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Hillside Fences, Hedges, Walls-- Addendum and Exhibits 11-12 PREPARED BY: SEAN MULLIN, AICP Associate Planner Reviewed by: Planning Manager and Community Development Director 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6874 www.losgatosca.gov TOWN OF LOS GATOS PLANNING COMMISSION REPORT MEETING DATE: 09/13/2017 ITEM NO: 2 ADDENDUM ADDENDUM DATE: SEPTEMBER 12, 2017 TO: PLANNING COMMISSION FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR 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. REMARKS: Exhibit 11 includes the verbatim minutes from the July 26, 2017, Planning Commission meeting. Exhibit 12 includes additional public comment received between 11:01 a.m. Friday, September 8, 2017 and 11:00 a.m. Tuesday, September 12, 2017. EXHIBITS: Previously received with July 26, 2017 Staff Report: 1. Findings 2. Ordinance Priorities Memorandum dated February 12, 2017, from Robert Shultz, Town Attorney 3. Draft Amendments to Chapter 29 of Town Code 4. General Plan Policies and Actions pertaining to Fences, wildlife habitats, and migration corridors 5. Hillside Development Standards and Guidelines pertaining to fences 6. Public Comments received by 11:00 a.m., Friday, July 21, 2017 PAGE 2 OF 2 SUBJECT: CONSIDER AMENDMENTS THE TOWN CODE REGARDING FENCES, HEDGES, AND WALLS. TOWN CODE AMENDMENT/A-17-002 SEPTEMBER 12, 2017 N:\DEV\PC REPORTS\2017\Fences Amendments 09-13-17 ADD.docx 9/12/2017 2:44 PM Previously received with July 26, 2017 Desk Item: 7. Public Comment received between 11:01, Friday, July 21, 2017, and 11:00 a.m., Wednesday, July 26, 2017 Previously received with September 13, 2017 Staff Report: 8. Revised Draft Amendments to Chapter 29 of the Town Code 9. Neighboring Jurisdictions Fencing Regulations 10. Public Comments received between 11:01, Wednesday, July 26, 2017 and 11:00 a.m., Friday, September 8, 2017 Received with this Addendum Report: 11. July 26, 2017 Planning Commission Meeting Minutes (38 pages) 12. Public Comments received between 11:01 a.m. Friday, September 8, 2017 and 11:00 a.m. Tuesday, September 12, 2017 LOS GATOS PLANNING COMMISSION 7/26/2017 Item #5, Town Code Amendment A-17-002, Hillside Fences 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: Tom O'Donnell, Chair D. Michael Kane, Vice Chair Mary Badame Kendra Burch Melanie Hanssen Matthew Hudes Town Manager: Laurel Prevetti Community Development Director: Joel Paulson Town Attorney: Robert Schultz Transcribed by: Vicki L. Blandin (510) 337-1558 EXHIBIT 11 LOS GATOS PLANNING COMMISSION 7/26/2017 Item #5, Town Code Amendment A-17-002, Hillside Fences 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: CHAIR O'DONNELL: All right, we are now to consider the Town Code Amendment Application A-17-002. It’s a town-wide location. The applicant is the Town of Los Gatos, and it is to consider amendments to Chapter 29 of the Town Code regarding fences, hedges, and walls, and may I ask for the Staff Report? I think I’ve got Sean Mullin here. COMMISSIONER HUDES: Chair? COMMISSIONER O'DONNELL: Oh, pardon me. You’re absolutely right, and I forgot; you wanted to say something. Commissioner Hudes. COMMISSIONER HUDES: If you don’t mind, I will need to recuse myself from this matter. I have a property that is within the Hillside Design Guideline area designated on the map, and although I understand from Town Council that there is not a strict legal requirement to recuse myself, and I do not want to in any way say that that’s incorrect, however, I do want to note that I believe that the way the document before us is drafted it could have a negative economic impact on my particular property LOS GATOS PLANNING COMMISSION 7/26/2017 Item #5, Town Code Amendment A-17-002, Hillside Fences 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 to the extent that I would be uncomfortable in deliberating on this matter. Just to explain that a little bit more, I find the document in some of the provisions is complex and difficult to assess the impact in a finite way on my property, but I have the sense that it might, particularly the provision about repair being within the scope of what’s being proposed, and I could very well face a repair situation with the fence. COMMISSIONER O'DONNELL: I think it is sufficient to say that if you feel uncomfortable to sit for that reason, that’s enough. COMMISSIONER HUDES: Yeah. COMMISSIONER O'DONNELL: But if you want to go on further, you may, but it is not necessary. COMMISSIONER HUDES: I don’t need to. I just wanted to explain that while it’s been explained that it is not a legal requirement for me to, I’m uncomfortable. COMMISSIONER O'DONNELL: That’s sufficient, and we will excuse you, and since there is only, I think, the Staff Report afterwards, if you choose not to come back, because this may take a while, we don’t hold it against you. LOS GATOS PLANNING COMMISSION 7/26/2017 Item #5, Town Code Amendment A-17-002, Hillside Fences 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 ROBERT SCHULTZ: 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 7/26/2017 Item #5, Town Code Amendment A-17-002, Hillside Fences 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. COMMISSIONER O'DONNELL: And I just want to add without going any further, to the extent that there may be one or more of us—not me—but who might be similarly affected as Commissioner Hudes, that person is perfectly able to make the judgment that since they are not legally required to do this that they can do better for the community by staying on. Both of those decisions are entirely defensible. VICE CHAIR KANE: That means I can go home? COMMISSIONER O'DONNELL: In your case, anything is defensible. Commissioner Hanssen. COMMISSIONER HANSSEN: I just wanted to state for the record that I also live in the hillsides and I had the conversation with Attorney Schultz, and I decided that I’m able to participate in these discussions because of the reasons that he stated about it affecting over 25% of the residents in Los Gatos. COMMISSIONER O'DONNELL: Thank you. Good night, Commissioner Hudes. All right, can I have the Staff Report? SEAN MULLIN: Thank you. Good evening, Commissioners. Before you tonight is consideration of LOS GATOS PLANNING COMMISSION 7/26/2017 Item #5, Town Code Amendment A-17-002, Hillside Fences 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 amendments to Chapter 29 of the Town Code regarding fences, hedges, and walls. In January of this year the Town Council held a study session to identify strategic priorities for the upcoming fiscal years. During that study session a resident requested that an ordinance amendment regarding fencing in the hillside areas be set as a priority, to which the Council agreed. Staff met with two residents to refine a draft of the ordinance that they provided, which is included as Exhibit 3. Under current ordinance, permits are not required for fences in the town regardless of the property being located in the hillside or not. The owner is responsible for meeting the current regulations, and there is no language regarding wildlife friendliness of fences, hedges, and walls. The draft ordinance before you tonight would separate non-hillside properties from hillside properties. The non-hillside properties would be regulated in a similar way as the current ordinance, and for properties located in the hillside a fence would require a permit, and as proposed that would be a Minor Residential Development approval. Fences would be subject to regulations related to siting, design, materials, dimension, and wildlife LOS GATOS PLANNING COMMISSION 7/26/2017 Item #5, Town Code Amendment A-17-002, Hillside Fences 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 friendliness. Staff has included a number of discussion points and examples of effects on properties in the Staff Report. Staff is recommending that the Planning Commission review the draft ordinance and discuss the topics of concern raised by Staff. Following the discussion Staff recommends that the item be continued to a date certain. There is a Desk Item provided tonight which includes a response to the comments included with the Staff Report. This response was submitted after the deadline for inclusion in the Staff Report and it was submitted as a Desk Item. This concludes Staff’s presentation and we are available to answer any questions. COMMISSIONER O'DONNELL: All right, are there questions of Staff? Yes, Commissioner Hanssen. COMMISSIONER HANSSEN: I saw the long list of ordinances that are to be reviewed that Attorney Schultz put out. What I was trying to understand with this one was what the problem is that we’re trying to solve. I got some of this, that there is a concern about wildlife, but are there actually instances where people LOS GATOS PLANNING COMMISSION 7/26/2017 Item #5, Town Code Amendment A-17-002, Hillside Fences 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 have built egregious fences or blocked wildlife? I mean why are we doing this? SEAN MULLIN: I think in concert building fences can be perceived as creating wildlife barriers. Anecdotally you could push wildlife out onto roads and could obstruct their passage through properties in areas that tend to be more wild and open, such as the hillside, versus the downtown areas and the residential areas, which are more suburban development. We’re here tonight because a resident requested this be brought forth to address wildlife passage and safety in the hillsides. The General Plan has some language about preserving wildlife corridors; those are included in the summary in the Staff Report as an exhibit, and some language in the Hillside Design Guidelines as well. ROBERT SCHULTZ: But reiterating, it wasn’t a Staff generated ordinance. I don’t believe it was even in my memo; it might have been. A citizen generated it, and no, we weren’t aware of outstanding or many complaints or claims of animals that were being injured. So it was completely citizen-driven. COMMISSIONER HANSSEN: Okay. COMMISSIONER O'DONNELL: And I might say that since I’ve been on the Commission, and before I was on the LOS GATOS PLANNING COMMISSION 7/26/2017 Item #5, Town Code Amendment A-17-002, Hillside Fences 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 Commission but appeared before the Commission, I had dealt with projects up in the hills where notwithstanding the absence of this ordinance, when clients wanted to put fences up we had to take into consideration the paths, and we did, so I just say that as a matter of fact. Now, whether somebody wanted to argue about that, typically my clients being good people, they would design the fence so that they could satisfy not everything that’s in this, mind you, but satisfied. So Commissioner Kane, you had something? VICE CHAIR KANE: For Staff. I understand Staff’s report on what had previously been submitted. What is Staff’s view of the Desk Item we received tonight that has a number of new points and some compromises in it? SEAN MULLIN: My view is that it’s the opinion of a resident who submitted it, and the Planning Commission can consider it. I haven’t had proper time to fully analyze the information that’s (inaudible). VICE CHAIR KANE: Nor have we, so that’s why I’m asking you for your guidance. JOEL PAULSON: I would just offer also, we really envision this as kind of a kick-off and kind of get all the issues out on the table so that we can make any other modifications that may be recommended by the Commission. So LOS GATOS PLANNING COMMISSION 7/26/2017 Item #5, Town Code Amendment A-17-002, Hillside Fences 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 we can bring it back, we’ll have another hearing, there may be other people who want to come out and speak or provide things in writing, and then that’s when you would make your final recommendation to Council. VICE CHAIR KANE: Because it was designed to just be continued from the beginning. JOEL PAULSON: Correct. VICE CHAIR KANE: I see. Thank you. COMMISSIONER O'DONNELL: Let me also say this. When we get there, after we invite any public comment, to the extent that it would be helpful maybe we can say— because we’re going to continue the matter—what we would like to see changed or adjusted, those kind of things, as opposed to discussing the whole thing, because there are obviously lots of things in here people could disagree with, or at least I could. VICE CHAIR KANE: (Inaudible). COMMISSIONER O'DONNELL: We should do it after the public comments, because we may get some more things we really want to consider. So if there are no further comments, and we’ve had the Staff Report, I’ll go ahead with the list of cards I have here. The first card is David Klinger. LOS GATOS PLANNING COMMISSION 7/26/2017 Item #5, Town Code Amendment A-17-002, Hillside Fences 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 DAVID KLINGER: Good evening, my name is David Klinger; I live at 141 Potomac Drive, which is up by Trader Joe’s. I’m obviously not involved in the hillside, but I have just gone through a process of applying for a waiver for a fence height where I had an existing 7’ fence in some areas and 6’in others. I bought the house two years ago; it was in poor condition at the time and now it needs to be replaced. I was required to go through the Community Development process and pay a $233.00 fee in order to be able to replace my fence and add 7’ all the way around. I bring this up because I look around my neighborhood, we walk the dogs a lot, and there are a lot of 7’ fences. I took a sample of three. No one had applied for a waiver. I feel kind of discriminated against, I guess, having to pay a fee. I did go and have signed approvals from all the neighbors. I looked at what San Jose does. They have 7’ fences allowed, and Cupertino allows a 7’ fence if you have documented approval of your neighbors. I think a reasonable and prudent metaphor might be driving down the highway, the speed limit is 65, everybody drives 70, and it’s not enforced on that way. LOS GATOS PLANNING COMMISSION 7/26/2017 Item #5, Town Code Amendment A-17-002, Hillside Fences 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 So there are just a lot of people, a lot of residents of Los Gatos, that have non-compliant fences. Somebody could choose to report them to code enforcement; I don’t think that makes a lot of sense. I think what has happened here over time is that the 6’ fence has kind of migrated more up to a 7’ level; typically it’s 6’ of solid and 1’ of lattice. My recommendation is to adopt probably the Cupertino approach of allowing 7’ if you have approval of your neighbors, and that’s the people who are really affected. The ordinance really isn’t protecting anybody else except the immediate neighbors. Also, hillside. We have quail, we have raccoons, we have possums, and so we have wildlife in our neighborhoods too. Yes, sir? COMMISSIONER O'DONNELL: Go ahead. VICE CHAIR KANE: I read your letter, Mr. Klinger. Did you get a response from anyone on this? DAVID KLINGER: Sean Mullin did. He encouraged me to be here tonight, so I’m here tonight to make the case. VICE CHAIR KANE: Thank you. COMMISSIONER O'DONNELL: If there are no other questions, thank you very much. The next card I have is Bruce McCombs. LOS GATOS PLANNING COMMISSION 7/26/2017 Item #5, Town Code Amendment A-17-002, Hillside Fences 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 BRUCE McCOMBS: I’ll start at the beginning. My name is Bruce McCombs; I live at 16160 Kennedy Road. My wife and I are lifelong residents of Los Gatos; we’ve lived in our current home for a little more than 40 years. Our home on Kennedy Road is located on a hillside just above Kennedy Meadows. Our property has a total of seven paths that the deer in our neighborhood have created over the years. The seven paths eventually merge into two, and the deer in our neighborhood use these paths nearly every day as they make their way down from the hillside above our house to the meadow across Kennedy Road, seeking shelter among the shade trees. My wife and I have enjoyed this scene near every day for the past 40 years, and it’s in these moments we feel so very fortunate to be able to call Los Gatos our home. I’m here this evening to discuss the very clear impact that steel and chain link fences have on the deer and other wildlife who live in our area, especially the young fawns who are just learning to navigate their way around the neighborhood. These are some of the photos that we took throughout the neighborhood that just shows some of the fences. You can see a cyclone in the back. This brings me to my next point. LOS GATOS PLANNING COMMISSION 7/26/2017 Item #5, Town Code Amendment A-17-002, Hillside Fences 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 My wife and I continue to be concerned for the safety of wildlife in the area. This most recent deer- related incident in our neighborhood occurred on Monday morning as my wife was headed into town. When she left our driveway my wife noticed a doe on one side of our neighbor’s chain link fence—that’s the other side—with her fawn stuck on the other side right next to the road. Please note that this incident was occurring as cars are zooming by with the fawn frantically dashing back and forth in front of the fence trying to get to her mother. It goes without saying, this would be an extremely upsetting experience for anyone concerned about the wellbeing of wildlife in and around our town, especially in the hillsides where the vast majority of wildlife live. I believe that the proposed amendments to the Town’s Fence Ordinance would provide a major benefit to the wellbeing of many of the different species of wildlife living in our hillsides. I’m very grateful to the Town for taking the initiative to address this extremely important issue. Here we see a fence that I built for a neighbor about three years ago. It’s a pretty simple cedar fence; as we can see it fits in with the surroundings. But the thing that makes it the most important is it has a long lifespan, LOS GATOS PLANNING COMMISSION 7/26/2017 Item #5, Town Code Amendment A-17-002, Hillside Fences 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 a fence of this design establishes a clear property boundary, and at the same time is very wildlife friendly. Notice the spacing between the horizontal rails and the space between the bottom rail and the ground. Deer, quail, rabbits, and birds can pass over or under this type of fence with very little effort. In short, I believe that this type of fence would be an ideal model for future fences built on the hillsides above Los Gatos. Finally, my wife took these photos from our driveway last summer. The doe and fawn shown here are standing on one of the several paths that lead to the meadow on the other side of the road. As we can plainly see, not a fence in site. In conclusion, the proposed amendments for the Town’s Fence Ordinance provide a much-needed solution to a very serious problem, and I’m asking the Planning Commission to please vote unanimously to approve the proposed amendments. Thank you. COMMISSIONER O'DONNELL: Thank you. We’ll see if there are any questions. There aren’t, so thank you. BRUCE McCOMBS: Thanks very much. COMMISSIONER O'DONNELL: The next card is David Weissman. LOS GATOS PLANNING COMMISSION 7/26/2017 Item #5, Town Code Amendment A-17-002, Hillside Fences 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 DAVID WEISSMAN: Los Gatos has a great tree protection ordinance. COMMISSIONER O'DONNELL: Dr. Weissman, would you give us your address? DAVID WEISSMAN: We don’t do addresses anymore. COMMISSIONER O'DONNELL: It’s so nice if you do. DAVID WEISSMAN: All right, 15431 Francis Oaks. COMMISSIONER O'DONNELL: Thank you. DAVID WEISSMAN: Los Gatos has a great tree protection ordinance. The goal of this revised Fence Ordinance is to have actual live animals living in our protected hillside forests. The impetus for these changes come from the fact that while the Hillside Guidelines clearly appear to require that hillside fences must allow wildlife to pass through and to protect wildlife corridors, Staff has interpreted these provisions as applying only to new A&S applications. Before writing our draft we got information from Committee for the Green Foothills; Woodside; Los Altos Hills; Sonoma County Open Space District; Montana Outdoors; and Jackson, Wyoming. We then took the best of all these jurisdictions and their documents, and after working with Staff, you have the draft before you. LOS GATOS PLANNING COMMISSION 7/26/2017 Item #5, Town Code Amendment A-17-002, Hillside Fences 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 I want to address the five bullet points on page 2 of the Staff Report that Staff says they have concerns with. Bullet #1: The two latest smoking ordinances have five and two pages respectively of whereas. We think the short Vision Statement of the Fence Ordinance draft is helpful, and it was also suggested by Mayor Sayoc. Bullet #2: Minor Residential Development Permits cost more than $2,200. This is a lot of money and we would like to see these fees reduced for fences, perhaps more along the cost of obtaining a Waiver Permit for $233. The point is to get citizens to the counter where Staff can ensure that they are aware of the newest fence regulations, it is not to be punitive with excessive costs, and in some situations no permit is required. Bullet #3: Yes, strict regulation is necessary to ensure that the best quality fences are built, plus the Hillside Guidelines already require an open view, design, and wildlife friendly design. Do people really need to enclose a barbeque and playground area farther than 30’ from the house? Living in the hillsides is a compromise. Bullet #4: Under the draft, fences farther than 30’ from the primary residence in hillsides shall be less than 42” in height to ensure that such fences are indeed LOS GATOS PLANNING COMMISSION 7/26/2017 Item #5, Town Code Amendment A-17-002, Hillside Fences 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 wildlife friendly. By comparison, Jackson, Wyoming limits fence heights to 38”, and Sonoma County Open Space District limits fence heights to 40”. Bullet #5: Replacement and modification of hillside fences would have to meet the new regulations. This is the appropriate time to try to improve the stability of our hillsides. Nevertheless, under this draft all current situations are grandfathered in. Our goal in this ordinance is to maximize the contiguous open space and to keep animals offroad. COMMISSIONER O'DONNELL: Let’s see if there are any questions. Vice Chair Kane. VICE CHAIR KANE: Dr. Weissman, in what has been proposed I wasn’t clear on what we would do about existing chain links and barbed wire. DAVID WEISSMAN: It’s there, and I don’t think we can make this retroactive. We have no intention of making this… It would be wonderful if when people come in for modifications that they would make it more animal friendly. VICE CHAIR KANE: So it would be a going forward? DAVID WEISSMAN: Yes, going forward completely. VICE CHAIR KANE: Thank you. DAVID WEISSMAN: Commissioner Hanssen asked is this a problem? When I moved into my property 30 years ago LOS GATOS PLANNING COMMISSION 7/26/2017 Item #5, Town Code Amendment A-17-002, Hillside Fences 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 we used to have many animals, skunks, bobcats, possums, and over the years things have just disappeared, and as you drive around our area you see fences along perimeters of houses. They serve no function except to mark your property line, and there are consequences for doing this. I think some of the other speakers that will come will also support this. So it really is a problem. If we live in the hillsides, we live there because of the animals too besides just the trees, and these have had impacts. COMMISSIONER O'DONNELL: Other questions? Thank you very much. Thank you for all the work you did. I can tell it was a lot of work. The next card I have is MacKenzie Mossing. MACKENZIE MOSSING: Good evening, Chair O'Donnell and members of the Commission. My name is MacKenzie Mossing and I work for the Santa Clara Valley Audubon Society. With over 2,000 members in Santa Clara County, our organization is one of the largest Audubon chapters in California. Our mission is to promote the enjoyment, understanding, and protection of birds and other wildlife through birding, education, and conservation. We believe that with adequate consideration and attention people can live in harmony with birds and wildlife in our communities and landscapes. LOS GATOS PLANNING COMMISSION 7/26/2017 Item #5, Town Code Amendment A-17-002, Hillside Fences 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 We appreciate the Town of Los Gatos’ efforts to reduce the impacts of urban sprawl on our natural environment, and are very supportive of the proposed Fence Ordinance. People in Los Gatos and regionally love their deer and bobcats. They care to be able to see them in their natural habitat and care to preserve the ability of the animals to move between pastures and water, to migrate, and to disperse. It is imperative that we avoid fencing that will restrict this movement. Hillside development and associated fencing can severely impede the functionality of critical landscape linkages and fragment habitat for local wildlife, causing serious degradation of regional ecosystems. Impassible property fences and perimeter fences may force animals to travel along busy roadways rather than through open space, posing a safety hazard for both wildlife and vehicle traffic. Further, certain types of fencing can cause devastating injuries and death to wildlife as they try to jump over or crawl through fencing. To your question, Commissioner Hanssen, this is a well-documented issue in our region in terms of injury to wildlife, as well as road kill. Our organization has received numerous photos documenting such instances over the years. Simple LOS GATOS PLANNING COMMISSION 7/26/2017 Item #5, Town Code Amendment A-17-002, Hillside Fences 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 solutions, such as adequately spaced wood or smooth wire fencing can allow safe passage of wildlife without injury, and minimize human/wildlife conflict. We applaud the Town of Los Gatos for considering this important step towards facilitating wildlife movement and for demonstrating that our communities can co-exist with nature and wildlife. Please vote to recommend adoption of the proposed ordinance. Thank you. COMMISSIONER O'DONNELL: Thank you. Let’s see if there are any questions. There are none, so thank you for coming. The next card I have is Kit Gordon. KIT GORDON: Good evening, I’m Kit Gordon speaking on behalf of the Sierra Club Loma Prieta chapter. We support protecting wildlife corridors and migration routes in the hillside areas of Los Gatos. We applaud Los Gatos for its existing wildlife friendly Hillside Guidelines. Wildlife corridors promote healthy and diverse gene pools for the many species that live in our area. Habitat fragmentation, however, can decrease biodiversity through increased predation, inbreeding, genetic defects, and increased disease risk for species. Adequate wildlife corridors benefit animals, plants, insects, as well as humans. LOS GATOS PLANNING COMMISSION 7/26/2017 Item #5, Town Code Amendment A-17-002, Hillside Fences 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 Biodiversity requires not only wildlife permeability, but also includes native plants to sustain our native species. We support your policies that protect native vegetation along creeks and corridors in hillside areas. Locally, partnerships are investing several million dollars to evaluate wildlife corridors along Highway 17 and Coyote Valley. These partners include Caltrans, Land Trust of Santa Clara, Santa Cruz County, Mid-Peninsula Regional Open Space District, Santa Clara Open Space Authority, Peninsula Open Space Trust, Guadalupe Coyote Resource Conservation District, Santa Clara County Parks, Santa Clara Valley Water District, the Department of Fish and Wildlife, and the USCS Puma Project. They are all investing in protecting wildlife corridors. We urge the Commission to approve the proposed Fence Ordinance allowing wildlife permeability. As our beautiful valley continues to be developed, impinging on natural habitats, these restrictions become more and more valuable for our fragile ecosystem. Thank you. COMMISSIONER O'DONNELL: Thank you. Any questions? Thanks, again. Next card I have is for Alice Kaufman. LOS GATOS PLANNING COMMISSION 7/26/2017 Item #5, Town Code Amendment A-17-002, Hillside Fences 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 ALICE KAUFMAN: Good evening, Commissioners. My name is Alice Kaufman; I am here on behalf of Committee for Green Foothills. We are an open space and natural resource preservation operating in San Mateo and Santa Clara Counties since 1962. I’m here to speak in support of the draft ordinance. As I’m sure you’re aware, the Santa Cruz Mountains are a habitat for a diversity of wildlife. However, the animals in this area are suffering from the existence of many barriers to movement that impedes their ability to find food, mates, and other necessities for population survival. Roadways cut across available migration routes, resulting in animals trying to cross busy roads, with hazardous results for vehicles as well as animals. Anyone who has ever seen a deer walking along the edge of a road hemmed in by walls and fences can understand the dangers that animals undergo in order to reach the areas they need to access. Building tall fences may keep animals off your property, but it will force them into the road where they pose a collision danger for passing vehicles. Those who choose to build homes at the interface between urban areas and natural communities typically do so because they value the surrounding natural area, but to LOS GATOS PLANNING COMMISSION 7/26/2017 Item #5, Town Code Amendment A-17-002, Hillside Fences 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 live in harmony with nature does require compromise. You can’t expect to have all of the human-oriented conveniences that exist in a fully urban area while still enjoying living out in nature. We believe that the draft ordinance exemplifies a reasonable degree of compromise between nature and human habitation. Limiting the additional requirements to only those fences that are more than 30’ from the home allows for wildlife to be excluded from what is typically considered an ordinary back yard area that can accommodate vegetable gardens, kids’ play areas, and other similar uses. I’d also like to point out the issue here is not only one of allowing wildlife movement, but also of ensuring wildlife safety. Fences that include barbed wire or wire strands stretched between posts are hazardous to animals. Deer will often attempt to jump the fence and may get their legs tangled in the wire. I’ve seen photos of juvenile deer that starved to death after getting their legs tangled in wire fencing. We ask you to please consider the ordinance that’s been submitted and move it forward. Thank you. LOS GATOS PLANNING COMMISSION 7/26/2017 Item #5, Town Code Amendment A-17-002, Hillside Fences 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 COMMISSIONER O'DONNELL: Thank you. Any questions? No. Thanks, again. The next card, and I think it’s the last card, is Tanya Kurland. TANYA KURLAND: Hello, my name is Tanya Kurland and I’m at 15275 Seaview Drive in Los Gatos. I would like to address some concerns about what actually those fences are for, because it seems to me that previous orators assumed that fences don’t serve any purpose except people wanting to mark their territory. This is actually not true. I’ve seen fences here to protect people, because according to the results of a study announced by Stanford University researchers in 2014, “Lyme disease is more spread by areas of open space than previously thought,” and the study (inaudible) California also revealed that (inaudible) a second bacteria previously undetected in the region and known (inaudible), and this is actually very dangerous bacteria which causes flu-like disease which can be deadly to elderly people, small kids, and immunity deficient people. A lot of people, and even doctors, believe that Lyme disease is easily treated by antibiotics and just disappears after that. Unfortunately, often the bacteria can hide in the body, attacking the body, attacking the LOS GATOS PLANNING COMMISSION 7/26/2017 Item #5, Town Code Amendment A-17-002, Hillside Fences 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 central nervous system and brain. The chronic form of Lyme disease have left many patients mentally and physically debilitated. Again, drastically there is a shortening of life. There has actually been a lot of research that prove that point, and I already submitted in my email links and information about these diseases, and by area, and how important it is. And I would like to emphasize that it’s not that widespread as on the east coast, but personal risk is actually greater, because we don’t have public awareness here and people just don’t know that they can contract Lyme disease, and even doctors do not continually test their patients. I’ve been reading about a lot of cases where people have been sick with Lyme disease for decades and basically disabled because of it, and doctors just didn’t test them, because they were not aware of it. Just recently it came to public attention research had been made where we actually became aware of the widespreading of this disease, and researchers have found the number of (inaudible) reported cases of Lyme disease per thousand households strongly correlated with deer population density in the community. While I strongly think that we should maintain (inaudible) for deer on our property, we should do that, LOS GATOS PLANNING COMMISSION 7/26/2017 Item #5, Town Code Amendment A-17-002, Hillside Fences 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 but we should enclose our areas where people routinely spend their time with high fences and keep deer out of them. COMMISSIONER O'DONNELL: Thank you. Are there any questions? No. All right, I have no other cards, so what I’m going to do is close the public input of this evening, and we’re going to ultimately continue this matter, so I would assume that it would be okay to reserve our comments then until then. JOEL PAULSON: It is. I think if there’s anything specifically for the topics that we raised, which obviously Dr. Weissman raises well. I think generally there are a number of ways where these things can be handled. I know Dr. Weissman and Lee Quintana looked at a number of different possibilities. Mr. Mullin comes to us from Woodside, who has an ordinance. They do it a little bit differently. They do it from setbacks from road, so you have corridors rather than setbacks from the structures, and they’re a little bit different process. The necessity for going through the Minor Residential Permit process that Dr. Weissman and Lee were interested in notifying and having a process where we notify the neighbors when you’re applying for a Fence Permit. Currently we have sport court fencing, where if you LOS GATOS PLANNING COMMISSION 7/26/2017 Item #5, Town Code Amendment A-17-002, Hillside Fences 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 want to go over 6’, that goes through a Minor Residential Permit, we notify the neighbors, and that’s where the fee comes from. That’s also appealable, that process. If one of your neighbors objects to the fence you want to put in, then they ultimately will come before the Planning Commission, just as any other Minor Residential application. So that’s the necessity for the fee. So going through some of these items, there are some exceptions, as Dave noted, for a number of things, and then also for the replacement of the existing fencing, if it’s I believe more than 50’ or more than 25% of the fence, then you have to come into compliance. We just wanted to raise these concerns. There may be private property right concerns from folks who are used to having to go through this process, and the way the current process is set up, whether you are doing a 6’ fence within 30’ in planting zone one, or a 42” outside of the 30’, you need a permit. So just things to consider, and if you believe these things are all appropriate given the circumstances and kind of the direction, then we’re perfectly fine carrying that forward as well. LOS GATOS PLANNING COMMISSION 7/26/2017 Item #5, Town Code Amendment A-17-002, Hillside Fences 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 COMMISSIONER O'DONNELL: Let me ask you this question. You said that Sean’s experience was in Woodside? JOEL PAULSON: Woodside, correct. COMMISSIONER O'DONNELL: And so perhaps, if you will indulge me, that’s a contrasting measurement system. Could you explain that to us? SEAN MULLIN: Sure. The Town of Woodside looks at fencing two ways. One is a barrier to wildlife, but the other is a barrier visually, and the community character up there is to protect the rural character of the town. The setback that’s required for fencing is only along roads, and it’s measured from the edge of the driving surface, so the measurement or setback can start off your property. It’s not measured from the property line, because the right-of-way may be 50’ and the improvement may only be 30’. The guiding documents, the Residential Design Guidelines and the General Plan, encourage wildlife passage corridors. I should preface all this that a permit was required for any fencing regardless of height, and the maximum height was 6’. You could build solid fencing, and these setbacks that I mentioned as measured from roads vary depending on the height of your fence and whether it’s a visually open fence or not, so it gets a little complicated LOS GATOS PLANNING COMMISSION 7/26/2017 Item #5, Town Code Amendment A-17-002, Hillside Fences 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 there, but the way Staff was instructed to handle someone coming in with new perimeter fencing, they come into the county and say I need to pull a permit for a fence, was to enforce the setback as the code required, but also work with the applicant and explain to them the importance of the language in the guiding documents about wildlife passage, and urge them and work with them to try to bring in the fencing from the property line. So if they wanted to build the maximum fence on a one- or five-acre property they would put it right on the property lines and then maybe 50’ back from the road, and to a pretty high degree of success Staff was able to get 10’, 15’, 20’ corridors along a property line, maybe two property lines, maybe three, and while not completely open range land, create wildlife corridors so animals could get off the road and traverse into the woodland, but also provide for enjoyment of the property. The cautionary tale here is that the properties in Woodside tend to be larger, and at least my experience was it was easier to ask someone with five acres to give us 10-15’ on a property line than it was in the same community to ask someone with a 1,500 square foot property to do the same. But that’s how it’s regulated there; it’s a little bit different. LOS GATOS PLANNING COMMISSION 7/26/2017 Item #5, Town Code Amendment A-17-002, Hillside Fences 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 COMMISSIONER O'DONNELL: All right, if you have some general questions or comments, we can certainly make them. Otherwise, we can just ask at our next meeting. But I think Commissioner Hanssen had her hand up first, or Commissioner Badame, whichever you ladies would like. CHAIR BADAME: I just want to make a comment. If anybody watches the local news or reads Next Door posts about Los Gatos and coyotes, there is an influx of coyotes in our residential neighborhoods in Los Gatos. I mean it’s a big problem. So I’d be curious if other jurisdictions have this problem, or if their fence ordinances are different from ours so that it has mitigated the problem, so they don’t have the same problem as we do, or if we update our Fence Ordinance if it would mitigate the problem we are having and seeing in Los Gatos. COMMISSIONER O'DONNELL: Any comments on that, or should we defer that? JOEL PAULSON: I’ll make a simple statement. You hear that ring true all over California in urban areas, that coyotes are problematic. Obviously, that’s problematic for domestic animals, whether those are cats or dogs, but this ordinance would provide an area, although limited, for those types of animals to have some protection. I don't know that we have any evidence as to whether or not a Fence LOS GATOS PLANNING COMMISSION 7/26/2017 Item #5, Town Code Amendment A-17-002, Hillside Fences 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 Ordinance is going to change that. Coyotes are fairly persistent, from what I understand. ROBERT SCHULTZ: I think what Joel said is correct. I would just make the observation regarding the comment about the raccoons and skunks. Our Town Terrace area, which is really right in the middle of town, is where we get the most complaints from raccoons and skunks, so clearly I think they’ve come out of the hills, because that’s where they can find food. And possums, they’re all in that area is where we get the most complaints. COMMISSIONER BURCH: In case you wondered, there’s the watershed right behind my house, all of them. COMMISSIONER O'DONNELL: Vice Chair Kane. VICE CHAIR KANE: In lieu of Mr. Mullin’s comments, would you be able to develop some sort of best practices on Saratoga? Do we think we’re ahead of the game, or can we learn something from somebody else? JOEL PAULSON: I think we definitely can be informed. VICE CHAIR KANE: I know you’ve got enough to do. JOEL PAULSON: Dr. Weissman has helped us be informed, and with Sean’s expertise as well, it’s another component. We can come up with other options of maybe ways to try to provide wildlife corridors. They may not be as LOS GATOS PLANNING COMMISSION 7/26/2017 Item #5, Town Code Amendment A-17-002, Hillside Fences 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 extensive as what the current ordinance has, but at least then you can look at options. And we’ll also factor in, because that’s a good point on the lot size, we do have nonconforming lots in the hillside area that if you look at restricting it, it may be a little more challenging. But we can walk through and provide some options. VICE CHAIR KANE: Or maybe some of his comments in writing, or pertinent pages from what Woodside has. JOEL PAULSON: We can give you the actual language. COMMISSIONER O'DONNELL: I would be interested on that line of we have some recommendations here which are good, and I think Dr. Weissman already said in his letter on some of the comments that had been made, some of which he agreed with, I don’t think there’s any magic in 30’. On the other hand, there isn’t any magic against 30’, except that we are quite aware of the coyote thing. I mean you can’t live here and not be aware of the coyotes, so if I had a four year old and I was up in the hills, I’d want to at least protect some area. When I see 30’, I don't know whether that’s a good number or a bad number. When I see if somebody puts a garden in, whether we do anything about that, whether anybody puts in a gym set, so I’m more interested in not LOS GATOS PLANNING COMMISSION 7/26/2017 Item #5, Town Code Amendment A-17-002, Hillside Fences 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 don’t we do this, but if we do this can we do it in a way which is sympathetic to the property owner and yet facilitate the animals’ migration, feeding, all that? It’s a real question: how do you do that and try to balance both? But the bottom line is we should come away with some regulation that allows the animals freedom to move, but I’d like to balance that against the people who live here the freedom to protect, particularly, their children. You unfortunately can’t protect cats, you can’t contain them, but I see things all the time on Next Door, good old cat just bit the dust. COMMISSIONER BURCH: Can I ask one quick question? COMMISSIONER O'DONNELL: Sure. COMMISSIONER BURCH: This is just a very quick question, and I bet Dr. Weissman actually would already have this information and be able to share it with you. I heard what the lady said. I’m from the Midwest where Lyme disease and stuff, and my uncle actually just recently passed away from such a disease. I would be very curious, with the knowledge of what you were just talking about with children and stuff, if there is a distance. If I do have small kids and they’re going to be playing out in the yard, is it wise for me to put my protective fence, not LOS GATOS PLANNING COMMISSION 7/26/2017 Item #5, Town Code Amendment A-17-002, Hillside Fences 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 my friendly fence, my protective fence, 15’, 20’? Is 30’ the magic number that would allow for some type of protection from that, because it is becoming more prevalent here? COMMISSIONER O'DONNELL: Didn’t we see though somebody commented that the tick is more borne not by the deer but by squirrels and things like that which I don’t think any fences are going to keep out? COMMISSIONER BURCH: And that may be true, so I’m not asking for an answer now, if there is something that would assist in looking at the (inaudible), I would be curious. JOEL PAULSON: We can look and see if that information (inaudible). COMMISSIONER O'DONNELL: Commissioner Hanssen, did you have something? COMMISSIONER O'DONNELL: I just had a couple comments. I know we’re going to discuss it more, but one comment that was in the written comments mentioned about the pets. Just using my own personal example, we have a home in the hillsides and it happened to have a fenced in yard, and this has been a great thing for our dog, and our neighbors who didn’t have a fenced in yard, their dog got bit by the coyote, and $2,5000 worth of surgery later it’s LOS GATOS PLANNING COMMISSION 7/26/2017 Item #5, Town Code Amendment A-17-002, Hillside Fences 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 still alive, but almost died and everything. So I’m totally sympathetic. We have deer running through all the time. I certainly am sympathetic to this whole idea of getting the wildlife to be able to pass through safely, but then what are people supposed to do with their pets? We have 52 houses in our neighborhood. I can only think of maybe five families that don’t have dogs. I mean you can get invisible collars, but do you really want to put electronics close to the brain and everything like that? So the pets thing is something that concerns me in how do you make that compatible with the wildlife? And then the other thing was this 30’ thing, I agree with Chair O'Donnell, I’m not sure if that makes sense, because most people I know use all the different parts of their yard for different things, like the pool might be over here, and the play swing set might be over here, and a lot of it, especially in hillside lots, it’s going to be way more than 30’ from the home, because we have a minimum of one-acre lots in our neighborhood, so a lot of things are going to be more than 30’ from the house. I had this picture of islands of fences; you get this one around your pool, and this one around your garden. What’s LOS GATOS PLANNING COMMISSION 7/26/2017 Item #5, Town Code Amendment A-17-002, Hillside Fences 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 that going to look like? I mean it might let wildlife through, but it will look bad. That was one thing. Then I just want to mention about the fees. I heard where it came from, but there are some people that have five-acre lots and they want to do the perimeter thing, even if it’s like 30” or something, and then someone else has a 100’ segment, and then they’re still going to have to pay $2,500? Just to give you an example, we have ponds in front of our house, and we actually had a deer drown in one of the ponds, and so we put the fence in to protect them and children who were leaning over looking into the ponds and everything like that, but we paid about $5,000 for the fence. It’s a relatively open fence. But then I would have to pay another 50% on top in terms of fees versus somebody that had a five-acre lot. So I just wondered if maybe it should be related to the amount of the fence? JOEL PAULSON: We can come back with options on those things. I think the one thing that comes to mind is the ones that are within the 30’ which is tied to the ornamental landscaping requirement in the Hillside Guidelines, so that was an easy link, I think, that maybe those don’t require permits. You can do a 6’ fence and you’re fine, and then it’s really the open fences outside LOS GATOS PLANNING COMMISSION 7/26/2017 Item #5, Town Code Amendment A-17-002, Hillside Fences 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 of that. And there are also opportunities for the Community Development Director to make exceptions in certain instances, like your pond one, for instance. I think that one is probably something that would fall into that classification. COMMISSIONER HANSSEN: And unusual, too. JOEL PAULSON: Yeah, so we’ll come back with some additional information on those things. COMMISSIONER O'DONNELL: Okay, so we’ll do that, and I think that will allow us then to move into a Staff Report. From: Mark Muser [mailto:lpspin@earthlink.net] Sent: Saturday, September 09, 2017 12:24 PM To: Joel Paulson Subject: Re: Fence Height Exception Request Hello Again Mr. Paulson, To follow up with our phone conversation in August, I have attached a purposed addition to the exceptions section of the Town of Los Gatos fence ordinance SEC . 26. l 0 .065 My recommended addition is highlighted in red . Please review it and purpose this addition to our Towns fence regulations . Thank You Kindly, MarkMuser Strathrnore Pool Club c~ EXHIBi I 1 2 Sec. 29.40.030. Fences, Hedges & Walls A. In r eside nti al zones, fe nces , hedges, and wa ll s not over 6 feet high are allowed on or wit hi n all property lin es , except th at no owner or occupant of any corner lot or premises in the Town shall erect or mai ntain upon such lot or premises any fe nce , hedge or wall high er than 3 feet above the cu rb in a traffic view area u nless a permit is secured from the Town Engin ee r. A traffic view area is the area which is within 15 feet of a public street and within 200 feet of the right-of-way lin e of an inter section . Barbed wire or razor ribbon wire is prohibited in all zones. B . Th e following exceptions shall apply: 1. Properties within historic districts or ha ve a Landmark and Hi stori c Preserv ation Overlay shall not have fen ces, hedges, and walls higher than 3 f eet in a front yard except as provided in subs ection 29.40 .030(b)(2). Any fence , hedge or wall erected in a front ya rd shall be of open design. 2. Gateways or entryway arbo rs may be higher than 6 feet in any zone including historic dis tr icts and sh all be of open design but i n no case sha ll a gateway or entryway arbor be higher than 8 feet, have a width greater than 6 feet, or have a depth greater than 4 feet. All gateways and entryway arbors shall be cons tructed of open design . No more than 1 gateway or entry arbor per street frontage is allowed . 3. Boundary line fences or walls adjace nt to commercial property ma y be 8 feet high if requested or agreed up on by a majority of the re sidential property owners . 4 . Propert ies not o n a stre et co rn er, may have s id e yard and rear ya rd fences , hedges, or walls be h ind t he front ya rd setback that are 8 feet high if the property owner can demonstrate to the sa ti sfaction of the Pl anning Director that the following co nditions exists: a. A specia l privacy concern exists th at merits the need for the eight-foot he ight and that the se con ce rn s can not be practically add r essed by add ition al landscapin g or tree sc reen ing . Written justifi cat io n sha ll be provide to the Planning Department which documents th e spec ial privacy co nce rn , and the higher fen ce heig ht may only be approved at the discretion of th e Pl ann in g Director. b. A spec ial wildlife/an im al problem affect s th e property and merits the n eed for th e higher eigh t-foot height because no pract ica l al tern atives exis t to a ddress th e prob lem. Documented insta nces of wildlife grazin g on gardens or domestic landscaping may be an exa mpl e of su ch a problem . Fencing proposed for rural or hill s ide areas shall be of an open design that does not detract from the scen ic nat ure or character of the s urrounding ar ea. c . A special safety/security concern with Home Owner Association Private Swim Pool Clubs exists that merits the need for the eight-foot height and that these concerns cannot be practically addressed by additional landscaping or tree screening . Sean Mullin From: Sent: To: Joel Paulson Monday, September 11, 2017 9:16 PM Sean Mullin Subject: Fwd: Proposed fence ordinance Sent from my iPhone Begin forwarded message : From: Marica Sayoc <MSayoc@losgatosca.gov> Date: September 11, 2017 at 9:11 :31 PM PDT To: Bonnie Payne <bonnieapayne@comcast.net> Cc: Laurel Prevetti <LPrevetti@losgatosca .gov>, Joel Paulson <jpaulson@losgatosca.gov> Subject: Re: Proposed fence ordinance Dear Mr. and Mrs. Payne - Thank you for sharing your objections to the proposed fence ordinance . I am copying our town staff so that your email can be shared with the Planning Commissioners who will be reviewing this proposal during their Commission hearing this Wednesday. Marica ***************************************** Marica Sayoc Mayor, Town of Los Gatos ***************************************** On Sep 11, 2017, at 6:08 PM, Bonnie Payne <bonnieapayne@comcast.net> wrote : September 11, 2017 Dear Mayor Sayoc, I wish to go on record as objecting to the new fence ordinance proposal. It is hard to believe that the fence that surrounds our property could not be repaired or replaced in its current location, which includes the orchard we have been nurturing for 20 years and further from our house than 30 feet. Does that mean that our orchard needs to be abandoned if our fen ce ever needs to be repaired ? 1 Please reject this proposal! Sincerely, Bonnie and Richard Payne 16216 Kennedy Road, Los Gatos 95032 2 Sean Mullin From: Sent: To: Joel Paulson Monday, September 11, 2017 9:58 PM Sean Mullin Subject: Fwd : objection to Town Code Amendment A -17 -002 Sent from my iPhone Begin forwarded message : From: Marico Sayoc <MSayo c@ losg atos ca .gov> Date: September 11, 2017 at 9:25 :30 PM PDT To: Richard Payne <rkpayne l@ma c.com> Cc: Laurel Prevetti <L Prevetti@losgatosca.gov>, Joel Paulson <jpaulson @lo sga tosca .gov> Subject: Re: objection to Town Code Amendment A-17-002 Hello Mr. Payne - I am sharing your emai l (and your wife's email) to our town staff so that they may share your concerns with the Planning Commission. They will review this proposed change on Wednesday and your email s will be included in public comments for their consideration. Marica ***************************************** Marica Sayoc Mayor, Town of Lo s Gatos ***************************************** On Sep 11, 2017, at 8:01 PM, Richard Payne <rkp ay nel@mac.com> wrote: Dear Mayor Sayoc, The proposed ordinance amendment would very negatively effect our quality of life. We have inve sted a great deal in developing an orchard on land that wa s orchard when the house was built in 1949. And in which we have lived for over 25 years, developing an orchard on our property. The only way that we can protect our investment from being destroyed by deer is to have it fenced . While I understand that the goal is to allow animals opportunities to move through the town, a goal of which I approve, there is a difference between mandating something like openings that enable coyotes, ra ccoo ns, foxes and so on freedom of movement, and not being able to protect from dee r. As desc ribed I strongly object to the amendment, yours, Richard Payne 16216 Kennedy Road Los Gatos, CA 95032 4 08.358.3332 1 Sean Mullin From: Sent: To: Subject: Attachments: Follow Up Flag: Flag Status: Sean and Joel, David Weissman <gryllus@gmail.com > Tuesday, September 12, 2017 9:07 AM Sean Mullin; Joel Paulson Fence Ordinance revision Fence. 9 -13-2017 .To.docx Follow up Flagged Please send the attached document to the PC members for the PC meeting on Wednesday, Sept 13th. Thank you. Dave Dave Weissman 15431 Francis Oaks Way Los Gatos, CA 95032 H: (408) 358-3556 gryllus@gmail.com 1 To: Planning Commission, meeting of 9/13/2017 Re : Fence Ordinance From : Dave Weissman, 9/12/2017 At the prior meeting of 7 /26/2017, Commissioner Hanssen asked why there is a need for this ordinance revision? The Town needs this new language because the 2020 General Plan Policy, LU-1 .3, says that a Town policy and goal is to "Preserve ... wildlife habitats in new and existing developments" and the HDS&G require that hillside open views be maintained and that wildlife corridors be protected . The current fence ordinance does neither. Additionally, at the last meeting, the PC heard from 3 local experts, from the Loma Prieta Chapter of the Sierra Club, Santa Clara County Audubon Society, and Committee for Green Foothills, as to why animal- friendly movement hillsides are important to the integrity of our urban forests. We need to protect the animals within our hillsides as much as we protect our trees. With these considerations in mind, I propose the following 5 changes/additions to staff's draft, shown below in bold, italics, and underlined. I urge that you approve Staff's draft, with my proposed changes (of course), and send this document onto the TC with the recommendation for adoption . Sec. 29.40.030. Fences, walls, gates , gateways, entry arbors, and hedges. Sec. 29.40.030xx. -Purpose and intent. The Fence Ordinance is divided into two parts: non- hillside and hillside areas. The use of fences , walls, gates. gateways, entry arbors, and hedges in the hillside areas shall be minimi zed and located so that natural landforms appear to flow together and are not disconnected . The primary emphasis shall be on maintai ning open views. protecting wildlife corridors, and maintaining the rural , open, and natural character of the hillsides . Additional details are available in the Town's Hillside Development Standards and Guidelines, including the statement on page 43: "Fences shall not be allowed in areas that would impede the movement of wildlife ... " Additionallv from photo caption on page 41. "Rural character allows wildlife to pass through." Sec. 29.40.030xx. -Definitions. The following words, terms, and phrases, when used in this division. shall have the meanings ascribed to them in this section. Fence means a man-made structure serving as a barrier or screen constructed of wood, metal, wire, masonry, glass, plastic, stone or any material. Fence height means measured from finished grade and shall be measured from either side of the property line which affords affected property owners the most buffering from noise, light, glare, or privacy impacts. Hedge means a boundary formed by closely growing deciduous or evergreen bushes or shrubs. Hillside lot means a parcel of land that is shown on the Hillside Area Map in the Hillside Development Standards and Guidelines regardless of zoning district. Movement corridor means a movement pathway that is typically independent of season and used by animals on a near daily basis for the acquisition of food , shelter, water, and mates . Open-view design means a fence or other structure that permits views through it. Planting Zone I means that area within a 30-foot radius of the primary dwelling unit on a hillside lot. Retaining wall means a man-made structure designed to retain soil. Riparian corridor means an area comprised of habitat strongly influenced and delineated by the presence of perennial or intermittent streams. Page 2 of 6 Draft 9/8/17 Draft Amendments to Chapter 29 of Town Code - Hillside Fences Stream means a body of water that flows at least periodically or intermittently through a bed or channel having banks. The body of water may include watercourses having a surface or subsurface flow that supports or has supported riparian vegetation, fish, or aquatic life. Top of bank means a stream boundary where a majority of normal discharges and channel forming activities take place. The top of bank will contain the active channel. active floodplain , and their associated banks. Where there are no distinguishable features to locate the top of bank, the local permitting agency will make a determination and document as appropriate. In the absence of this determination, the I 00-year water surface will be used. Traffic view area means that area, on comer lots, which is within fifteen (15) feet of a public street and within two hundred (200) feet of the right-of-way line of an intersection, or a distance of thirty (30) feet measured horizontally in any direction from the point of intersection of the property lines at street comers. Wall means a man-made structure that defines an area , carries a load, or provides shelter or security. Wildlife-friendly design means a fence, wall , hedge, or other structure that permits any animal, regardless of size, to easily climb under, pass through, or jump over. Sec. 29.40.030xx. -Non-hillside lots: Proposed new fences , walls , gates, gateways, entry arbors, and hedges. (A) In residential zones, no permits are required for the repair, replacement, or construction of fences, walls , gates, gateways, entry arbors, or hedges that are less than six (6) feet high on, or within all property lines. (B) The following height exceptions shall apply: (I) Corner lot: In a traffic view area, no corner lot or premises in the Town shall have any fence, wall , gate, gateway, entry arbor, or hedge higher than three (3) feet above the curb unless permission i s secured from the Town Engineer. (2) Properties not on a street corner: At the discretion of the Director of Community Development, side yard and rear yard fences, wall s, gate, gateways, entry arbors, or hedges, behind the front yard setback, may be a maximum of eight (8) feet high provided the property owner can provide written justification to the Planning Department that demonstrates either of the following conditions exists: a. A special privacy concern exists that cannot be practically addressed by additional landscaping or tree screening. b. A special wildlife/animal problem affects the property that cannot be practically addressed through alternatives. Documented instances of wildlife grazing on gardens or ornamental landscaping m ay be an example of such a problem. (3) Historic Districts and /or Landmark and Historic Preservation Overlay : The maximum height of fences in the front yard shall be three (3) feet and shall be of open-view design. (4) Gateways or entryway arbors: May be up to eight (8) feet high, including within Historic Districts or for properties with a Landmark and Historic Preservation Overlay, and shall be of open-view design. A gateway or entryway arbor shall have a maximum width of six (6) feet and a maximum depth of four ( 4) feet. No more than one (1) gateway or entryway arbor per street frontage is allowed. Page 3 of 6 Draft 9/8/17 Draft Amendments to Chapter 29 of Town Code -Hillside Fences (5) Adjacent to commercial property: Boundary line fences or walls adjacent to commercial property may be eight (8) feet high if requested or agreed upon by a majority of the adjacent residential property owners. (C) Materials. The type of fencing materials within the non-hillside zone are generally unrestricted, and fences can be a combination of materials, with the following exceptions: (1) Plastic fencing is discouraged everywhere and is prohibited in Historic Districts . (2) Barbed wire or razor ribbon wire is prohibited in all zones. Sec. 29.40.030xx . -Hillside lots : Proposed new fence s, walls , gates, gateways, entry arbors, and hedges. This division section covers any new fence. wall, gate, gateway, entry arbor, or hedge, and the replacement, modification, and/or repair of any existing fence. wall, gate, gateway, entry arbor, or hedge whether the primary dwelling unit is new or existing. In the absence of a primary dwelling unit, an entire hillside lot, including any accessory structures such as a barn. storage shed, stable, or similar structure, shall be covered by the conditions of this Section. (A) Within 30 feet of primary dwelling unit (Planting Zone 1 ): (1) Approvals: Minor Residential Development approval is required pursuant to Section 29.20.480(2)(h). The permit shall be posted on site during construction. (2) Are subject to the provisions of Sec. 29.40.030, Non- hillside residential lots above. (3) Riparian corridor. No fence , wall , gate or hedge shall be constructed within a riparian corridor or within 3 0 feet of its top of bank. ( 4) Prohibited materials. Barbed or razor wire fences , including any fence with attached barbs, sharp points, or razors , are prohibited. (B) Greater than 30 feet from primary dwelling unit (outside Planting Zone 1 ): (1) Approvals: Minor Residential Development approval is required pursuant to Section 29.20.480(2)(h). The permit shall be posted on site during construction. (2) Accessory structures. Fences associated with accessory structures, if located farther than 30 feet from the primary dwelling unit, shall be governed by this section. (3) Wildlife friendly. All fences , walls, gates, and hedges shall be of wildlife-friendly design. If a new hillside fence is, in part, closer than 30 feet to the primary dwelling unit and , elsewhere, farther than 30 feet from the primary dwelling unit, the portion that is farther than 30 feet shall be of wildlife-friendly de sign. (4) Maximum height: a . New fences. The maximum height of new fences shall be 42 inches . b. Hedges. Hedges shall be maintained at a maximum height of 60 inches (5 feet). c. Hedges shall have two-to four-foot-wide gaps at least every 25 feet. (5) Minimum height above grade: a. New Fences . The minimum height above grade of new fences shall be 16 inches. ( 6) The foll o wing fence types are not of wildlife-friend] y design and are therefore prohibited: a. Chain-link, chicken wire, welded wire, wire mesh, cyclone or similar fence material Page 4 of 6 Draft 9/8/1 7 Draft Amendments to Chapter 29 of Town Code -Hillside Fences b. Buck and rail fences . c. Any fence with bare lengths of wire stretched between posts. d. Electric fences , including any fence designed to produce an electric shock, except where necessary for animal husbandry operations . e . Barbed or razor wire fences , including any fence with attached barbs, sharp points, or razors . (7) Fence design. a. Fences shall be of an open-view design that does not detract from the scenic nature or character of the surrounding area. b. Traditional split-rail fences are encouraged. Rural styles shall emphasize natural colors such as brown, grey or green. c. Fences shall have a top level of wood (or similar material) rail rather than wire. d. Split rail fences shall include a minimum 12-inch spacing between rails wherever feasible. e. Hedge plant species shall consist of those listed in Appendix A of the Hillside Development Standards and Guidelines. f. The spacing of vertical fence posts shall be at least j8 feet apart, unless physically impossible due to terrain or other conditions.!. (from HDS&G, page 43) g. "Onlv open fencing shall be located within 20 feet o(a property line adjacent to a street." (8) Fence, wall, gate. and hedge siting: a . Fences and hedges shall be located to follow natural contours, whenever possible. b. Fences and hedges shall be located to avoid impacts to trees , animal movement corridors, and other natural features. (from HDS&G, page 43) "Fences shall not be allowed in areas that would impede the movement of wildlife .•. ". No fence. wall, gate or hedge shall be constructed within a riparian corridor, stream, or within 30 feet of its top of bank. d. No fence , wall, gate, or hedge shall be constructed in the public or private right-of-way or within any trail easement or other easement precluding their construction unless allowed, in writing, by the Town Engineer. (9) Walls: a. Walls are prohibited unless needed for privacy as determined by the Director of Community Development. b. Town approved retaining walls are permitted. (C) Replacement or modification of existing fences, walls, hedges or gates: (1) Shall be subject to the requirements in this Ordinance. The permit will be posted on site during construction. (2) Are encouraged if such changes improve wildlife movement or animal corridors . (3) Replacement or modification of any fence, wall, hedge or gate shall be prohibited ifthe Town Engineer determines that a public safety hazard exists. (D) Repair. A permit is not required for repair of short sections of existing fences, walls, or hedges no greater than 50 percent of fence, wall , or hedge provided no other repair work is done on the same structure over a 12-month period. (E) Exceptions: (1) Fences around swimming pools, outdoor sports courts, and similar structures are not required to be of wildlife-friendly design, even if farther than 30 feet from the primary dwelling unit (see Sec. 29.l 0 .09020 for other swimming pool requirements). Sport court fencing may be 12 feet in height. (2) A temporary (1 to 3 year), animal excluding, circular enclosing fence may be erected to protect a newly planted tree or shrub . (3) Enclosure fencing around vineyards, orchards, and vegetable gardens shall be limited to those areas requiring enclosure and does not have to be wildlife friendly even if farther than 30 feet from the primary dwelling unit. (from HDS&G, page 43) "Deer fencing shall be limited to areas around ornamental landscaping. Larger areas shall not be enclosed ••. " (The HDS& G already limits ornamental landscaping to planting zone 1, within 30' o(the primary dwelling). (4) Fences needed for livestock control do not have to be of wildlife-friendly design even if farther than 30 feet from the primary dwelling unit. (5) Security fencing required to protect a public utility installation does not have to be wildlife friendly. (6) Written exceptions may be granted when the Director of Community Development finds that the strict application of these requirements will result in!!!! extreme hardship for the property owner. (F) Fees. The fee, as adopted by Town Resolution for Minor Residential development, prescribed therefore in the municipal fee schedule, shall accompany any application for a fence in the Hillside area submitted to the Town for review and evaluation pursuant to thi s division. (G) Enforcement. Any fence, wall , gate, gateway, entry arbor, or hedge constructed, replaced, modified, or repaired without required approval , is a violation of this Code. (H) Where a conflict exists between the Covenants, Conditions, and Restrictions (CC&Rs) of a hillside Planned Development (PD) and this document, the requirements of this document shall prevail. (I) Notices. Noticing shall comply with the public noticing procedures of section 29.20.480 of the Town Code. (Ord. No.1316, § 4.10.020, 6-7-76; Ord. No. 1493 , 3-17-81; Ord. No. 1873 , §I, 10-7-91; Ord. No. 2049, § I, 10-5-98; Ord. No. 2062, §I, 6-21-99; Ord. No. XX:XX, §) Sean Mullin From: Sent: To: Cc: Subject: cc: Town Council Town Manager CDD Director J. Paulson Associate Planner S . Mullin Good morning, Janette Judd Tuesday, September 12, 2017 10:34 AM adonkathy@aol.com Sean Mullin; Joel Paulson FW: Fence Ordinance Thank you for your e-mail, received by the Town Council and Town Manager. This matter is currently scheduled for discussion at the September 13 Planning Commission meeting. Your communication was received after the Planning Commission agenda was finalized and after initial public submittal deadlines. However, your comments will be included (along with all Public Comment) in supplemental materials distributed for tomorrow's meeting, as well as any subsequent Town Council meeting discussion. By copy of this message yo ur comments are referred to Associate Planner Sean Mullin, staff liaison for matter. Should you have additional questions or comments, Sean can be reached at (408) 354-6823 or by email, SMullin@LosGatosCA.gov. Thank you once again for contacting the Town of Los Gatos and voicing your comments. Best regards, Janette Judd • Executive Assistant Town Cou ncil and Town Manager• 110 E. Main St ., Los Gatos CA 95030 Ph: 408 .354.6832 • JJudd@LosGatosCA.gov www.Lo sGatosCA .gov • https://www.facebook .com/losgatosca -----O riginal Message----- From: Don & Kathy [mailto:adonkathy@aol.com] Sent: Monday, September 11, 2017 6:30 PM To : Council Subject: Fence Ordinance I was shocked to read the facts concerning the new fence· ordinance. At first I thought it was "fake news". I cannot understa nd the reasoning behind such an ordinance. I ask the Town Council to use good judgment and vote agai nst such an abusive home owner's ordinance. I would also wonder what the thinking was that went into even coming up with such regulations. I think more time shou ld be spent on trying to solve the horrific traffic problems. Kathy Anderson Foster Rd. 95030 Sent from my iPad 2 Sean Mullin From: Sent: To: Cc: Subject: Attachments: cc: Town Council Town Manager CDD Director J. Paulson Associate Planner S. Mullin Good morning, Janette Judd Tuesday, September 12 , 2017 10:36 AM drjkim@verizon.net Joel Paulson; Sean Mullin FW: comments regarding fence ordinance FenceOrdinance_DrKim.pdf Thank you for your e-mail and attached letter, received by the Town Council and Town Manager. This matter is currently scheduled for discussion at the September 13 Planning Commission meeting. Your communication was received after the Planning Commission agenda was finalized and after initial public submittal deadlines. However, your comments will be included (along with all Public Comment) in supplemental materials distributed for tomorrow's meeting, as well as any subsequent Town Council meeting discussion. By copy of this message your comments are referred to Associate Planner Sean Mullin, staff liaison for matter. Should you have additional questions or comments, Sean can b e reached at ( 408) 354-6823 or by email, SM ullin @LosGatosCA.gov . Thank you once again for contacting the Town of Los Gatos and voicing your comments. Best regards, Janette Judd •Executive Assistant Town Council and Town Manager • 110 E. Main St., Los Gatos CA 95030 Ph : 408.354 .6832 • JJudd @LosGa tosCA.gov www.LosGatosCA.gov • https://www.facebook.com/losgatosca From: Julie Kurkchubasche [mailto:dr_jkim@verizon .net] Sent: Monday, September 11, 2017 9:09 PM To: Council; Town Manager Subject: comments regarding fence ordinance Dear Council Members, Please see my letter addressing the upcoming fencing ordinance in the attachment. Thank You , Julie Kim , MD dr jkim @verizon.net 1 -----Original Message-- To: Julie Kim <dr jkim@verizon .net> Sent: Mon , Sep 11 , 2017 9 :04 pm 2 9/1/17 Dear Members of the Los Gatos Planning Commission, I am a proud resident of Los Gatos and your local Pediatrician for 25 years. I am vested in our town and look forward to residing here for many years to come. We have a lovely home in the hills that we work VERY hard to maintain with beautiful trees and vineyard (permitted). I'm writing to voice (along with many residents like me who spend many hours and many dollars to keep their properties beautiful), how disappointed we are at the new pending fence ordinance. First of all, we don't need another ordinance to dictate how we should maintain our property. I think we have enough. We have existing guidelines on fencing that work very well. We see wildlife all around us, including many family of deers, coyotes, wild turkeys, bobcats and more. I could hardly keep up with plants being eaten by our wildlife in front of my house. There are no deer resistant plants-not really. The cost to replace them just in the front of the house is tremendous. If we don't have a decent fence to keep some of the wildlife from devouring plants in our backyard, what's the use of all the hard work of maintaining our land? It will be replaced by ugly weed, thistle and poison oak Before our fence was erected near our property line, everything beautiful was devoured even in our immediate backyard. For instance, our family went on a short vacation overseas. On the last day of our trip, at the airport, one of our neighbors called and informed us that 2 deers had gotten into our immediate backyard and devastated our yard. All the hard work of planting and beautifying our yard, not to mention the cost, all went down the drain. It was heartbreaking. We had to start all over again. We have not had this problem since the peripheral fence was installed. Also, one of our major reason for purchasing our house was for our land. I will not be able to enjoy a view of any other tree beside an oak on our property because it will get devoured. With current existing regulations, we and our neighbors can work together on our own and figure out and create passageways for wildlife. We did just that. We carved out passageways for wildlife to roam and it must be working because I can give you pictures of many wildlife that pass through our property. Finally, land many of my neighbors do not wish to pay thousands of dollars to have to get a permit to fix our fence, let alone the time and additional work which it will entail. The cost of living in our town is tremendous and we work long hours at our jobs to be able to afford the pleasure of living here. Please don't burden us with yet another c ost to live in Los Gatos. ulie Kim, MD RAMBLC Pediatrics 14880 Los Gatos Blvd . Los Gatos, CA 95032