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,
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COUNCIL MEMBERS:
AYES: Marcia Jensen, Rob Rennie, Marico Sayoc, Barbara Spector, Mayor Steven Leonardis
NAYS:
ABSENT:
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SIGNED:
MAYOR OF THE TOWN —niz+ �
LOS GATOS, CALIFORNIA
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DATE:
ATTEST:
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TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: 19,— at— 1g
Ordinance 2278 6 of 6 December 18, 2018