Attachment 18
ATTACHMENT 18
ORDINANCE
ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 6 SECTION 6.150.050 AND CHAPTER 29 (ZONING
REGULATIONS) SECTION 29.40.030 – 29.40.030 OF THE TOWN CODE
REGARDING FENCES, HEDGES, AND WALLS
WHEREAS, the Town Council wishes to make certain that fences in the Hillside Areas of
the Town do not interfere with wildlife corridors and those fences do not impede the
movement of wildlife; and
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;
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, this matter was regularly noticed in conformance with State and Town law
and came before the Town Council for public hearing on October 16, 2018; and
WHEREAS, the Town Council accepted the report of the Planning Commission’s
recommendation on the proposed amendments regarding fences.
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NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Los Gatos Town Code Town Code Chapter 6, Section 6.150.050, is hereby repealed as
follows:
Sec. 6.150.050. - Work exempt from permit.
CRC Section R105.2 Work exempt from permit.
Building: Item 2. is amended to read:
2. Fences not over 7 feet high.
(Ord. No. 2257 , § I, 11-15-16)
Los Gatos Town Code Chapter 29, Section 29.40.030-29.40.034 is hereby repealed and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.
Sec. 29.40.031. Purpose and intent.
The purpose of this Ordinance is to codify regulations for fences in all residential zones. This
Ordinance is divided into two parts: non-hillside and hillside areas. The use of fences, walls,
gates, gateways, entry arbors, and hedges in the hillside areas shall be minimized and located
so that natural landforms appear to flow together and are not disconnected. The primary
emphasis shall be on maintaining open views; protecting wildlife corridors and habitat
connectivity; and maintaining the rural, open, and natural character of the hillsides. Additional
details are available in the Hillside Development Standards and Guidelines.
Sec. 29.40.032. Definitions.
The following words, terms, and phrases, when used in this division, shall have the meanings
ascribed to them in this section.
Fence means a man-made structure serving as a barrier or screen.
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.
Hedge means a boundary formed by closely growing bushes or shrubs.
Hillside lot means a parcel of land subject to the Hillside Development Standards and Guidelines
as shown on the Hillside Area Map in the Hillside Development Standards and Guidelines
regardless of zoning district.
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Movement corridor means a movement pathway that is typically independent of season and
used by animals on a near daily basis for the acquisition of food, shelter, water, or mates.
Open-view design means a fence or other structure that permits views through it.
Planting Zone 1 means that area within a 30-foot radius of the primary dwelling unit on a
hillside lot.
Regulated fence area (which only applies to parcels greater than one (1) acre) means that area
between the property line and the unregulated fence area. The width of this area is equivalent
to the minimum required yards for the HR zones listed in Sec. 29.40.270.
Retaining wall means a man-made structure designed to retain soil.
Riparian corridor means an area comprised of habitat strongly influenced and delineated by the
presence of perennial or intermittent streams.
Stream means a body of water that flows at least periodically or intermittently through a bed or
channel having banks. The body of water may include watercourses having a surface or
subsurface flow that supports or has supported riparian vegetation, fish, or aquatic life.
Top of bank means a stream boundary where a majority of normal discharges and channel
forming activities take place. The top of bank will contain the active channel, active floodplain ,
and their associated banks. Where there are no distinguishable features to locate the top of
bank, the local permitting agency will make a determination and document as appropriate. In
the absence of this determination, the 100 -year water surface will be used.
Traffic view area means that area, on corner lots, 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, or a
distance of thirty (30) feet measured horizontally in any direction from the point of intersection
of the property lines at street corners.
Unregulated fence area is that area of a parcel between the primary residence and the
regulated fence area. The unregulated fence area plus the regulated fence area constitut es 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.
Wall means a man-made structure that defines an area, carries a load, or provides shelter or
security.
Wildlife-friendly fence means a fence or other structure that permits any animal, regardless of
size, to easily climb under, pass through, or jump over. A wildlife-friendly fence shall not
exceed forty-two (42) inches in height above natural grade. A split-rail fence shall be
constructed of wood and be at least fifty (50) percent open in design. The minimum height
above grade for the bottom rail shall be sixteen (16) inches and shall have spacing between rails
of at least twelve (12) inches wherever feasible.
Sec. 29.40.033. Non-hillside residential lots: Fences, walls, gates, gateways, entry arbors,
and hedges.
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(a) Height. In residential zones outside of the hillside area, a permit is not required for the
repair, replacement, or construction of gateways, entry arbors, or hedges that are no
more than six (6) feet high; or fences, walls, or gates that are no more than six (6) feet
high, with one (1) foot of lattice on top (seven (7) feet high in total), and within all
property lines.
(b) Exceptions to height. The following height exceptions shall apply:
(1) Corner lot. In a traffic view area, no corner lot or premises in the Town shall have
any fence, wall, gate, gateway, entry arbor, or hedge higher than three (3) feet
above the curb unless permission is secured from the Town Engineer.
(2) Properties not on a street corner. At the discretion of the Director of Community
Development, 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 justification to the Planning
Department that demonstrates either of the following conditions exist:
a. A special privacy concern exists that cannot be practically addressed by
additional landscaping or tree screening.
b. 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.
(3) Historic Districts and/or Landmark and Historic Preservation Overlay. The
maximum height of fences in the front yard shall be three (3) feet and shall be of
open-view design except as provided in subsection 29.40.033(b)(4).
(4) Gateways or entryway arbors. May be up to eight (8) feet high, including within
Historic Districts or for properties with a Landmark and Historic Preservation
Overlay, and shall be of open-view design. A gateway or entryway arbor shall have
a maximum width of six (6) feet and a maximum depth of four (4) feet. No more
than one (1) gateway or entryway arbor per street frontage is allowed.
(5) Adjacent to commercial property. 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 adjacent residential property owners.
(c) Materials. The type of fencing materials within the non-hillside zone are generally
unrestricted, and fences can be a combination of materials, with the following
exceptions:
(1) Plastic fencing is discouraged everywhere and is prohibited in Historic Districts.
(2) Barbed wire or razor ribbon wire is prohibited in all zones.
(d) Vehicular gates. Vehicular gates shall be setback a minimum of eighteen (18) feet as
measured along the driveway’s path of travel from the edge of the adjacent roadway to
the gate(s) in the open position.
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Sec. 29.40.034. Hillside residential lots: Fences, walls, gates, gateways, entry arbors, and
hedges.
This section applies to any new fence, wall, gate, gateway, entry arbor, or hedge, and the
replacement, modification, or repair of any existing fence, wall, gate, gateway, entry arbor, or
hedge, whether the primary dwelling unit is new or existing. Guiding principles come from the
Hillside Development Standards and Guidelines, which state that the primary emphasis for
hillside fences shall be on maintaining open views; protecting wildlife corridors while allowing
wildlife to pass through; and maintaining the rural, open, and natural character of the hillsides.
Deer fencing shall be limited to areas around ornamental landscaping with larger areas not to
be enclosed. For the purposes of this section, hillside lots are divided into two areas – the
unregulated fence area, in which minimal fence restrictions are enforced; and the regulated
fence area, which is regulated to be more wildlife-friendly.
(a) Unregulated Fence Area. Fences, or changes to existing fences within the unregulated
fence area of hillside lots, do not require a permit and are subject to Section 29.40.033,
non-hillside residential lots above, and the following standards:
(1) Height. Fence height is limited to six (6) feet high in total.
(2) Exceptions to height. The following height exceptions shall apply:
a. At the discretion of the Director of Community Development, deer fencing
may be a maximum of eight (8) feet high provided the property owner can
provide written justification to the Planning Department that demonstrates
that the following conditions exist:
i. The fencing would be limited to areas around ornamental landscaping ;
and
ii. 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.
(3) Materials. Barbed wire or razor ribbon wire is prohibited in all zones.
(4) Siting. No fence, hedge, wall, or gate shall be constructed within a riparian corridor
or within thirty (30) feet of its top of bank.
(5) Hedges. All new hedges within the unregulated fence area and greater than thirty
(30) feet from the primary residence, are outside planting zone 1 and shall consist
of only plant species listed in Appendix A of the Hillside Development Standards
and Guidelines.
(b) Regulated Fence Area. New or replacement fences within the regulated fence area on
hillside lots require a permit, which shall be posted on site during construction . Fences
in the regulated fence area are subject to the following standards:
(1) Height. Fences shall be wildlife friendly and shall not exceed forty-two (42) inches
in height above natural grade. A split-rail fence shall be constructed of wood and
be at least 50 percent open in design. The minimum height above grade for the
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bottom rail shall be sixteen (16) inches and shall have spacing between rails of at
least twelve (12) inches wherever feasible.
(2) Materials.
a. The following fence types and materials are not of wildlife-friendly design and
are therefore prohibited for new or replacement fences in the regulated
fence area:
i. Chain-link, chicken wire, welded wire, wire mesh, cyclone, or similar
fence material.
ii. Buck and rail fences.
iii. Any fence with bare lengths of wire stretched between posts.
iv. Electric fences, including any fence designed to produce an electric
shock.
v. Barbed or razor wire fences, including any fence with attached barbs,
sharp points, razors.
vi. Double fences.
vii. All hedges.
(3) Siting.
a. Fences shall be located to follow natural contours, whenever possible.
b. Fences and walls shall be located to avoid impacts to trees .
c. No fence, hedge, wall, or gate shall be constructed within a riparian corridor
or within thirty (30) feet of its top of bank.
d. No fence, hedge, wall, or gate shall be constructed in the public or private
right-of-way or within any trail easement or other easement precluding their
construction unless allowed, in writing, by the Town Engineer.
e. Fencing located within twenty (20) feet of a property line adjacent to a street
shall be open-view design fencing.
(4) Walls.
a. Walls are prohibited unless needed for privacy as determined by the Director
of Community Development.
b. Town approved retaining walls are permitted.
(5) Gateways or entryway arbors. May be up to eight (8) feet high and shall be of
open-view design. A gateway or entryway arbor shall have a maximum width of six
(6) feet and a maximum depth of four (4) feet. No more than one gateway or entry
arbor per street frontage is allowed.
(6) Exemptions. All fences, hedges, gates, and walls existing when this Ordinance
became effective, are exempt from these conditions, except as described in (7) and
(8) below.
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(7) Repair. Repair of existing fences, walls, hedges or gates in the regulated fence
area:
a. Does not require a permit.
b. Shall not convert a wildlife-friendly fence into a non-wildlife-friendly fence.
(8) Modifications. Modification of existing fences in the regulated fence area:
a. Requires a permit which shall be posted on site during construction.
b. Are encouraged if such changes improve wildlife movement or animal
corridors.
c. Shall not impede animal movements and shall not convert a wildlife-friendly
fence into a non-wildlife-friendly fence; for example, wire mesh shall not be
added to an existing, animal-friendly, split-rail fence.
d. Replacement, repair, or modification of any fence, wall, hedge or gate shall be
prohibited if the Town Engineer determines that a public safety hazard exists.
(9) Exceptions:
a. A temporary (one to three years), animal excluding, protective circular
enclosing fence may be erected in regulated fence areas to protect a newly
planted tree or shrub, until established, when that plant species is listed in
Appendix A of the Hillside Development Standards and Guidelines
b. Security fencing required to protect a public utility installation.
c. Written exceptions may be 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.
(10) Cost. The cost of the application review will be borne by the applicant through a
deposit pursuant to the adopted fee schedule.
(11) Notices. Noticing shall comply with the public noticing procedures of Section
29.20.480 of the Town Code.
(12) Penalties. A property owner who has unlawfully constructed, replaced, or
modified any fence, wall, gate, gateway, entry arbor, or hedge without required
approval, shall:
a. File the required Planning and Building Department applications and pay the
required fees as established by resolution for new applications and for work
unlawfully completed.
b. Be subject to a fine equal to double the cost of the permit, as determined by
the Director of Community Development.
c. Remove any prohibited fence, wall, gate, gateway, entry arbor, or hedge.
(c) Vehicular gates. Vehicular gates shall be setback a minimum of eighteen (18) feet as
measured along the driveway’s path of travel from the edge of the adjacent roadway to
the gate(s) in the open position.
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SECTION II
The Town Council finds and determines that the adoption of this Ordinance is exempt
from the requirements of the California Environmental Quality Act (CEQA) per CEQA Guidelines
under the General Rule (Section 15061(b)(3)), which sets forth that the CEQA applies only to
projects which have the potential for causing a significant effect on the environment. It can be
seen with certainty that the proposed Town Code text amendments will have no significant
negative effect on the environment.
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 .
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).
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SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on October 16, 2018, and adopted by the following vote as an ordinance of the Town
of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on November 6, 2018.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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