Item 4 - Staff Report.Hillside Fences, Hedges, Walls
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: 03/13/2019 ITEM NO: 4
DATE: MARCH 7, 2019 TO: PLANNING COMMISSION FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: TOWN CODE AMENDMENT APPLICATION A-19-001. 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, INCLUDING REGULATIONS FOR THE HILLSIDE AREA OF TOWN.
RECOMMENDATION:
Staff recommends that the Planning Commission consider amendments to Chapter 29 (zoning
regulations) of the Town Code regarding fences, hedges, and walls, including regulations for the
hillside area of Town.
CEQA:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act, Section 15061(b)(3), in that it can be seen with
certainty that there is no possibility that the proposed amendments to the Town Code will have
a significant effect on the environment.
FINDINGS:
As required, pursuant to the adopted Guidelines for the Implementation of the California
Environmental Quality Act, this project is Exempt, Section 15061(b)(3); and
That the Town Code amendments are consistent with the General Plan.
BACKGROUND:
On January 31, 2017, during the Town Council Study Session to identify strategic priorities for
fiscal years 2017-2019, the Town Council identified hillside fences as a strategic priority in
PAGE 2 OF 9 SUBJECT: CONSIDER AMENDMENTS THE TOWN CODE REGARDING FENCES, HEDGES, AND WALLS. TOWN CODE AMENDMENT/A-19-001 MARCH 7, 2019
N:\DEV\PC REPORTS\2019\2019 - Scanned PC Rpts & Exhibits\3-13-19\Item 4\Fences Amendments 03-13-19.docx
BACKGROUND (continued):
response to a request from the public (Exhibit 4). The goals identified for amendments to the
Town Code regarding hillside fences were to:
• Make certain that fences do not interfere with wildlife corridors;
• Ensure fences do not impede movement of wildlife;
• Define an “open fence” as one that permits all animals, depending on their size, to either
climb under, pass through, or jump over, regardless of the fence’s location relative to the
side, front, or rear yards;
• Specify that the installation of chicken wire, wire mesh, chain link, etc., over open slat
fences, is not considered animal-movement friendly; and
• Clarify that the requirements for fences apply to all hillside fences, not just to fences
associated with Architecture and Site applications.
A draft Ordinance was reviewed by the Planning Commission on July 26, 2017 and September
13, 2017 and the Commission forwarded their comments and concerns to the Town Council.
The draft Ordinance was considered by the Town Council and the Town Council Policy
Committee from December 2017 through December 2018. During this iterative process, the
draft Ordinance was bifurcated into separate tracks: amendments applicable Town-wide and
amendments applicable in the hillside area.
The Town-wide amendments were adopted as Ordinance 2278 by the Town Council on
December 18, 2018, which became effective on January 17, 2019 (Exhibit 5). The adopted
Ordinance included the following amendments:
• Fence height increase to seven feet (non-hillside area only);
• Appropriate front yard and street side yard fence height and setbacks (Town-wide); and
• Vehicular gate setback requirements (Town-wide).
On November 15, 2018, the Town Council Policy Committee began discussion of the bifurcated
draft Ordinance applicable in the hillside area, including the relationship between the draft
Ordinance and the Hillside Development Standards and Guidelines (HDS&G). The Town Council
Policy Committee requested that the HDS&G standards and guidelines for fences (Exhibit 6) be
incorporated into the draft Ordinance, and continued that discussion to the December 20, 2018
meeting. The staff report for the November 15, 2018 Town Council Policy Committee meeting
is included as Exhibit 7; the exhibits and minutes from this meeting can be accessed at
https://www.losgatosca.gov/AgendaCenter/Council-Policy-Committee-7. While considering
the draft Ordinance at the December 20, 2018 meeting, the Town Council Policy Committee
recognized that the existing subjective criteria within the HDS&G (should versus shall;
encourage versus required; etc.) are not appropriate for an Ordinance, and that
PAGE 3 OF 9 SUBJECT: CONSIDER AMENDMENTS THE TOWN CODE REGARDING FENCES, HEDGES, AND WALLS. TOWN CODE AMENDMENT/A-19-001 MARCH 7, 2019
N:\DEV\PC REPORTS\2019\2019 - Scanned PC Rpts & Exhibits\3-13-19\Item 4\Fences Amendments 03-13-19.docx
BACKGROUND (continued):
revising the subjective criteria to be objective would create conflict between the Town Code
and the HDS&G. The Town Council Policy Committee, therefore, recommended that subjective
criteria be eliminated in the draft Ordinance to avoid conflict between the Town Code and the
HDS&G. The Town Council Policy Committee also provided feedback related to the
organization and content of the draft Ordinance, including regulations for the hillside area of
Town, and regulations that address concerns related to fences located within riparian corridors
and emergency egress routes. Additionally, the Town Council Policy Committee considered a
list of recommended and prohibited fence materials and designs within the hillside area. The
list reflected what was included in previous drafts of the Ordinance and had evolved through
public input and recommendations from the various hearing bodies. The Town Council Policy
Committee recommended that the Planning Commission discuss the appropriateness of the
recommended and prohibited fence materials and designs included in the draft Ordinance. The
Town Council Policy Committee then forwarded the draft Ordinance to the Planning
Commission for consideration with the following direction:
• Incorporate the existing HDS&G standards and guidelines for fences (Exhibit 6), while
eliminating subjective criteria to avoid conflict between the Town Code and the HDS&G;
• Include regulations to address concerns related to fences located within riparian corridors
and emergency egress routes; and
• Discuss the appropriateness of recommended and prohibited materials and designs within
the hillside area.
The staff report for the December 20, 2018 Town Council Policy Committee meeting is included
as Exhibit 8; the exhibits and minutes from this meeting can be accessed at
https://www.losgatosca.gov/AgendaCenter/Council-Policy-Committee-7.
DISCUSSION:
A. Public Outreach
On March 1, 2019, staff contacted the following organizations and requested input on the
current draft Ordinance:
• Santa Clara Valley Chapter of the American Institute of Architects (AIASCV)
• Santa Clara County Association of Realtors (SCCAR)
• Silicon Valley Association of Realtors (SILVAR)
In addition to contacting professional organizations, staff requested public input through
the following media and social media resources:
PAGE 4 OF 9 SUBJECT: CONSIDER AMENDMENTS THE TOWN CODE REGARDING FENCES, HEDGES, AND WALLS. TOWN CODE AMENDMENT/A-19-001 MARCH 7, 2019
N:\DEV\PC REPORTS\2019\2019 - Scanned PC Rpts & Exhibits\3-13-19\Item 4\Fences Amendments 03-13-19.docx
DISCUSSION (continued):
• An eighth-page public notice in the newspaper;
• A poster posted at the Planning counter at Town Hall;
• On the Town’s website home page, What’s New;
• On the Town’s Facebook page;
• On the Town’s Twitter account;
• On the Town’s Instagram account; and
• On the Town’s NextDoor page.
B. Components of the Draft Ordinance
In response to the direction provided by the Town Council Policy Committee, the draft
Ordinance has been refined and restructured. The proposal is to amend the Ordinance
adopted by Town Council on December 18, 2018 and replace it with the draft Ordinance
(Exhibit 3). The draft Ordinance includes the following:
1. Organization
The draft Ordinance is organized into subsections with regulations related to the
following attributes of fences, hedges, and walls: height; materials and design; location;
vehicular gates; public utility facilities and critical infrastructure; and exemptions
(Exhibit 3). Each subsection is structured to begin with regulations that are applicable
Town-wide. Where applicable, additional regulations are provided affecting specific
areas of the Town, such as the hillside area.
2. Content
The regulations contained in the Ordinance adopted by the Town Council on December
18, 2018 are included in the draft Ordinance. In addition, the draft Ordinance includes
new Town-wide regulations and those specific to the hillside area and properties with a
Landmark and Historic Preservation Overlay.
3. Town-wide:
At the December 20, 2018 meeting, the Town Council Policy Committee discussed a
concern with fences blocking fire access or secondary egress routes and fences
impacting riparian corridors. The Town Council Policy Committee recommended that
language prohibiting fences, walls, and gates within emergency access
PAGE 5 OF 9 SUBJECT: CONSIDER AMENDMENTS THE TOWN CODE REGARDING FENCES, HEDGES, AND WALLS. TOWN CODE AMENDMENT/A-19-001 MARCH 7, 2019
N:\DEV\PC REPORTS\2019\2019 - Scanned PC Rpts & Exhibits\3-13-19\Item 4\Fences Amendments 03-13-19.docx
DISCUSSION (continued):
easements and below the top of bank of any stream be included. Section 29.40.030(c)
reflects this direction (Exhibit 3, page 2). Additional regulations related to materials and
design are included in Section 29.40.030(b)(4) of the draft Ordinance and discussed in
detail below.
4. Properties with a Landmark and Historic Preservation Overlay:
Section 4.8.12 of the Residential Design Guidelines includes recommendations for
fences and walls on historic properties, including prohibition of plastic fencing. Section
29.40.030(b)(4)(a) of the draft Ordinance reflects the Residential Design Guidelines by
including a prohibition of plastic fencing on properties with a Landmark and Historic
Preservation Overlay.
5. Hillside Area:
As included in the adopted Ordinance, Section 29.40.030(a)(2) of the draft Ordinance
limits fence heights in the hillside area to a maximum of six feet
(Exhibit 3, page 1). The draft Ordinance also includes the following regulations specific
to the hillside area:
• Open fences using natural materials and colors are preferred;
• Fencing located within twenty (20) feet of a property line adjacent to a street shall
be of open design;
• Fences shall follow the topography; and
• Chain link fencing shall be coated with green, brown, or black vinyl or finish and shall
be supported by a wood frame. Dark, painted metal poles may be allowed if deemed
appropriate by the Community Development Director.
Additional regulations related to materials and design are included in Section
29.40.030(b)(4) of the draft Ordinance and discussed in detail below.
6. Materials and Design
The Town Council Policy Committee requested that the Planning Commission discuss
the regulations related to materials and design that are included in the draft Ordinance
(Exhibit 3, pages 1 and 2). Section 29.40.030(b) of the draft Ordinance regulates
materials and design of fences throughout the Town and within the hillside area, as
summarized in the following table. Examples of fence designs and materials discussed
in the draft Ordinance are included as Exhibit 9.
PAGE 6 OF 9 SUBJECT: CONSIDER AMENDMENTS THE TOWN CODE REGARDING FENCES, HEDGES, AND WALLS. TOWN CODE AMENDMENT/A-19-001 MARCH 7, 2019
N:\DEV\PC REPORTS\2019\2019 - Scanned PC Rpts & Exhibits\3-13-19\Item 4\Fences Amendments 03-13-19.docx
DISCUSSION (continued):
Materials and Design
Town-wide Prohibited Materials
a. Any fence with bare lengths of wire stretched between posts.
b. Electric fences, including any fence designed to produce an electric shock.
c. Barbed or razor wire fences, including any fence with attached barbs, sharp points,
or razors.
d. Transparent fences such as barriers of glass or clear plastic.
Hillside Area Materials and Design
a. Open fences using natural materials and colors are preferred.
b. Fencing located within twenty (20) feet of a property line adjacent to a street shall
be of open design.
c. Fences shall follow the topography.
d. Chain link fencing shall be coated with green, brown, or black vinyl or finish and
shall be supported by a wood frame. Dark, painted metal poles may be allowed if
deemed appropriate by the Community Development Director.
e. In addition to the prohibited materials listed above, the following fence types and
materials are prohibited for new or replacement fences in the hillside area:
i. Chicken wire, welded wire, wire mesh, or similar fence material.
ii. Buck and rail fences.
iii. Double fences.
This list reflects what was included in previous drafts of the Ordinance, which had
evolved through public input and recommendations from the various hearing bodies.
Within the hillside area, the draft Ordinance includes prohibition of chicken wire,
welded wire, wire mesh, or similar fence material, while allowing coated chain link
fences. These fence materials are similar and perform similar functions. The Town
Council Policy Committee requested that the Planning Commission discuss the
appropriateness of the recommended and prohibited materials and designs included in
the draft Ordinance. Should the Planning Commission feel that chicken wire, welded
wire, wire mesh, or similar fence material should not be prohibited, they may provide
that direction.
7. Permits Required
The Town does not currently require a Planning permit for fencing, hedges, and walls
unless construction elements trigger the need for Building Permits (certain masonry
PAGE 7 OF 9 SUBJECT: CONSIDER AMENDMENTS THE TOWN CODE REGARDING FENCES, HEDGES, AND WALLS. TOWN CODE AMENDMENT/A-19-001 MARCH 7, 2019
N:\DEV\PC REPORTS\2019\2019 - Scanned PC Rpts & Exhibits\3-13-19\Item 4\Fences Amendments 03-13-19.docx
DISCUSSION (continued):
walls, retaining walls, gates requiring electrical supply, etc.). The Town Council Policy
Committee did not recommend introducing a Planning permit requirement for fencing.
Therefore, the draft Ordinance would not introduce a Planning permit requirement for
fencing.
C. General Plan Policies and Actions
The relevant General Plan Policies and Actions addressing fences, preservation of wildlife
habitats, and protection of migration corridors are included as Exhibit 10.
D. Existing Town Code
The recently amended Town Code includes regulations for fences throughout the Town in
Section 29.40.030. The current Town Code:
• Includes limited regulation of design and materials;
• Does not require permits for fences seven feet or less in height; and
• Except for height, does not differentiate between regulations for fences on hillside and
non-hillside properties.
E. Hillside Development Standards and Guidelines
The Hillside Design Standards and Guidelines (HDS&G) provide guidance for development in
the hillside area, including standards and guidelines for incorporating fences in the hillside
area. The relevant standards and guidelines and an excerpt from the HDS&G are included
as Exhibit 6.
F. Review of Ordinances in similar jurisdictions
Exhibit 11 includes fence regulations for the following hillside communities that have been
reviewed to aid in the Town Council Policy Committee discussions:
• Saratoga;
• Los Altos Hills;
• Portola Valley; and
• Woodside.
PAGE 8 OF 9 SUBJECT: CONSIDER AMENDMENTS THE TOWN CODE REGARDING FENCES, HEDGES, AND WALLS. TOWN CODE AMENDMENT/A-19-001 MARCH 7, 2019
N:\DEV\PC REPORTS\2019\2019 - Scanned PC Rpts & Exhibits\3-13-19\Item 4\Fences Amendments 03-13-19.docx
PUBLIC COMMENTS:
Written comments have been received regarding draft Ordinance regarding fences, hedges, and
walls during the previous review that may be germane to the current application. These
previously received comments are available at http://tinyurl.com/CommentsThru122018.
Additional comments received before 11:00 A.M. on Friday, March 8, 2019, are included as
Exhibit 12.
CONCLUSION:
A. Recommendation
Based on the analysis above and consistency with the General Plan, staff recommends that
the Planning Commission forward the draft Ordinance to the Town Council with a
recommendation for adoption. The Commission should also include any comments or
recommended changes to the draft Ordinance in taking the following actions:
1. Make the finding that there is no possibility that this project will have a significant
impact on the environment; therefore, the project is not subject to the California
Environmental Quality Act [Section 15061 (b) (3).] (Exhibit 2);
2. Make the required finding that the draft Ordinance is consistent with the General Plan
(Exhibit 2); and
3. Forward a recommendation to the Town Council for approval of the draft Ordinance
Town Code (Exhibit 3).
B. Alternatives
Alternatively, the Commission can:
1. Forward a recommendation to the Town Council for approval of the draft Ordinance
with modifications; or
2. Forward a recommendation to the Town Council for denial of the draft Ordinance; or
3. Continue the matter to a date certain with specific direction.
PAGE 9 OF 9 SUBJECT: CONSIDER AMENDMENTS THE TOWN CODE REGARDING FENCES, HEDGES, AND WALLS. TOWN CODE AMENDMENT/A-19-001 MARCH 7, 2019
N:\DEV\PC REPORTS\2019\2019 - Scanned PC Rpts & Exhibits\3-13-19\Item 4\Fences Amendments 03-13-19.docx
EXHIBITS:
1. Hillside Area Map
2. Findings
3. Draft Ordinance
4. Ordinance Priorities Memorandum dated February 12, 2017, from Robert Shultz, Town
Attorney
5. Ordinance 2278, adopted December 18, 2018
6. Hillside Development Standards and Guidelines pertaining to fences
7. November 15, 2018 Town Council Policy Committee staff memorandum and synopsis
8. December 20, 2018 Town Council Policy Committee staff memorandum and synopsis
9. Examples of fence design and materials discussed in the draft Ordinance
10. General Plan Policies and Actions pertaining to fences, wildlife habitats, and migration
corridors
11. Neighboring Jurisdictions Fencing Regulations
12. Public Comments received by 11:00 a.m., Friday, March 8, 2019
This Page
Intentionally
Left Blank