unless a site development permit has been
approved...., or a height of six (6) feet in any side or rear yard. In no event shall
any fence height exceed six (6) feet in any point of the lot."
• To fully understand the above regulation it is also necessary to also look at
Chapter 10.05 - Zoning District Regulations, Sec. 10.05.010 - Zoning district
designations. and Sections c. Development Standards for 1. Minimum lot area,
2 .Front Yard, 3. Side Yard, 4. Rear Yard and 4.1 Increases in setbacks each
Zoning districts R-1-44, R-1-20, R-1-8. (See Attachment IV).
▪ In Monte Sereno fence setbacks and fence height maximums are determined by a
combination of the zoning of a lot, the minimum lot size adjusted for slope density,
and the area that each lot exceeds the minimum square footage. While this may
not provide as much flexibility as the Saratoga example this is not a "one size fits
all" approach.
Oirgano a Oon, lntoM and ciarKy
• The first draft fence regulations divided by into two sections: Non -hillside areas and
Hillside areas.
• The current draft is also divided the into two sections, however the sections are based
on lot size regardless of zone, rather than Non -hillside and Hillside location.
2 Saratoga Sec. 15-29-020. Fencing witthin hillside districts. See Attachment II - not previously included
in staff report.
Town Council Hearing October 16, 2018
Draft Fence Ordinance 4 of 4
• This change, however, is not reflected in the organization of the ordinance. It may also
affect some definitions.
• Re -organizing the chapter to reflect the new divisions based on size could simplify the
organization provide, increase clarity and reduce the opportunity for subjective
interpretations.
• Suggest reorganizing the ordinance to be consistent with the proposed changes. One
possibility:
• Purpose and Intent: Purpose to codify. General overall intent with more specific
intent for FosG.
i wen e e eta
o
General regulations that apply to all lots (example, view triangles, entry arbors,
driveway gate setbacks, with references to swimming pool fences, sports court
enclosures, stables and horse fences and any other pertinent fence requirements
• Regulations that apply. in addition to general fence regulations. to Tots less than
one acre
• Regulations that apply. in addition to general fence regulations. for lots one acre or
more
• Other necessary Sections.
Consostency with Genera) f 0en9 MEM
G, end ZonAng Code
I have run out of time to address consistency in detail. Just a partial list of
inconsistencies with General Plan listed in Exhibit 4.
• Policy CD 15.6: In hillsides fencing shall be open design unless needed for privacy. A
minimal amount of land shall be enclosed by fencing over 5 feet high. Revised draft
provides minimal regulation other than for yard setbacks for lots one acre or more.
• Policy CD 3.8: Solid fencing over three feet shall be designed such that it does not
isolate structures from the street, or shall be set back and landscaped. The revised
draft allows solid fencing within front yard setbacks for lots that are less than an acre.
• There are numerous goals and policies in the General Plan that address preserving
wildlife habitat, continuous open space and preserving the open rural character of the
4hillsides. Limiting animal friendly fencing to required yard setbacks only for lots that
are one acre or more is not consistent with this goal.
I will not be able to attend the October 16th Town Council Meeting. If you have
questions or would like clarifications please call me at (408) 354-7808.
Thank you for your consideration.
Lee Quintana
July 18, 2017
Kikuchi + Kankel
Design Group
Landscape Arcf itecru.
l nvironrr E r .tol Design
5.tte Planning
Sean Mullin
Town of Los Gatos Community Development Department
110 E. Main Street
Los Gatos, CA 95030
RE: Proposed changes to Los Gatos fencing ordinance
Dear Sean,
Thank you for the opportunity to provide feedback regarding the proposed changes to the Town of Los Gatos fencing ordinance. I have reviewed
the proposed ordnance from the perspective of both a resident and a landscape architect and have several thoughts to share. While I appreciate
the need to accommodate the wifdl fe whose territory we infringe upon, I also respect the need and right to privacy and security of my clients and
fellow residents. Developing a fencing ordinance that accommodates both the wildlife and residents is a delicate balancing act. My comments
listed below pertain solely to the proposed language regarding Hillside Fencing:
t. The proposed language effectively prevents corrals or any other type of fencing to contain or protect domestic animals when located more
than 30' from the main residence.
2. The proposed language effectively prevents vegetable gardens more than 30' from the main residence.
3. The proposed language effectively prevents a secure automobile gate near the road.
4. The proposed language greatly inhibits flexibility in the installation of security fencing. Per the code, a security fence of sorts may be
allowed within 30 feet of the house, but it will effectively create an arbitrary island of development within a larger property.
As a designer, I would suggest consider an ordinance that allows for a given percentage of a site area to be contained by six fool high secure
fencing (for instance, one-third of the gross property size or a minimum of x square feet). This would allow residents and designers flexibility in
choosing what portions and extents of their property are secure while insuring a greater portion of their property remains accessible to wa: dliie. It
also allows residents and designers to ability to optimize the more usable portions of their properties. Each hillside property is vastly different in
character and limiting the six foot high fencing to 30 feet proximate to the main residence is arbitrarily limiting usable space in many cases.
Again, thank you for the opportunity to offer my opinion on the matter.
Regards,
REC @VE
JUL 18 2017
Christopher Kankel TOWN OF LOS GATOS
Kikuchi + Kankel Design Group PLANNING DIVISION
61 E Morn Street. Sure (
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Article 15-29 - FENCES 1 Code of Ordinances 1 Saratoga, CA 1 Municode Libra
15-29.020 Fend g uv Qth Q E Q
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In addition to the regulations set forth in Section 15-29_010 of this Article, fences located
within an HR or R-OS district shall comply with the following regulations:
(a) Area of enclosure. Except for fencing which constitutes part of a corral, no
fencing on a single site shall encompass or enclose an area in excess of six
thousand square feet or 15 percent of the gross site area, whichever is
greater, unless approved by the Planning Commission. The fencing shall meet
the requirements stipulated in [Section] 15-29.010 of this Article. "Encompass
and enclose," as used in this section, shall mean to surround an area with a
continuous fence or a fence.
(b) Fencing outside area of enclosure. Except for fencing which constitutes part
of a corral or fencing required by the Building Code for swimming pools,
fencing outside the area of enclosure shall not exceed three feet in height,
and shall be split rail fencing, stone wall, or stucco.
(c) Parallel retaining walls. Parallel retaining walls shall be separated by a
horizontal distance of not less than five feet. Where two or more retaining
walls are approximately parallel to each other and separated by a horizontal
distance of thirty feet or less, the combined height of such walls shall not
exceed ten feet.
(d) Wildlife trails, No fence shall unreasonably impede the movement of wildlife
animals utilizing an established trail or migratory route which crosses the site.
(e) Swimming pool fences within hillside districts. When a fence already
encompasses or encloses six thousand square feet or more on a single site,
and a swimming pool fence is required for a swimming pool that is not
located within the area of enclosure as described in Article [Section] 15-
29.020(a), an additional area around the swimming pool may be enclosed
with a fence, provided the swimming pool fence follows the contour of the
pool with no more than ten feet of distance located between the fence and
edge of water.
(f) [Exemptions.] The provisions of this Section shall not apply to any property
located within and constituting a part of Tract 7763, as shown on the
subdivision map thereof recorded in the office of the County Recorder.
(g) [Stipulations.] Any property located within and constituting a part of Tracts
526 and 6528 (Parker Ranch Subdivision), as shown on the su division ma
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CITY OF MONTE SERENO
ATOGA-LOS GATOS ROAD, MONTE SERENO, CA 95030
FAX (408) 395-7653 • WWW.CITYOFMONTESERENO.ORG
FENCE REGULATIONS
Height o tences: /b . 6 (o . /3 0
No portion of any fence shall exceed a height of three (3) feet in any part of any front yard unless a site development
permit has been approved in accordance with Chapter 8 of this Title, or a height of six (6) feet in any side or rear yard. In
no event shall any fence height exceed six (6) feet at any point on the lot.
The term "fence" shall include any open or solid barrier using, but not limited to brick, stone, concrete, steel, iron, wood,
and/or plastic for its construction.
Any fence not more than six (6) feet in height in existence on August 19, 1977, in any front yard is exempted from the
Provisions of this Section, provided, however that said fence is not located within the public right-of-way and shall not
block the sight distance at a street intersection.
Site distance requirement:
No obstruction over three (3) feet in height shall be permitted within a triangle delineated by sides forty (40) feet long
on the right of way lines of intersecting streets.
Visibility and safety of vehicular and pedestrian traffic shall be a primary consideration.
Prior to construction of any fence, please contact the Building Department at
(408) 354-2805 to inquire if your proposed fence requires any permit.
(See other side of handout for intersection angles and return radii information)
DRIVEWAY GATES
Driveway gates are required to meet all of the height regulations for fences described above. Additionally, driveway
(entrance) gates shall be no Less than twenty (20^ eet from the edge of any public improvement i.e., pavement or
sidewalk. Electric gates and related improvements require a building permit from the City. --
CONTINUED ON OTHER SIDE
P:\Front Counter Handouts\Fe ce-Driveway cgulations.docx
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SECTION 13.02.080 INTERSECTING ANGLES AND RETURN RADII
Streets will be required to intersect one another at an angle as near to a right angle as practicable in each specific case,
unless otherwise necessitated by topographic conditions.
Rounded returns with a minimum radius of twenty (20) feet, or equivalent diagonal cut-offs, shall be required in all
cases. The right-of-way line radius of return may vary upwards in relation to the width of roadway, angle of intersection,
intersection design and type of land use.
Visibility and safety of vehicular and pedestrian traffic shall be a primary consideration.
No obstruction over three (3) feet and less than six (6) feet in height shall be permitted within a triangle delineated by
sides forty (40) feet long on the right-of-way lines of intersecting streets, measured from the point of intersection of said
lines or their extensions, and the hypotenuse connecting the ends of said sides when such obstruction would interfere
with a clear view of passing traffic on either street (Ordinance 42 E, Article 7, Section 1.7 — 4.5)
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10/14/2018 C er M.05 - ZONING DISTRICT REGULATIONS I Code of Ordinances I Monte Sereno, CA I Municode Library
> Chapter 10.19 - REGULATION OF SPECIAL EVENTS 5
> chapter 10.20 - LIMITATIONS ON WOOD FIREPLACES
j�/1 /J
i
Chafer 10.21 - FLOODPLAIN MAIN) NANCE
Chapter 0.23 - REQUESTS FO "REASONABLE ACCOMMODATIONS
Chapter 10. - DENSITyBONUSAND OTHER INCENTIVES
> Chapter 10.26 -IE,i ICAL MARIJUANA AND CULTIVATION
Title 11 - FRANCHISES
i
Title 12 - CI COMMISSION
Title 13 SUBDIVISIONS
modified
ST UTORY REFERENCES FOR CAL ORNIA CITIES
DINANCE LIST AND DISPOSITION TLE
CODE COMPARATIVE TABLE AND DISPOSITION LIST
modified
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< 10.04.030 - Interpretation of district boundaries. Chapter 10.06 - GENERAL PROVISIONS >
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Chapter 10.05 - ZONING DISTRICT REGULATIONS
10.05.010 - Zoning district designations.
The following zoning districts are hereby established in the City:
R 1-44 Residential District, 43,560 sq. ft. or more.
R 1-20 Residential District, 20,000 sq. ft. lot size or more.
R 1-8 Residential District, 8,000 sq. ft. lot size or more.
RM Residential Multi -Family District, 14,520 sq. ft. lot size or more.
P Public District, 8,000 sq. ft. lot size or more.
P/RM Public/Residential Multi -Family District, 8,000 sq. ft. lot size or more.
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7.
One (1) private stable for not more than the permitted number of domestic animals, provided
that the stable is not used for rental or other commercial purposes.
8. Two (2) medium size animals consisting of sheep or goats (but excluding
swine or adult unneutered male goats) for each twenty thousand
(20,000) square feet of land, and one (1) more medium size animal for
each additional ten thousand (10,000) square feet of land. Provided,
however, the total number of medium size animals on any parcel of land
shall not exceed four (4), and they shall be penned or kept in a corral on
the rear one-half of theproperty. One (1) litter produced by the medium
size animals during each calendar year may be kept on the property for
which the use permit was issued for not more than a total of four (4)
months, provided they are not kept for sale'or resale nor for commercial
breeding, boarding, nor veterinary care. At the expiration of four (4)
months, the animals in the litter shall be considered to -be adult animals
and subject to the limitation as to the number of animals which may be
kept on the property set forth herein.
C. Development standards. The following development standards shall apply in
R-1-44 Districts.
1. Minimum lot area — The minimum lot area shall be forty-three
thousand five hundred sixty (43,560) square feet or the minimum as
required by the slope density formula as set forth in the Subdivision
Title of this Code.
2. Front yard — The minimum front yard shall be as follows:
a. Single -story building — thirty (30) feet.
b. Second -story portion of building — forty-five (45) feet.
c. Detached accessory buildings are not allowed in the front yard.
3. Side yard — The minimum side yard shall be as follows:
a. Single -story building — twenty (20) feet.
b. Second -story portion of building — forty (40) feet.
c. Accessory building — six (6) feet, but must be located only upon
the rear one-half of the lot.
4. Rear yard — The minimum rear yard shall be as follows:
a. Single -story building — thirty (30) feet.
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b. Second -story portion of building — forty (40) feet.
c. Accessory building — ten (10) feet.
4.1. Each of the minimum front, side, and rear yards shall be increased by
five (5) feet for each twenty-one thousand seven hundred eighty (21,780)
square feet by which the area of a parcel of property or lot exceeds the
minimum lot area required in this residential zoning district, but does
not exceed maximum area of two (2) acres.
4.2. The waterline of a spa, tub, and/or swimming pool, or any structure
related thereto, located in the ground, or any portion of which is in the
ground shall be located not less than twelve (12) feet from any property
line and not less than eight (8) feet frorn any structure. Any spa, tub, or
swimming pool which is located entirely above ground shall be located
not Tess than twelve (12) feet from any property line.
5. Maximum building height.
a. The maximum building height shall be as follows:
(1) Single -story building — fourteen (14) feet.
(2) Second -story portion of building — twenty-one (21) feet.
(3) Accessory building — twelve (12) feet.
6. The maximum height of a building may be increased by an additional
one (1) foot for each two (2) feet that portion of the structure is further
distanced from the minimum applicable setback; provided, however, at
no time shall the maximum height exceed the following:
a. Twenty-one (21) feet for any single -story structure, or single -story
portion of a two (2) story building or any detached accessory
building.
b. Thirty (30) feet for any two (2) story structure.
c. The height of any building shall not exceed two (2) stories.
Detached structures shall not exceed one (1) story.
d. The overall plate height shall not exceed twenty (20) feet for any
structure.
7. Maximum building size — The maximum size of a main building
including required covered parking shall be as follows:
a. Single -story building — six thousand six hundred (6,600) square
feet.
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Ic Minimum lot area — The minimum lot area shall be twenty-one thousand seven hundred eighty
(21,780) square feet or the minimum as required by the slope density formula as set forth in the
Subdivision Title of this Code.
2. Front yard — The minimum front yard shall be as follows:
a. Single -story building — Thirty (30) feet.
b. Second -story portion of building — Forty (40) feet.
c. Accessory buildings are not allowed in the front yard.
3. Side yard — The minimum side yard shall be as follows:
a. Single -story building — Fifteen (15) feet.
b. Second -story portion of building — Twenty (20) feet.
c. Accessory building — Six (6) feet, but must be located only upon
the rear half of the lot.
4. Rear yard — The minimum rear yard shall be as follows:
a. Single -story building — Thirty (30) feet.
b. Second -story portion of building — Forty (40) feet.
c. Accessory building — Six (6) feet.
4.1. Each of the minimum front, side and rear yards shall be increased by
five (5) feet for each ten thousand (10,000) square feet by which the area
of a parcel of property or lot exceeds the minimum lot area required in
this residential zoning district.
•
4.2. The waterline of a spa, tub, and/or swimming pool, or any structure
related thereto, located in the ground, or any portion of which is in the
ground shall be located not less than twelve (12) feet from any property
line and not less than eight (8) feet from any structure. Any spa, tub, or
swimming pool which is located entirely aboveground shall be located
not Tess than twelve (12) feet from any property line.
5. Maximum building height:
a. The maximum building height at the setback line shall be as
follows:
(1) Single -story building — Fourteen (14) feet.
(2) Two-story building — Twenty-one (21) feet.
(3) Accessory building — Twelve (12) feet.
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Chapter 10.05 - ZONING DISTRICT REGULATIONS I Code of Ordinances I Monte Sereno, CAI Municode Library
however, the total number of medium size animals on any parcel of land
shall not exceed four (4), and they shall be p - ed or kept in a corral on
the rear one-half of the property. On litter produced bythe medium
�
size animals during each calenar may be kept on the property for
which the use permit wa sued for not more than a total of four (4)
months, provided th-6 are not kept -for sale or resale, nor for
commercial reeding, boarding, nor vein ry care. At the expiration of
four (4 �rfi nths, the Anim?Is in the litter shall be cnn,id rod to be adult
animals and subject to the limitations as to the number of animals
which may be kept on the property set forth herein.
C. Development standards. The following development standards shall apply in
R-1-8 Districts.
1. Minimum lot area — The minimum lot area shall be eight thousand
(8,000) square feet or the minimum as required by the slope density
formula as set forth in the Subdivision Title of this Code.
2. Front yard — The minimum front yard shall be as follows:
a. Single -story building — Twenty-five (25) feet.
b. Second -story portion of building — Thirty (30) feet.
c. Accessory buildings are not allowed in the front yard.
d. Side yard — The minimum side yard shall be as follows:
a. Single -story building — Six (6) feet.
b. Second -story portion of building — Ten (10) feet.
c. Accessory building — Six (6) feet, but must be located only
upon the rear one-half of the lot.
4. Rear yard — The minimum rear yard shall be as follows:
a. Single -story building — Thirty (30) feet.
b. Second -story portion of building — Thirty (30) feet.
c. Accessory building — Six (6) feet.
4.1. Each of the minimum front, side, and rear yard setbacks shall be
increased by two and one-half (21) feet for single story portion and by
five (5) feet for second story portion for each six thousand (6,000)
square feet that the lot exceeds the minimum lot size. In the case of a
lot line adjustment, when a lot with an existing conforming structure
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10/14/2018 Chapter 10.05 - ZONING DISTRICT REGULATIONS I Code of Ordinances I Monte Sereno, CAI Municode Library
increases in size, no increases in setbacks are required for the existing
structure. However, if the floor area of the structure is increased at any
time after the lot line adjustment, the increased setbacks shall apply.
4.2. The waterline of a spa, tub, and/or swimming pool, or any structure
related thereto, located in the ground, or any portion of which is in the
ground shall be located not Tess than ten (10) feet from any property
line and not less than six (6) feet from any structure. Any spa, tub, or
swimming pool which is located entirely aboveground shall be located
not Tess than ten (10) feet from any property line.
5. Maximum building height.
a.', The maximum building height at the setback line shall be as
follows:
(1) `\Single -story building — Fourteen (14) feet.
(2) T -story building — Twenty-one (21) feet.
b.
(3) Accessory building —
The maximum Freight of a
additional one (1) foot for
further distanced from th
Twelve (12) feet.
buil ng may be increased by an
e h foot that portion of the structure is
minimum applicable setback; provided,
however, at no time sh t the maximum height exceed the
following: /
(1) Twenty-one 2'1) feet for ny single -story structure or single-
4,
story portii' n of a two-story l uilding.
(2) The maxifnum height of any de`ached accessory building
shall not exceed twelve (12) feet.
(3) Thirty (30) feet for any two-story stru'ture.
c. The height of any building shall not exceed tv,o (2) stories.
Detached structures shall not exceed one (1) st ry.
6. Maximum building size — The maximum size of a buil g including
required covered parking and excluding detached access y buildings, is
as follows:
a. Single -story building — Three thousand three hundred (3,300)
square feet.
b. Two-story building — Three thousand (3,000) square feet.
c. Accessory building — Six hundred (600) square feet.
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COFtII TTEE FOR
C?..EEC2 FOCTH LL5
October 14, 2018
Los Gatos Town Council
110 E. Main St.
Los Gatos, CA 95030
SIERRA
CLUB
LOMA PRIETA
Santa Clara Valley
Audubon Society
Re: Hillside fencing ordinance (Agenda Item No. 9, 10/16/18)
Dear Mayor Rennie and Councilmembers,
The Committee for Green Foothills, Santa Clara Valley Audubon Society, and Sierra Club Loma Prieta
Chapter urge the Council to adopt the proposed Hillside Fences ordinance. Our organizations represent thousands
of members in Silicon Valley, including in Los Gatos. We have a strong interest in protecting wildlife and
wildlife movement corridors.
As scientific research has increasingly shown, animals will travel however they can to get to the resources
they need: food, water, nesting habitat, and mates. When communities begin to expand into the hillsides and other
areas where animals have historically been free to roam, barriers to movement can have unexpected
consequences. Homeowners might believe that if they put up an impermeable fence, animals will simply "go
around" or find other pathways, but often this means animals traveling down roadways where they are a hazard to
motorists. This is especially true when homeowners put up impassable fences along the very edge of their
property, essentially forcing animals into the road.
The proposed ordinance requires wildlife -friendly fencing only on hillside lots larger than 1 acre, and
only in the area within 20 to 30 feet of the edge of the property. This targeted approach ensures that the problem
of deer, coyote and other animals being forced into traffic is greatly reduced, while still allowing homeowners to
erect wildlife -excluding fencing closer to their homes.
We suggest one minor edit to the draft ordinance: adding "transparent fences such as barriers of glass or
clear plastic" to the list of fence types that are prohibited under section 29.40.034(b)(2)(a). Transparent barriers
such as large windows and glass walls are hazardous for birds, which often collide with such barriers due to either
not seeing the barrier at all or only seeing a reflection of sky or trees. Bird strikes are a major problem in the
wildland-urban edge and are causing a significant reduction in bird populations, especially of migratory birds.
Thank you for your consideration of these comments.
Sincerely,
Alice Kaufman, Legislative Advocacy Director
Committee for Green Foothills
Katj a Irvin, Conservation Committee Co -Chair
Sierra Club Loma Prieta Chapter
/
Shani Kleinhaus, Environmental Advocate
Santa Clara Valley Audubon Society
RECEIVED
OCT 152018
TOWN OF LOS GATOS
PLANNING DIVISION
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