Staff Report
PREPARED BY: SEAN MULLIN, AICP
Associate Planner
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Community Development
Department Director, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/05/2017
ITEM NO: 14
DATE: NOVEMBER 28, 2017
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: TOWN CODE AMENDMENT APPLICATION A-17-002. PROJECT LOCATION:
TOWN WIDE. APPLICANT: TOWN OF LOS GATOS.
CONSIDER AMENDMENTS TO CHAPTER 29 (ZONING REGULATIONS) OF
THE TOWN CODE REGARDING FENCES, HEDGES, AND WALLS.
RECOMMENDATION:
Consider the Planning Commission’s comments and introduce the proposed Ordinance by title
only to amend Chapter 29 (Zoning Regulations) of the Town Code regarding fences, hedges, and
walls (Attachment 7).
BACKGROUND:
On January 31, 2017, the Town Council held a Study Session to identify strategic priorities for
fiscal years 2017-2019. Community member David Weissman requested that Ordinance
amendments regarding fences in the Hillside Areas be set as a strategic priority to maintain
wildlife movement corridors, address movement-restrictive fences in the hillside, and reinforce
the importance of hillside fencing standards contained in the Hillside Development Standards
and Guidelines (Attachment 8). At the Study Session, four Councilmembers identified the
requested Ordinance amendments as a strategic priority.
Attachments 9 and 10 contain the goals identified for amendments to the Town Code regarding
hillside fences as:
Make certain that fences do not interfere with wildlife corridors;
Ensure fences do not impede movement of wildlife;
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SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING FENCES, HEDGES,
AND WALLS/A-17-002
NOVEMBER 28, 2017
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BACKGROUND (Continued):
Define an “open fence” as one that permits all animals, depending on their size, to either
climb under, pass through, or jump over, regardless of the fence’s location relative to the
side, front, or rear yards;
Specify that the installation of chicken wire, wire me sh, chain link, etc., over open slat
fences, is not considered animal-movement friendly; and
Clarify that the requirements for fences apply to all hillside fences, not just to fences
associated with Architecture and Site applications.
In late March, community members David Weissman and Lee Quintana sent staff language for
the proposed draft Ordinance amendments. Staff met with Dr. Weissman and Ms. Quintana in
May, June, and August to discuss the proposed amendments ahead of the July 26, 2017 and
September 13, 2017 Planning Commission meetings. In October, staff met with Dr. Weissman
and Ms. Quintana again to discuss questions and alternatives ahead of the December 5, 2017
Town Council meeting.
A working draft Ordinance is included as Attachment 7. Recognizing the differences in locations
and wildlife concerns, the draft Ordinance divides regulations for fences into two categories:
non-hillside properties and hillside properties. The majority of the proposed regulations
included in the non-hillside properties section of the draft Ordinance reflect existing Ordinance
language, with the exception of a proposed height increase, which is discussed in detail below.
The proposed regulations included in the hillside properties section of the draft Ord inance
reflect new Ordinance language.
DISCUSSION:
A. Public Outreach
Staff reached out to the following organizations and requested input on the proposed Town
Code amendments regarding fences, hedges, and walls:
Santa Clara Valley Chapter of the American Institute of Architects (AIASCV)
Santa Clara County Association of Realtors (SCCAR)
Silicon Valley Association of Realtors (SILVAR)
In addition to reaching out to professional organizations, staff requested public input
through the following media and social media resources:
A half-page public notice in the newspaper;
A poster posted at the Planning counter at Town Hall;
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SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING FENCES, HEDGES,
AND WALLS/A-17-002
NOVEMBER 28, 2017
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DISCUSSION (Continued):
On the Town’s website home page, What’s New;
On the Town’s Facebook page;
On the Town’s Twitter account;
On the Town’s Instagram account; and
On the Town’s NextDoor page.
To date, staff has discussed the proposed Ordinance with approximately eight different
members of the public and design community.
B. Planning Commission
Per the direction of the Town Council, the Planning Commission considered amendments to
Chapter 29 (Zoning Regulations) of the Town Code regarding fences, hedges, and walls on
July 26, 2017. At this meeting, the Planning Commission received the Staff Repo rt
Attachments 1 and2), considered comments from the public, and continued consideration
to the September 13, 2017 Planning Commission meeting (see Verbatim Minutes,
Attachment 4, Exhibit 11). The Planning Commission provided staff with direction to
address some questions and requests raised by Commissioners.
At the September 13, 2017 Planning Commission hearing, the Commission received the
Staff Report (Attachments 3 through 5), considered comments from the public, and
discussed the proposed draft Ordinance (see Verbatim Minutes, Attachment 6).
During the September 13, 2017 Planning Commission hearing, members of the public
provided comments, including support for the draft Ordinance, as well as concerns related
to:
One-size-fits-all approach;
Permit process, fees, and required staff resources;
Potential for greater exposure to Lyme disease;
Increased process and lack of Town resources to enforce;
Property-owners’ rights;
Safety;
Limited area for pet containment; and
Need for fencing as animal populations continue to increase.
The Planning Commission discussed input received during public testimony and expressed
concerns with the draft Ordinance related to its:
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SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING FENCES, HEDGES,
AND WALLS/A-17-002
NOVEMBER 28, 2017
S:\COUNCIL REPORTS\2017\12-05-17\Town Code.Fences.Hedges.Walls\Staff Report - Fences.Hedges.Walls Final.docx 11/29/2017 4:47 PM
DISCUSSION (Continued):
One-size-fits-all approach;
Permit process, fees, and required staff resources; and
Siting and design restrictions.
The Planning Commission was supportive of:
Adequacy of the existing language in the Hillside Development Standards and
Guidelines;
Case-by-case approach for review within existing framework; and
Disassociation of hillside and non-hillside properties.
The Planning Commission approved a motion to forward the draft Ordinance with
consideration of comments from Commissioners and the public to the Town Council for
consideration without a specific Planning Commission recommendation to approve or not.
Complete details of the Planning Commission’s September discussion can be found in the
Verbatim Minutes (Attachment 6).
C. Components of the Draft Ordinance
To meet the objectives identified on pages 1 and 2 of this report and to address comments
submitted by Dr. Weissman in Attachment 8, the proposed Ordinance includes the
following provisions:
Divides the Town into two areas – Hillside and Non-Hillside Areas
The draft Ordinance recognizes that the use of fencing can have different impacts
depending on a property’s location in the Town. As such, the draft Ordinance divides the
Town into two: Non-hillside Areas, where regulations would be consistent with the existing
Ordinance; and Hillside Areas, where regulations would address concerns regarding wildlife
movement.
Purpose and Intent Section
The draft Ordinance introduces a Purpose and Intent section reflecting language contained
in the Hillside Development Standards and Guidelines.
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SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING FENCES, HEDGES,
AND WALLS/A-17-002
NOVEMBER 28, 2017
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DISCUSSION (Continued):
Definitions Section
The draft Ordinance introduces a Definitions section that provides a clear description of
terms used within the draft Ordinance.
Non-Hillside Areas
Draft regulations governing fences, hedges, and walls in the non-hillside areas would remain
consistent with the existing Ordinance. The only proposed change would be to allow fences
up to six (6) feet tall, with one (1) foot of lattice on top (seven (7) feet high in total). This is
discussed in detail below.
Non-Hillside Fence Height
In addition to public input on the proposed Ordinance, the Planning Commission received
input from a community member, David Klinger, requesting that the maximum height of a
fence allowed without an exception on non-hillside properties be increased from six feet to
seven feet (Attachment 3, email dated August 30, 2017; Attachment 6, pages 64 -65). Mr.
Klinger expressed concern that the current six-foot height maximum does not reflect what
is being built on non-hillside properties or regulations in neighboring communities. Mr.
Klinger suggested that the maximum fence height without an exception be increased to
allow a six-foot tall fence with one-foot of lattice on top (seven feet total). This increase
would reconcile many existing nonconforming fences and would be reflective of the
community comments that seven-foot tall fences are desirable.
The Planning Commission discussed the matter and was supportive of Mr. Klinger’s request
for this revision to the Town Code (Attachment 6, pages 82 -88). Based on the Planning
Commission’s support, staff has included this change in the working draft Ordinance. This
change would apply only to properties outside of the Hillside Area and would not apply to
those properties within the Hillside Area of Town. This change would eliminate the need for
a fence height exception for fences exceeding six feet; however, a Building Permit would
still be required pursuant to Town Code Section 6.150.050 – Work exempt from permit.
Should the Town Council support this revision to the Town Code, staff would return to the
Council with a proposed change to Section 6.150.050 to exempt wood fences up to seven-
feet tall from a Building Permit, which would be consistent with the requirements of the
Building Code.
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SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING FENCES, HEDGES,
AND WALLS/A-17-002
NOVEMBER 28, 2017
S:\COUNCIL REPORTS\2017\12-05-17\Town Code.Fences.Hedges.Walls\Staff Report - Fences.Hedges.Walls Final.docx 11/29/2017 4:47 PM
DISCUSSION (Continued):
Hillside Area
Under the draft Ordinance, all new fencing in the Hillside Area would require a permit. The
draft Ordinance establishes zones for fencing on hillside properties and regulates fencing
differently based on in which zone the fencing is located. The zones correspond to the
planting zones described in the Hillside Development Standards and Guidelines (HDS&G),
which require ornamental landscaping and turf areas to be located within 30 feet of the
primary residence. The HDS&G do not discuss the location of fencing, walls, and hedges
relative to the planting zones described in the HDS&G. The draft Ordinance would allow
animal-restrictive fencing, walls, and hedges within the 30-foot zone. Fences in this zone
could be up to 6-feet tall with no restrictions on design but with prohibition of some
materials (barbs, sharp points, razor wire). Fencing located greater than 30 feet from the
primary residence would be required to be wildlife friendly and subject to specific design
criteria related to height and materials.
Permits Required
The Town does not currently require a Planning permit for fencing, walls, hedges, or gates
unless elements trigger the need for Building Permits (fence/wall heights exceeding six feet,
retaining walls, gates requiring electrical supply, etc.). The draft Ordinance introduces a
Planning permit requirement for fencing in the Hillside Area. The primary objectives for
requiring a Planning permit in the Hillside Area are to ensure that Hillside fencing adheres to
the draft Ordinance and to allow for a neighbor notification process. Since the Town does
not currently have a permit type specific to fencing, the draft Ordinance includes a
requirement for a Minor Residential Development permit, which satisfies both objectives
for requiring a Planning permit. The current cost for a Minor Residential Development
application is $2,223.00. The Planning Commission and members of the public have
expressed concern with the cost of this Planning permit relative to the scope of work
proposed under said permit. Based on the concerns regarding cost, staff recommends that
the Council consider a new Hillside Fencing permit. The process could include a
requirement for public notice of proposed hillside fencing and a fee commensurate to the
time required by staff for review, or a time and materials cost structure.
Replacement or Modification of existing Fences, Walls, Hedges, or Gates
Replacement or modification of existing fences, walls, hedges, and gates that are not
classified as “repair” (see below) would be required to meet the draft Ordinance , and are
encouraged if changes would improve wildlife movement or animal corridors.
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SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING FENCES, HEDGES,
AND WALLS/A-17-002
NOVEMBER 28, 2017
S:\COUNCIL REPORTS\2017\12-05-17\Town Code.Fences.Hedges.Walls\Staff Report - Fences.Hedges.Walls Final.docx 11/29/2017 4:47 PM
DISCUSSION (Continued):
Repair
Repair of short sections (no more than 50 percent of any fence, wall, or hedge section)
would be allowed under the draft Ordinance without a Planning permit, and would not be
required to meet the provisions of the draft Ordinance. Any other repair work on the same
element within a 12-month period would be required to meet the draft Ordinance, and
would require a Planning permit.
Exceptions
The draft Ordinance includes several exceptions allowing fencing around swimming pools,
newly planted trees or shrubs, enclosure fencing for agricultural pursuits, livestock control
fencing, security fencing around public utility installations, and hardship situatio ns
regardless of its proximity to the primary residence.
D. Planning Commission Recommendation
On September 13, 2017, the Planning Commission considered the draft Ordinance and
comments from the public. The Planning Commission forwarded the proposed Town Code
Amendments to the Town Council, with consideration of comments from Commissioners
and the public, without providing a specific recommendation to approve or not.
CONCLUSION:
Staff recommends that the Town Council:
1. Make the finding that there is no possibility that this project will have a significant impact
on the environment; therefore, the project is not subject to the California Environmental
Quality Act [Section 15061(b)(3)] (Attachment 1, Exhibit 1);
2. Make the required finding that the Town Code (Zoning Regulations) amendments are
consistent with the General Plan (Attachment 1, Exhibit 1);
3. Introduce the Ordinance of the Town of Los Gatos effecting the amendments of the Town
Code regarding fences, hedges, and walls A-17-002 (Attachment 7), by title only, with any
specific changes identified and agreed upon by the majority of the Town Council.
PAGE 8 OF 8
SUBJECT: CONSIDER AMENDMENTS TO THE TOWN CODE REGARDING FENCES, HEDGES,
AND WALLS/A-17-002
NOVEMBER 28, 2017
S:\COUNCIL REPORTS\2017\12-05-17\Town Code.Fences.Hedges.Walls\Staff Report - Fences.Hedges.Walls Final.docx 11/29/2017 4:47 PM
ALTERNATIVES:
Alternatively, the Council may:
1. Continue this item to a date certain with specific direction to staff;
2. Refer the item back to the Planning Commission with specific direction; or
3. Take no action, leaving the Town Code unchanged.
CEQA DETERMINATION:
There is no possibility that the project would have a significant impact on the environment;
therefore, the project is not subject to the California Environmental Quality Act [Section
15061(b)(3)].
PUBLIC COMMENTS:
Attachment 11 includes public comments received between 11:01 a.m., September 13, 2017
and 11:00 a.m., November 30, 2017.
ATTACHMENTS:
Attachments previously received with October 17, 2017 Staff Report:
None
Attachments received with this Staff Report:
1. July 26, 2017 Planning Commission Staff Report (with Exhibits 1-6)
2. July 26, 2017 Planning Commission Desk Item (with Exhibit 7)
3. September 13, 2017 Planning Commission Staff Report (with Exhibits 8-10)
4. September 13, 2017 Planning Commission Addendum (with Exhibits 11-12)
5. September 13, 2017 Planning Commission Desk Item (with Exhibit 13)
6. September 13, 2017 Planning Commission Verbatim Minutes
7. Draft Ordinance Amending Town Code Chapter 29
8. Letter from David Weissman to Town Council, dated January 1, 2017
9. Memorandum from Robert Schultz, Town Attorney, to Town Council, dated February 12,
2017
10. January 31, 2017 Town Council Special Meeting Priority Setting Study Session Minutes
11. Public comments received between 11:01 a.m., September 13, 2017 and 11:00 a.m.,
December 31, 2017