Attachment 7 - Draft Ordinance amending Town Code Chapter 29
Draft Ordinance: subject to
modification by Town Council
based on
ORDINANCE
deliberations and direction
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 29 (ZONING REGULATIONS) 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 to not impede the movement of
wildlife; and
WHEREAS, the proposed code amendments are consistent with the General Plan and its
Elements.
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:
SECTION I
Town Code Chapter 29 is hereby amended to read as follows:
AMENDED SECTION:
Sec. 29.20.480. - Administrative procedure for minor residential projects.
(1) This procedure is established for review of minor residential projects to provide for
neighborhood review in a timely and streamlined process. This process shall be used by the
Planning Director for projects listed in section 29.20.480(2) and by the Development Review
Committee for reviewing projects identified in subsections 29.20.745(12) and (15).
(a) An application and fee is submitted. In addition to the standard application materials
(application and plans), the applicant will be required to submit one set of stamped,
addressed envelopes to neighboring residents and property owners. The Planning
Department will assist the applicant in determining the properties to be notified (all
properties abutting the applicant's parcel, properties directly across the street and the
two parcels on each side of it).
(b) The deciding body reviews the application using the Town's Development Standards, as
well as the Town Code requirements.
(c) If the Planning Director intends to approve the application, a "Notice of Pending Approval"
will be mailed to neighboring residents and property owners including any applicable
conditions, exactions or dedications as required. The notice will advise the residents and
property owners of the applicant's plans, and that the application will be approved unless
there is an objection. The residents and property owners have ten days from the date of
ATTACHMENT 7
the "Notice of Pending Approval" in which to review the application and to notify the
Planning Director in writing of any concerns or problems.
(d) If a written objection to the project is not filed within the ten-day period, the application
may be approved. If a written objection is filed but the differences in opinion can be
worked out to the satisfaction of all objectors, then the application may also be approved.
Once the zoning approval is granted, a building permit may be applied for and issued,
subject to the conditions of the zoning approval.
(e) If an objection to the project is filed in a timely manner and the differences cannot be
resolved at the staff level, the application is scheduled before the Planning Commission on
the next available agenda for consideration at the applicant's cost. All property owners
and residents notified originally shall be notified of the Planning Commission meeting.
(f) If the Planning Director determines that the application cannot be approved because it
does not comply with the Town's Development Standards and the applicant is unwilling to
revise the plans, then the applicant will be required to file an Architecture and Site
Application (including the required fee) and the application shall be considered by the
Planning Commission.
(2) In addition to the projects identified in subsections 29.20.745(12) and (15), the following
projects will be considered under this administrative procedure.
(a) New second-story additions to single and two-family dwellings.
(b) Additions to an existing second story where the additional area will exceed one hundred
(100) square feet.
(c) Reconstruction to a portion of a single or two-family dwelling or an accessory structure
with a nonconforming setback.
(d) Accessory structures exceeding a combined square footage of four hundred fifty (450)
square feet.
(e) Additions to accessory structures resulting in the structures containing a combined square
footage more than four hundred fifty (450) square feet.
(f) Request to reduce side and rear yard setback requirements for accessory structures.
(g) Sport court lighting and/or fencing over six (6) feet high enclosing court game areas.
(h) New fences, walls, gates, gateways, entry arbors, and hedges within the Hillside Area.
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PROPOSED SECTIONS:
Sec. 29.40.030. Fences, walls, gates, gateways, entry arbors, and hedges.
Sec. 29.40.031. – Purpose and intent.
The Fence 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
maintaining the rural, open, and natural character of the hillsides. Additional details are
available in the Town’s 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 constructed of wood, metal,
wire, masonry, glass, plastic, stone or any material.
Fence height means 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 deciduous or evergreen bushes or shrubs.
Hillside lot means a parcel of land that is shown on the Hillside Area Map in the Hillside
Development Standards and Guidelines regardless of zoning district.
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, and 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.
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
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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.
Wall means a man-made structure that defines an area, carries a load, or provides shelter or
security.
Wildlife-friendly design means a fence, wall, hedge, or other structure that permits any animal,
regardless of size, to easily climb under, pass through, or jump over.
Sec. 29.40.033. – Non-hillside lots: Proposed new fences, walls, gates, gateways, entry arbors,
and hedges.
(A)In residential zones, no permits are required for the repair, replacement, or construction
of fences, walls, gates, gateways, entry arbors, or hedges that are less 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) on, or within all property lines.
(B)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, gate, 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 exists:
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.
(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
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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) high tall 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.
Sec. 29.40.034. – Hillside lots: Proposed new fences, walls, gates, gateways, entry arbors, and
hedges.
This division section covers any new fence, wall, gate, gateway, entry arbor, or hedge, and the
replacement, modification, and/or repair of any existing fence, wall, gate, gateway, entry arbor,
or hedge whether the primary dwelling unit is new or existing. In the absence of a primary
dwelling unit, an entire hillside lot, including any accessory structures such as a barn, storage
shed, stable, or similar structure, shall be covered by the conditions of this Section.
(A)Within 30 feet of primary dwelling unit (Planting Zone 1):
(1)Approvals: Minor Residential Development approval is required pursuant to Section
29.20.480(2)(h). The permit shall be posted on site during construction.
(2)Are subject to the provisions of Sec. 29.40.030, Non-hillside residential lots above;
however, fencing is limited to six (6) feet high in total.
(3)Riparian corridor. No fence, wall, gate or hedge shall be constructed within a riparian
corridor or within 30 feet of its top of bank.
(4)Prohibited materials. Barbed or razor wire fences, including any fence with attached
barbs, sharp points, or razors, are prohibited.
(B)Greater than 30 feet from primary dwelling unit (outside Planting Zone 1):
(1)Approvals: Minor Residential Development approval is required pursuant to Section
29.20.480(2)(h). The permit shall be posted on site during construction.
(2)Accessory structures. Fences associated with accessory structures, if located farther
than 30 feet from the primary dwelling unit, shall be governed by this section.
(3)Wildlife friendly. All fences, walls, gates, and hedges shall be of wildlife-friendly
design. If a new hillside fence is, in part, closer than 30 feet to the primary dwelling
unit and, elsewhere, farther than 30 feet from the primary dwelling unit, the portion
that is farther than 30 feet shall be of wildlife-friendly design.
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(4)Maximum height:
a.New fences. The maximum height of new fences shall be 42 inches.
b.Hedges. Hedges shall be maintained at a maximum height of 60 inches (5
feet).
c.Hedges shall have two- to four-foot-wide gaps at least every 25 feet.
(5)Minimum height above grade:
a.New Fences. The minimum height above grade of new fences shall be 16
inches.
(6)The following fence types are not of wildlife-friendly design and are therefore
prohibited:
a.Chain-link, chicken wire, welded wire, wire mesh, cyclone or similar fence
material
b.Buck and rail fences.
c.Any fence with bare lengths of wire stretched between posts.
d.Electric fences, including any fence designed to produce an electric shock,
except where necessary for animal husbandry operations.
e.Barbed or razor wire fences, including any fence with attached barbs, sharp
points, or razors.
(7)Fence design.
a.Fences shall be of an open-view design that does not detract from the scenic
nature or character of the surrounding area.
b.Traditional split-rail fences are encouraged. Rural styles shall emphasize
natural colors such as brown, grey or green.
c.Fences shall have a top level of wood (or similar material) rail rather than wire.
d.Split rail fences shall include a minimum 12-inch spacing between rails
wherever feasible.
e.Hedge plant species shall consist of those listed in Appendix A of the Hillside
Development Standards and Guidelines.
f.The spacing of vertical fence posts shall be at least 10 8 feet apart, unless
physically impossible due to terrain or other conditions.
(8)Fence, wall, gate, and hedge siting:
a.Fences and hedges shall be located to follow natural contours, whenever
possible.
b.Fences and hedges shall be located to avoid impacts to trees, animal
movement corridors, and other natural features.
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c.No fence, wall, gate or hedge shall be constructed within a riparian corridor,
stream, or within 30 feet of its top of bank.
d.No fence, wall, gate, or hedge 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.
(9)Walls:
a.Walls are prohibited unless needed for privacy as determined by the Director
of Community Development.
b.Town approved retaining walls are permitted.
(C)Replacement or modification of existing fences, walls, hedges or gates:
(1)Shall be subject to the requirements in this Ordinance. The permit will be posted on
site during construction.
(2)Are encouraged if such changes improve wildlife movement or animal corridors.
(3)Replacement or modification of any fence, wall, hedge or gate shall be prohibited if
the Town Engineer determines that a public safety hazard exists.
(D)Repair. A permit is not required for repair to of short sections of existing fences, walls, or
hedges less than 50 feet in length and/or no greater than 25 50 percent of total each
fence, wall, or hedge length section, provided no other repair work is done on the same
structure over a 12- month period.
(E)Exceptions:
(1)Fences around swimming pools, outdoor sports courts, and similar structures are not
required to be of wildlife-friendly design, even if farther than 30 feet from the
primary dwelling unit (see Sec. 29.10.09020 for other swimming pool requirements).
Sport court fencing may be 12 feet in height.
(2)A temporary (1 to 3 year), animal excluding, circular enclosing fence may be erected
to protect a newly planted tree or shrub.
(3)Enclosure fencing around vineyards, orchards, and vegetable gardens shall be limited
to those areas requiring enclosure and does not have to be wildlife friendly even if
farther than 30 feet from the primary dwelling unit.
(4)Fences needed for livestock control do not have to be of wildlife-friendly design even
if farther than 30 feet from the primary dwelling unit.
(5)Security fencing required to protect a public utility installation does not have to be
wildlife friendly.
(6)Temporary construction fencing up to 6-feet tall may be installed when associate
with an approved building or grading permit. Temporary construction fencing shall
be elevated a minimum of 16 inches above grade to allow for passage of small
animals. Temporary construction fencing shall be removed prior to final inspection.
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(7)Written exceptions may be granted when the Director of Community Development
finds that the strict application of these requirements will result in a hardship for the
property owner.
(F)Fees. The fee, as adopted by Town Resolution for Minor Residential development,
prescribed therefore in the municipal fee schedule, shall accompany any application for a
fence in the Hillside area submitted to the Town for review and evaluation pursuant to
this division.
(G)Enforcement. Any fence, wall, gate, gateway, entry arbor, or hedge constructed,
replaced, modified, or repaired without required approval, is a violation of this Code.
(H)Where a conflict exists between the Covenants, Conditions, and Restrictions (CC&Rs) of
a hillside Planned Development (PD) and this document, the requirements of this
document shall prevail.
(I)Notices. Noticing shall comply with the public noticing procedures of section 29.20.480
of the Town Code.
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SECTION II
With respect to compliance with the California Environmental Quality Act (CEQA), the
Town Council finds as follows:
A.This ordinance is not subject to review under CEQA pursuant to sections and
15061(b)(3), in that it can be seen with certainty that there is no possibility that the proposed
amendment to the Town Code would have significant impact on the environment.
SECTION III
If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid, such invalidly 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. This 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.
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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 was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on December 5, 2017, 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 January _, 2017 and
becomes effective 30 days after it is adopted.
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).
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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