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Attachment 25Sean Mullin From: Linda Swenberg <swenberg@me.com> Sent: Monday, November 26, 2018 12:32 PM To: Sean Mullin Cc: Johanes Swenberg Subject: Input on proposed Sec. 29.40.030. Fences, walls, gates, gateways, entry arbors, and hedges. Follow Up Flag: Follow up Flag Status: Flagged Sean, I am a property owner in Los Gatos and have been for some time. I recently reviewed the proposed fence ordinance at http://www.losgatosca.gov/Fences. I am having a very hard time deciphering the language of the proposed ordinance, particularly the descriptions of "driveway view area," "traffic view area/' and "corner sight triangle." I don't think that it is appropriate for established homeowners to have to employ an attorney to ensure they are in compliance with town code when embarking on a simple fence -building project. The following is also unclear. The language about exemption from permits would be struck from the code? Would all new fences now require permits? How about repairs or rebuilds? Furthermore, I don't understand the 18 foot minimum now required for the setback to an open vehicular gate. Although I don't currently live in a neighborhood where such a gate is currently required, what if one of my neighbors wanted to install a vehicular gate on one of these smaller lots for safety purposes? One example would be to provide a disabled child freedom on the property but to prevent them from running into the street. Another example would be if property crime continues to be an issue that many homeowners might desire a vehicular gate in the future. Why shouldn't that be allowed even on smaller lots? Is it a life -safety issue for emergency vehicles? I would support more liberal allowances for vehicular gates but the new requirements (or rewrite of current requirements) seemingly make such an installation illegal. Regards, Linda Swenberg 128 Mary Way Los Gatos, CA 95032 ATTACHMENT 25 Sean Mullin From: Mary Martin <mbrence@comcast.net> Sent: Monday, November 26, 2018 2:23 PM To: Sean Mullin Subject: new fence ordinances Follow Up Flag: Flag for follow up Flag Status: Flagged One question I have about the proposed fence and hedge ordinances pertains to previously existing structures and hedges. How will that be addressed? Mary Martin 254 Vista del Monte Los Gatos, CA 95030 (408) 354-8878 From: Linda Swenberg <swenberg@me.com> Sent: Monday, November 26, 2018 1:12 PM To: Sean Mullin <SMullin@losgatosca.gov> Cc: Johanes Swenberg <johanes_swenberg@yahoo.com> Subject: Re: Input on proposed Sec. 29.40.030. Fences, walls, gates, gateways, entry arbors, and hedges. I do have one more question which pertains to current code —is there any requirement to build fences so as to avoid inaccessible "dead" pockets of land? The developer/owner of a flag lot next to ours (16161 Short Road) built such a fence and it would be wise to prevent this in the future. The Compliance Memorandum -conditions of approval for that property there was a requirement that they place new fences along property lines but they did not. They built a fence set in by several feet on their property and left the existing good neighbor fence (on the property line) in place. Somehow the PPW department missed this and granted final approval based on a surveyor's note which certified that all fences were build "on or within property lines" as opposed to the required "on property lines." I guess no one came to look at the actual fences because now there is now a strip of land which is completely fenced in on all 4 sides next to my back yard. It is a few feet wide. It is inaccessible and unmaintained. It is not a wildlife corridor as it is enclosed on all four sides by solid fencing. At least one other neighboring property has similar dead space between fences. We don't want to make trouble for our current neighbors but we have learned from our experience and this situation should be avoided in the future. The enclosed inaccessible space creates a safe harbor for critters such as foxes to live in. In addition, the vegetation growing in there is unmanageable and unkempt and may now be, or at some time may become, a fire hazard. Possibly, the updated ordinance could prevent this from happening in the future. Sean Mullin From: David Klinger <dave.klinger@sbcglobal.net> Sent: Wednesday, November 28, 2018 11:54 AM To: Sean Mullin Subject: Letter to Council in support of Fencing Amendments Sec. 29.40.030 11/28/2018 Los Gatos Town Council Members, The Town Council will be considering on Dec 4, 2018 amendments to the Ordinance governing residential lots fences. 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, action was deferred so that further consideration of hillside fencing could be made. It was again deferred on October 16, 2018; however, the council did receive guidance from counsel that non -hillside fences could be considered separately from the hillside fences. The fencing issue was referred to the Policy Committee, which met on November 15, 2018 and recommended separate consideration of the non -hillside fences. I urge you to approve the proposed amendments to Sec. 29.40.030. Fences, walls, gates, gateways, entry arbors, and hedges. The amendments would permit fences that are six foot solid plus one foot of lattice on top in non -hillside residential areas. Existing six foot height limits for hillside lots would be maintained in order to preserve views. In addition, the amendments require three foot heights in designated exception areas, such as front yards, driveways and corner lots, where ensuring visibility, safety, and neighborhood character is vital. The amendments allow higher partitions for entryways and for properties adjacent to commercial properties. The amendments also provide an exception approval process to allow special privacy and animal concerns to be properly accommodated. My original unsolicited 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 to non -hillside fence heights 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. 6) 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. 7) The existing height exemption criteria of "special privacy concerns" is subjective and difficult to properly evaluate. 8) San Jose, Sunnyvale, Cupertino, Santa Clara County, and Los Altos allow such seven foot fences without exemptions or permits. 9) The proposed amendments provide for visibility, safety, and neighborhood character concerns, while providing a an exception process for special situations. Again, I urge you to adopt the proposed Sec. 29.40.030. 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 From: Srinivas Beeravolu <sbeerav@gmail.com> Sent: Wednesday, November 28, 2018 8:29 PM To: Council <Council@losgatosca.gov>; Town Manager <Managger@losgatosca.gov> Subject: Feedback on draft of fence ordinance Dear Mayor and Town Council, This is regarding the proposed changes to the fence and wall ordinance. I agree with my fellow Town residents that the proposed ordinance's requirements infringe on the rights of private property owners, turning the control of private property over to the Town officials. I strongly urge that you do NOT adopt the ordinance in its current form. As posted in the feedback received by the town on this topic, the town should focus its resources and energy in the issues related to public service to its residents and visitors, and on providing quality public infrastructure. As some of you might have seen the posts on Nextdoor, there have been several burglaries recently in our neighborhoods. Safety of our homes and families should be our first priority. The council should avoid adopting regulations that make the residents feel that there is too much unwanted bureaucracy. The town should make residents feel welcomed, and not drive them away with unnecessary regulations that the county and other cities do not mandate. As a simple example - the town is trying to add a restriction that vehicular gates be installed 18 feet from the right of way. Neither the fire department, nor the county has such a requirement for non hillside areas. Why does the town want to impose this restriction on us when our neighbors across the road in San Jose do not have this restriction? Are we being punished for being residents of the town of Los Gatos? In this area where land is scarce and extremely expensive, the residents have paid millions of dollars to buy their homes and the owners should not be forced to have setbacks in their lots in the guise of safety, especially when there are no recorded easements. Why is the town trying to add this restriction in the guise of safety? Is this based on a study or an epiphany that someone had? What studies have been done by the town to indicate this is a safety issue? The residents will appreciate if the town can provide us a copy of the study that was done in this matter. If no study was done, the town should do that first and provide a copy to its residents before any decision is made. Respectfully, Srinivas