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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; PAGE 2 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 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; PAGE 3 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 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: PAGE 4 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 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. PAGE 5 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 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. PAGE 6 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 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. PAGE 7 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 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