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: 12/04/2018
ITEM NO: 7
DATE: NOVEMBER 29, 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 21).
BACKGROUND:
On October 16, 2018, the Town Council considered a draft Ordinance regarding fences, hedges,
and walls. Following Council discussion, the matter was continued to December 4, 2018.
Additionally, the draft amendments regarding hillside fence regulations were forwarded to the
Town Council Policy Committee for consideration of the following:
• Appropriate property size;
• Break down by zone versus property size;
• Appropriate materials;
• Number of properties the Ordinance would affect;
• Noticing requirements;
• Additional input from other groups; and
• Review of Ordinances in similar jurisdictions.
PAGE 2 OF 8
SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING FENCES, HEDGES,
AND WALLS/A-17-002
NOVEMBER 29, 2018
BACKGROUND (continued):
Additionally, during public testimony community member Lee Quintana expressed concerns
with the Town Code allowance of six-foot tall fencing and gates in the front yards of properties
and requested that the Town Council Policy Committee consider whether this allowance is
appropriate.
The draft Ordinance was considered by the Town Council Policy Committee at its November 15,
2018 meeting. The Policy Committee received public testimony and discussed the points
forwarded by the Town Council. The Policy Committee directed staff to prepare a draft
Ordinance for consideration by the Town Council at its December 4, 2018 meeting to address
the following fence regulations:
• Fence height increase to seven (7) feet (non-hillside area only);
• Appropriate front yard and street side yard fence height and setbacks (Town-wide); and
• Vehicular gate setback requirements (Town-wide).
The Policy Committee also provided direction to staff regarding fence regulations in the hillside
area and continued that matter to a date uncertain.
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:
• A poster posted at the Planning counter at Town Hall and at the Library;
• 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.
PAGE 3 OF 8
SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING FENCES, HEDGES,
AND WALLS/A-17-002
NOVEMBER 29, 2018
DISCUSSION (continued):
All feedback received by 11:00 a.m. on Thursday, November 29, 2018 is included in
Attachment 25.
B. Components of the Draft Ordinance
Following direction from the Policy Committee, the draft Ordinance (Attachment 21) was
bifurcated to allow Council consideration of special Town-wide fence regulations while the
Policy Committee continues consideration of fence regulations in the hillside area. The
draft Ordinance includes the following components:
• Fence height increase to seven (7) feet (non-hillside area only);
• Appropriate front yard and street side yard fence height and setbacks (Town-wide); and
• Vehicular gate setback requirements (Town-wide).
1. 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 would not introduce a Planning permit requirement for fencing .
2. Non-Hillside Fence Height
During consideration of 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 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).
Additionally, the Town Council and Policy Committee were generally amenable to
this change.
PAGE 4 OF 8
SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING FENCES, HEDGES,
AND WALLS/A-17-002
NOVEMBER 29, 2018
DISCUSSION (continued):
Based on this support, staff has included this change in the draft Ordinance
[Attachment 21, Section 29.40.030(b)]. This change applies only to non-hillside
properties and would not apply to properties in the hillside area. This change would
increase the threshold for a fence height exception from fences in excess of six feet
to fences in excess of seven 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.
3. Front Yard Fence Heights
In addition to hillside fence regulations, the topic of fence and gate heights along
front property lines was discussed at the Policy Committee meeting on November
15, 2018. Recently, several residents have contacted staff to inquire about these
regulations, expressing safety concerns with tall fencing along front property lines
related to sight lines. The current Ordinance allows six-foot tall fencing along all
property lines but does limit the height of fencing on corner properties and
properties within a defined distance of an intersection (Attachment 22). The intent
of these limitations is to provide sight lines for vehicles approaching a corner or
intersection. The current Ordinance does not address the impacts to sight lines on
vehicles exiting a driveway outside of these restricted areas. A six-foot tall fence at
the front property line can significantly reduce sight distance from a driveway as a
vehicle crosses a sidewalk and/or enters a street. Additionally, a tall fence along a
front property line can impact the character of a neighborhood. Attachment 23
includes a summary of the regulations for fence heights in front yards for the
following jurisdictions:
• Atherton
• Campbell
• Cupertino
• Los Altos
• Los Altos Hills
• Milpitas
• Monte Sereno
• Mountain View
• Palo Alto
• Portola Valley
• San Jose
• Santa Clara
• Santa Clara County
• Saratoga
• Sunnyvale
• Woodside
Based on Policy Committee feedback, staff has included a three-foot height
limitation for fences, walls, gates, and hedges located in required front and street
side yard setbacks and driveway view areas (Attachment 24). These proposed
PAGE 5 OF 8
SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING FENCES, HEDGES,
AND WALLS/A-17-002
NOVEMBER 29, 2018
DISCUSSION (continued):
regulations would be in addition to the existing regulations for fences, walls, gates,
and hedges located in a traffic view area or corner sight triangle. The draft
Ordinance includes an exception process that would allow deviations from the
height regulations based on privacy or wildlife concerns. The exception would
require review and approval by the Community Development Director and Town
Engineer.
4. Vehicular Gates
The draft Ordinance includes setback requirements for new vehicular gates.
Currently, the Hillside Development Standards and Guidelines require a setback of
25 feet for a vehicular gate and the Town Code is silent regarding the setback
requirements for a vehicular gate. 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, this standard has been
applied as the required setback for a vehicular gate. This requirement has been
included in Section 29.40.030(e) of the draft Ordinance (Attachment 21).
CONCLUSION:
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 20);
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 20);
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 21), by title only, with any
specific changes identified and agreed upon by the majority of the Town Council.
PAGE 6 OF 8
SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING FENCES, HEDGES,
AND WALLS/A-17-002
NOVEMBER 29, 2018
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 23 includes public comments received between 11:01 a.m., November 15, 2018
and 11:00 a.m., November 29, 2018.
Attachments:
Attachments previously received with October 17, 2017 Staff Report:
None
Attachments previously received with 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
PAGE 7 OF 8
SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING FENCES, HEDGES,
AND WALLS/A-17-002
NOVEMBER 29, 2018
Attachments previously received with 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 previously received with October 16, 2018 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
Attachments previously received with October 16, 2018 Addendum:
18. Revised Draft Ordinance Amending Town Code Chapter 6 and Chapter 29
Attachments previously received with October 16, 2018 Addendum B:
19. Public comments received between 11:01 a.m., October 11, 2018 and 11:00 a.m.,
October 15, 2018
Attachments received with this Staff Report:
20. Required Findings
21. Draft Ordinance Amending Town Code Chapter 6 and Chapter 29
22. Sight Triangle and Traffic View Area Exhibit
23. Summary of Front Yard Fence Height Regulations of Area Jurisdictions
24. Driveway View Area and Front and Street Side Yard Area Exhibit
25. Public comments received between 11:01 a.m., November 15, 2018 and 11:00 a.m.,
November 29, 2018
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