Loading...
Attachment 6 - September 13, 20017 Planning Commission Verbatim Minutes LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A P P E A R A N C E S: Los Gatos Planning Commissioners: D. Michael Kane, Vice Chair Mary Badame Kendra Burch Melanie Hanssen Kathryn Janoff Town Manager: Laurel Prevetti Community Development Director: Joel Paulson Town Attorney: Robert Schultz Transcribed by: Vicki L. Blandin (510) 337-1558 LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 P R O C E E D I N G S: VICE CHAIR KANE: We move on now to the public hearing portion of our agenda and consider the items on the agenda. Tonight we have one item; it is Agenda Item 2. This is Town Code Amendment A-17-002. Consider amendments to Chapter 29 (Zoning Regulations) of the Town Code regarding fences, hedges, and walls; and includes new regulations and requirements for fences, hedges, and walls in the Hillside Area. Mr. Mullin, will you give us a staff report tonight? JOEL PAULSON: Excuse, Vice Chair Kane. Prior to Mr. Mullin giving the report, I believe Commissioner Hudes has something he’d like to say. VICE CHAIR KANE: Second time we’ve done that. Commissioner Hudes. COMMISSIONER HUDES: Thank you. I will be recusing myself from this item in that I own a property in the Hillside Area and I believe that the way the recommendation is currently drafted, it would cause an economic impact, and I would prefer not to participate in this matter. LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 VICE CHAIR KANE: I’m looking for the notes that were provided verbatim in the last meeting regarding such a recusal. Mr. Paulson or Ms. Lampros, do you think we need to review the technicalities of this recusal? JOEL PAULSON: We do not. Mr. Hudes has stated a perfectly reasonable reason for why he’s recusing himself, and we should let him do so. VICE CHAIR KANE: And the Town Attorney, Mr. Schultz, gave us long chapter and verse, if anybody wants to refer back to that from the first meeting as to why this is an appropriate move. Why don’t you go home? We only have one item. COMMISSIONER HUDES: I’ll see you in a couple of weeks. VICE CHAIR KANE: All right. Commissioner Hanssen. COMMISSIONER HANSSEN: I would prefer if we could restate for the public why it is that people that live in the hillsides that are sitting on the Planning Commission are able to participate in the hearing if they choose not to recuse themselves. VICE CHAIR KANE: If you don’t mind, I could read what he said (inaudible), the guidance we received last time from the Town Attorney, and I’m quoting him from the LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 transcript, “Let me make sure for the public that they understand the law in this area. The Fair Political Practice Act is a very complicated and often revised law, but what it does say is it has certain conflict of interests involving your real property and your business assets. In this case, there could very well be a presumption that there could be an economic effect on your property, and therefore usually that would require a stepping down and not hearing the matter. But there is what’s called the general public exception, and what that says is that if you are a public official and you’re hearing an item that might affect your property and the value of it, but you’re in the same position as a significant portion of the community and you’re going to be similarly affected as everybody else, then you’re able to hear it. That means there is no conflict of interest under the state law, but that being said, there’s still a perception, and I think that’s what Commissioner Hudes was talking about. Even though there might not be a conflict under state law, there could be a perception that he doesn’t feel comfortable about it. But there is no violation of the law if he were to hear this, but that’s LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 okay for him to decide when you want to step down and when you don’t.” Counselor, is that essentially correct? LYNN LAMPROS: Yes, that is correct. VICE CHAIR KANE: Commissioner Janoff. COMMISSIONER JANOFF: Just to clarify, I also reside on a hillside property, and choose to participate in the discussion tonight. VICE CHAIR KANE: Commissioner Hansson. COMMISSIONER HANSSEN: And like Commissioner Janoff, I also reside in the Hillside Residential Zone, and I’ve chosen to participate in this hearing. VICE CHAIR KANE: Anyone else. Commissioner Badame, you want to join us? CHAIR BADAME: Sure. I don’t live in the hillside, but I choose to participate tonight. I hope that’s okay. VICE CHAIR KANE: So back to Mr. Mullin. Do you have a Staff Report for us, sir? SEAN MULLIN: Thank you. Good evening, Commissioners. Before you tonight is continued consideration of amendments to Chapter 29 of the Town Code regarding fences, hedges, and walls. LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 To back up to why we’re here, in January 2017 the Town Council held a study session to identify strategic priorities for the fiscal year 2017-2019. Dave Weissman requested that an ordinance amendment regarding fences in the Hillside Areas of the Town be set as a strategic priority, and at that study session four Councilmembers identified hillside fences as a strategic priority and directed Staff to study the issue and bring it back through the process. This item came before the Commission on July 26th where it was introduced and public comment was received. The Commission continued the item and provided Staff with direction to address questions and requests by some Commissioners. Staff’s response to these requests is included on pages 1 and 2 of the Staff Report. The Staff Report also includes a refined working draft of the Draft Ordinance as Exhibit 8, and includes revisions and refinements marked in red and underlined text. An addendum and Desk Item has been provided, which include verbatim minutes from the previous meeting and additional public comment received by Staff after publishing the Staff Report. LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Staff recommends that the Planning Commission review the Draft Ordinance; discuss the topics of concern raised by Staff, and forward the Draft Ordinance with any comments or recommended changes to the Town Council with a recommended recommendation for adoption. This concludes Staff’s presentation of the Staff Report, and we’re here to answer any questions. VICE CHAIR KANE: Are there questions for Staff? Seeing none, thank you. I’m going to open the public portion of the public hearing and begin calling up speakers. We have quite a number of speakers, so I’ll call you up three at a time, and speakers two and three please take a seat near the microphone so you’re ready to go when the other speaker is done. Again, you’ll have three minutes to address us. The yellow light does not mean stop; it means you have 30 seconds left. I’m calling Albert Kurkchubasche. I’m sorry; I’m calling three people; I got tongue-tied. Dick Clift and Jim Vergara. ALBERT KURKCHUBASCHE: Good evening, my name is Albert Kurkchubasche; I’m the property owner of 165 Happy Acres Road in Los Gatos. I live in the hills. When fencing can be demonstrated to impact the movements of animals on a specific site we can apply LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 specific rules and work with the Town rather than establishing or imposing guidelines that impact everyone in the hillside. We do have a 1.5-acre vineyard. When we applied for the Conditional Use Permit, we worked with the Town and with the neighbors to come up with a fencing solution that would protect the plants, the vines, while allowing for movement of wildlife and made it aesthetic looking. On the southern side and the western side we erected deer fencing. We used the topography of the land as well as the plantation to minimize the visual impact. On the northern side we provided a corridor for wildlife as requested by the neighbors, so we have movement of wildlife surrounding the properties completely. On the eastern side we put up a split-rail fence with a neighbor in order to kind of have an open look. We modified that split-rail fence to include netting; the netting is almost invisible. So by working with the Town and our neighbors we came up with a solution that both minimized the visual impact, allowed wildlife passage, and provided protection to the vines. I think the existing guidelines are sufficient, and it’s probably best that we address fencing on a case-by-case basis. Just arbitrary rules are not necessarily good, because they may have some aesthetic… LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Let’s say, if I had to build a fence around a certain perimeter, it would have been visible to the neighbors, so that’s something to think about. Every situation is different. Thank you. VICE CHAIR KANE: Let’s see if there are any questions? Questions for the speaker? Commissioner Janoff. COMMISSIONER JANOFF: Thank you. Could you tell me how tall your deer fence is? ALBERT KURKCHUBASCHE: It’s 7’. COMMISSIONER JANOFF: Thank you. VICE CHAIR KANE: Any other questions? Let me make sure I understand. These fences are up already, right? ALBERT KURKCHUBASCHE: They are up already. VICE CHAIR KANE: And that implies they’re in compliance with the code? ALBERT KURKCHUBASCHE: Yeah, we applied for a Conditional Use Permit at that time, and we worked with the Town as well as our neighbors. VICE CHAIR KANE: And the netting you mentioned, that’s also in compliance? ALBERT KURKCHUBASCHE: Probably not, I would imagine. We indicated deer fencing all around, but then we put the netting on that one side. VICE CHAIR KANE: Thank you. Jim Vergara. LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JIM VERGARA: Good evening, my name is Jim Vergara; I live at 1531 Suview Drive along with my wife and my two small daughters. When I decided to buy my property a couple of years ago it was because we loved the setting, which has trees, wildlife, and vegetation that usually comes along with hillside property. While it’s enjoyable to see the deer and the wildlife, as a property owner I don’t feel that we should be dictated on how we can or should protect our property while considering biodiversity. It appears to me that the property size was not even taken into consideration when this ordinance was put into place. In my case, I have 2.5 acres, and I’m being treated… My fencing, the 30’ are just the same as if somebody has a 25,000 square foot lot. That’s part of the reason why I bought a bigger piece of property, so I could have more access and enjoy my property a little more. But in this case, by this 30’ limitation, it isolates my kids’ playground structure/picnic area that we’ve created for them to play in. With this ordinance, our children will be exposed to coyotes, mountain lions, bobcats, deer, and different wildlife, because my playground is about 110’ away from my residence. LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 If forced to adhere to this proposed ordinance, this would severely limit the use of our property and adversely impact property values. The larger the property, the more severe the financial impact may be. Deer also have caused a lot of damage on our expensive landscaping planning, and as property owners we should have the right to protect our investments. I ask the Commission to reconsider other solutions, such as property owners providing a corridor or some type of pathway between the properties, however large that may be, according to some appropriate studies. VICE CHAIR KANE: Thank you. Questions? Commissioner Burch. COMMISSIONER BURCH: Do you have fencing currently around the children’s play area? JIM VERGARA: No, but I was about to put one in, because of that problem. I just moved there not too long ago. COMMISSIONER BURCH: Okay, thank you. VICE CHAIR KANE: Sir, you said Sobey Drive, yes? JIM VERGARA: Suview Drive. VICE CHAIR KANE: Suview Drive. Thank you. Dick Clift followed by Julie Donnelly, Peter Donnelly, and Vadim Kurland. Mr. Clift. LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DICK CLIFT: Yes, my name is Dick Clift; I live at 17670 Tourney Road in Los Gatos. I just wanted to speak to the hillside concept here. These rules are pretty restrictive. I think most people are entitled to a reasonable use of their property, and these rules, I’m only going to speak to a couple of things on them, but they just seemed generally over-restrictive. One thing that seems to be a concern is the migration of animals back and forth between properties. I think rather than this 30’, a better solution to consider would be that if everybody put their fence 5-10’ back from their property line, then that would leave somewhere between a 10-20’ corridor around all of the properties. I know it doesn’t meet your guidelines as far as small animals, but small animals get around. They either go over the fence or under the fence, or they always find a way to get there, but that people would still be able to maintain their property with nice landscaping and keep the deer out, and the deer and some of the larger animals could move along very easily. A 42” fence is a pretty small fence, and a hillside development that doesn’t really do much. The 6’ standard of fencing that’s been used for many, many years all over the country has been a good one; it’s not abusive. LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The other thing was your comments in here about not wanting a chain-link fence. For the hillside, it’s probably the best fence you could put up. First of all, it’ durable, and if you put in a black chain-link fence with black fabric, you don’t even notice it’s there, especially when it’s up against the background of the trees and that sort of stuff, so it’s the least offensive fence that you could put up, but yet it’s not allowed according to these conditions. I think that’s about all I have to say; too many things to talk about. And the same with hedges. People shouldn’t be restricted to that low of a hedge. I mean if somebody wants some privacy at their home, I can’t see any reason why a 6’ hedge wouldn’t be a problem. That’s all I have to say. Thanks for listening to me. VICE CHAIR KANE: Thank you. Questions for Mr. Clift? Commissioner Hanssen. COMMISSIONER HANSSEN: I was just curious, do you currently have a fence on your property? DICK CLIFT: Yes, my property is all fenced in, so I would fall into the portion that…nothing new… COMMISSIONER HANSSEN: Unless you need to make changes. LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DICK CLIFT: …but you’d have regulations. If you have to take the fence down, then you’ve got to do these certain things, too. But I just wanted to speak for other people as a general concept to the hillside program that you’re working on. COMMISSIONER HANSSEN: Thank you. VICE CHAIR KANE: Thank you, sir. Julie Donnelly. JULIE DONNELLY: Good evening, and thank you for your time. My name is Julie Donnelly and I live at 15305 Suview Drive. I’ve been a long-term resident of Los Gatos and fairly recently went through the process of building a new home in the Hillside Area of Town. As part of that process we spent a lot of time ensuring our home, which included our primary residence, garages, guesthouse, and surrounding hardscape and landscape development, met all of the Hillside Standards and Guidelines. While this was challenging—and by the way, we’re still married—I understand why it was necessary, and I think that people would appreciate the considerate design and the quality of the end product. After having gone through all of the effort to design our home, we ought to have the right to use it and feel safe using it, whether it be to go to the equipment pad, which was needed for the multiple water tanks required by the Town, the dog run for LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 our three animals, the outdoor entertainment area, or go to our storage spaces, none of which are within 30’ from our main residence. We ought to have the right to secure those spaces from wild animals. We regularly see coyote on our property, and have also seen deer carcasses with clear evidence of attack by another animal as close as 100’ from our home. While our kids have all grown up, we will no doubt have grandkids one day and want to be able to provide them with a safe environment and not feel hemmed in to a very small portion of our 4.3-acre parcel. We love the deer, and we designed our home to allow the deer and other animals free passage across our property, which they take advantage of every day. Any fencing that we would propose to be installed would meet the current Hillside Standards and Guidelines and would not interfere with the free passage of wildlife across our property. I respectfully ask the Commission not to approve an ordinance that is arbitrarily applied to any home in the hillside regardless of whether or not a problem exists, and ask that they work toward a needs-based ordinance to ensure free passage of wildlife across properties where it could be a problem. Thank you. LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 VICE CHAIR KANE: Thank you. Questions for the speaker? Seeing none, thank you very much. Peter Donnelly. PETER DONNELLY: Good evening, and yes, we’re related. My name is Peter Donnelly; I also live at 15305 Suview Drive. Been here for many years, and obviously went through building a house in the Hillside Area. As all of you know, in February 2017 the Town Council identified 16 ordinance priorities to be looked at. One of these, number 7, was the Hillside Fence Ordinance, and the objective for that review, and I quote, was to, “Make certain that fences do not interfere with the wildlife corridors, and those fences do not impede the movement of wildlife.” This objective could be achieved in many ways, but as I read through the proposed ordinance it’s clear a very lazy approach was taken and selected to achieve the stated objective. Instead of trying to determine where the problems exist and how to rectify things, a baseline assumption was made that the problem exists everywhere, and that every property regardless of circumstances should have the same rules enforced. This is akin to setting a 25 mile an hour speed limit on all of the roads in the United States simply because certain roads warrant a speed limit. Can you LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 imaging traveling along the freeway at 25 miles an hour? It’s nuts, isn’t it? It’s not more nuts than having people with two, four, five, or ten acres of property being hemmed into 30’ within their primary residence, and that’s not including any other things around our primary residence as it’s written right now. I respectfully ask the Commission to look for a solution that considers the circumstances of each individual property and enforces relevant rules to that property in a similar way you do with the FAR, which looks at the size of a property and determines how big of a house you can put on that property. Seems very reasonable. Think of a rule, think of a proposal, that follows the same approach. Or come up with a simple rule that says you must allow a 20’ corridor, or a 30’ corridor, or a 40’ corridor, in order for wildlife to pass through your property. That’s a simple rule. Another option for the Town to consider is to identify wildlife corridors that either exist today or that we wish to try to promote, and then establish rules around future developments to ensure those corridors are established or maintained. Think of it like a trail system LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 for the animals. If we can do it for people, why can’t we do it for the animals? We love having wildlife on our property, but we also enjoy using our property. All of these approaches that I’ve suggested are needs-based versus the one that’s been presented, which is arbitrary, punitive, and unnecessary, and I suggest that you not approve it. Thank you for your time. VICE CHAIR KANE: Let me see if there are any questions. I have a question. Regarding your analogy of doing 25 on the freeway, as I understand all of the provisions that are coming to us, whatever is there now is grandfathered. PETER DONNELLY: But if there’s damage to the fence, you have to comply with the rules as they’ve been stated. VICE CHAIR KANE: So if your fence is damaged, you have to stop from 85 and go to 25. PETER DONNELLY: Absolutely. And for those people who are still developing their property, we only moved into our house a little over a year ago, for those people who built houses, you know it takes a long time to finish a project. We had plans to put up fencing. They were discussed as part and parcel of our initial proposal. This LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 rule would basically say well, sorry, you can’t do them anymore. That’s a problem. VICE CHAIR KANE: Thank you. PETER DONNELLY: Thank you for your time. VICE CHAIR KANE: Thank you. Cathy Field, Tanya Kurland, and David Klinger. Mr. Klinger? Jeff Casale. Your name and address, sir. VADIM KURLAND: My name is Vadim Kurland; I live in 15275 Suview Drive. We have purchased the property recently and built a house on it. We are back-to-back neighbors with the Donnellys. Before we could purchase the property our seller, Peter Donnelly, had submitted the development application to the Town of Los Gatos Community Development Department. This application lists an environmental assessment form as one of the requested supporting documents, which in turn includes evaluation of the environmental impacts. One of the issues listed and validated by this document seems particularly relevant to the newly proposed ordinance. The issue is titled, and I quote, “Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species, or with established native residents or migratory wildlife corridors, or impede the use of native wildlife nursery LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 sites.” The determination was made in this study and it was no impact. It’s my understanding that the evaluation of environmental impacts and its findings were found satisfactory by the Community Development Department, since the project was given the green light to proceed. This happened in 2007. The definition of the issue I just quoted appears to match or be very close to the description of the problem that the proposed ordinance is trying to address. The house has been built according to the plans, and nothing has changed since then, so this would seem to indicate that the problem doesn’t seem to exist, at least for our property. In addition to that, when we purchased this land we have agreed to a large number of easements. Some of them are pretty substantial and were designed specifically to protect the wildlife. For example, we have an area of almost 7 acres that has been dedicated to scenic easement, and another area that has been dedicated to public access and designated trail easement. In addition to these recorded easements, we arranged for the corridor for the deer to migrate across our property, which they do every day, and we agreed to build a watering hole for the deer. As you can see, we have already gone to considerable lengths to accommodate and LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 protect the wildlife on and around our property. Our neighbors, and the Donnellys in particular, have done the same, and some of the projects we actually have done together. So I can see how the ordinance similar to the proposed one may be useful in some situations, but I think the goal can be achieved better by stating specific circumstances when it is needed, rather than creating a blanket policy that will require homeowners who do not need to apply to seek exemptions. A blanket policy like this creates unnecessary red tape and burdens on many property owners where adequate passage for the wildlife already exists. That’s all. VICE CHAIR KANE: Thank you. Questions for the speaker? Thank you very much. Cathy Field. CATHY FIELD: I’m Cathy Field; my family and I live at 15350 Suview Drive in Los Gatos. We’ve lived there for five years, and moved to Los Gatos in 2008. My thought on this subject deals more with the cost of housing that’s very high in Los Gatos, and that every time you place new regulations or new ordinances, it increases the cost of building; not just the cost of the permit, but also the cost of having somebody do designs, someone submit that to the Town, then the Town has to send LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 an inspector, and it goes on and on so that the increased inspection requirements then cause property taxes to increase, because they need to pay for the added work that the Town has to do in order to make sure the ordinances are followed. Additionally, Los Gatos homeowners would be at a disadvantage if the regulatory burden in our town were greater than imposed in other towns, if other towns do not have the same types of ordinances. Everybody has hillsides. And then putting yet another hoop for homeowners to jump through to improve their property will discourage some people from making necessary improvements. If their fence falls down, they may just leave it sort of toppled over, or half up and half down. Doesn’t look very good. Finally, and most importantly to me, is that all residents deserve the freedom to improve their property as they see fit and not be burdened by costly regulation. Thank you. VICE CHAIR KANE: Let me see if there are any questions. Any questions for the speaker? I have a question. Are you familiar with the Town’s intent, and it’s achieved consistently, that the projects that they undertake for the citizens are normally paid for by the citizens on a pay-as-you-go basis, and a neutral outcome LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that the fee for the service covers the expense of the service, so there might not be an increase in taxes. CATHY FIELD: I believe that could be true, but I think that eventually, if you add enough regulations, enough ordinances, you have to have people checking. Are people building these fences? Are they doing the right things? Do you have someone drive out there to check it? I just feel it’s usually not without some cost to (inaudible). VICE CHAIR KANE: I understand. You could be right. Thank you. Jeff Casale. JEFF CASALE: Hello, I’m Jeff Casale; I live at 17400 Phillips Avenue. Let me start by saying I didn’t expect to be back in front of this group so soon; I was here about a month ago for a project. First and foremost, we purchased in the hillsides, because we love the environment, we love the wildlife, and the freedom and the fact that you go there at night and you feel like you’re in the mountains. So I think there is a very strong desire to make sure that we can continue that sort of environment. I have a couple of real challenges with this. One is a broader challenge where I’ve become more and more educated with the process to put together regulations in LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the Town, and it can move pretty quickly, especially if you travel during the week and it’s hard to make these meetings, and you’ve got small children. There’s a lot going on here in terms of what can happen for these regulations to be passed. I wanted to make sure I came here tonight for a couple of reasons. The first one is I think we should be cautious when we add these regulations into the Town because of the unintended consequences, both for the people residing here and the people that might move here and have no idea that when they purchase their house they’re picking up all of these other moving targets that have been added. If somebody goes and buys a house next month, how are they going to know that this fencing was passed and this was part of it, and so we’re starting to create a lot of regulations that create a lot of complexity and a lot of surprises for people. But specifically, getting to the animals. We have a 4-acre property. We probably have about a little over a half-acre that’s fenced. There are very nice animal corridors, you see them all the time; they move pretty freely between all the properties. I come from the east coast. For me, I love seeing the deer. I don’t want them right up against the property. LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Lyme disease is a major issue. A lot of my fiends I grew up with have contracted Lyme disease. You don’t need to read peer review articles to know that wild deer getting closer and closer to houses and small children is going to increase the probability of ticks, and a preponderance of ticks carry Lyme disease. If we want to be able to have an environment where the intent is the animals can move freely, I think for the vast majority of properties that’s happening today, but I’m sure there are some that it’s not and I think the gentleman earlier that commented on a needs-based approach where we have that, I think that’s absolutely the way we should look at it. If I just think of my situation, I just went through a two-year process for an approval of an extensive change to the back. This would pretty much modify all the plans that we have in terms of the fencing and the way it would be impacted, because we have existing fencing. As you know from the rainy season, the storms, I’ve already had three trees fall on the fences that I have, so it’s going to be virtually impossible to pass this and not end up in a situation where people are constantly trying to figure out how do I repair my fences and what’s the rule? LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 VICE CHAIR KANE: Thank you, Mr. Casale. Thank you very much. Tanya Kurland. TANYA KURLAND: Good evening, my name is Tanya Kurland and I live at 15275 Suview Drive. I would like to further address the issue of Lyme disease and how lowering the fences would affect people’s health. I would like to bring your attention to the University of California Berkeley study that was done in 2011 and showed that areas where the fence limits have been removed saw a sequential drop in the population of the ticks, which is actually controversial because previously it was thought that fence limits kind of cleared ticks from the disease that would be beneficial, increasing of limits would be beneficial, but no, the study clearly showed that even removal of this beneficial host reduced the number of infected ticks. So if you cannot completely prevent (inaudible) access to our back yard, but it doesn’t mean that this should increase the number of ticks, but lowering fences and inviting deer and big animals. If you look at the size of the animals it’s kind of obvious that a herd of deer carry so many more ticks than small animals, isn’t it? So infected adult ticks that feed off deer have been discovered in Santa Clara County, right? You know where you live. LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 So what do experts advise? There is a section of the Bay Area Lyme Foundation website named “Create a Tick Safe Zone.” They advise, “Deer are important to ticks. They help ticks to produce by acting as (inaudible) bacteria. Don’t plant things that attract deer, and consider fencing to keep them out of your yard.” I also would like to bring your attention to Chapter 30, Neighborhood Preservation, of Town Code Section 3010.010, Purpose, it says, “This chapter is adopted to promote the health, safety, and welfare of the residents of the Town of Los Gatos, and in enhancing and preserving the quality of life and property values in the town.” And I think that the proposed changes will decrease the hillside property value and increase the odds of people getting sick from Lyme disease. Therefore, I believe that that proposal contradicts the very purpose of the Town Code, and I ask the Commission to deny it. Thank you very much. VICE CHAIR KANE: Thank you very much. Questions for the speaker? Thank you. Ali LeClerc, David Foley, Katrina Brinkman. ALI LeCLERC: Hi, my name is Ali LeClerc and I am a resident at 15951 Quail Hill Road, which is a hillside property. LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Just a bit of background. I was lucky enough to grow up in Los Gatos, started at Blossom Hill School all the way through Los Gatos High. A big part of my childhood was spent outdoors at my parent’s house, which was a big contributor to my athletic career here; it got me into Yale University, where I graduated a few years ago. Just three months ago my husband and I bought a house in Los Gatos on the hillside, and now as we start our own family here I’d like for our children to have a similar experience to what I had growing up here in Los Gatos, and I fear with this proposed amendment, they won’t. Besides the obvious points that many people here have made today around the impact on property values, the damage wildlife can wreak on expensive landscaping, and the cost of making any changes to my own back yard, I guess I’m slightly bothered by the attitude around how this will really affect the safety and the health of not only residents, but of children here in Los Gatos. What kind of devastates me is that we’re considering the protection of wildlife as more important than the protection of children, and obviously with one on the way, this is very high on my mind and a big priority for me. So the fact that I might have to worry about leaving my kids alone in the back yard saddens me. I think they won’t be safe. It saddens me to LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 think about the potential health concerns that have been brought up around Lyme disease, around the fact that wildlife will be in very close proximity to my children, these are all things that worry me. So with that, I sincerely hope that as this proposal is concerned that you take into account the ramifications on the quality of life that this will have on residents of Los Gatos and around children. Thanks. VICE CHAIR KANE: Thank you very much. Questions? We have a question. Commissioner Hanssen. COMMISSIONER HANSSEN: Do you have a fence at your property now? ALI LeCLERC: We do. Our issue is that we just moved three months ago and our back yard is dirt, so if we’re going to make any changes at all, this will significantly impact those changes, if we add any play structures, et cetera. COMMISSIONER HANSSEN: And you’d want to put fencing around that? ALI LeCLERC: Exactly. COMMISSIONER HANSSEN: Thank you. VICE CHAIR KANE: Thank you. Mr. Foley. DAVID FOLEY: My name is David Foley; I live at 311 Santa Rosa Drive. We’ve been there since 2004, and like LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 many other speakers here tonight, we really enjoy the wildlife. Our property does have a fence around it right now, and when I read this proposal it says that the goal is to not eliminate migratory paths for the animals, and as was mentioned earlier, I think a much better solution would be to make sure that there’s a corridor between properties as opposed to fencing us in 30’ from our property. Essentially what that would do is cut off everything but our most basic yard; all of our entertainment areas, our barbecue space, the play area for my son, all of those areas would have to be outside of a fence. And as I read the proposal, any changes were made, you would have to then pull down the fence that’s there, and I don’t think that’s appropriate. I also believe that there is a lot of health and safety concern. We have a lot of deer; we have a lot of bobcats that run along our fence line. We see them along the fence line all the time, and we’re happy that they’re that far out. We don’t want them much closer to our house. So I would ask that you consider all the feedback that you’ve gotten tonight and not approve this. LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 VICE CHAIR KANE: Let’s see if there are any questions. I have one. About a minute ago you said if the fence fell down or came down, you’d have to… DAVID FOLEY: We’d have to adhere to these new regulations, and if we wanted to change that part of the fence we’re now going to have a fence that’s one height at one place and half the height in another place. VICE CHAIR KANE: Let me seek clarification. Is that accurate? JOEL PAULSON: If it’s greater than 50% of that fence segment, then yes, as it’s currently written. VICE CHAIR KANE: So if a small section came down, it would appear that’s not the case. But if half the thing came down, that might be the case. DAVID FOLEY: Right. VICE CHAIR KANE: All right, thank you. Katrina Brinkman. KATRINA BRINKMAN: Good evening, I’m Katrina Brinkman. I live at 308 Belgatos Lane, next to Belgatos Park in Los Gatos, with my husband and three children. The park next to us connects to multiple open spaces and is heavily visited. I love the wildlife in our area. In the last week alone I have seen coyotes, squirrels, rabbits, owls, Norway rats, wood rats, lizards, LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 deer, hawks, turkey vultures, and wild turkeys on my property. The coyote was 10’ from my goat and 10’ from my puppy, which was outside the pen. Occasionally there are bobcats and snakes. I don’t find the 30’ guideline a one-size-fits- all option for several reasons. Keep in mind that your note states that these affect 25% of the properties in Los Gatos, if what I read on the last paperwork on your website. My concern is that I would need to adhere to these new guidelines if I needed to do repairs. A case in point, a car takes out the front of my fence, I may have to replace the whole thing. Here are some issues that I’ve dealt with in the last four years. More than 35% of my property line is shared with Belgatos Park, and another approximately 35% is shared with an uphill neighbor who has an upper road with a retaining wall. A great deal of my land in the back is over 40% slope. I have goats that take care of the steep back yard, and I have a large portion of my yard as open space easement anyway. We moved into an existing space that was completely enclosed with high chain-link on the park side and one of my neighbors, and a metal rail fencing around the 1.7-acre property. I have a corner lot that is pie LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 shaped with a stop sign at the lower point next to the park entrance. This does not stop deer or any animal from enjoying my yard. Your guidelines don’t mention shared property fences with the town parks. I am one of the few properties over there next to the open space that does have fencing. Less than a 60” high fence and only 30’ from my house would allow dogs and people in my yard. Also, the fencing at the park does not keep out people at the night. I am still working with the police department about a man that has been harassing me verbally for over two years, and threatened to kill my child and me in the last year. This issue has gotten better since April. The fencing in front keeps out teen smokers and dogs off-leash. This occurs daily at the empty lots next to me, so if I start losing my fencing in front, it becomes a free for all, as it is in the park at occasion. I’m still trying to get the geocache taken out of my front yard that is next to the fencing. Back half way through the property does have a split rail to keep my goat inside and my dog outside the area. Not having a barrier in the split rail fencing around my house would not keep my dog in, in general. I’m looking LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 for guidelines on how to keep the deer out, even though I’m completely fenced in. If these changes were made, I think it would be impossible for me to live here based on the proximity to a park, and would be difficult to sell if I start losing fronts of my fencing. Thank you. VICE CHAIR KANE: Questions for the speaker? Ms. Brinkman, I lived for a long time on Belvue, not too far away, and I know the issues with the park, and I guess they’re still there. Is Belgatos considered hillside? KATRINA BRINKMAN: Where I am, I’m hillside. VICE CHAIR KANE: Because of your slope? KATRINA BRINKMAN: Because of my slope. There are four properties on Belgatos Lane that are hillside. VICE CHAIR KANE: All right, thank you very much. Cindy De Santis, David Fox, Lee Quintana. CINDY DE SANTIS: Yes, hi, Cindy De Santis, 16860 Cypress Way, Los Gatos. We’ve been there for about 18 years, and I want to address enforcement problems. Even if we should do this, the Town has no means to do it. We have a hillside neighbor who without permits has built a guesthouse behind his house; he’s built two pools, all on what the old maps call “the old landslide;” he’s built a cantilevered driveway, 80’ long; he’s covered LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 over four large oak trees; he’s built drainage without bearing pipes or putting a diffuser at the end; he’s removed the native plants and the hardscape; and now he’s putting in palm trees; he’s installed bright lights and is not turning them on, so I guess that’s okay to have those there; and he’s also built stacked walls, one that’s 7’ high and one that’s probably 80’ high on filled land, and that one is seven blocks. What are they, 7” apiece? All of these are breaking the hillside code. In the last 15 years the Planning Department and the Legal Department have not been able to enforce the current codes due to lack of budget and manpower, not even to impose fines. How can they be expected to enforce these new fence codes if it’s going to affect 25% of the population of Los Gatos? It’s just not practical. We need to spend more time trying to keep the hillside codes that we have functioning. I’m on an acre of land, and I have my back yard fenced in, which is probably less than half of the property, and the whole front is an open corridor for animals, where we have quite a few; the deer basically live there, they don’t just travel through. Thank you. VICE CHAIR KANE: Questions for the speaker? Commissioner Badame. LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR BADAME: Can you repeat your address? CINDY DE SANTIS: 16860 Cypress Way. CHAIR BADAME: And your neighbor’s address? CINDY DE SANTIS: You can talk… Joel knows all about this. They have been trying very hard, but it just involves so much time. CHAIR BADAME: Thank you. VICE CHAIR KANE: I just spoke to the Assistant Town Attorney about what you were saying, and do we have any comments on the development of the situation? JOEL PAULSON: We don’t have any comments. We have been working for a long time. This is a very longstanding issue that goes back a decade at least. CINDY DE SANTIS: 2002 is when we were in this meeting trying to… JOEL PAULSON: So there’s a lot of history. I’ve passed that up to the Town Attorney, and we are looking for solutions. We will be meeting next week, the Town Attorney, code compliance officer, and myself, and try a different tactic, because the tactics to date have not been successful. VICE CHAIR KANE: It’s frustrating not to have the ability to do something about a report like yours, and I’m sorry for your trouble. LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CINDY DE SANTIS: Well, there have been so many breaches of the hillside code, but we have to go through all this due process, and it’s very time consuming, and we just don’t have the manpower or the budget to just stay on it and finish it. VICE CHAIR KANE: Thank you, Ma’am. David Fox. DAVID FOX: Excuse me, in my haste to send Mr. Mullin the exhibits today I erroneously substituted the wrong sheet for Sheet 3, and Sheet 3 just shows a diagram of where you would have designated setbacks. VICE CHAIR KANE: Thank you. Let’s run the clock over, please. (Mr. Fox puts stuffed animal on the floor.) VICE CHAIR KANE: Is it going to move? DAVID FOX: That would be the idea. VICE CHAIR KANE: Then put it up on the table so we can see it. DAVID FOX: My name is David Fox, 50 University Avenue, Los Gatos. I’m a landscape architect. I spend most of my days doing design work for the residents of Los Gatos in the hillsides. What my clients are mainly interested in when it comes to fencing is security, containment, and safety. They want security for their property from two- LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 legged and four-legged predators. They’d like containment for their children so the balls aren’t going down the hills all the time, and they’d like the safety of being able to let their pets and animals outside without having to worry about the coyotes and all the things that come up and sniff their sliding glass doors daily if they don’t have fencing. This is a partial map of the Highlands of Los Gatos. The hatched areas are scenic easements that we put in place when we got the PD done for the Highlands, and as you can see, they cover pretty much half of the lots. Those are very wide corridors for wildlife; some of them are in excess of 100’ wide. That’s one solution that we could do. Some of the people had suggested doing designated corridors. This is an example of designated corridors. Let’s say a 40’ rear easement and 20’ on the side. If you had adjacent properties, it would yield you a 40’ corridor. If you had rear property lines together, it would give you an 80’ corridor for passage, but it would still allow for the people that live on the lots to fence enough of the property that they could contain the design items that they have and provide a measure of safety and security. On the first page of the Desk Item that I sent, that’s a real lot; that is a lot I’m working on today. The proposal that my clients and I are working on is only 2% of LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the lot. The area that would be the eating area and the dining area is only 2% of the lot, and yet under the current proposal they couldn’t even fence that, even though it’s only 2% of the lot and 98% of the lot would be free. I think that the other people have said it very well, that it should be on a need basis and not be slapped down that every single lot is the same, and therefore we need to do the same thing on every single lot. And just to give you an idea, our friend here, from where I am standing right here, from here to that wall is 40’. I’m pretty sure the raccoon could amble his way up a 40’ corridor. Were it the back property lines, it would be double this width. If we impose something like that, or if you have scenic easements, or if you do it on a need basis, you’re going to get the corridors that you want, but you’re still going to allow the people to use their properties. I would urge you to turn this down. Thank you very much. VICE CHAIR KANE: Questions for the speaker? Mr. Fox, we received many excellent letters, and yours was one of them. Thank you. DAVID FOX: Thank you very much, sir. VICE CHAIR KANE: Lee Quintana. LEE QUINTANA: Lee Quintana, 5 Palm Avenue. I don’t know where to start, actually, because I want to LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 respond to some of the things that were said, but I also want to make an overall comment to begin with. When we’re considering the Fence Ordinance right now, a lot of the comments that are being made are specific to the Fence Ordinance and individual homeowner’s desires, but the Fence Ordinance that’s being proposed is simply a matter of codifying what is already in the Hillside Design Guidelines, the General Plan, and the Tree Ordinance, and aside from that, when you’re looking at a specific area of a plan you also have to relate it to the whole Hillside Standards and Developments and the overall intent of them, and I don’t have the verbiage in front of me, but a lot of it is maintaining the natural character of the hillsides, maintaining the trees and the wildlife, just the aspect of the hillsides that is natural, and so I want to put that in context. People choose to live in the hillsides, and when they choose to live someplace, just like when I choose to live closer to downtown, there are certain things that affect me that don’t affect the hillsides, and vice-versa. If you choose to live in the hillsides, you’re choosing to live with these things. I’d like to address some of the things that have been said. I believe that there is a lot of misconception LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that has been said. People talked about fencing in their vineyards. That would be allowed by this ordinance. They talked about fenced playgrounds that are farther from their house. They could be fenced in. It’s allowed by this ordinance. (Audience noise.) VICE CHAIR KANE: I need you to not do that. That’s disrespectful, and we want to be respectful. Thank you very much. When the speaker is done, I’ll check the point, but not now. Please continue, Ms. Quintana. LEE QUINTANA: You are allowed to have non- wildlife friendly fences around your house to 30’. It’s not a question of you can’t have any protection. Repairs, I think that’s already been mentioned. If it’s just a section of the fence, they can be repaired, they don’t have to be replaced to meet the new standards. If they exist, they don’t have to be replaced to meet the new standards. And permits, I think that is a question that you are going to address, and I personally think that we need to find a way that fences would not be subject to the total cost of a Minor Residential Permits, but that would be on a time and cost basis or something of that sort. LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Lyme disease. I think Dr. Weissman will be addressing that. Okay, that’s it. VICE CHAIR KANE: Questions for the speaker? Commissioner Janoff. COMMISSIONER JANOFF: Thank you. You mentioned that the provisions of the proposed changes are already included in existing Town documents. Can you point—because I didn’t see it in the material I have looked at—where the 30’ from the house is in existing Town documents? LEE QUINTANA: It’s in the Hillside Development Standards and Guidelines, and if I could elaborate on that, Dr. Fox suggested that you consider a change in that to 30’ from the approved development area. Well, that’s a huge loophole, because if you design your house to have a large patio with an attached playground, and attached barbecue, and attached swimming pool, and attached accessory building, dog run, whatever, all within that developed area, then this could be a huge, huge area. I may get in trouble for saying this, but I agree that 30’ from the house may not be adequate. Maybe 40’ is more reasonable, but not an open-ended ability to get an approval and then add to it. And like I said, swimming pools, I believe accessory structures, they’re all allowed LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 certain things, but they can’t necessarily if they’re more than 30’ connected to the house. VICE CHAIR KANE: I think you’ve answered the question. Thank you very much. LEE QUINTANA: Yeah, I have. Sorry about that. VICE CHAIR KANE: Other questions for the speaker? Thank you. LEE QUINTANA: Could I just ask you to check on the 25% of the population affected by this ordinance? I don’t think 25% live in the hillsides. VICE CHAIR KANE: I’m sure Staff will make a note of that. I have a question for Staff. A comment was made that if I had a playground outside the 30’ perimeter, that I would be allowed to fence that area for the protection of the children. Is that accurate? JOEL PAULSON: I believe Ms. Quintana is referring to the exceptions, which are on page 6 of Exhibit 8, and the first one is fencing around swimming pools, outdoor sports courts, and similar structures. I’m assuming she’s lumping playgrounds into similar structures, and that would be the exception. There’s nothing in the code currently that explicitly says playgrounds. VICE CHAIR KANE: But there would be some wiggle room to look at that? LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL PAULSON: There would be, yes. VICE CHAIR KANE: Thank you. Rick Tinsley, Steve Doughty, and David Weissman. RICK TINSLEY: Hello everyone, my name is Rick Tinsley; I live at 16555 South Kennedy Road. I’ve lived there for 16 years, and that’s about a mile-and-a-half out of town, and it is hillside. The proposed ordinance is, quite frankly, very burdensome and completely impractical. During the 16 years that I’ve lived in my property I’ve from time to time grown grapes, blueberries, blackberries, figs, lemons, nectarines, pomegranates, all sorts of vegetables, flowers, and ornamental plants, of course. None of these would have been at all possible if not for a fence surrounding the area where I grow things, which tends to be all over my property, that would be in direct conflict with the guidelines. And granted, that’s already built historical, but I’ve been there 16 years. I just built the third fence. Fences don’t last forever; they have a finite life. Essentially this ordinance would prevent anyone from, let’s say, enjoying their property the way I have for the past 16 years. The reality is hillsides have very limited planting zones. Not planting zones as nicely defined in the LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 geometry of the proposed ordinance, but there are slopes, trees, sun exposure, irregular lot sizes and shapes, and so forth that limit where various items can be planted. This ordinance effectively prohibits all but decorative fences, and with the thriving deer population we have, it’s pretty clear that the explosion of development that we’ve seen, certainly since I’ve been in town over the last several decades, and the explosion of fences that would be in direct conflict with this ordinance, have not put a dent in the deer population. Anyone who thinks actually the deer population has suffered by virtue of these types of developments, I invite you to come over to my house early some morning or late in the evening sometime. Probably the deer population here is at an all time high, and I would grant any of the well-intended people who are concerned about that to provide any empirical evidence that deer have actually suffered. I’m from the east coast, and there many towns have sort of already gone through this cycle of protecting deer, and now actually getting rid of deer, because they’ve become too numerous, which creates all sorts of other problems. In terms of insects, we’ve heard a lot about ticks, and we’ll hear a lot more about ticks. Again, I grew LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 up on a farm, I know all about ticks, I’m not afraid of ticks, but fleas one summer actually prevented my kids from using their playground, the trampoline and the play set. This was many years ago when our kids were small, and it’s one of the few flat places on our property and the deer love to lie there in the afternoons, and we thought they were beautiful of course, but the play yard became so infested with fleas my kids couldn’t use it for the entire summer, and we all were covered in flea bites that summer. From a practical standpoint, this ordinance is non-enforceable. I mean we could talk about leaf blowers and all the other things that are mentioned with hillside regulations. The mark of a good government is a legislature that doesn’t pass laws that it has no capability, nor, honestly, the intention of enforcing. So in summary, and most importantly to me, with all the very real and very serious and evident problems we have with traffic, parking, school crowding, school quality, and a $50 billion-plus unfunded pension liability, I really want to know why is our government choosing to fight this particular fight? I encourage you to reconsider A) What real problem we’re actually trying to solve, and B) whether this is the appropriate solution. LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 VICE CHAIR KANE: I’m going to thank you, Mr. Tinsley. Let’s see if there are any questions for the speaker. Commissioner Burch. COMMISSIONER BURCH: I was going to ask a question of Staff, is that okay? It has to do with what the speaker said. I want to make sure I’m reading the exceptions correctly. In Section E, #3, it says, “Enclosed fencing around vineyards, orchards, and vegetable gardens do not have to be wildlife friendly.” Is that anywhere on the property, or is that limited to within 30’ of the home? JOEL PAULSON: That’s anywhere on the property, but believe Mr. Tinsley was referencing… He didn’t necessarily have an orchard, he just had various trees planted around, and so he fenced in his… COMMISSIONER BURCH: Yeah. And then that wouldn’t necessarily, because it’s not a designated… JOEL PAULSON: We’d have to look at that on a case-by-case basis. COMMISSIONER BURCH: Okay, thank you. RICK TINSLEY: If I could respond to that. VICE CHAIR KANE: There was no question. What’s your response? RICK TINSLEY: Practically speaking, I do, I have trees, and Joel has been out, he knows what my place looks LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 like. I have trees in various places, and grapes on the north side of the hill, and the vegetable garden in one of the few sunny places where I have enough sun to grow vegetables. I could build like three or four or five or six small fences, which would be of course an incredible eyesore to do that, versus a perimeter fence around the back half of the property, which is what is the common sense solution that most people use today. VICE CHAIR KANE: Thank you very much. Mr. Doughty. STEVE DOUGHTY: Okay, I am no where near as eloquent, and I would probably say as prepared as everyone else, but I am a Los Gatos resident since 1959 and I can assure you that I agree with everyone on the deer population. When I grew up it was a blue moon to see deer, coyote, or whatever. I do live up on Suview Drive; I have three-and-a-half acres, which I worked very hard to buy. I grew up on Kennedy, like I said, and I think that now I have more deer and animals than I do have mice running around on my property. I mean in all honesty, they’re there all the time. I love them, we don’t mess with them, but I will tell you the closer the deer are to our property and our kids and our dogs, we do get ticks, we get fleas, and LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 we have been putting in an active effort to try to push them back a little bit. I can assure you, they’ve probably chewed up $20,000 to $30,000 worth of my gardens, so it’s not that I wish to get rid of them, but 30’ wouldn’t even put my guesthouse within my property limits or my pool, or my gardens, or my garages or anything. So I think that the rule of one rule fitting everybody’s different property is not good. I do believe that up where we live we have 25 acres with seven homes, and everyone has only a small portion, fenced. The deer roam on the roads, they’re everywhere, the coyote, the fox, we even have a lynx that’s up all the time; I see it in my back yard. So the animals are all over. Really, the biggest thing for me is I moved back into Los Gatos so that I could have more space, and I believe that it’s just too cumbersome, someone telling me that I’m stuck within 30’ of my property. I didn’t spend that kind of money, and I know these people didn’t spend that kind of money, to live up on a hill with a view to be told 30’ is all you get. If you have more land, because if I come down into the neighborhoods and I look everywhere else, everyone’s property is fenced all the way to the hilt and you see all the animals running around in the streets. LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 So like I say, I’m not as eloquent, and I am a contractor, and since this issue has come up, I work on all the big houses. I’m a drilling contractor all over and up and down the valley, and I can assure you the black cyclone fence is used everywhere, and you see them in Woodside, Portola Valley, all over the place, and I do agree with the gentleman, they are definitely quite invisible, so I think it would be bad to limit that one. But case-by-case basis I think is good. One rule for everyone, I just don’t agree. So please, let’s nix it. VICE CHAIR KANE: Thank you. Questions for the speaker? Seeing none, thank you, again. Dr. Weissman. DR. DAVID WEISSMAN: Dave Weissman. In asking for a revision of the current Fence Ordinance we attempted to get codified various goals and standards already listed in several locations within town documents. Specifically, already in town documents are the following: The Town’s 2020 General Plan use states, “Preserving riparian corridors and wildlife habitats in new and existing developments.” The Hillside Guidelines similarly call for the following: “Protecting wildlife corridors and avoiding wildlife usage areas to the maximum extent possible.” Toward that goal the Hillside Guidelines require that, and these are all quotes, “Fences shall not LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 be allowed in areas that would impede the movement of wildlife.” Two, “Only open fencing shall be located within 20’ of the property line adjacent to a street.” Three, “The photograph on page 43 of the guidelines, “Rural character of hillside fences allow wildlife to pass through,” and lastly, four, “Deer fencing shall be limited to areas around ornamental landscaping. Large areas shall not be enclosed.” And what do the Hillside Guidelines say about hillside areas and the planting of ornamental landscaping? Very clearly, “Formal gardens shall be limited to locations immediately adjacent to the house, such as entryways or small gardens at the rear, and all such formal plantings shall be within planting zone 1,” which is defined in the document as within 30’ of the house. Move farther than 30’ house, according to both the Hillside Guidelines and the Tree Protection Ordinance, and only native species are allowed. So, we have a Tree Ordinance that protects the trees in our hillsides, but a forest without its animals is both non-sustainable, and now recognizes an important resource and environmental issue as discussed at the last fence meeting by three environmental organization experts. LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 It is also very frustrating to have citizens complain about their perceived inability to protect their current orchards and vineyards, repair their current fences, and protect their pets and children. These objectives are all permitted under the proposed revisions and within the framework of the goals and standards of the hillside guidelines. And once again, deer in California are not a major carrier of Lyme disease ticks. Living in the hillsides of Los Gatos is a balance between property rights and ecological sustainability. We have to share our hillsides with the animals that have lived there before we did. I think that these revisions strike a good balance, and I urge their passage tonight, as recommended by Staff. VICE CHAIR KANE: Thank you. Questions for the speaker? Commissioner Badame. CHAIR BADAME: The last speaker spoke about a black chain-link fence, as did another speaker. Was there a reason why this couldn’t be considered as plausible under the new amendments, a black chain-link fence? DR. DAVID WEISSMAN: Because animals can’t pass through it. If you look on page 43 of the Hillside Guidelines, there is a picture of a rural open animal LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 friendly fence. All we’re asking is that this become the standard for those areas of hillside properties that are greater than 30’ from the main house. There are exceptions built in for various sorts of things, and people have the option of coming into the Town and speaking to the Community Director, or coming to various sources to get exceptions for play yards; we’ve already got the pool exceptions and other things. But a chain-link fence is not animal friendly. CHAIR BADAME: Thank you. VICE CHAIR KANE: Thank you. Other questions? Commissioner Janoff. COMMISSIONER JANOFF: The same question as before. The Hillside Standards and Guidelines indicate a 30’ distance for purposes of landscape ornamental planting around the house. DR. DAVID WEISSMAN: Yes. COMMISSIONER JANOFF: Can you point to the area in the Hillside Development Standards and Guidelines that specifically speaks to a fence at 30’ from the house? DR. DAVID WEISSMAN: If you look on pages 42 and 43 in the Hillside Guidelines. COMMISSIONER JANOFF: I’m looking at pages 42 and 43. LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DR. DAVID WEISSMAN: There are a number of statements, which I just read. This is page 43: “Deer fencing shall be limited to areas around ornamental landscaping. Larger areas shall not be enclosed.” Still on page 43: “Fences shall not be allowed in areas that would impede the movement of wildlife.” Page 43, also: “Only open fencing shall be located within 20’ of the property line adjacent to a street.” COMMISSIONER JANOFF: So you’re equating the deer fence with the 30’ restriction that’s speaking to the landscape designs. That’s not a direct link, but you’re making that connection. Thank you. DR. DAVID WEISSMAN: What I’m saying is that landscaping is limited to within 30’ of the house, because that’s Zone 1. When you get farther than 30’ from the house, the Hillside Guidelines on I believe it’s page 52 say that only native plants can be planted. So people that are asking for fences out farther than 30’ for their ornamental landscaping, the landscaping itself is in violation of the Hillside Guidelines and also the Tree Protection Ordinance. VICE CHAIR KANE: Other questions? Commissioner Hanssen. LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER HANSSEN: I wanted to talk about the exceptions, and I’m just going to come up with a hypothetical example. So you have a property that’s, say, four or five acres, and the house maybe takes up less than half an acre of the property. I don't know if that’s valid from a FAR perspective. But so the house is there. DR. DAVID WEISSMAN: It would be a big house. COMMISSIONER HANSSEN: And they decide that they want to do the ornamental landscaping and they stay within 30’ of the house, but then they want to build a swimming pool over here, and play structure over here, and some other outdoor use over here, and then they want to have a chicken coop somewhere else, and so how do you see that playing out in terms of fencing? They’re spread out all over the link. Are they going to have like little islands of fences all over, or are they going to put a fence all the way around, or how would you see that? DR. DAVID WEISSMAN: Town codes already require fencing around swimming pools. There is the General Plan, in Section E-1, Fencing Around Swimming Pools, Outdoor Sports Courts, and Similar Structures.” We could certainly make that more specific to playground areas. And yes, you could put separate fencing around these structures, which would certainly be preferable. LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Audience noise.) VICE CHAIR KANE: I’m not really seeing the humor in this. There are some important decisions to be made, and there are values at stake, there are hillsides at stake. So let the speaker continue, please. DR. DAVID WEISSMAN: That would be preferable to putting a fence around the whole four or five acres or whatever, and the property owner has the option of coming into the Town—and we’re obviously not going to think of all eventualities—but coming into the Town and saying, “This is what I’d like to do. What do you think?” And the Community Development Director has that option to make that exception. I mean what we don’t want to do; we’ve already got these requirements in the Hillside Guidelines. Either change the Hillside Guidelines or let’s make them enforceable. We’ve got this vision. COMMISSIONER HANSSEN: I think you answered my question. Thank you. DR. DAVID WEISSMAN: All right. VICE CHAIR KANE: Thank you. Other questions? I have question. I know that you’ve worked on this for months and months, if not years and years, the same with protecting trees and you always seem to be there, but on LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 this one you’ve actually worked with the Staff in developing some proposed language. DR. DAVID WEISSMAN: Yes. VICE CHAIR KANE: Now, the Hillside Standards and Guidelines are wonderful reading for those who live up there and how much this goes to protect you. My name is on it, in 2008 when Town Council approved this document. Lee Quintana’s name is on it, and we’ve really tried to passionately, albeit appropriately, to protect and defend anything concerning those precious hillsides. So there may be some immediate bumps we have here, and the issue of respect earlier, and I may be getting out of turn, but Lee and Dave have gone to hell and back to protect those hillsides. I just want to share that with you. So you’ve got a worker on your side, even though we currently seem to have a bump that we will try to find our way around. Thank you, Dr. Weissman. Michael Michaelis, Lisa Doughty, and Todd Gummow. MICHAEL MICHAELIS: Mike Michaelis; I live at 6800 Cypress Way. I wasn’t going to speak on this, but obviously a lot of people have… You’ve seen a sense of a dichotomy between people that live in the hillside and people that don’t, especially when it affects the wildlife. LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 At least from a layman’s perspective there’s a lot of wildlife there, and the problem is they’re coming down to feed more easily than they can where we’d rather they lived, where they have vast open spaces. I think you’ve heard from people that have really been impacted by them. You’ve also heard from people that maybe haven’t been impacted by them and think we ought to restrict things more. Well, the Hillside Standards and Guidelines were originally guidelines, and now they are gospel, and it affects what people can do there already. But I worry about the sort of discriminatory presence between people in town and the people who live in the hillsides, and what right they have to enjoy their own property and follow the guidelines you're supposed to. I really came to speak about the permitting process, and why the standards for building a fence in town should be different than building in the hillside. Why there should be $2,200 fee and a review process to build the same fence in the hillside that there is in town. The government here exists to serve the interests of all people. We all pay the same taxes, and we all should get the same service that provides the protection that we deserve for our property, our children, the landscape, and ourselves. LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I just look to the Town to be equitable in how you deal with this. It’s a tough issue, this interface between the human population and the animal population, but that’s life and that’s the world we live in. I think the Town has done a fairly good job of doing this over time. Los Gatos is still a great place to live. We all live here, we enjoy it, and I think we’ve maintained this sense of Los Gatos and what it’s about. VICE CHAIR KANE: Thank you. Questions for the speaker? Thank you very much. Lisa Doughty. LISA DOUGHTY: Yes, hello, Lisa Doughty; I live on 15284 Suview Drive since 2005. Previous to that we lived over on Kennedy Road for about five years, 1985-1989. During the time that I’ve lived here I have never seen an issue with the animals being able to migrate or get around or feed themselves in any way, and my question to you is why? Why are we doing this? Because they’ve increased in size and population and species over the time that I’ve lived here, and obviously the ordinances that are in place have been doing their job, so why are we changing them now to something that is totally unreasonable to the human population? This ordinance does not take into effect every single hillside property, and every hillside property is LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 60 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 different in its own way. Ours is tiered. Are we to have a different fence on every tier? Because we built on tiers, because we’re a hillside property, and with a very small percentage of development on our 3.5 acres there’s more than enough land for animals to migrate and grow, to populate. I’m sure they feed off a lot of vegetation, whether it be natural vegetation, deer friendly vegetation, or deer resistant vegetation, they eat everything, so I’m sure we are feeding these animals as well. I do not understand why we cannot just keep the ordinances that are in place. They’re working, and we don’t need to do anything else, because I would like to know where the problem is. Where are they not migrating to? Where’s the bottleneck? I can’t see it. So I propose that you just disregard this. VICE CHAIR KANE: Thank you very much. Questions for the speaker? Thank you. TODD GUMMOW: Hi, my name is Todd Gummow, 17144 Mill Rise Way. My wife and I have lived there for over 25 years now. When I first heard about this ordinance I didn’t think it involved me, and I wasn’t concerned about it until I actually read it today, because I thought the large homes that sit on like 10-20 acres on the side of the hill, you LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 didn’t want them fencing it in. I understood all that, but we actually live on a flat acre, and it deals with us as well. And a lot of our neighbors are on flat parcels. According to this rule I couldn’t have my enclosed yard the way it is now, because I have the black galvanized fencing on the back yard, and I have about 15’ of fencing that’s within 30’ of my house, so basically if any of that gets damaged, I can’t replace what’s there. I have three dogs, I’ve got young nieces, and my children are grown but I expect to have grandchildren someday, and I don’t want to have to have this 42” animal fence that they can climb over and get to Kennedy Road. Then on the front of our property we have two large brick walls that are about 20’ wide each that were there when we bought the property. If one of those got damaged, we couldn’t replace it, because of the rule. I think it’s over 50’ or over 25% is the way it’s written now, and so the problem I have is if a truck comes and hits one of our walls out front, this lovely old brick wall, we couldn’t replace it; I’d have to put a 42” animal fence. Obviously I agree with a lot of what they say about the hillside homes, but it’s too broad. You’re actually dealing with homes that are much smaller, on flat parcels that are actually usable acreage, not ten acres LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 62 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 with nine of it unusable, so the way it’s written just doesn’t make sense. That’s it. VICE CHAIR KANE: Thank you. Questions for the speaker? Thank you very much, sir. Shoshana Ohriner followed by David Klinger. SHOSHANA OHRINER: Good evening, I’m Shoshana Ohriner, 14320 Arnerich Road, and I agree with much of what has been said tonight, but I want to speak to something very specific about fair and reasonable use of the property. There are exceptions in this proposed ordinance for fencing vineyards and fencing enclosures for animals, but I wanted to speak about responsible livestock care. The zoning for the Hillside Area allows for livestock, and what is considered good practice for sustainable livestock management is rotational pastures. That means you put the animals in a small piece of your pasture. The next week you move the fence, you put them in a different piece of the pasture, let that first piece recover. You do that through four or five different pastures. What that does is it prevents erosion, it allows the land to regenerate better, and it increases the water holding capacity of that land, making it more drought resistant, all of which are things that are highly important in a dry hillside area. LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The proposed ordinance has the necessity to apply for a more than $2,000 permit for any fencing you want to put in. My concern is that this will encourage people, rather than moving fencing, because it’s unsustainable to apply for a $2,200 permit every week, every month, whatever that might be, to instead enclose a much larger area than necessary permanently with subdivisions so that you have that rotational pasture, and it would then go opposite to the purpose of this ordinance, which is to provide more open space for wild animals. So instead of having the deer be able to come through two-thirds of the property most of the time, that entire area would then have to be closed off permanently in order for people to be in compliance with the ordinance without having to continually apply and spend the money and the time and all of those things for movable fencing. So while I agree with much of what has been said here about whether or not this ordinance should be passed, and I think that one-size-fits-all is not a sustainable option. If this ordinance does go forward, I strongly, strongly urge you to increase the exception for the use of livestock to include the possibility for moveable fences within an area to allow people to sustainably keep their pastures the way that makes the most sense in this region. LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 VICE CHAIR KANE: Thank you. Questions for the speaker? Thank you very much. David Klinger. DAVID KLINGER: Thank you, I’m Dave Klinger at 141 Potomac Drive. I’m speaking now, and I don’t wish not to compete with the hillside issue, because it’s a real issue that needs to be discussed. I would like to talk about the flatland residential fence height. I have written a letter to you. I also wrote a letter to City Council where I tried to go into more detail; I didn’t see it in the package tonight, but perhaps it’s there. The bottom line basically is that many, many fences in the flatland area are higher than 6’, which is the standard. Having talked with Staff, almost no one applies for an exception for that, and there is very little enforcement action, according to the code compliance officer. So people are okay with fences higher than 6’. My request is that Staff be directed to determine whether in fact there is widespread noncompliance with this ordinance, and if there is, is that acceptable to the Town that many people don’t comply? And third would be to bring back some options for how to bring people into compliance, because many people are not in compliance right now, I’m absolutely sure of that. LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A simple solution that I have proposed—there may be much better ideas—would be to stick with the 6’ high. If people want to go 7’, which is kind of the de facto standard with open lattice, and the neighbors all approve, if that were allowable then almost everybody would be compliant. You wouldn’t have to go to the Town and go through the process and try to demonstrate a “special privacy concern” to have a fence more than 6’. So I think there’s an easy way out of this that would make a lot of people a lot more compliant and you wouldn’t have the compliance issue. I’m just here as good governance. I already have my fence, so I have nothing to gain or lose on it. Thank you. VICE CHAIR KANE: Questions for the speaker? Your letter was in the packet, sir. DAVID KLINGER: The recent one? VICE CHAIR KANE: I said we received many good letters, and yours was one of them. I had it out, and I think Commissioner Burch took it, so I can’t find it right now, but I want to thank you for that. That concludes our speaker cards, so I’m going to close the public portion of the public hearing, and take a ten-minute break. Thank you. LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 66 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (INTERMISSION) VICE CHAIR KANE: Well, we seem to have somewhat of a sticky-wicket, at least as I see it; I don’t speak for the other Commissioners. So what I’m going to do is ask Staff to frame the issue before us. This is not an up or down decision, per se. This is a recommendation to Council that we deny the proposed revisions, or we revise them further and send them Council where the final decision on this proposed change would take place. So Mr. Paulson, frame the issue and the path before us. JOEL PAULSON: I will let Mr. Mullin take that on, and if we have questions following that, then I’m here to help. VICE CHAIR KANE: Thank you very much. Mr. Mullin. SEAN MULLIN: The decision, if you will, tonight in the recommendation is to provide a recommendation to Council, and your recommendation could be to recommend approval as the draft ordinance is written, recommend approval with changes. You could also continue the item to a date certain and provide some direction to Staff to make changes and come back with a revised draft ordinance for the same consideration. You could also forward the draft ordinance with a recommendation of denial to Town Council. LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 VICE CHAIR KANE: Thank you. Commissioners, we have in our Staff Report a number of issues and questions that we brought up in July where they’ve done some research and responded to us. I want to make sure clearly we’re aware of that, that a lot of work has been done, and a lot of the questions we’ve attempted to answer. But I turn to you for what Mr. Mullin just said, and give me a sense of where you’d like to go with this. Recommended as is, recommend with specific changes, or recommend to Council that we deny it, and in the end analysis I will take that as a motion. Commissioner Burch. COMMISSIONER BURCH: I’m actually just going to jump in with a pretty blunt statement, that I think the Hillside Guidelines as they’re written are fine. I also have a very hard time, and when I was reading this and listening to all the testimony taking the one-size-fits-all approach, I believe that there are… As we have seen with the hillsides, the properties are all very unique. We take them typically on an as-they-come basis, and I feel that this falls under the same purview as that in my mindset. Thirty feet feels entirely too small, and it really is just being generated based on a landscape line item out of the Hillside Guidelines. LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 68 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 So to me I would not recommend this as approve. I mean I did read all the Staff’s concerns, too, but I just felt taking a higher level and just saying all in all, I don’t think I would recommend it go on. I see too many issues with this, and I see it actually becoming more of an issue for Staff than what it would be if we took it on a case-by-case basis, because everyone that builds a fence is going to come asking for an exception. So to me I feel like we’re creating more of a bottleneck for Staff by doing this than if we keep the hillsides as they are. We trust Staff’s review, we trust them to be looking at the wildlife corridors, because they do right now. They work with developers to create these setbacks. They already do this, so to me this is not a document I would forward, so that’s my overlying statement. I would gladly hear what my other Commissioners think. VICE CHAIR KANE: Commissioner Hanssen. COMMISSIONER HANSSEN: I have a similar view to Commissioner Burch. The Hillside Development Standards and Guidelines generally speak to all the goals that we want to accomplish, and if I understand the process, if someone is going to go build a sport court or a play structure, or whatever, and it crosses the need where they need a Town LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 69 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 permit, I would imagine that the fencing would be part of that discussion, unless there’s a standalone fence. The one thing I did think that I could agree with that was in the document is that I do think there’s a difference between the flatlands and the hills in terms of approaching fencing, but I don't know what about that isn’t covered in the Hillside Design Guidelines, which doesn’t apply to the flatlands anyway, because there’s a lot of language… There’s a whole chapter here with a section on fences, and so I’m not sure what in addition we get out of changing our Town Code that would be beneficial to addressing the issues when we already have the Hillside Design Guidelines. And I, too, was having issues with the one-size- fits-all. The 30’ thing just doesn’t make sense to me. It’s for ornamental landscaping, but not for any other land use, and there are so many land uses that people have. Having different height limits and 42” here and 60”, it just doesn’t seem like it would work well with every property. We have one-acre lots, we have five-acre lots, we have ten- acre lots, we have slopes, we have not slopes, and I just have this view of having hearings at the Planning Commission about fences and fence exceptions, and the Development Review Committee and Staff being all bogged up. LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And I, again, didn’t hear any problem. I heard some of the testimony. We haven’t heard of any specific problems that have happened by not having a tighter fence ordinance yet, so generally speaking, I can’t think of what to keep in here, except for the notion of the hills versus not hills. As far as the permit part goes, at first I thought it probably wouldn’t be a bad idea to require a permit, but then I think a lot of people are going to go and do a project in their back yard, like build a pool, and part of the pool would be having to have a fence, and I wouldn’t want people to have to get an extra permit for their fence in addition to getting the permit for the pool. As far as the standalone fence would go, I mean we have these guidelines that have to happen. And then when I heard the stuff about moving fences around, we have to create more exceptions for livestock, so I don’t even know if having the permit for the fence makes sense. VICE CHAIR KANE: Thank you. Commissioner Badame. CHAIR BADAME: I would just like to clarify, and this might be for the audience, that we’re having this meeting at the direction of the Town Council. On January 31st of 2017 they held a study session to identify strategic priorities for 2017, and at the study session four Council members identified hillside fences as a strategic priority, LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 71 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and there were five goals that were identified as far as making amendments to this Town Code. So I have a question for Staff. Do these proposed amendments meet the five goals that were identified per the study session at the direction of Town Council? SEAN MULLIN: I just wanted a chance to read through them one more time. I believe that the draft ordinance would address each of those issues. CHAIR BADAME: Okay, so we have met the direction of the Town Council. My thought is to forward this to the Town Council. Do we necessarily have to take a vote to approve or deny, or just give them our comments that maybe there could be some revisions as a part of it, or just take into consideration the comments made by the public? And I see people shaking their heads. JOEL PAULSON: You have many options. Typically, we like to have a vote one way or the other, whether that’s recommending denial, recommending approval, or recommending approval with modifications. There have been instances where the Planning Commission has moved forward without a recommendation. The Town Council will get verbatim minutes and/or choose to watch the video proceedings of this meeting and the previous one on this item. LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 72 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Getting back to some of the issues that have been raised, and yes, we have Hillside Guidelines. I think, and I don’t want to speak for Dr. Weissman or any of the other folks who are passionate about this issue as it relates to hillsides, but because they are in guidelines there are not any objective requirements to use, and so I think that was part of the basis. Again, I don’t want to speak for Dr. Weissman or anyone who is passionate about this issue, but this helps put it into the code where the guidelines don’t apply in numerous situations. If you don’t have a development application coming through, there are no requirements. They don’t have to come to town, nothing is required of those folks, and so this was trying to set up that process. Definitely want to hear, and the Council for sure will want to hear, whether or not you forward this with or without a recommendation, folk’s concerns, folk’s views on these issues, and then also even I believe we heard at least one flatland issue as well, so that would be helpful, I think, for the Council moving forward, again, whichever way you decide to proceed. CHAIR BADAME: All right, thank you, and I have one more question if I may, Chair Kane, and that would probably be for the Town Attorney. LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 73 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 We’ve heard public testimony that has stated that these amendments would restrict the reasonable use of their property. Do you concur with that? LYNN LAMPROS: I don't know what the standards for that effect would be. Economic enjoyment is one of them, so I think we would have to research that. I don't know if the Community Development Director has an opinion on that. JOEL PAULSON: I would just offer, as we provided, there are a number of jurisdictions that do restrict fencing. They have maybe not as strict as this Fence Ordinance, but they are restricting it. It is not restricting the use of that. It is in some folk’s minds, as you’ve heard tonight, and others who probably are not here, it limits their security of using that or having their children use that, or their pets. But we can definitely research that if that’s something as it moves forward, then we will have the Town Attorney and the Deputy Town Attorney look into that further. CHAIR BADAME: Thank you, and for discussion purposes, that would be a concern of mine as we move forward. VICE CHAIR KANE: Other comments? Commissioner Janoff. LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 74 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER JANOFF: Thank you. As written, we could probably agree that the recommended changes meet the criteria that the Town Council set forth, but I think we can also agree that modifications to what’s being recommended could also satisfy the Town Council’s criteria. I think we’ve heard enough tonight to compel me to think that the fixed 30’ boundary around the perimeter of a house or a structure seems to be unreasonable both for larger lots and smaller lots. Mine is a one-acre property, and 30’ puts me directly at my property boundaries. That’s not where you want my fencing to go, because that would eliminate the corridors that do exist, so it kind of cuts both ways negatively. So I would support some of the changes, but in particular, that 30’ perimeter around the house doesn’t seem reasonable. I think we’ve heard testimony tonight, and I think Mr. Mullin’s comments regarding Woodside from the previous meeting, indicated that considerations with regard to the property lines versus the boundaries of the house might make more sense. And that could be a range. I don’t think we ever want hard, fast numbers. It could be 10’ for a parcel this to this size, it could be 20’ for a parcel that to that size, and so if you’ve got the 20 acres, maybe your setback from the property line is 100’. Just something LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 75 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that’s reasonable tied to the properties, but also provides the wildlife corridors of movement that we’re looking for, so that would be an issue for me sending this going forward. Excuse me, one more point. With regard to the fees, I think that the $2,200 permit fee is terribly onerous. I think your concept, Mr. Paulson, of a fixed fee is going in a better direction, but pretty much nobody wants to agree to a time and materials. People are uncomfortable with time and materials, because you never know where that might wind up; it would be more than the $2,200. So it seems like there could be an initial compromise that you do require a permit, and the permit might be for a two-hour minimum. One hour for a consultation from Staff, plus one hour that involves letting the permit, and then another hour at the back end for an inspector to come and say yeah, all looks good. So you’ve got a two-hour cost to that permit, and if the inspector says that’s not going to work and there is some negative thing, then you go into a different time and materials perhaps. So I think there is good intent here, but the hard and fast numbers are a problem for me. LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 76 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I was asking about this 30’ number, and I see what has been described on page 43, that that’s tied to the ornamental landscaping, but I think the false logic here is that we assume deer fencing is only desired for ornamental landscaping. There are a lot of reasons why you would want deer fencing around parts of your property, not just the ornamental landscaping. I would be in favor of reconsidering whether Item 4 on page 43 makes sense as written, considering all the other uses of deer fence that might be appropriate for a property. So in summary, I think that the proposed changes don’t take into consideration the many, many purposes of fencing. We’ve got boundary delineation, we’ve got privacy, we’ve got human trespass, you’ve got animal trespass to keep out, but we also want to provide corridors to allow free movement. I think what we have is just too restrictive, as some of our testimonials have said, too restrictive with consideration of the animals and not giving enough consideration to the human use and enjoyment of property. Then lastly, I do think it’s best if we disassociate the hillside and the flatland fence requirements. They’re just two different animals. VICE CHAIR KANE: Commissioner Burch. LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 77 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BURCH: Chair, may I direct a question more to my fellow commissioners for conversation? VICE CHAIR KANE: Yes. COMMISSIONER BURCH: I really, really like what you just said, Commissioner Janoff, so what I would like to ask my fellow commissioners is we’re giving guidance then to Staff, because we’ve all been advised by Council to do this. In our packet Mr. Mullin gave us an example of Portola Valley. Portola Valley breaks the zones down by size: less then one-acre lot, one-acre district, and two- plus-acre districts. So I wanted to know if perhaps we looked at something more along this line, and rather than setting the 30’ we looked at it based on lots, and then we took what you gave us and/or looked at some type of designated setback for the property lines to ensure that there’s a wildlife corridor. Maybe some hybrid between them, I don't know, but I would just look to my fellow commissioners and see if you guys would feel that that would be more of a compromise to the people that own the property, so we’re not limiting to this small, but we are still addressing what the Council has asked us to do. VICE CHAIR KANE: Comment? Commissioner Hanssen. LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER HANSSEN: If I was going to go back and look at this, like could you agree with and move forward with, I agree with Commissioner Janoff’s comments about the 30’. Starting from the top, as Mr. Paulson pointed out, there is no way to have a checkpoint process with the Town unless there’s a full development proposal, and so having some language in the code and forcing some kind of permit and review, that’s something I could agree with. I can definitely agree that the hillside is different than the flat areas, but the main issue is the idea of the wildlife corridors. I happen to agree that the better approach than having 30’ that applies to all properties, and 42” here and 60” inches here, is to rather say that similar maybe to Portola Valley there might be different standards for one, less than an acre, acre, or two-plus acres is one way to go about it, but I did like what we heard in the public testimony that maybe instead to look at what is the minimum amount of wildlife corridor and maybe it’s tied to the size of the property, because on a one-acre property… I also have a one-acre property in the hillsides, and if I did the 30’ I would be putting a fence in the middle of my back yard, and then there would be another 20’ LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 79 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 on top of it, and it goes up a hill, and it would just look awful. And maybe it would help the wildlife come through, but you have to have this reasonable standard thing to evaluate things by, and that’s why I was saying, and then others have said, you can’t measure this against everything. But the best way to me to do it would be to go after it with a minimum corridor that you need to have based on the size of the property. There will still need to be exceptions, because people’s properties are different, or they have what they have already, but I think you could kind of strike some of this language with the specifics. I also wanted to comment on the notion of wildlife friendly. I appreciate the attempt to define wildlife friendly, but this is not a standard that any inspector could live by. All fences, gates, and hedges, it says, have to be wildlife friendly, and then wildlife friendly is defined elsewhere saying that it’s any animal could jump over or climb through or go under. I mean how is an inspector supposed to evaluate that? I mean that’s just a completely subjective use. I think it should be obvious to most people that something that isn’t wildlife friendly; we have a picture in our Hillside Guidelines about what’s LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 80 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 wildlife friendly or not. I don’t think we need to define it in our Town Code. As far as some of these other specifics about the spacing of fence posts and stuff, I think we’re getting into details that we don’t need to. If you force the issue of the permit, the review process could say this is reasonable or not, based on the guidelines that we have in the Hillside Standards. So that’s my input. VICE CHAIR KANE: Thank you. Further comment? If we had a motion, and I don’t know that we need one, but if we did, I’d say by and large the clarity provided in the revisions are necessary, with many exceptions. I’ll begin by saying that the 30’, that section landscaping in the Hillside Design Guidelines uses 30’ for a number of different landscaping provisions, but I think nowhere did we say that we needed to have a fence 30’ out. Thirty feet was used in the guidelines for other considerations, but not the fence, and clearly it seems it will not work as a blanket provision, and there needs to be a provision for case-by-case. On many of these things I’m in favor of giving wide discretion to the Community Development Director or Development Review Committee, and where such a quasi- judicial process would fail, then bring it to the Planning LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 81 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Commission. But I would suspect not too many of those would fail if reasonable discretion were provided, so I’m concerned about the 30’; I don’t think it works. The fees. When I think about repairing a fence, or moving a fence, or anybody wants to do anything they want with their house, what is it, $2,333 is kind of outrageous. The number $233 has been proposed, but that could be as arbitrary as the $2,333. I do like the time and materials provision where the Town is compensated for the expenses that they incur, as they do with many other fee structures. One would hope that the reviews were expeditious, it didn’t take 55 visits to the site, and that the time and materials was managed to keep it to a reasonable minimum. I like anything that has to do with mandatory corridors. Setbacks are 20’, and so if we had two adjoining properties we’d be looking at a 40’ corridor. Many testimonies tonight provided clear awareness of the deer trails by the property owners, and maybe we could start to learn where those deer trails are. We know where our riparian corridors are, because they’re pretty clear. We could make an effort going forward as well to experience them, to note that this is a trail used by the wildlife, because I think that is terribly important and is the LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 82 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 purpose of this exercise, to protect that movement, protect those animals, for which reason I would never support the chain-link fence, simply because they can’t get through it, and that’s the purpose of this exercise, to define wildlife friendly fences, and a chain-link is just not friendly. I think an abiding consideration should be the children. I have no record, evidence, awareness of any child being injured or endangered, maybe barked and growled at, but God forbid, I don't know of any child being injured. That would have to be part of the Community Development Director’s discretion. If there were infants involved, we might have a provision for that, because that’s just tantamount. There’s nothing more important than protecting a child. So I’d underscore the concept of discretion, and I’d underscore the concept of if and when we find ourselves in a repetitious abuse situation we can revisit the whole question. And I totally support disassociating the Town Fence Policy with the Hillside Fence Policy, and I support what’s been said about taking a second look at the Portola Valley standards on how they define which project should be handled in which way. I’m not saying that’s a motion. Oh yeah, here’s one other thing. On page 2 of 6 of the revision, down at the bottom, it’s defining riparian LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 corridor. “Riparian corridor means an area comprised of habitat, strongly influenced and delineated by the presence of perennial and intermittent streams,” and for Staff and Council, I’d recommend taking out the word “strongly.” What’s is it going to be strongly for? If you’ve got a riparian corridor, you’ve got to take care of it. So those are my thoughts. If we could find a way out of this to say we’ve said what we said, the minutes will be a record of what we said. I don't know that we need a motion beyond what the five of us have said, because I think it’s terribly comprehensive. Be clear that I’m supportive of this revision with those nine or ten items that I’ve mentioned and other Commissioners have mentioned. Commissioner Burch. COMMISSIONER BURCH: On top of those items, can I ask my fellow Commissioners about the comment of changing in the flatland the 6’ to 7’ fence. He’s right, I think that’s what everyone builds, and maybe rather than have a document that has everyone out of compliance, would there be any issue with us changing that? I’m asking the Community Development Director. JOEL PAULSON: There is no issue. He stated many facts. He’s spoken to Council. I’ve had a conversation, and I believe Mr. Mullin has had conversations with him as LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 well. The Town doesn’t have a permit number for fence exceptions. Anecdotally we know that not many people get fence exceptions, and as you drive around town there are many fences that are over 6’ in height. Current Building Code doesn’t require a Building Permit for fences up to 7’ in height; however, our Town Code from the zoning perspective still has a 6’ limitation. So we could definitely modify that, whether it’s modifying it to 7’, whether that’s 6’ and 1’ of lattice, or whether that’s 7’ solid, we’d definitely be interested in input from the Commission on their thoughts on that. VICE CHAIR KANE: I’ve done some surveys, amateuristic, and I’d be inclined to support a 6’ fence with a 1’ lattice, and what I’ve done in my own home is motivated the vines to get up there, and I did this with the support of my neighbors, so I’d like the total 7’, but the last 1’ be a lattice, specific to that. Anyone else? Commissioner Hanssen. COMMISSIONER HANSSEN: I had a question. I wanted to go back to this permitting thing. I was making a supposition, if a person is going to build a pool and it includes a fence, did they require a permit for the pool and then also a separate permit for the fence? LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOEL PAULSON: No, we would roll that all into one, because the permit requirement for a fence for a pool is in the Building Code, so that’s an automatic requirement. COMMISSIONER HANSSEN: So this permitting fee would essentially be for a standalone fence? JOEL PAULSON: Correct. COMMISSIONER HANSSEN: Okay, so maybe we need to make that clearer, so that people don’t… I don't know if we need to make it clear or not, but I wondered that as I was thinking through it. The other thing I wanted to ask was about front yard fences. It didn’t appear to me that there was any delineation in the Hillside Guidelines or in the code as drafted that would say the height of the fence in the front versus the back. And I did notice in some of the other jurisdictions that they would have a lower height of the fence in the front, which made a lot of sense to me, facing the street. Then you would have in other parts of the… And so if your number is 6’, maybe in the front, unless there’s a special circumstance, there may be some specific landscaping in front where they need to have something higher, but I wondered if that shouldn’t be looked at as LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 86 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 putting a different height limit in the front that was lower. VICE CHAIR KANE: And in addition to that, I would support what I’ve read in the Staff Report, that in particular corner lots have a special standard for the height of their fences, as can be used to help prevent accidents. I want to go back to what one of the speakers said about the fences, and I don’t think it’s a secret that there are many that are beyond what the permissible level is, and I’d like to reiterate what I think I heard the speaker say, that a law that’s not enforced is not a law, it’s an embarrassment, and we have a lot of current exceptions, so maybe this time the law should reach up to where reality is. Other comments? Commissioner Janoff. COMMISSIONER JANOFF: Just also would support the 6’ high solid fence with a 1’ lattice. VICE CHAIR KANE: Say again, please. COMMISSIONER JANOFF: On the non-hillside properties I would support a 6’ high solid fence with a 1’ lattice at 7’. VICE CHAIR KANE: Thank you. Good. Other comments? I’m going to see if I can get out of this easy. I LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 don’t think a motion would serve any purpose. I think in general the five of us are of a mind, in general, on most of what has been said, and the minutes of this hearing, especially the last three pages, would be of great value to Town Council as opposed to a up or down vote, or even a motion. How say you, Mr. Paulson? JOEL PAULSON: I definitely will not require you to make a motion, so if you’d like to forward this with just the comments stated this evening, then we can do that, and that doesn’t have to be by a motion either. VICE CHAIR KANE: How say you, Commission? CHAIR BADAME: I’m good with that. I can even make it into a motion just to formalize it. So I will say that I move to forward Town Code Amendment Application A- 17-002 to the Town Council for consideration of amendments to Chapter 29, with consideration of comments from Commissioners and the public, without giving an up or down. VICE CHAIR KANE: That’s excellent. Do I have a second? Commissioner Burch. COMMISSIONER BURCH: I’ll second that. VICE CHAIR KANE: Any further discussion? I’ll call the question. All those in favor, say aye. Opposed? It passes 5-0. LOS GATOS PLANNING COMMISSION 9/13/2017 Item #2, Town Code Amendment A-17-002, Fences in Hillside Area 88 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 In this case would there be any kind of an appeal right on what the Commission has done? JOEL PAULSON: There are not any appeal rights. This is simply a recommendation to the Town Council, so there are no appeal rights.