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: 06/18/2019
ITEM NO: 18
DATE: JUNE 10, 2019
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: TOWN CODE AMENDMENT APPLICATION A-19-001. PROJECT LOCATION:
TOWN WIDE. APPLICANT: TOWN OF LOS GATOS.
CONSIDER AMENDMENTS TO CHAPTER 29 (ZONING REGULATIONS) OF
THE TOWN CODE REGARDING FENCES, HEDGES, AND WALLS, INCLUDING
REGULATIONS FOR THE HILLSIDE AREA OF TOWN.
RECOMMENDATION:
Consider the proposed amendments and introduce the draft Ordinance by title only to amend
Chapter 29 (Zoning Regulations) of the Town Code regarding fences, hedges, and walls
(Attachment 3).
BACKGROUND:
On January 31, 2017, during the Town Council Study Session to identify strategic pr iorities for
fiscal years 2017-2019, the Town Council identified hillside fences as a strategic priority in
response to a request from the public (Attachment 4). The goals identified for amendments to
the Town Code regarding hillside fences were to:
• Make certain that fences do not interfere with wildlife corridors;
• Ensure fences do not impede movement of wildlife;
• Define an “open fence” as one that permits all animals, depending on their size, to
either climb under, pass through, or jump over, regardless of the fence’s location
relative to the side, front, or rear yards;
• Specify that the installation of chicken wire, wire mesh, chain link, etc., over open slat
fences, is not considered animal-movement friendly; and
• Clarify that the requirements for fences apply to all hillside fences, not just to fences
associated with Architecture and Site applications.
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SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING FENCES, HEDGES,
AND WALLS/A-19-001
JUNE 10, 2019
BACKGROUND (continued):
A draft Ordinance was reviewed by the Planning Commission on July 26, 2017 and September
13, 2017 and the Commission forwarded their comments and concerns to the Town Council.
The draft Ordinance was considered by the Town Council and the Town Council Policy
Committee from December 2017 through December 2018. During this iterative process, the
draft Ordinance was bifurcated into separate tracks: amendments applicable Town-wide; and
amendments applicable in the hillside area.
The Town-wide amendments were adopted as Ordinance 2278 by the Town Council on
December 18, 2018, which became effective on January 17, 2019 (Attachment 5). The adopted
Ordinance included the following amendments:
• Fence height increase to seven feet (non-hillside area only);
• Front yard and street side yard fence height and setbacks (Town -wide); and
• Vehicular gate setback requirements (Town-wide).
On November 15, 2018, the Town Council Policy Committee began discussion of the bifurcated
draft Ordinance applicable in the hillside area, including the relationship between the draft
Ordinance and the Hillside Development Standards and Guidelines (HDS&G). The Town Council
Policy Committee requested that the HDS&G standards and guidelines for fences (Attachment
6) be incorporated into the draft Ordinance, and continued that discussion to the December 20,
2018 meeting. The staff report for the November 15, 2018 Town Council Policy Committee
meeting is included as Attachment 7; the exhibits and minutes from this meeting can be
accessed at https://www.losgatosca.gov/AgendaCenter/Council-Policy-Committee-7.
While considering the draft Ordinance at the December 20, 2018 meeting, the Town Council
Policy Committee recognized that the existing subjective criteria within the HDS&G (should
versus shall; encourage versus required; etc.) are not appropriate for an Ordinance, and that
revising the subjective criteria to be objective would create conflict between the Town Code
and the HDS&G. The Town Council Policy Committee, therefore, recommended that subjective
criteria be eliminated in the draft Ordinance to avoid conflict between the Town Code and the
HDS&G.
The Town Council Policy Committee also provided feedback related to the organization and
content of the draft Ordinance, including regulations for the hillside area of Town, and
regulations that address concerns related to fences located within riparian corridors and
emergency egress routes. The Town Council Policy Committee also recommended that the
Planning Commission discuss the appropriateness of the recommended and prohibited fence
materials and designs included in the draft Ordinance. The Town Council Policy Committee
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SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING FENCES, HEDGES,
AND WALLS/A-19-001
JUNE 10, 2019
BACKGROUND (continued):
then forwarded the draft Ordinance to the Planning Commission for consideration with the
following direction:
• Incorporate the existing HDS&G standards and guidelines for fences (Attachment 6),
while eliminating subjective criteria to avoid conflict between the Town Code and the
HDS&G;
• Include regulations to address concerns related to fences located within riparian
corridors and emergency egress routes; and
• Discuss the appropriateness of recommended and prohibited materials and designs
within the hillside area.
The staff report for the December 20, 2018 Town Council Policy Committee meeting is included
as Attachment 8; the exhibits and minutes from this meeting can be accessed at
https://www.losgatosca.gov/AgendaCenter/Council-Policy-Committee-7.
On March 13, 2019, the Planning Commission considered amendments to Chapter 29 (zoning
regulations) of the Town Code regarding fences, hedges, and walls, including regulations for the
hillside area of Town (Attachments 9 through 11). The Planning Commission received public
comment, closed the public hearing, discussed the amendments, and continued the matter to
the April 10, 2019 meeting, to allow for further discussion of the amendments.
On April 10, 2019, the Planning Commission continued their discussion of the proposed
amendments (Attachments 12 through 14) and continued the matter to the May 8, 2019
meeting to allow staff time to prepare a revised draft Ordinance that incorporates the following
direction:
• Include an intent section outlining the intentions of the fence regulations;
• Include a definitions sections to clarify specific terms used in the draft Ordinance;
• Require perimeter fencing in the hillside area to be wildlife friendly;
• Prohibit solid fencing in the hillside area;
• Restrict fencing from riparian corridors;
• Allow maintenance and/or replacement of historic stone or river rock walls;
• Include a section outlining penalties for unlawful construction of a fence; and
• Provide a process for property owners to request an exception to the fence regulations
in recognition of the unique characteristics of many hillside area properties.
At the request of several community members, the matter was subsequently continued to the
May 22, 2019 meeting so that they could be in attendance.
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SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING FENCES, HEDGES,
AND WALLS/A-19-001
JUNE 10, 2019
BACKGROUND (continued):
On May 22, 2019, the Planning Commission considered the revised Ordinance (Attachment 16)
and forwarded a recommendation of approval to the Town Council with the following
additional changes:
• Provide the specific Town Code section for setbacks when referenced in Section
29.40.0315(a)(3);
• Exempt properties less than one acre in the hillside area from the requirement that
perimeter fencing shall be wildlife friendly;
• Require a 20-foot setback from a riparian corridor in Section 29.40.0315(c)(2); and
• Provide the specific Town Code section for enforcement and penalties when referenced
in Section 29.40.0330.
Attachment 3 contains the proposed Ordinance with all of the Planning Commission
recommendations. Attachment 17 contains the verbatim minutes for the May 22, 2019
Planning Commission meeting.
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.
All feedback received by 11:00 a.m. on Thursday, June 13, 2019 is included in Attachment
18.
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SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING FENCES, HEDGES,
AND WALLS/A-19-001
JUNE 10, 2019
DISCUSSION (continued):
B. Components of the Draft Ordinance
The draft Ordinance has been divided into several sections, which include the existing
regulations approved by the Town Council on December 18, 2018, as well as new Town-
wide regulations and those specific to the hillside area and properties with a Landmark and
Historic Preservation Overlay. In addition to regulations, the draft Or dinance includes
sections covering intent, definitions, exceptions, exemptions, and penalties. The proposal is
to amend the Ordinance adopted by Town Council on December 18, 2018 and replace it
with the draft Ordinance, which incorporates the direction of the Planning Commission
from May 22, 2019 (Attachment 3).
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 2);
2. Make the required finding that the amendments to Chapter 29 (Zoning Regulations) of the
Town Code are consistent with the General Plan (Attachme nt 2); and
3. Introduce the Ordinance effecting the amendments of the Town Code regarding fences,
hedges, and walls (Attachment 3), by title only, with any specific changes identified and
agreed upon by the majority of the Town Council.
ALTERNATIVES:
Alternatively, the Council may:
1. Continue this item to a date certain with specific direction to staff;
2. Refer this item back to the Town Council Policy Committee;
3. Refer this item back to the Planning Commission with specific direction; or
4. Take no action, leaving the Town Code unchanged.
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SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING FENCES, HEDGES,
AND WALLS/A-19-001
JUNE 10, 2019
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 18 includes public comments received between 11:01 a.m., May 22, 2019 and
11:00 a.m., June 13, 2019.
ATTACHMENTS:
1. Hillside Area Map
2. Findings
3. Draft Ordinance
4. Ordinance Priorities Memorandum dated February 12, 2017, from Robert Shultz, Town
Attorney
5. Ordinance 2278, adopted December 18, 2018
6. Hillside Development Standards and Guidelines pertaining to fences
7. November 15, 2018 Town Council Policy Committee staff memorandum
8. December 20, 2018 Town Council Policy Committee staff memorandum
9. March 13, 2019 Planning Commission Staff Report (with Exhibits 1-12)
10. March 13, 2019 Planning Commission Addendum (with Exhibits 13-14)
11. March 13, 2019 Planning Commission Desk Item (with Exhibits 15)
12. April 10, 2019 Planning Commission Staff Report (with Exhibits 16-17)
13. April 10, 2019 Planning Commission Addendum (with Exhibit 18)
14. April 10, 2019 Planning Commission Desk Item (with Exhibit 19)
15. May 8, 2019 Planning Commission Staff Report (with Exhibit 20)
16. May 22, 2019 Planning Commission Staff Report (with Exhibits 21-22)
17. May 22, 2019 Planning Commission Verbatim Minutes
18. Public Comments received between 11:01 a.m., May 22, 2019 and 11:00 a.m., Thursday,
June 13, 2019
S:\COUNCIL REPORTS\2019\06-18-19\Fences, hedges, walls ordinance\Staff Report.docx