Item 22 Staff Report Consider Directing Staff to Draft a Town Code Amendment Amending Article V, Section 29.50.35, "Fencing in Non-Residential Zones," to Allow Fences or Walls Higher than Three (3) Feet in Non-Residential Zones.COUNCIL AGENDA REPORT
DATE: September 30, 1998
TO: MAYOR AND TOWN COUNCIL
FROM: TOWN MANAGER
SUBJECT:
MEETING DATE: 10/5/98
ITEM NO.
CONSIDER DIRECTING STAFF TO DRAFT A TOWN CODE AMENDMENT AMENDING
ARTICLE V, SECTION 29.50.035, "FENCING IN NON-RESIDENTIAL ZONES", TO ALLOW
FENCES OR WALLS HIGHER THAN THREE (3) FEET IN NON-RESIDENTIAL ZONES.
RECOMMENDATION:
Accept report and direct staff accordingly
BACKGROUND:
The First Church of Christ Scientist requests that the Town Council consider amending the Town Code to allow a fence
or wall height higher than three (3) feet in non-residential zones. The Church initiated this request based on comments
from the Los Gatos Police Department and Los Gatos High School Administration, that the construction of a minimum
5-foot fence on the Church's property line could alleviate some of the problems experienced by the Church due to its close
proximity to the Los Gatos High School.
DISCUSSION:
The Town Code does not allow fences in non-residential zones, except for walls or fences not over three feet in height
for the sole purpose of screening the view of on -site parking from the street. The intent of this regulation is to provide
an aesthetically pleasing streetscape by maintaining views of required landscaping in required -yard setbacks abutting a
street. Properties in the C-2 (Central Business District Commercial) zone may be allowed to erect fences and may be
exempt from landscaping required -yards if the following findings can be made by the reviewing body:
(a) Improvements may be permitted in any required front yard and any required side yard abutting a street in a
C-2 or central business district commercial zone if the deciding body makes all of the following fmdings:
Pedestrian safety will not be impaired;
The streetscape would be enhanced as a result of the proposed improvements;
The improvements are in character with the adjacent buildings; and
The improvements will not obstruct the clear sight vision of vehicular traffic.
PREPARED BY: LEE E. BOWMAN
PLANNING DIRECTOR
Reviewed by: tO1(. Attorney ��' )Finance Revised: 9/30/98 9:37 am
Reformatted: 10/23/95
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: CONSIDER DIRECTING STAFF TO DRAFT NON-RESIDENTIAL FENCE HEIGHT
AMENDMENT
September 30, 1998
Amendment of this regulation could also result in other fences being erected along the street frontages in the C-1
(Neighborhood Commercial), 0 (Office), CH (Restricted Highway Commercial), LM (Commercial -Industrial), and CM
(Controlled Manufacturing) zones. These are all zones where the Town Code requires landscaping of front yards and
street abutting yards to soften the impact of building designs and provide an aesthetically pleasing environment.
If the Council directs the Manager to proceed in drafting the requested ordinance amendment it will draw staff resources
from other Council assigned tasks such as updating the demolition ordinance and will lengthen the processing times for
other pending development project between two to four weeks. There is not currently any unused Planning Department
staff time. The entire planning staff is involved .in the coordination of the General Plan Update Process and staffmg the
General Plan Task Force II.
The Planning Department anticipates that preparing and processing the requested ordinance change will take a minimum
of 120 days to process from the time that an amendment is drafted. The actual time required to draft the amendment is
unknown due to the existing heavily impacted Planning Commission agendas and the requirement that the Architectural
Standards Committee (which cannot convene or meet until January 1999 due to the lack of staff for the Committee) review
the amendment, the process could be extended by an unknown amount of time and exceed over 180 staff hours. This
process may be extended since it is the Town's experience, that even the simplest amendment request, frequently grows
more complex as other issues are brought up during the public hearing process.
These staffing and time schedule estimates do not include environmental reviews which may be required by the project.
If environmental reviews are required, the time estimate could be extended an additional 60 days to prepare and Initial
Study and Negative Declaration. This will also increase required staffmg by approximately another 20 hours.
Additionally, it is the Town Council's current policy that the Town recover the full cost of providing services to property
owners or developers. The minimum deposit fee charged to applicants for a zoning ordinance amendment is $2,000.
CONCLUSION:
Accept the report and direct staff accordingly.
ENVIRONMENTAL ASSESSMENTS:
Initiating an ordinance amendment is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
The Planning Department estimates that preparing the requested amendment could exceed 180 hours of staff time and over
120 days to process after the draft text of the amendment is prepared. This amendment is not listed on the Town Council's
list of Planning Department assignments and will require the Council to modify the priority of other Council tasks, or
delaying the processing of development applications by two to four weeks without the authorization and funding of an
additional 180 hours of overtime for staff.
If staff is directed to draft this ordinance amendment, it will result in the need to increase the Planning Department's budget
and transfer approximately between $11,000-$14,000 in funds from the Town's Reserve for Economic Uncertainty to the
Planning Department budget, in order to cover the cost of drafting and processing the amendment. This estimated cost
includes:
• A minimum of 180 hours to prepare and process the amendment, (approximately $4,400-$8,000 depending on
the level and number of staff members assigned),
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: CONSIDER DIRECTING STAFF TO DRAFT NON-RESIDENTIAL FENCE HEIGHT
AMENDMENT
September 30, 1998
• A minimum of $200 to provide newspaper notices for one (1) Planning Commission and one (1) Town Council
meeting,
• A minimum of $500 to provide State mandated 300-foot mail notices for one (1) Planning Commission and one
(1) Town Council meeting,
• A minimum $1,000 for staff to prepare one (1) Planning Commission and one (1) Town Council Staff report,
• A minimum of $2,500 to retain the Environmental Consultant to prepare environmental reviews if required, and
• A minimum of $1,464 for the Development Review Committee Staff to review any required environmental
documentation.
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Town Council Minutes October 5, 1998
Redevelopment Agency Los Gatos, California
HEARINGS
EDELEN AVENUE PERMIT PARKING DISTRICT CONT.
Speakers Continued:
Lisle Cohen, 250 University Ave, speaking as a resident expressed her appreciation for the 24
hour parking district and noted the ease of parking for herself and guests. She asked that it not
be changed.
Phil Rhodes, 230 University Ave, appreciates the 24 hour parking for the residents.
Gayle, works at 314 University hair salon, and asked that businesses located on University be
given some consideration.
Dorothy Shaddock, 116 Town Terrace, noted that guest passes were available to the residents
of the district and there should be some reminders of that accommodation.
No one else from the audience addressed this issue.
Motion by Mrs. Lubeck, seconded by Mr. Hutchins, to have staff prepare a resolution which
allows businesses located in a preferential parking district to participate in that district. This
item will return to Council on October 19, 1998. Carried unanimously.
CONFLICT OF INTEREST CODE AMENDMENTS/PUBLIC HEARING (21.01)
Mayor Lubeck stated that this was the time and place duly noted to consider introduction of an
ordinance amending Town Conflict of Interest Code.
The Town Clerk read the Proposed Ordinance.
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, to waive the reading of the Proposed
Ordinance. Carried unanimously.
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council introduce Proposed Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING TOWN CONFLICT OF
INTEREST CODE (DIVISION 6 OF ARTICLE III OF CHAPTER 4) TO UPDATE
DESIGNATED POSITIONS. Carried unanimously.
FENCING IN NON-RESIDENTIAL ZONES (22.47)
Mayor Lubeck stated that this was the time and place duly noted to consider directing staff to
draft a Town Code Amendment amending Article V, Section 29.50.035, "Fencing in non-
residential zones", to allow fences or walls higher than three (3) feet in non-residential zones.
The following person addressed this issue:
Elizabeth Trevithick, 55 Church Street # 1203, representing First Church of Christ, Scientist,
asked that a determination be made on the permissible height of fencing for the church.
No one else from the audience addressed this issue.
Council Consensus to send this item back to staff to address the problem further and identify
an appropriate solution.
TC:D10:MM100598
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