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Item 20 Staff Report Consider 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), Zoning CCOUNCIL AGENDA REPORT DATE: September 8, 1998 TO: MAYOR AND TO LCOUNCI FROM: TOWN MANAGER SUBJECT: MEETING DATE: 9/21/98 ITEM NO. 2 O CONSIDER 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), ZONING CODE AMENDMENT A-98-04. APPLICANT: TOWN OF LOS GATOS RECOMMENDATION: 1. Open the Public Hearing; 2. Close the Public Hearing; 3. Direct Clerk to read the title; 4. Waive the reading; S. Make the finding that Zoning Ordinance Amendment A-98-04 is consistent with the General Plan; 6. Introduce the Ordinance (Exhibit A of Attachment 1) DISCUSSION: The building height amendments proposed were prepared to simplify Town Code definitions, which may appear unclear or have lead to confusion, and to allow the Town greater ability to minimize the bulk, scale and massing impacts of new construction on existing neighborhoods and in the hillside areas. The Planning Department has received comments regarding the visibility, bulk, scale and massing of approved projects which conform to the Town's existing regulations and design standards. These amendments would refine these regulations and standards, and would result in lower building profiles, reduced perceived building heights, reduced massing, and would encourage architects to design structures that fit a site's natural topography rather than impose rigid ill-fitting preconceived design on a particular site. The Planning Department has received requests for the Council to amend the Town Code to allow property owners the ability to erect higher fences to address unique wildlife/animal problems or special privacy impacts. The existing regulations currently allow only a six (6) foot fence to be erected on residential property lines, except for parcels abutting commercial uses, where an eight (8) foot fence may be erected with the consent of the majority of property owners. Additionally, residents have also complained that the Town does not regulate barbed wire or razor ribbon being placed on fences. PREPARED BY: LEE E. BOWMAN PLANNING DIREC Reviewed by: Pe-- Attorney Finance (Continued on Page 2) Revised: 9/8/98 12:22 pm Reformatted: 10/23/95 1 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: ZONING CODE AMENDMENT A-98-04 September 8, 1998 On June 24, 1998, the Planning Department presented the Architectural Standards Committee with draft Zoning Ordinance amendments to address these items. The Committee made a text change to the fence height amendment and recommend both amendments to the Planning Commission for adoption without additional revisions (See Exhibit C, Attachment 1). On August 26, 1998 the Planning Commission recommended approval of both amendments to the Town Council (See Attachment 3) ENVIRONMENTAL ASSESSMENTS: It has been determined that this project could not possibly have a significant impact on the environment; therefore, the project is not subject to the California Environmental Quality Act (Section 15061 (b)(3)). FISCAL IMPACT: None. Attachments: 1. Development Review Committee Report dated August 7, 1998 for the August 12, 1998 Planning Commission Meeting. 2. Development Review Committee Report dated August 20, 1998 for the August 26, 1998 Planning Commission Meeting. 3. Draft Minutes of the August 26, 1998 Planning Commission Meeting. 4. Height Definition Comparisons LEB: EO:sm N:1DEV\CNCLRPTSW-98-0004.TC Date: August 7. 1998 For Agenda Of: Agenda Item: REPORT TO: The Planning Commission FROM: Lee E. Bowman, Planning Director LOCATION: Zoning Ordinance Amendment A-98-04 FINDINGS: August 12. 1998 9 Public hearing to consider 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) APPLICANT: Town of Los Gatos • The Planning Commission must make a finding that the amendment is consistent with the General Plan, Hillside Specific Plan and the Downtown Specific Plan if their recommendation is for adoption. ACTION: Recommendation to Town Council. ENVIRONMENTAL It has been determined that this project could not possibly have a significant ASSESSMENT: impact on the environment; therefore, the project is not subject to the California Environmental Quality Act (Section 15061 (b)(3)). EXHIBITS: A. Draft Zoning Ordinance Amendment B. Illustration depicting impact of Height Amendment Revisions C. Architectural Standards Committee minutes from June 24, 1998 RECOMMENDATION SUMMARY: Recommend Zoning Ordinance Amendment A-98-4 to Town Council for adoption. A. DISCUSSION: Within the last few years, the Planning Department has received requests for the Town to amend its Zoning Ordinance to allow property owners the ability to erect higher fences to address unique wildlife/animal problems or special privacy impacts. Currently, the Town Code only allows a six (6) foot fence to be erected on a residential property lines, except for parcels abutting commercial uses, where an eight (8) foot fence may be erected with the consent of the majority of property owners. Additionally, residents have also complained that the Town does not regulate barbed wire or razor ribbon being placed on fences. The recommend height amendments were prepared to simplify Zoning Ordinance definitions, which may appear unclear or have lead to confusion, and to allow the Town greater ability to minimize the bulk, scale and massing impacts of new construction on existing neighborhoods and in the hillside areas. The Planning Department has received comments regarding the visibility, bulk, scale and massing of approved projects which conform to the Town's existing regulations and design standards. These amendments would refine these regulations and standards, and would result in lower building profiles, reduced perceived building heights, reduced massing, and would encourage architects to design structures that fit a site's natural topography rather than impose rigid preconceived design on a particular site. On June 24, 1998, the Planning Department presented the Architectural Standards Committee with draft Zoning Ordinance amendments to address these items. The Committee made a text change to the fence height amendment and recommend both amendments to the Planning Commission for adoption without additional revisions. ATTACHMENT 1 The Planning Commission - 2 Zoning Ordinance Amendment A-98-04 August 12, 1998 B. ARCHITECTURAL STANDARDS COMMITTEE RECOMMENDATION: On June 24, 1998, the Architectural Standards Plan Committee recommended this Zoning Ordinance Amendment to the Planning Commission (Exhibit C). The Committee members discussed the impacts of the proposed height amendment (Exhibit B) and how the text of the fence height amendment should be revised. The Committee agreed upon the wording as shown in the draft Zoning Ordinance amendment (Exhibit A). C. RECOMMENDATION: This Zoning Ordinance Amendment is consistent with the General Plan, Hillside Specific Plan, and Downtown Specific Plan. The Architectural Standards Committee recommends amendment adoption. The Planning Commission should therefore: 1. Find that the Amendment is consistent with the General Plan, Hillside Specific Plan and Downtown Specific Plan; and 2. Recommend Zoning Ordinance Amendment A-98-4 (Exhibit A) to the Town Council for adoption. Lee E. Bowman Planning Director Prepared by: Erwin Ordonez, Associate Planner LEB:EO:mdc cc: Steve Piasecki, 205 Johnson Avenue, Los Gatos, CA 95030 N:1DE1/1RE PORTS W-98-004 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. (fixnished) z eans the lowest paint of,elevatiOn of the top." of the>sub-floor ors finished fflund2ti0n siab as measured from finished grade, 'a known fixed reference eight;benchtyrarl , c r as: a k eight r eferenced from sea ilevel. Grade, (finished). -(gram evel) means the lowest point of ground elevationof the finished surface of the ground after any construction or grading activities (including, but not hinged to gut and fill of existing slopes) as measured from a.known ftxed:reference height benchrns.r) or as a height referenced froth ! sea level. shall be at the sitieyeati Grade, naiural means the lowest po nt.o ' ground' elevation of undisturbed>:soil as measured from. a known tixe reference height b enchmark or as a height referenced from sea level EXHIBIT A Height `he height of all stricttllres €ifil€ -4: `enees s i l h c� b the It b vertu ai distance from the.nalural or fin€shed.: <' . ' whichever .... .........:.... �...........�:'.::..:..:.:...:..:.::::::..:.:... .:..:.: _....:::�..,gritt%. is:l€iwer and creates a lower~ p 'file, to the uppermost point of the roof edge, wall , parapet, mansard, or other poitit 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 pointof the structure directly over that point in the existing natural grade. No point of the roof or other structural element within the exterior .pjegthigOr of the striz are shall extend beyond the plan a establ hed e maximum hei kit t as al lowed y s ection 29.10 090. Fence height shall be rttetred' from >fiiiished grade and shall<le nieasured<:frorn either side.of' the property, litle,whi.ch affords` affeoted,:property owners the most bufforip&from noise;:; light,' glare, or privacy i pae > twelve (12) or less), or to the deck line of a mansard roof, o 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 storyMee story building e1evatlons are 1 opprce Consery on .es:: 2 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 deettedtai a use intended for human>activity and is therefore not exempt f€am the maximum height restrictions of . 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. .Whcrc the shape ef a let (measured in theieneral difeetien ef the lot lines) is grcatcr than one (1) foot rise or Fail to sew (7) Feet of horizental distanee from the -street elevation at the by grading One -hiding exeavatietr) fer the building in question. The plane ia at an cicvation sct by 3 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. Barbedi>wire or razor ............................................................................................. l ibbon wire is prr lubtt to a ©nes> (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 (4) Properti snot<on a street corner, may have side yard and rear yard fences, hedges, or wails behind the front yard setback that are eight (8) feet high if the property owner can demonstrate to the satisfaction of the Nanning Directorthat j .......................... .... . folio eondttans exists: 4j ."speezal privacy concern exist that iiii is tlie: need for the r (gYr&ii height and that these concerns cannot be practieall. addressed by a drel landscaping or tree scree €tag tfien justification shall Abe provide tck:0#;NanOggiiipppartmentwhich docti tl€is the e i "' a may onit be approve the disetetkn. of t te< g i ;<rector• b) A special wildlife/animal problem aff6cts the property and me t ? e+ d for fibs ltx her ei t(8) footheightbeeatase iQ p tk4 lternatives exists to address the problem. Documented instances of wildlife grazing on gardens or domestic:landscapin. may b an example of such a problem_ FenoilithToposed.fotWitOi hillside areas shall be of an open design that does not detract from:the scenic nature or cbeter of the surrounding>arek 5 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 regular meeting of the Town Council of the Town of Los Gatos on , 1998. This 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:\DE VIORDS1A-98-04.ORD MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 6 ILLUSTRATION OF PROPOSED HEIGHT CODE AMENDMENTS EXISTING MEASUREMENT METHOD FINISHED GRADE (NON -SLOPING LOT), NATURAL GRADE (SLOPING LOT) FINISHED GRADE (NON -SLOPING LOT), NATURAL GRADE (SLOPING LOT) FINISHED GRADE (NON -SLOPING LOT), NATURAL GRADE (SLOPING LOT) BUILDING HEIGHT EXHIBIT B ILLUSTRATION OF PROPOSED HEIGHT CODE AMENDMENTS PROPOSED MEASUREMENT METHOD 312IGST MEASDRURNT DIAGRAM xcevated Grade EXcAVATiom Finish Grade (NoN- CELLAt) TOWN OF LOS GATOS 110 East Main Street, Los Gatos, CA 95032 (408) 354-6872 SUMMARY MINUTES OF A REGULAR MEETING OF THE ARCHITECTURAL STANDARDS COMMITTEE OF THE TOWN OF LOS GATOS FOR JUNE 24, 1998 HELD IN THE TOWN COUNCIL CHAMBERS, CIVIC CENTER, 110 EAST MAIN STREET, LOS GATOS, CALIFORNIA. The meeting was scheduled at 5:00 P.M. ATTENDANCE Members Present: Laura Nachison Leonard Pacheco Dennis Burrow Members Absent: Others Present: Marcia Jensen (excused) None Staff Present: Kristine Syskowski, Assistant Planner; Erwin Ordonez, Assistant Planner ITEM 1 Discuss Height Pole and Netting Policy (referred from Planning Commission 5/13/98) Policy support letter from Lois Sklar (received 6/24/98) submitted to Committee for the record. • Exception clause added to the revised policy on a case by case basis to be made to the Planning Director's satisfaction. • Key issues include height and mass demonstrated with poles. • Minor revisions made to "height pole instructions". Return to Planning Commission 7/22/98 (other business) with Committee recommendation that Planning Commission adopt revised policy. ITEM 2 Discuss Proposed Fence and Height Definition Ordinance Amendments Letter from Audrey Van Bellegham (received 6/23/98) submitted to Committee in support of fence height amendment. Revision made to 29.40.030 4(a) to remove pool and spa language and add written justification requirement, to Planning Director's discretion. Committee recommended amendments to Planning Commission for adoption without additional revisions. (Planning Commission meeting 8/12/98) ITEM 3 Adopt Resolution establishing a new time for regular meetings Resolution adopted and signed. ITEM 4 The meeting was adjourned at 6:50 P.M. (The next regularly scheduled meeting is July 22, 1998.) Prepared by: Kristine Syskowski, A istant Planner cc: Planning Commission Chair MC1-A MINUTESlASC6-24.min EXHIBIT C Date: August 20, 1998 For Agenda Of: August 26, 1998 Agenda Item: 6 REPORT TO: The Planning Commission FROM: Lee E. Bowman, Planning Director LOCATION: Zoning Ordinance Amendment A-98-04 FINDINGS: Public hearing to consider 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) APPLICANT: Town of Los Gatos ■ The Planning Commission must make a finding that the amendment is consistent with the General Plan, Hillside Specific Plan and the Downtown Specific Plan if their recommendation is for adoption. ACTION: Recommendation to Town Council. ENVIRONMENTAL It has been determined that this project could not possibly have a significant ASSESSMENT: impact on the environment; therefore, the project is not subject to the California Environmental Quality Act (Section 15061 (b)(3)). EXHIBITS: A.-C. Previously submitted • Draft Zoning Ordinance Amendment (Exhibit A) • Illustration depicting impact of Height Amendment Revisions (Exhibit B) • Architectural Standards Committee minutes from June 24, 1998 (Exhibit C) D. Additional illustrations depicting impact of Height Amendment Revisions RECOMMENDATION SUMMARY: Recommend Zoning Ordinance AmendmentA-98-4 to Town Council for adoption. A. DISCUSSION: On August 12, 1998, the Planning Commission continued this matter to its August 26, 1998 meeting due to time constraints with it agenda. Subsequently, a member of the Commission asked the Planning Department to prepare additional illustrations depicting the proposed height definition amendments. Staff has prepared additional illustrations as requested (See Exhibit D). B. RECOMMENDATION: This Zoning Ordinance Amendment is consistent with the General Plan, Hillside Specific Plan, and Downtown Specific Plan. The Architectural Standards Committee recommends amendment adoption. The Planning Commission should therefore: ATTACHMENT 2 The Planning Commission - k.. Zoning Ordinance Amendment A-98-04 August 26, 1998 1. Find that the Amendment is consistent with the General Plan, Hillside Specific Plan and Downtown Specific Plan; and 2. Recommend Zoning Ordinance Amendment A-98-4 (Exhibit A) to the Town Council for adoption. Lee E. Bowman Planning Director Prepared by: Erwin Ordonez, Associate Planner LEB:EO:sm cc: Steve Piasecki, 205 Johnson Avenue, Los Gatos, CA 95030 N :1D E VAR E P O RTS W-98-04.2 EXISTING GRADE EXISTING_ j�, GRADE MAX. HT. BASED -Results in ON NEW DEFINITION Lower profile Less bulk 30'-0" Ht. 30'•0" HL r_� ti I• 30 -0 HL MAX. HT. BASED ON EXISTING DEFINITION ALL i Ii 30=0" HL • i.p / • • 1 Sid /i !NI .11 30'-0" Ht. 4 EXHIBIT 0 30:0' lit. C ✓. 30.-0" Nt. ''LC rNs ( • ri EXISTING GRADE MAX. HT. BASED ON NEW DEFINITION -Maintains ability for properly owner to have cellar and encourages lower profile building. `_ fu cr nc (IIIIIIIIIIIIIIIItIIlllll rl MAX. HT. BASED ON EXISTING DEFINITION 1ci•� (; • DRAFT Los Gatos Planning Commission August 26, 1998 mirrors California State Law. Commissioner Jensen stated that the Commission has granted variance in the past which allow houses inside set -backs so there is a conforming appearance to the street frontage. Mr. Bowman explained that this occurs when there is a street with non -conforming set -backs and a new house can be built with the same non -conforming set -backs for consistency. Mr. Bowman explained that this is allowed by Ordinance and a variance is not required. Commissioner Jensen stated that South Kennedy has a certain look and the homes are back from the street and unobtrusive. Ms. Jensen stated that the Town always considers what the neighbors want, whether things are screened, and how it looks with the neighborhood. Ms. Jensen is concerned that these things can not be considered now and that the Town Council will not have the discretion to consider them. Ms. Jensen gave multiple examples of other considerations and questioned why they can not apply in this case. Mr. Bowman explained that the variance for this application is not with the front set -back and the Town requires greater set -backs on larger lots. Ms. Belden stated she would like to pursue this with the Civil Engineer and find out if moving the garage creates any hardship which might produce natural run off into the garage. Chair Decker stated that a garage is not required in this area so there are two options 1) to move it so it is out of the set -back and 2) remove the garage altogether and, since there are two other options, finding a hardship is difficult. There was no one else to speak to this matter. Chair Decker closed the Public Hearing. Motion by Commissioner Jensen, seconded by Chair Decker, to return 16360 S. Kennedy Road/V-98-04/PRJ-98-049 to DRC in order to explore different design issues with the garage and to allow the applicant to address the drainage concerns with their Civil Engineer and return to the Planning Commission with either an alternative design or expanded information regarding the configuration and engineering for the lot that would assist in making the findings required for a variance. If the alternative design or alternative location does not require a variance, the application will not return to the Planning Commission. This application is continued to October 14,1998. COMMISSION COMMENTS Commissioner Pirzynski will support the motion because he feels the neighbors, the applicant, and the Architect have come together to try to make something work for this environment. Mr. Pirzynski feels the applicant should have a chance to work it through one more time. However, he feels, on face value, it should be denied because findings can not be made for a variance. Conunissioner Pacheco suggested an alternative location. Carried unanimously. Commissioner Morgan absent. ZONING CODE AMENDMENT A-98-04. (00.06) Public hearing to consider 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). APPLICANT: Town of Los Gatos. continued from August 12,1998. 27 ATTACHMENT 3 DRAFT Los r-tos Planning Commission August 26, 1998 There was no one in the audience to speak to this matter. Chair Decker closed the Public Hearing. Commissioner Jensen stated that the Architectural Standards Committee reviewed the amendment and recommends the changes with the amended illustrations. Chair Decker questioned the cellar height. Commissioner Jensen stated that if the structure went under there would be an exemption from the living space for the height requirement. Motion by Commissioner Nachison, seconded by Chair Decker to recommend Zoning Ordinance Amendment A-98-04 to the Town Council with the following findings: FINDINGS The Planning Commission fmds that the amendment is consistent with the General Plan, Hillside Specific Plan and the Downtown Specific Plan because this new Ordinance, and the mariner in which it is measured, will reduce size, scale, bulk, and make the buildings less obtrusive in the Hillside yet allow for the same living space and, the Ordinance goes a long way in helping to reduce the height of houses so that the ridgeline is protected and grading is minimized. The same considerations apply to the Downtown Specific Plan COMMISSION COMMENTS Commissioner Jensen explained that the Architectural Standards Committee is currently working on the Hillside Specific Plan and some of the things the Committee is addressing is trying to require building and site design that make houses conform, as much as possible, to the topography and not project above the ridgeline. Ms. Jensen stated that they also want to see the homes step down the hillside and this Zoning Ordinance encourages all of these things. Carried unanimously. Commissioner Morgan absent. NEW PUBLIC HEARINGS Chair Decker announced that there were no new Public Hearings on tonight's agenda. NEW OTHER BUSINESS Sub -Committee Reports (00.09) 28 -2 T EXISTING_„ GRADE EXIST1NG3y GRADE Max. Ht Limit Based on 30-0" Nt� Existing Definition 30'.0' Ht Cu 30'-0" HL ET'"? -Results in Lower profile Less bulk s;. r r444 MAX. HT. BASED ON FILL NEW DEFINITION 30 =0" Ht 30-0' Ht. 30 -0' Ht. CL►T MAX, HT. BASED ON ALL EXISTING DEFINITION 30 -0" Ht. 30 =0" Ht e The New Height Definitions will measure an Absolute Building Height from Existing Grade or Finished Grade, whichever creates a Lower Building Profile. ■ The Existing Height Definitions measure building height from Natural Grade. ATTACHMENT 4 Town Council Minutes September 21, 1998 Redevelopment Agency Los Gatos, California HEARINGS CONTINUED HERNANDEZ AVENUE 55/HISTORIC DESIGNATION/CONT. There was no one in the audience to speak to this item. Motion by Mr. Attaway, seconded by Mrs. Lubeck, to close the public hearing. Carried unanimously. Motion by Mr. Attaway, seconded by Mr. Blanton, to find that the zone change is consistent with the General Plan. Carried unanimously. The Sr. Deputy Town Clerk read the Title of the Proposed Ordinance. Motion by Mrs. Benjamin, seconded by Mr. Attaway, to waive the reading of the Proposed Ordinance. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council introduce Proposed Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS DESIGNATING 55 HERNANDEZ AVENUE AS HISTORICALLY AND CULTURALLY SIGNIFICANT. Carried unanimously. ZONING CODE AMENDMENT A-98-04/HEIGHT & GRADE DEFINED ORDINANCE INTRODUCTION/FENCES, HEDGES & WALLS (20.46) Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider 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), Zoning Code Amendment A-98-04. Applicant: Town of Los Gatos There was no one in the audience to speak to this item. Motion by Mrs. Benjamin, seconded by Mr. Blanton, to close the public hearing. Carried unanimously. The Sr. Deputy Town Clerk read the Title of the Proposed Ordinance. Motion by Mrs. Benjamin, seconded by Mr. Hutchins, to waive the reading of the Proposed Ordinance. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Hutchins, to find that Zoning Ordinance Amendment A-98-04 is consistent with the General Plan. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council introduce Proposed Ordinance 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). Carried unanimously. TC: D10: MM092198 7