Ord 2286 - Amend Chapter 29 Section 29.40.030-29.40.034 regarding Fences, Hedges, and WallsORDINANCE 2286
ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 29 (ZONING REGULATIONS)
SECTION 29.40.030 - 29.40.034 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; 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 forwarded the matter to the Town Council Policy
Committee for consideration; and
WHEREAS, On November 15, 2018, the Town Council Policy Committee reviewed and
commented on the proposed amendments regarding fences throughout the Town and
forwarded recommended amendments to the Town Council for consideration; and
WHEREAS, On November 15, 2018, the Town Council Policy Committee reviewed and
commented on the proposed amendments regarding fences in the hillside area and continued
the matter to a date uncertain for further consideration by the Town Council Policy Committee;
and
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WHEREAS, On December 20, 2018, the Town Council Policy Committee reviewed and
commented on the proposed amendments regarding fences in the hillside area, and forwarded
a draft Ordinance to the Planning Commission for consideration; and
WHEREAS, On March 13, 2019, the Planning Commission received the staff report
regarding fences in the hillside area, received public comment, closed the public hearing, and
continued the matter for further discussion of the amendments; and
WHEREAS, On April 10, 2019, the Planning Commission reviewed and commented on
the proposed amendments regarding fences in the hillside area, and continued the matter for
further consideration; and
WHEREAS, On May 22, 2019, the Planning Commission reviewed and commented on
the proposed amendments regarding fences in the hillside area and forwarded a
recommendation to the Town Council for Approval of the proposed amendments with
modifications; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law
and came before the Town Council for public hearing on June 18, 2019; and
WHEREAS, on June 18, 2019, the Town Council reviewed and commented on the
proposed amendments regarding fences in the hillside area and the Town Council voted to
introduce the Ordinance.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN
AS FOLLOWS:
SECTION I
Los Gatos Town Code Chapter 29, Section 29.40.030-29.40.034 is hereby repealed and
reenacted to read as follows:
Sec. 29.40.030. Fences, walls, gates, gateways, entry arbors, and hedges.
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Sec. 29.40.0305. Intent.
The intent of these fence regulations as defined in Section 29.40.0310, is to preserve the
natural beauty of the Town of Los Gatos the natural movement of wildlife, and to protect
traffic view areas while acknowledging that residents have the right to fence their properties to
protect children contain their animals protect garden or agricultural areas, and maintain
Privacy. Specifically, within the hillside area the intent of these fence regulations is to allow for
the movement of wildlife Unless specified otherwise these fence regulations are applicable
Town -wide These fence regulations incorporate portions of the Hillside Development
Standards and Guidelines related to fencing.
Sec.29.40.0310. Definitions.
The following words terms and phrases when used in these fence regulations, shall have
the meanings ascribed to them in this section:
Buck and rail fence means a fence constructed with wood rails where the posts are
arranged to form a triangle to provide the vertical structure of the fence. The horizontal rails
are then attached to the triangle support posts.
Corner sight triangle means a triangular area at street intersections having sides thirty (30)
feet in length as measured from intersecting property lines.
Double fence means two fences spaced a few feet apart regardless of height and material.
Driveway view area means 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.
Fence means a structure constructed of posts rails wire and/or barrier panels, used to
define a boundary or as a means of protection confinement, or visual obstruction.
Fence regulations means Sections 29 40.030 through 29.40.0330.
Hillside area means all properties located within the area defined by the Hillside Area Map
as contained in the Town of Los Gatos Hillside Development Standards and Guidelines.
Open view fence means a fence constructed in such a way so that no more than twenty (20)
percent of the surface area of the fence obstructs a view through the fence from a position
perpendicular to the fence.
Perimeter fence means a fence located on the property line of a lot.
Riparian corridor means an area comprised of habitat strongly influenced and delineated by
the presence of perennial or intermittent streams.
Solid fence means a fence constructed in such a way so that more than twenty (20) percent
of the surface area of the fence obstructs a view through the fence from a position
perpendicular to the fence.
Traffic view area means 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.
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Wildlife -friendly fence means a fence that allows any animal, regardless of size, to climb
under, pass through, or jump over, with a maximum height of forty-two (42) inches and a
minimum distance between the bottom rail and the ground of eighteen (18) inches.
Sec. 29.40.0315. Height, materials and design, and location.
(a) Height.
(1) Fences, walls, gates, or hedges may not exceed six (6) feet in height with one (1)
foot of lattice on top (seven (7) feet high in total): except as provided in subsections
(2), (3), and (4) below.
(2) In the hillside area:
a. Fences, walls, gates, or hedges may not exceed six (6) feet.
b. On properties one (1) acre or greater, perimeter fencing shall be a wildlife -
friendly fence as defined in Section 29.40.0310.
(3) Fences, walls, gates, and hedges may not exceed three (3) feet in height when
located within a required front or side yard abutting a street (as required by the
zone), driveway view area, traffic view area, or corner sight triangle unless an
exception is granted by the Town Engineer and Community Development Director.
Trees, hedges, and vegetation within a corner sight triangle shall meet the
requirements of Section 26.10.065.
(4) Pedestrian gateways or entryway arbors may be up to eight (8) feet high. No more
than one (1) gateway or entryway arbor per street frontage is allowed.
(b) Materials and design.
(1) The following fence types and materials are prohibited:
a. Any fence with bare lengths of wire stretched between posts.
b. Electric fences, including any fence designed to produce an electric shock.
c. Barbed or razor wire fences, including any fence with attached barbs sharp
points, or razors.
d. Transparent fences such as barriers of glass or clear plastic.
(2) In the hillside area:
a. Fences located within twenty (20) feet of a property line adjacent to a street
shall be open view fencing as defined in Section 29.40.0310.
b. On properties one (1) acre or greater, perimeter fencing shall be a wildlife -
friendly fence as defined in Section 29.40.0310.
c. Chain link, welded wire, wire mesh, or similar material shall be coated with
green, brown, or black vinyl or finish and shall be supported by a wood frame.
d. Buck and rail, double, and solid fences are prohibited.
(3) In the Landmark and Historic Preservation Overlay:
a. Plastic fencing is prohibited.
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b. Fences located in a required front yard shall be open view.
(4) Pedestrian gateways or entryway arbors shall be open view. A gateway or entryway
arbor shall have a maximum width of six (6) feet and a maximum depth of four (4)
feet.
(c) Location.
(1) No fence wall or sate shall be located within emergency egress easements.
(2) No fence wall or gate shall be located within twenty (20) feet of a riparian corridor
as defined in Section 29.40.0310.
(3) Vehicular gates shall be set back from the edge of the adjacent street a minimum of
eighteen (18) feet as measured along the centerline of the driveway. A greater
setback may be required when a gated entrance serves more than one house.
Sec.29.40.0320. Exceptions.
An exception to any of these fence regulations may be granted by the Community Development
Director. A fence exception application and fee shall be filed with the Community Development
Department and shall provide written justification that demonstrates one of the following
conditions exist:
(a) Adjacent to commercial property, perimeter fences or walls may be eight (8) feet if
requested or agreed upon by a majority of the adjacent residential property owners.
(b) On interior lots 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 iustification that either:
(1) A special privacy concern exists that cannot be practically addressed by additional
landscaping or tree screening; or
(2) 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.
(c) At public utility facilities critical infrastructure and emergency access locations,
exceptions may be granted where strict enforcement of these regulations will result in a
security or safety concern.
(d) A special security concern exists that cannot be practically addressed through
alternatives.
(e) A special circumstance exists including lot size or configuration, where strict
enforcement of these regulations would result in undue hardship.
Sec.29.40.0325. Exemptions.
All fences hedges gates and walls existing on the effective date of this Ordinance that do not
meet the regulations contained herein are nonconforming and are exempt from these
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regulations. Existing nonconforming fences may be maintained and/or replaced in kind
including historic stone or river rock walls.
Sec.29.40.0330. Penalties.
A property owner who has unlawfully constructed any fence wall gate gateway, entry arbor,
or hedge is subject to applicable enforcement and penalties as described in Section 29 20 930
through 29.20.965 of the Town Code.
SECTION II
With respect to compliance with the California Environmental Quality Act (CEQA), the
Town Council finds as follows:
A. These Town Code amendments are not subject to review under CEQA
pursuant to sections and 15061(b)(3), in that it can be seen with certainty that there is no
possibility that the proposed amendment to the Town Code would have significant impact on
the environment; and
B. The proposed Town Code amendments are consistent with the General Plan
and its Elements.
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.
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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).
SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on the 18`" day of June 2019 and adopted by the following vote as an ordinance of
the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on
the 6' day of August 2019.
COUNCIL MEMBERS:
AYES: Marcia Jensen, Rob Rennie, Marico Sayoc, Barbara Spector, Mayor Steven Leonardis
NAYS: None
ABSENT: None
ABSTAIN: None
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: Z C{
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: �q
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