Draft Mins 09.13.17
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 09/27/2017 ITEM NO: 1
DRAFT
MINUTES OF THE PLANNING COMMISSION MEETING
SEPTEMBER 13, 2017
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on
Wednesday, September 13, 2017, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Vice Chair D. Michael Kane, Commissioner Mary Badame, Commissioner Kendra Burch,
Commissioner Melanie Hanssen, Commissioner Matthew Hudes, and Commissioner Kathryn
Janoff
Absent: Chair Tom O'Donnell
PLEDGE OF ALLEGIANCE
Commissioner Badame led the Pledge of Allegiance. The audience was invited to participate.
SUBCOMMITTEE REPORTS/COMMISSION MATTERS
General Plan Advisory Committee
Commissioner Hanssen
- GPAC met 9/13/17; considered 202 University Avenue.
VERBAL COMMUNICATIONS
None.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approval of Minutes – August 23, 2017
MOTION: Motion by Commissioner Badame to approve adoption of the Consent
Calendar. Seconded by Commissioner Hanssen.
VOTE: Motion passed unanimously.
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PUBLIC HEARINGS
2. Town Code Amendment A-17-002
Applicant: Town of Los Gatos
Project Planner: Sean Mullin
Consider amendments to Chapter 29 (Zoning Regulations) of the Town Code regarding
fences, hedges, and walls; and includes new regulations and requirements for fences,
hedges, and walls in the Hillside Area. Continued from 7/26/17.
Commissioner Hudes indicated that he would recuse himself from participating in the public
hearing for Town Code Amendment A-17-002, because he owns property in the hillside area
that could be economically impacted by the currently drafted recommendation.
Commissioners Janoff and Hanssen indicated they live in the Hillside area, but choose to
participate in the public hearing.
Sean Mullin, Associate Planner, presented the staff report.
Opened Public Comment.
Albert Kurkchubasche
- When fencing is demonstrated to impact the movement of animals on a specific site, they
can work with the Town rather than imposing guidelines that impact everyone in the
hillside. The existing guidelines are sufficient, and it would be best to address fencing on a
case-by-case basis.
Jim Vergara
- Property owners should not be dictated to as to how they can or should protect their
property while considering biodiversity. It appears that property size was not taken into
consideration when the ordinance was put into place. The 30-foot limitation isolates his
children’s playground/picnic area, and would expose them to the area’s wildlife.
Dick Clift
- The ordinance rules are overly restrictive, as most people are entitled to a reasonable use
of their property. Rather than the 30-foot limitation, a better solution to the animal
migration issue might be everyone puts their fences 5-10 feet back from their property line,
which would leave a 10-20 foot corridor around all the properties.
Julie Donnelly
- After going through the effort to design their home, they should have the right to feel safe
using it, including the many areas that are not within 30 feet of the main residence, and
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they ought to have the right to secure those spaces from wild animals. She asked the
Commission to not approve an ordinance that is arbitrarily applied to any home in the
hillside, regardless of whether a problem exists, and that it work toward a needs-based
ordinance.
Peter Donnelly
- The fence ordinance takes a lazy approach. Instead of trying to determine where problems
exist and how to fix them, a baseline assumption was made that the problem exists
everywhere and that every property, regardless of circumstances, should have the same
rules enforced. It is absurd that property owners with large properties would be hemmed
in to only 30 feet from their primary residence.
Vadim Kurland
- They built a home in the hillsides, and it was determined that there was no environmental
impact with respect to the migration of animals. The evaluation of environmental impacts
was found to be satisfactory by Community Development, and the project was given the
green light in 2007, indicating the problem of migration does not exist for his property.
When purchasing their property, they also agreed to a large number of substantial
easements designed specifically to protect wildlife.
Cathy Field
- The cost of housing in Los Gatos is high, and new regulations increase the cost of building,
causing property taxes to increase. Los Gatos homeowners would be at a disadvantage if
the regulatory burden in the Town is greater than that imposed in other towns. Putting up
yet another hoop for homeowners to jump through will discourage people from making
necessary improvements. All residents deserve the freedom to improve their property as
they see fit and not be burdened by cost and regulation.
Jeff Casale
- The Town should be cautious in adding these regulations because of unintended
consequences, such as future homeowners purchasing a house and not realizing they are
picking up all these requirements. This ordinance amendment creates complexity and
surprises for people. He doesn’t want the deer right up against his property, because Lyme
disease is a major issue.
Tanya Kurland
- Lowering fences would affect people’s health, because of Lyme disease. It is clear that
larger animals such as deer would carry many more ticks than smaller animals. The Bay
Area Lyme Foundation advises fencing to keep deer out of yards. The proposed changes
would decrease the hillside property values and increase incidents of Lyme disease.
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Ali LeClerc
- She grew up in Los Gatos, and recently she and her husband bought a home in the hillsides.
She would like her own children to have a similar experience to what she had growing up in
Los Gatos, and fears this proposal would mean they won’t. Besides the points made
regarding property values and the damage wildlife can have on landscaping, she feels the
Town places the protection of wildlife as more important than the protection of children.
David Foley
- He agreed with Mr. Clift that a better solution to animal migration paths is to ensure there
is a corridor between properties, as opposed to fencing homeowners in 30 feet from their
property, which in his case would cut off all but his most basic yard. They see deer and
bobcat along their fence line frequently, and are happy they are not closer to the house. He
requested the Commission not approve the amendment.
Katrina Brinkman
- She does not find the 30-foot guideline a one size fits all option. She is concerned she
would need to adhere to the new guidelines if she needed to do repairs, for example, if a
car took out the front of her fence she might have to replace the entire fence. The
guidelines do not mention property fences shared with the Town parks, which she needs to
keep park occupants out of her yard.
Cindy De Santis
- The Town has no means to enforce the proposed amendment. In the last 15 years the
Planning Department and Legal Department have not been able to enforce the current
codes due to lack of budget and manpower. How can the Town enforce these new fence
codes if it would affect 25 percent of the Los Gatos population?
David Fox
- He is a landscape architect. When it comes to fences, his clients are mainly interested in
security, containment, and safety. Regulations should be on a need basis and not consider
every lot to be the same. Scenic easements, or doing it on a need basis, gets results in the
migration corridors, but still allows people to use their property. He urged the Commission
to deny the amendment.
Lee Quintana
- Fencing of areas such as vineyards and playgrounds would be allowed under this ordinance.
Repairs to existing fences can be made to certain sections without requiring replacement of
the entire fence. The Town needs to find a way that fences would not be subject to the
total cost of a Minor Residential Permit, but be on a time and cost basis.
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Rick Tinsley
- The proposed ordinance is burdensome and impractical. Over the years he has grown
fruits, vegetables, and flowers, which would not have been possible if not for a fence
surrounding his property. This ordinance would prevent anyone from enjoying their
property the way he has enjoyed his. Hillsides have limited planting zones, and this
ordinance prohibits all but decorative fences.
Steve Doughty
- They love the deer and animals on their property, but if the deer get close they get ticks
and fleas. They have tried to push the deer back a little, because they have chewed up
thousands of dollars of gardens. The 30-foot limit would not include his guesthouse, the
pool, the gardens, or garages. The idea of one rule fitting everyone’s different property is
not good. Animals roam freely all over where he lives.
David Weissman
- It is frustrating to hear citizens complain about their perceived inability to protect their
current orchards and vineyards, repair their current fences, and protect their pets and
children, because these objectives are all permitted under the proposed revisions and
within the framework of the goals and standards of the Hillside Guidelines. Deer in
California are not a major carrier of Lyme disease ticks. These revisions strike a good
balance in living with the animals, and should be passed.
Michael Michaelis
- The hillside standards and guidelines were originally guidelines and are now gospel, and
they affect what people can do already, but he worries about the discriminatory presence
between people in town and the people who live in the hillsides and their right to enjoy
their own property. He came to speak about the permitting process, why the standards for
building a fence in town should be different than building in the hillside, and why there
should be a $2,200 fee to build the same fence in the hillside as in town.
Lisa Doughty
- During her time in Los Gatos she has never seen an issue with animals not being able to
migrate or feed themselves. Why are we doing this? The animal population has increased,
and the ordinances in place have been doing their jobs, so why change them now to
something totally unreasonable to the human population? Not all hillside properties are
the same.
Todd Gummow
- They live on a flat one-acre parcel, as do his neighbors, but they would be affected by the
ordinance the same as a ten-acre lot. He has 15 feet of fencing 30 feet from his house, and
could not replace it if it were damaged. The proposed ordinance is too broad and deals
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with homes on small, flat parcels with usable acreage, not ten acres with nine of it
unusable.
Shoshana Ohriner
- The hillside zoning allows for livestock, but that requires the practice of rotating the
pastures, and fencing, to prevent erosion and allow the land to regenerate. The proposed
ordinance makes it necessary to apply for a $2,200 permit for any fencing, which would
encourage people to permanently enclose a larger area than necessary for livestock rather
than moving the fencing around in smaller areas.
David Klinger
- Many fences in the flatland area are higher than the standard of 6 feet, and there is very
little enforcement action. He requested that staff be directed to determine whether in fact
there is widespread noncompliance with this ordinance, and if there is, is that acceptable
to the Town? He proposed staying with the 6-foot high fence, and if people want to go to 7
feet with trellis, and the neighbors approve, then almost everyone would be compliant.
Closed Public Comment.
Commissioners discussed the matter.
MOTION: Motion by Commissioner Badame to forward Town Code Amendment A-
17-002 to Town Council for consideration of amendments to Chapter 29,
with consideration of comments from Commissioners and the public.
Seconded by Commissioner Burch.
VOTE: Motion passed unanimously.
OTHER BUSINESS
3. Report from the Director of Community Development
Joel Paulson, Director of Community Development
• Town Council met 9/5/17; approved a home on Bella Vista; did not get to the cellar
discussion given the lengthy discussion on cut-through traffic.
ADJOURNMENT
The meeting adjourned at 9:19 p.m.
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TOWN OF LOS GATOS PLANNING COMMISSION
SEPTEMBER 13, 2017
APPROVED AS TO FORM:
_____________________________
Joel Paulson
Community Development Director
Prepared by
_____________________________
/s/ Vicki Blandin