Desk Item
PREPARED BY: SEAN MULLIN, AICP
Associate Planner
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Community
Development Department 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
DESK ITEM
DATE: JUNE 18, 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.
REMARKS:
A Council member contacted staff with the following suggestions related to determining an
appropriate distance from the property line within which a fence would be considered a
perimeter fence:
• Develop a simple formula based on lot size that defines a percentage of the lot to be
defined as perimeter fence area. The formula would calculate the required setback
needed to enclose the perimeter fence area (Exhibit 20); and
• Set a limit on the depth of perimeter fence area to 20 feet.
In response, several examples are provided below based on various sized hillside lots in the
Town (Tables 2 through 5). The examples provide the depth of perimeter fence area required
to achieve the percentage of the lot within which fences must be wildlife friendly. Each
example is carried out to the point at which the depth of perimeter fence area reaches the
maximum of 20 feet proposed by the Council member. The equation and definition of variables
is also provided below. The perimeter length used in these examples reflects the entire
perimeter of each lot. As shown in Exhibit 20, the draft Ordinance requires that fences located
within 20 feet of a property line adjacent to the street must be open view fences
(29.40.0315.b.2.a) and that fences located in required front setbacks are limited to a height of
three feet (29.40.0315.a.3). The equation could be adjusted to incorporate the perimeter of
the property outside of the front setback (30 feet) if the Council found that to be appropriate.
PAGE 2 OF 5
SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING FENCES, HEDGES,
AND WALLS/A-19-001
JUNE 18, 2019
S:\COUNCIL REPORTS\2019\06-18-19\18 Fences, hedges, walls ordinance\Desk Item.docx
REMARKS (continued):
This method introduces an equation for determining a setback depth based on a percentage of
the lot area within which a fence is considered a perimeter fence (Table 1). In order to
calculate the setback, a property owner would need to know their lot area in acres and the
length of the perimeter of their property. This information may not be difficult to obtain, but
the process does introduce a level of complexity that does not exist in the draft Ordinance. This
method attempts to tailor the size of the perimeter fence area to the individual property.
An alternative to this method would be to define a specific perimeter fence area in the
Ordinance and allow for the exceptions process to accommodate those property owners with
unique situations that warrant relief.
Table 1. Perimeter Fence Area Equation
Y = % A
P
% - Percent of lot to be perimeter fence area
A – Lot area (acres)
P – Length of lot perimeter
Y – Depth of perimeter fence area
Table 2. One-acre Lot Calculation
HR-1
Percent of lot to be perimeter fence area (%) 10 15 20 25 30 33
Lot area (A) 1.05 1.05 1.05 1.05 1.05 1.05
Length of lot perimeter (P) 747 747 747 747 747 747
Depth of perimeter fence area (Y) 6 9 12 15 18 20
PAGE 3 OF 5
SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING FENCES, HEDGES,
AND WALLS/A-19-001
JUNE 18, 2019
S:\COUNCIL REPORTS\2019\06-18-19\18 Fences, hedges, walls ordinance\Desk Item.docx
REMARKS (continued):
Table 3. Two-acre Lot Calculation
HR-2.5
Percent of lot to be perimeter fence area (%) 10 15 20 25 30 33
Lot area (A) 2.3 2.3 2.3 2.3 2.3 2.3
Length of lot perimeter (P) 1,624 1,624 1,624 1,624 1,624 1,624
Depth of perimeter fence area (Y) 6 9 12 15 19 20
Table 4. Four-acre Lot Calculation
HR-2.5
Percent of lot to be perimeter fence area (%) 10 15 20 24
Lot area (A) 4 4 4 4
Length of lot perimeter (P) 2,064 2,064 2,064 2,064
Depth of perimeter fence area (Y) 8 13 17 20
PAGE 4 OF 5
SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING FENCES, HEDGES,
AND WALLS/A-19-001
JUNE 18, 2019
S:\COUNCIL REPORTS\2019\06-18-19\18 Fences, hedges, walls ordinance\Desk Item.docx
REMARKS (continued):
Table 5. Five-acre Lot Calculation
HR-5
Percent of lot to be perimeter fence area (%) 10 15 17
Lot area (A) 5.2 5.2 5.2
Length of lot perimeter (P) 1,962 1,962 1,962
Depth of perimeter fence area (Y) 12 17 20
Attachment 21 contains public comments received between 11:01 a.m., Monday, June 17, 2019
and 11:00 a.m., Tuesday, June 18, 2019.
Attachments previously received with the June 18, 2019 Staff Report:
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
PAGE 5 OF 5
SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING FENCES, HEDGES,
AND WALLS/A-19-001
JUNE 18, 2019
S:\COUNCIL REPORTS\2019\06-18-19\18 Fences, hedges, walls ordinance\Desk Item.docx
Attachment previously received with the June 17, 2019 Addendum:
19. Public Comments received between 11:01 a.m., Thursday, June 13, 2019 and 11:00 a.m.,
Monday, June 17, 2019
Attachments received with this Desk Item:
20. Fence Setback Exhibit
21. Public Comments received between 11:01 a.m., Monday, June 17, 2019 and 11:00 a.m.,
Tuesday, June 18, 2019