Item 12 Staff Report Adopt Ordinance Amending Town Code Section 29.10.020 (Definitions for Finished Floor, Finished Grade, Natural Grade, and Height), Section 29.10.090 (Height Restriction, Exceptions); and Section 29.40.030 (Fences, Hedges, and Walls), ZMEETING DATE: 10/5/98
ITEM NO.
COUNCIL AGENDA REPORT
DATE: September 22, 1998
TO: MAYOR AND TOWN COUNCIL
FROM: ORRY P. KORB, ESQ. TOWN ATTORNEY/
SUBJECT: ADOPT ORDINANCE AMENDING TOWN CODE SECTION 29.10.020 (DEFINITIONS FOR
FINISHED FLOOR, FINISHED GRADE, NATURAL GRADE, AND HEIGHT), SECTION
29.10.090 (HEIGHT RESTRICTION, EXCEPTIONS); AND SECTION 29.40.030 (FENCES,
HEDGES AND WALLS)
RECOMMENDATION:
1. Adopt ordinance that was introduced at the Council meeting of September 21, 1998.
2. Instruct the Clerk to either:
(a) publish the ordinance within 15 days after adoption, or
(b) publish a summary no more than 15 days after adoption (if summary published before
adoption).
DISCUSSION:
On September 21, 1998 the Council introduced Attachment 1, which amends Chapter 29., sections 29.10.020, 29.10.090
and 29.40.030.
FISCAL IMPACT
None.
Attachments: 1. Ordinance amending Chapter 29
OPK:LMB/wp
N:1ATY\TC29AMEN.TCR
PREPARED BY: ORRY P. KORB, ESQ., TOWN ATTORNEY
Reviewed by: AsX.Manager Finance Revised: 9/22/98 12:11 pm
Reformatted: 10/23/95 File# 301-05
ORDINANCE
AN ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING TOWN CODE SECTION 29.10.020 (DEFINITIONS FOR FINISHED
FLOOR, FINISHED GRADE, NATURAL GRADE, AND HEIGHT), SECTION 29.10.090
(HEIGHT RESTRICTION, EXCEPTIONS); AND SECTION 29.40.030 (FENCES,
HEDGES AND WALLS)
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS :
SECTION I
Town Code Chapter 29 shall be amend as follows:
Sec. 29.10.020. Definitions.
Floor, (finished) means the lowest point of elevation of the top of the sub -floor or finished
foundation slab as measured from finished grade, a known fixed reference height benchmark, or as
a height referenced from sea level.
Grade, (finished) means the lowest point of ground elevation of the finished surface of the
ground after any construction or grading activities (including, but not limited to cut and fill of
existing slopes) as measured from a known fixed reference height benchmark or as a height
referenced from sea level.
Grade, (natural) means the lowest point of ground elevation of undisturbed soil as measured
from a known fixed reference height benchmark or as a height referenced from sea level.
Height. The height of all structures, excluding fences, shall be determined by the plumb
vertical distance from the natural or finished grade, whichever is lower and creates a lower profile,
1
to the uppermost point of the roof edge, wall, parapet, mansard, or other point directly above that
grade. For portions of a structure located directly above a cellar, the height measurement for that
portion of the structure shall be measured as the plumb vertical distance from the existing natural
grade to the uppermost point of the structure directly over that point in the existing natural grade.
No point of the roof or other structural element within the exterior perimeter of the structure shall
extend beyond the plane established by the maximum height plane except as allowed by Section
29.10.090.
Fence height shall be measured from finished grade and shall be measured from either side
of the property line which affords affected property owners the most buffering from noise, light,
glare, or privacy impacts.
Story means that portion of a building included between the upper surface of any floor and
the upper surface of the floor next above, except that the topmost story shall be that portion of a
building included between the upper surface of the topmost floor and the ceiling or roof above. If
the finished floor level directly above a basement or cellar is more than six (6) feet above grade, such
basement or cellar shall be considered a story. Three story building elevations are prohibited in
Hillside Residential and Resource Conservation zones.
Sec. 29.10.090. Height restriction, exception.
Towers, spires, elevator and mechanical penthouses, cupolas, similar structures and necessary
mechanical appurtenances which are not used for human activity or storage may be higher than the
maximum height permitted by the zone. The use of tower elements or similar structures to provide
higher ceiling heights for habitable space shall be deemed as a use intended for human activity and
is therefore not exempt from the maximum height restrictions of a zone.
2
Sec. 29.40.015. Accessory buildings.
(1) Are not over fifteen (15) feet high and are no more than one (1) story. Lofts which do not
have sufficient headroom for occupancy are permitted for storage use only.
Sec. 29.40.030. Fences, hedges and walls.
(a) In residential zones, fences, hedges, and walls not over six (6) feet high are allowed on
or within all property lines, except that no owner or occupant of any corner lot or premises in the
Town shall erect or maintain upon such lot or premises any fence, hedge or wall higher than three
(3) feet above the curb in a traffic view area unless a permit is secured from the Town Engineer. A
traffic view area is the area which is within fifteen (15) feet of a public street and within two hundred
(200) feet of the right-of-way line of an intersection. Barbed wire or razor Ribbon wire is prohibited
in all zones.
(b) The following exceptions shall apply:
(1) Properties within historic districts or have a Landmark and Historic Preservation
Overlay shall not have fences, hedges, and walls higher than three (3) feet in a front
yard except as provided in subsection 29.40.030(b)(2). Any fence, hedge or wall
erected in a front yard shall be of open design.
(2) Gateways or entryway arbors may be higher than six (6) feet in any zone including
historic districts and shall be of open design but in no case shall a gateway or
entryway arbor be higher than eight (8) feet, have a width greater than six (6) feet, or
have a depth greater than four (4) feet. All gateways and entryway arbors shall be
constructed of open design. No more than one (1) gateway or entry arbor per street
frontage is allowed.
3
(3) 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 residential property owners.
(4) Properties not on a street corner, may have side yard and rear yard fences, hedges, or
walls behind the front yard setback that are eight (8) feet high if the property owner
can demonstrate to the satisfaction of the Planning Director that the following
conditions exists:
a) A special privacy concern exists that merits the need for the eight (8) foot
height and that these concerns cannot be practically addressed by additional
landscaping or tree screening. Written justification shall be provide to the
Planning Department which documents the special privacy concern, and the
higher fence height may only be approved at the discretion of the Planning
Director.
b) A special wildlife/animal problem affects the property and merits the need for
the higher eight (8) foot height because no practical alternatives exists to
address the problem. Documented instances of wildlife grazing on gardens
or domestic landscaping may be an example of such a problem. Fencing
proposed for rural or hillside areas shall be of an open design that does not
detract from the scenic nature or character of the surrounding area.
SECTION II
This ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on and adopted by the following vote as an ordinance of the Town of Los Gatos at a
4
regular meeting of the Town Council of the Town of Los Gatos on
ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:1ATY\TC29AMEN.ORD
, 1998. This
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
5
INTERNAL TRACKING
DEPTMENT:
AGENDA ITEM: I -'
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LIST IN BOOK
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ON DISC OR SHARE. FORM SENT TO DEPT.
PUBLISH IF REQUIRED - Date
ORDINANCES ONLY
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WHEN SIGNATURE AND /s/ COPY
LIST ON SIGNATURE TRACKING
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NO.of COPIES:
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PROOF OF MAILING PREPARED
SIGN BY CLERK/SEAL
ENTER INTO ECM ORDINANCE/RESOLUTION
FILE
FILE IN VAULT
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CODIFICATION IF ORDINANCE
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OFFICE OF THE TOWN CLERK
ORDINANCES & RESOLUTIONS
ORIGINATING DEPT:
COUNCIL AGENDA DATE:
COUNCIL AGENDA ITEM:
SUBJECT:
Number:
Date of Adopt:
M/ShLLhL
06b-?Itoscici( r�
RESOLUTION
PUBLICATION REQUIRED;
COUNCIL ACTION:
AYES:
NAYS:
ABSENT:
ABSTAIN:
(?fi c 114
COUNCIL MEMBERS NAMES:
Number:
Date of Intro:
Date of Adopt:
ZONE CHANGE:
Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins,
Mayor(or Chairman) LINDA LUBECK
ORDINANCE
i_qy3
ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK
BY WEDNESDAY AT 12 NOON.
ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION
TC:07: RESOARD
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OFFICE OF THE TOWN CLERK
ORDINANCES & RESOLUTIONS
ORIGINATING DEPT:
COUNCIL AGENDA DATE:
COUNCIL AGENDA ITEM:
SUBJECT:
Number:
Date of Adopt:
IZ
RESOLUTION
PUBLICATION REQUIREDt
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ORDINANCE
* �"1 Number:
Date of Intro:
Date of Adopt: 10- C 9
ZONE CHANGE:
COUNCIL ACTION:
AYES:
NAYS:4\-1U511
ABSENT:
ABSTAIN:
COUNCIL MEMBERS NAMES:
Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins,
Mayor(or Chairman) LINDA LUBECK
ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK
BY WEDNESDAY AT 12 NOQN.
ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION
TC:07:RESO.ORD
ORDINANCE 2049
AN ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING TOWN CODE SECTION 29.10.020 (DEFINITIONS FOR FINISHED
FLOOR, FINISHED GRADE, NATURAL GRADE, AND HEIGHT), SECTION 29.10.090
(HEIGHT RESTRICTION, EXCEPTIONS); AND SECTION 29.40.030 (FENCES,
HEDGES AND WALLS)
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Town Code Chapter 29 shall be amend as follows:
Sec. 29.10.020. Definitions.
Floor, finished) means the lowest point of elevation of the top of the sub -floor or finished
foundation slab as measured from finished grade, a known fixed reference height benchmark, or as
a height referenced from sea level.
Grade, (nished) means the lowest point of ground elevation of the finished surface of the
ground after any construction or grading activities (including, but not limited to cut and fill of
existing slopes) as measured from a known fixed reference height benchmark or as a height
referenced from sea level.
Grade, (natural) means the lowest point of ground elevation of undisturbed soil as measured
from a known fixed reference height benchmark or as a height referenced from sea level.
Height. The height of all structures, excluding fences, shall be determined by the plumb
vertical distance from the natural or finished grade, whichever is lower and creates a lower profile,
to the uppermost point of the roof edge, wall, parapet, mansard, or other point directly above that
grade. For portions of a structure located directly above a cellar, the height measurement for that
portion of the structure shall be measured as the plumb vertical distance from the existing natural
grade to the uppermost point of the structure directly over that point in the existing natural grade.
No point of the roof or other structural element within the exterior perimeter of the structure shall
extend beyond the plane established by the maximum height plane except as allowed by Section
29.10.090.
Fence height shall be measured from finished grade and shall be measured from either side
of the property line which affords affected property owners the most buffering from noise, light,
glare, or privacy impacts.
Story means that portion of a building included between the upper surface of any floor and
the upper surface of the floor next above, except that the topmost story shall be that portion of a
building included between the upper surface of the topmost floor and the ceiling or roof above. If
the finished floor level directly above a basement or cellar is more than six (6) feet above grade, such
basement or cellar shall be considered a story. Three story building elevations are prohibited in
Hillside Residential and Resource Conservation zones.
Sec. 29.10.090. Height restriction, exception.
Towers, spires, elevator and mechanical penthouses, cupolas, similar structures and necessary
mechanical appurtenances which are not used for human activity or storage may be higher than the
maximum height permitted by the zone. The use of tower elements or similar structures to provide
higher ceiling heights for habitable space shall be deemed as a use intended for human activity and
is therefore not exempt from the maximum height restrictions of a zone.
Sec. 29.40.015. Accessory buildings.
(1) Are not over fifteen (15) feet high and are no more than one (1) story. Lofts which do not
have sufficient headroom for occupancy are permitted for storage use only.
Sec. 29.40.030. Fences, hedges and walls.
(a) In residential zones, fences, hedges, and walls not over six (6) feet high are allowed on
or within all property lines, except that no owner or occupant of any corner lot or premises in the
Town shall erect or maintain upon such lot or premises any fence, hedge or wall higher than three
(3) feet above the curb in a traffic view area unless a permit is secured from the Town Engineer. A
traffic view area is the area which is within fifteen (15) feet of a public street and within two hundred
(200) feet of the right-of-way line of an intersection. Barbed wire or razor Ribbon wire is prohibited
in all zones.
(b) The following exceptions shall apply:
(1) Properties within historic districts or have a Landmark and Historic Preservation
Overlay shall not have fences, hedges, and walls higher than three (3) feet in a front
yard except as provided in subsection 29.40.030(b)(2). Any fence, hedge or wall
erected in a front yard shall be of open design.
(2) Gateways or entryway arbors may be higher than six (6) feet in any zone including
historic districts and shall be of open design but in no case shall a gateway or
entryway arbor be higher than eight (8) feet, have a width greater than six (6) feet, or
have a depth greater than four (4) feet. All gateways and entryway arbors shall be
constructed of open design. No more than one (1) gateway or entry arbor per street
frontage is allowed.
(3)
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 residential property owners.
(4) Properties not on a street comer, may have side yard and rear yard fences, hedges, or
walls behind the front yard setback that are eight (8) feet high if the property owner
can demonstrate to the satisfaction of the Planning Director that the following
conditions exists:
a) A special privacy concern exists that merits the need for the eight (8) foot
height and that these concerns cannot be practically addressed by additional
landscaping or tree screening. Written justification shall be provide to the
Planning Department which documents the special privacy concern, and the
higher fence height may only be approved at the discretion of the Planning
Director.
b) A special wildlife/animal problem affects the property and merits the need for
the higher eight (8) foot height because no practical alternatives exists to
address the problem. Documented instances of wildlife grazing on gardens
or domestic landscaping may be an example of such a problem. Fencing
proposed for rural or hillside areas shall be of an open design that does not
detract from the scenic nature or character of the surrounding area.
SECTION II
This ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on September 21, 1998 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 October 5,
1998. This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins
Mayor Linda Lubeck
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: /s/Linda Lubeck
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Town Council Minutes October 5, 1998
Redevelopment Agency Los Gatos, California
TREASURER'S REPORT (06.V)
Informational report submitted by the Treasurer to the Council as of August 31, 1998, was
received and filed.
NON -SALEABLE LIBRARY MATERIALS DONATIONS/RESOLUTION 1998-157 (07.44)
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-157
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE LIBRARY
DIRECTOR TO DISPOSE OF WITHDRAWN LIBRARY MATERIALS WHICH CANNOT BE
SOLD IN THE FRIENDS' USED BOOK SALES BY GIVING THESE MATERIALS TO THE
SALVATION ARMY OR ANY OTHER NON-PROFIT ORGANIZATION WILLING TO
COLLECT THEM. Carried unanimously.
KNOWLES AND CAPRI/TRAFFIC SIGNAL/PRJ 9916/RESOLUTION 1998-158 (08.35)
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-158
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND
SPECIFICATIONS FOR PROJECT 9916 - SIGNAL AT KNOWLES AND CAPRI, Carried
unanimously.
TREE PRUNING AND REMOVAL/PROJECT 9927/RESOLUTION 1998-159 (09.35)
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-159
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING SPECIFICATIONS
FOR PROJECT 9927 - TREE PRUNING AND REMOVAL, Carried unanimously.
LOS GATOS BOULEVARD 15643/COMPLETION NOTICE/RESOLUTION 1998-160 (11.09)
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-160
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF TOM LUM
AND FRANK CHIN DEVELOPERS, 15643 LOS GATOS BOULEVARD AND AUTHORIZING
THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF
COMPLETION FOR RECORDING BY TOWN CLERK. Carried unanimously.
TOWN CODE DEFINITIONS/FINISHED FLOOR/FINISHED GRADE/NATURAL GRADE
HEIGHT/HEIGHT RESTRICTIONS/EXCEPTIONS/FENCES/HEDGES/WALLS
TOWN CODE SECTIONS 29.10.020, 29.10.090, 29.40.030/ORDINANCE 2049 (12.46)
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Ordinance 2049
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING TOWN CODE
SECTION 29.10.020 (DEFINITIONS FOR FINISHED FLOOR. FINISHED GRADE. NATURAL
GRADE. AND HEIGHT). SECTION 29.10.090 (HEIGHT RESTRICTION, EXCEPTIONS);
AND SECTION 29.40.030 (FENCES. HEDGES AND WALLS, which was introduced at the
Council meeting of September 21, 1998. Carried unanimously.
HERNANDEZ AVENUE 55/LANDMARK HISTORIC PRESERVATION/ORDINANCE 2050 (13.09)
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Ordinance 2050
entitled, ORDINANCE OF THE TOWN OF LOS GATOS DESIGNATING 55 HERNANDEZ
AVENUE AS HISTORICALLY AND CULTURALLY SIGNIFICANT, which was introduced at
the Council meeting of September 21, 1998. Carried unanimously.
TC:D10:MM100598
2