Staff Report
PREPARED BY: SEAN MULLIN, AICP
Associate Planner
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Community Development
Department Director, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 10/16/2018
ITEM NO: 9
DATE: OCTOBER 11, 2018
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: TOWN CODE AMENDMENT APPLICATION A-17-002. PROJECT LOCATION:
TOWN WIDE. APPLICANT: TOWN OF LOS GATOS.
CONSIDER AMENDMENTS TO CHAPTER 6 (BUILDINGS AND BUILDING
REGULATIONS) AND CHAPTER 29 (ZONING REGULATIONS) OF THE TOWN
CODE REGARDING FENCES, HEDGES, AND WALLS.
RECOMMENDATION:
Consider the proposed amendments and introduce the draft Ordinance by title only to amend
Chapter 6 (Buildings and Building Regulations) and Chapter 29 (Zoning Regulations) of the Town
Code regarding fences, hedges, and walls (Attachment 14).
BACKGROUND:
On December 5, 2017, the Town Council considered a draft Ordinance (Attachment 7) for
changes to the Town Code regarding fences, hedges, and walls. During public testimony,
community member David Weissman suggested alternative Ordinance language addressing
concerns heard from the Council and the public. The Council discussed the draft Ordinance and
the alternative language. Following the discussion, the Council continued the matter to a date
uncertain pending the outcome of the Strategic Priorities session, including the prioritization of
this ordinance and consideration of a Wildlife Corridor Study; and to evaluate input from
Council and the public to determine if a compromise is possible.
On February 20, 2018, the Town Council adopted Strategic Priorities for 2018 – 2020, which
included continuing work on Strategic Priorities that were already in progress, including fences
in the hillside area. A Wildlife Corridor Study was not included as a Strategic Priority.
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SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING FENCES, HEDGES,
AND WALLS/A-17-002
OCTOBER 11, 2018
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BACKGROUND (continued):
Since the Town Council meetings of December 5, 2017, and February 20, 2018, staff has been in
an iterative process with multiple members of the public. On December 31, 2017, Dr.
Weissman submitted revised Ordinance language to staff in response to the feedback received
from the Council. In January and May of 2018, staff met with Dr. Weissman and Peter
Donnelly, a community member who had expressed concern with the draft Ordinance
presented to the Council on December 5, 2017. Additionally, staff reviewed and provided
feedback on four drafts of revised Ordinance language proposed by community members
through July 2018. The staff recommended draft Ordinance is included as Attachment 14.
DISCUSSION:
A. Public Outreach
Staff reached out to the following organizations and requested input on the current draft
Ordinance:
• Santa Clara Valley Chapter of the American Institute of Architects (AIASCV)
• Santa Clara County Association of Realtors (SCCAR)
• Silicon Valley Association of Realtors (SILVAR)
In addition to reaching out to professional organizations, staff requested public input
through the following media and social media resources:
• An eighth-page public notice in the newspaper;
• A poster posted at the Planning counter at Town Hall;
• On the Town’s website home page, What’s New;
• On the Town’s Facebook page;
• On the Town’s Twitter account;
• On the Town’s Instagram account; and
• On the Town’s NextDoor page.
B. Components of the Draft Ordinance
To meet the objectives identified during the January 31, 2017 Town Council Strategic
Priority Setting Session (Attachments 9 and 10) and to address comments from the Council
and the community, the draft Ordinance includes the following provisions:
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SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING FENCES, HEDGES,
AND WALLS/A-17-002
OCTOBER 11, 2018
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DISCUSSION (continued):
1. Divides the Town into two areas – Hillside and Non-Hillside Areas
The draft Ordinance continues to recognize that the use of fencing can have different
impacts depending on a property’s location in the Town. As such, the draft Ordinance
divides the Town into two areas: non-hillside areas, where regulations are consistent
with the existing ordinance; and hillside areas, where regulations address concerns
regarding wildlife movement.
2. Purpose and Intent Section
The draft Ordinance introduces a Purpose and Intent section reflecting language
contained in the Hillside Development Standards and Guidelines (HDS&G).
3. Definitions Section
The draft Ordinance introduces a Definitions section that provides a clear description of
terms used within the draft Ordinance.
4. Non-Hillside Areas
Within the draft Ordinance, the regulations governing fences, hedges, and walls in the
non-hillside areas remain consistent with the existing Ordinance. The only proposed
changes are to allow a maximum fence height of up to six feet, with one foot of lattice,
for a maximum fence height of seven feet; and to provide regulations regarding vehicle
gates. These changes are discussed in detail below.
a. Non-Hillside Fence Height
In addition to public input on the draft Ordinance, the Planning Commission
received input from a community member, David Klinger, requesting that the
maximum fence height allowed without an exception on non-hillside properties be
increased from six feet to seven feet (Attachment 3, Exhibit 10, email dated August
30, 2017; Attachment 6, pages 64-65). Mr. Klinger expressed concern that the
current maximum fence height of six feet does not reflect what is being built on
non-hillside properties or regulations in neighboring communities. Mr. Klinger
suggested that the maximum fence height without an exception be increased to
six-feet with one foot of lattice on top, up to a maximum fence height of seven
feet. This increase would reconcile many existing nonconforming fences and
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SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING FENCES, HEDGES,
AND WALLS/A-17-002
OCTOBER 11, 2018
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DISCUSSION (continued):
would be reflective of the community comments that seven-foot tall fences are
desirable.
The Planning Commission discussed the matter and was supportive of Mr. Klinger’s
request for this revision to the Town Code (Attachment 6, pages 82 -88). Based on the
Planning Commission’s support, staff has included this change in the draft Ordinance
[Attachment 14, Section 29.40.033(a)]. This change applies only to non-hillside
properties and would not apply to hillside properties. This change eliminates the need
for a fence height exception for fences exceeding a height of six feet. Additionally,
Section 6.150.050 of the Town Code currently requires a Building Permit for fences
exceeding six feet; however, the California Residential Code only requires a Building
Permit for fences exceeding seven feet. Staff recommends elimination of Section
6.150.050 of the Town Code, defaulting permit requirements to the California
Residential Code and reflecting the change to allow a maximum fence height of seven
feet without a Building Permit.
b. Vehicular Gates
The draft Ordinance includes setback requirements for new vehicular gates.
Currently, the HDS&G requires a setback of 25 feet for a vehicular gate and the
Town Code is silent regarding setback requirements. Section 29.10.155(c)(7)
requires that the length of driveways serving a garage with a sliding or
overhead door be a minimum of 18 feet, with the intent of allowing ample
queuing space for a vehicle while not impeding traffic on the adjacent
roadway. For this reason, staff has used this standard as the required setback
for a vehicular gate. Including this requirement in the draft Ordinance creates
setback requirements for vehicular gates. This requirement is listed in both
the hillside and non-hillside sections of the draft Ordinance.
5. Hillside Area
The draft Ordinance separates hillside properties into two zones: the unregulated
fence area and the regulated fence area. Under the draft Ordinance, all fencing in the
regulated fence area would require a Planning permit.
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SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING FENCES, HEDGES,
AND WALLS/A-17-002
OCTOBER 11, 2018
S:\COUNCIL REPORTS\2018\10-16-18 Closed Session\09 Fence Ordinance\Staff Report.docx
DISCUSSION (continued):
a. Unregulated Fence Area
The draft Ordinance defines the unregulated fence area as the area of a parcel
between the primary residence and the regulated fence area. The unregulated
fence area plus the regulated fence area constitutes the entire parcel. For lots in
the hillside area that are less than or equal to one (1) acre, the unregulated fence
area extends to the property line (Attachment 15). For parcels greater than one
acre, the unregulated fence area is defined as the area of a parcel excluding the
regulated fence area, which is discussed in detail below. New fences or changes to
existing fences in the unregulated fence area do not require a permit and are
subject to the regulations for non-hillside properties; however, they are limited to
a maximum height of six feet. The draft Ordinance also introduces a requirement
that all new hedges located greater than 30 feet from the primary residence
consist of only plant species found in Appendix A of the HDS&G.
b. Regulated Fence Area
The draft Ordinance defines the regulated fence area as the area between the
property line and the unregulated fence area. The width of this area is equivalent
to the minimum required front, back, and side yards for the HR zones listed in
Section 29.40.270 of the Town Code. New or replacement fences within the
regulated fence area would require a Planning permit and would be required to be
a wildlife friendly fence (Attachment 16), as defined by the draft Ordinance in
Section 29.40.034(b) (Attachment 14).
The draft Ordinance includes regulations for the siting of fences relative to natural
contours, trees, riparian corridors, easements, and rights-of-way. Fencing within
20 feet of a property line adjacent to a street must be wildlife friendly and open-
view design fencing.
i. Prohibited materials and types of fences
For new or replacement fences in the regulated fence area, the draft
Ordinance prohibits chain-link, chicken wire, welded wire, wire mesh, cyclone,
buck and rail, electric fences, barbed wire, razor wire, double fences, all
hedges, and any fence with bare lengths of wire stretched between posts. The
draft Ordinance also prohibits walls in the regulated fence area, unless needed
for privacy as determined by the Director of Community Development. Town -
approved retaining walls are permitted within the regulated fence area.
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SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING FENCES, HEDGES,
AND WALLS/A-17-002
OCTOBER 11, 2018
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DISCUSSION (continued):
ii. Existing fences, hedges, gates, and walls
All fences, hedges, gates, and walls existing at the time the draft Ordinance
becomes effective are allowed to remain. The draft Ordinance distinguishes
between repair and modification; allowing repair of said fences, hedges, gates,
and walls without a permit, while modification requires a permit. Repair
carries the stipulation that the work does not convert a wildlife-friendly fence
into a non-wildlife-friendly fence. Modification requires a permit and carries
the stipulation that a wildlife-friendly fence is not converted into a non-
wildlife-friendly fence and shall not impede animal movement.
iii. Exceptions
The draft Ordinance provides for the following exceptions:
• Temporary (one to three years), animal excluding, protective circular
enclosing fences within the regulated fence areas to protect a newly
planted tree or shrub;
• Security fencing required to protect a public utility installation; and
• Exceptions granted when the Director of Community Development finds
that the strict application of these requirements will result in a
significant hardship for the property owner.
iv. Permits Required
The Town does not currently require a Planning permit for fencing, walls,
hedges, or gates unless elements trigger the need for Building Permits
(fence/wall heights exceeding six feet, retaining walls, gates requiring electrical
supply, etc.). The draft Ordinance introduces a Planning permit requirement
for fencing in the regulated fence area. The primary objectives for requiring a
Planning permit in the regulated fence area are to ensure that fencing adheres
to the draft Ordinance and to allow for neighbor notification. A Planning
permit type and fee structure specific to fencing needs will need to be created.
The draft Ordinance includes a time and materials fee structure for application
review, requiring a deposit per the Town’s fee schedule. An appropriate
deposit for review of Planning permits will be included in the next fee
schedule. Neighbor noticing requirements would be consistent with those for
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SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING FENCES, HEDGES,
AND WALLS/A-17-002
OCTOBER 11, 2018
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DISCUSSION (continued):
Minor Residential Development permits, which requires that notice be sent to
immediately adjacent neighbors.
v. Penalties
The draft Ordinance establishes that a property owner who has unlawfully
constructed, replaced, or modified any fence, wall, gate, gateway, entry arbor,
or hedge is subject to the following:
• File the required applications and pay the required fees;
• Pay a fine equal to double the cost of the Planning permit; and
• Remove any prohibited fence, wall, gate, gateway, entry arbor, or
hedge.
CONCLUSION:
Staff has coordinated with several community members, including David Weissman and Peter
Donnelly, to refine the draft Ordinance for changes to the Town Code regarding fences, hedges,
and walls. The draft Ordinance addresses the goals for hillside fencing of maintaining wildlife
movement corridors, addressing movement-restrictive fences in the hillside, and reinforcing the
importance of hillside fencing standards contained in the Hillside Development Standards and
Guidelines as identified during the January 31, 2017 Town Council Strategic Priority setting
session. Additionally, the draft Ordinance includes a maximum fence height increase to seven
feet in the non-hillside areas and regulations for vehicular gates throughout the Town.
RECOMMENDATION:
Staff recommends that the Town Council:
1. Make the finding that there is no possibility that this project will have a significant impact
on the environment; therefore, the project is not subject to the California Environmental
Quality Act [Section 15061(b)(3)] (Attachment 13);
2. Make the required finding that the amendments to Chapter 6 (Buildings and Building
Regulations) and Chapter 29 (Zoning Regulations) of the Town Code are consistent with the
General Plan (Attachment 13);
3. Introduce the Ordinance of the Town of Los Gatos effecting the amendments of the Town
Code regarding fences, hedges, and walls A-17-002 (Attachment 14), by title only, with any
specific changes identified and agreed upon by the majority of the Town Council.
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SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING FENCES, HEDGES,
AND WALLS/A-17-002
OCTOBER 11, 2018
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ALTERNATIVES:
Alternatively, the Council may:
1. Continue this item to a date certain with specific direction to staff;
2. Refer the item back to the Planning Commission with specific direction; or
3. Take no action, leaving the Town Code unchanged.
ENVIRONMENTAL ASSESSMENT:
There is no possibility that the project would have a significant impact on the environment;
therefore, the project is not subject to the California Environmental Quality Act [Section
15061(b)(3)].
PUBLIC COMMENTS:
Attachment 17 includes public comments received between 11:01 a.m., December 5, 2017 and
11:00 a.m., October 11, 2018.
ATTACHMENTS:
Attachments previously received with October 17, 2017 Staff Report:
None
Attachments previously received with the December 5, 2017 Staff Report:
1. July 26, 2017 Planning Commission Staff Report (with Exhibits 1-6)
2. July 26, 2017 Planning Commission Desk Item (with Exhibit 7)
3. September 13, 2017 Planning Commission Staff Report (with Exhibits 8-10)
4. September 13, 2017 Planning Commission Addendum (with Exhibits 11-12)
5. September 13, 2017 Planning Commission Desk Item (with Exhibit 13)
6. September 13, 2017 Planning Commission Verbatim Minutes
7. Draft Ordinance Amending Town Code Chapter 29
8. Letter from David Weissman to Town Council, dated January 1, 2017
9. Memorandum from Robert Schultz, Town Attorney, to Town Council, dated February 12,
2017
10. January 31, 2017 Town Council Special Meeting Priority Setting Study Session Minutes
11. Public comments received between 11:01 a.m., September 13, 2017 and 11:00 a.m.,
November 30, 2017
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SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING FENCES, HEDGES,
AND WALLS/A-17-002
OCTOBER 11, 2018
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Attachments previously received with the December 5, 2017 Desk Item:
12. Public Comments received between 11:01 a.m. Thursday, November 30, 2017 to 11:00 a.m.
Tuesday, December 5, 2017
Attachments received with this Staff Report:
13. Required Findings
14. Draft Ordinance Amending Town Code Chapter 6 and Chapter 29
15. Regulated Fence Area Exhibit
16. Wildlife-Friendly Fence Exhibit
17. Public comments received between 11:01 a.m., December 5, 2017 and 11:00 a.m., October
11, 2018