Item 4 - Exhibit 19 - Public comments received between 1101 am, April 9, 2019 and 1100 am, April 10, 2019Page 1 Fence Amendment Planning Commission Meeting 4/10/19
From Lee Quintana
Amendments to Chapter 29. Sec. 29.40.30 of Town Code - Fences, hedges, and walls.
SECTION I
Los Gatos Town Code Chapter 29 Sec. 29.40.030 is hereby repealed and reenacted
to read as follows:
Sec. 29.40.30. Intent and Purpose and Organization
Purpose:
The purpose of this section is to codify objective fence standards for fences and walls in all
residential zones. The purpose is to implement applicable goals and policies standards of the
General Plan (GP), the Hillside Development Standards and Guidelines (HDS&G), the sections
of Residential Design Guidelines (RDG) relevant to fencing for the Town’s historic resources,
as well as other relevant regulations .
In Intent Town-Wide:
The intent is establish Town-wide objective standards for fences, walls and hedges to preserve
the character of residential neighborhoods, to provide security and privacy, to provide safe
conditions for motor vehicles, pedestrian and cyclists, and to preserve the open, rural, natural
character of the Town’s hillsides.
Intent Non-hillside areas (flatland areas): In addition, in non-hillside areas the intent is to
establish objective standards to ensure homes are visually connected to the street and to each
other.
Intent Hillside areas: In Hillside areas the intent is to establish objective standards to maintain
the existing wooded, rural, natural open character of the hillsides, to maintain the connectivity of
open space areas and habitat areas, to protect wildlife access to their habitat and movement
corridors (including streams and riparian corridors), to minimize the loss of habitat, to provide
protection for landscaping, to provide containment for play areas, pets and agricultural activities
(gardens, vineyards, and orchard trees, etc.)
Sec. 29.40.031. Applicability
(1)(a) Applies to new and replacement fencing in all residential zoned lots (RC, HR, R -
1, RM, RHM, R-1D including residential PD’s, and to residential portion of a mixed
use commercial development.
or
(b)Applies to all lots that allow residential uses regardless of zone.
Sec. 29.40.032. Exemptions, Exceptions and Additional Regulations for Fences.
(a)Exempt:
Commented [A1]:
4/10/19, 1:33 AM
Are the previous deletions made to Chapter 6 still applicable
or do they need to be repealed also.
Commented [A2]:
4/10/19, 1:33 AM
LQ
Establishing standards for fencing includes consideration of
a surprising wide range of issues including preservation of
town character, preservation of historic resources,
preservation of the open, rural, natural wooded character of
the hillside; protection and security for residents and pets,
protection for landscaping and agricultural activities; safety
of motor vehicles, pedestrians and cyclists; and numerous
environment and sustainability issues related to views,
wildlife habitat, wildlife movement corridors, streams/
riparian areas.
Many are addressed in the (Land Use, Community Design,
Traffic, Open Space, and Environment and Sustainability
Elements of the General Plan. The RDS addresses fencing
primarily in the section the section on Historic Resources
(p.)
The HDSG addresses fences and walls and gates primarily in
the Site Elements Chapter, but Chapters I, II and III are also
relevant for development of fence standards.
Commented [A3]:
4/10/19, 1:33 AM
Quintana Lee
to which of these is this section applicable
EXHIBIT 19
Page 2 Fence Amendment Planning Commission Meeting 4/10/19
From Lee Quintana
(1) All fences, hedges, gates and walls existing on the effective date of this
Ordinance that do not meet the regulations and standards of this section are
nonconforming and are exempt from the regulation of this section except as
noted below.
(2) Repairs to non-conforming fences are exempt.
(b) Not exempt:
(1) An existing safety hazard is not exempt.
(2) Replacement or modification to a nonconforming fence, such as converting a
wildlife-friendly to a non-wildlife friendly fence is not exempt.
(c) Additional Regulations that may apply
Additional regulations and standards may apply. Fences etc subject to this section
are also required to be consistent with other applicable sections of the Municipal
Code and relevant Town regulations, including but not limited to the following :
• Chapter 4 Animals and fowl (Corral fencing)
• Chapter 12 Grading, Erosion and Sediment Control (trigger to require a grading
or building permit).
• Rails, fences or walls required for safety reasons by UBC
• Chapter 23.10.080. Fences, wall hedges and shrubs near street
intersections.(view obstruction by vegetation or fence)
• Chapter 23. Sec. 23.30.015. Encroachment permit.
• Chapter 26.Sec. 2610.065. Obstruction at corners of intersections streets
• Chapter 29 Zoning Code:
• Sec. 29.10.06725. Double frontage lots
• Sec. 29.10.09020. Swimming Pools
• Sec. 29.10.085. Corridor lots.
• Sec.29.40.025. Court game areas. (fence over six (6) feet requires an
administration permit.
• Sec. 29.20.185. Conditional Use Permit is required for vineyards, orchards, or
farming activities greater than 3,000 square feet.
• Residential Design Guidelines, Historic Resources page (include page
numbers)
Sec. 29.40.033 Terms and Definitions
The following words, terms and phrases shall have the meanings ascribed to them in
this sub-section. Definitions listed below are not included in Sec. 29. . # Definitions or
they are listed in Sec. 29. but have a different meaning as they are used in this
section.*
Commented [A4]:
4/10/19, 1:33 AM
This is included because otherwise it may be assumed that
only a permit called for in this section is required when other
regulations may require a building permit, a grading permit,
a no cost permit from Public Works etc.
Commented [A5]:
4/10/19, 1:33 AM
Chapter 6 regulates the location of corral fencing but does
not establish height requirements. Should that be addressed
in this Ordinance?
Commented [A6]:
4/10/19, 1:33 AM
Go back to fill in Sec. 29 info and */#
Page 3 Fence Amendment Planning Commission Meeting 4/10/19
From Lee Quintana
Corner site triangle or corner view triangle means a triangular area at street or alley
intersections having sides thirty (30) feet in length as measured from the intersecting
property line.
Deer fence means a non-wildlife friendly fence of open design used to enclose
vineyards, vegetable gardens and orchard trees from deer. The maximum height
allowed is eight (8) feet.
Driveway view area means a triangular area at the intersection of a driveway and the
back of the sidewalk or edge of the street pavement, having two (2) sides ten (10) feet
in length, as measured along the driveway’s path of travel.
Fence means a structure with air on both sides erected for the purpose of providing
definiting landscape, defining an area, confinement of people or animals, protection or
privacy, screening, and/or restriction of access. (also see wall and retaining wall)
Fence, height measurement means:
Gateway means the frame for a gate.
Non-Hillside area or lot means properties located outside the the hillside area
delineated on the Hillside Area Mapa (page 8) in the Hillside Development Standards
and Guidelines.
Hillside area or hillside lot means the area or lot located within the area delineated on
the Town of Los Gatos’ Hillside Area Map (page 8 of the HDS&G), regardless of zoning
district.
Historic properties or resources include the Town’s Historic Districts, Landmark and
Historic Preservation Overlays and pre- 1941 structures. (Residential Design
Guidelines
Ornamental landscaping vs formal landscaping vs natural areas?
Open view design or open design means a fence or other structure that permits views
through it. (Also see wildlife-friendly)
Perimeter fence means fencing along the property line of an individual parcel or a
designated fence setback line.
Commented [A7]:
4/10/19, 1:33 AM
check this against the recommendation from Transportation
and Bicycles Committees.
Commented [A8]:
4/10/19, 1:33 AM
Does town want to limit material or design of deer fencing?
Commented [A9]:
4/10/19, 1:33 AM
Quintana Lee
I like this definition because it focuses on function rather
than design or materials.
Commented [A10]:
4/10/19, 1:33 AM
Quintana Lee
Should height be measured differently in non-hillside and
hillside areas - discuss
Commented [A11]:
4/10/19, 1:33 AM
This is a broader definition than currently used in the draft
however,THIS DEFINITION IS CONSISTENT WITH THE
ONE USED IN THE RDS
? ALSO GP OR ZONING?
Commented [A12]:
4/10/19, 1:33 AM
When applied to the hillsides d these terms have different
meaning and how do they relate to location on the site. Wen
eed better definitions when applied to hillsides.
Commented [A13]:
4/10/19, 1:33 AM
NEED TWO DEFINITIONS - This one is ok for flatlands,
but does the Town want to allow the potential for fencing
around the perimeter of hillside lots.
Page 4 Fence Amendment Planning Commission Meeting 4/10/19
From Lee Quintana
Retaining wall means a main made structure erected to retain or holds in place soil,
rock, and or other material designed tor esisting lateral and other forces from the
material being held in place. (Also see Wall)
Riparian corridor means the interface between land and a river or a stream that is
depended
Riparian habitat means the a habitat found at the interface between land and a river or
stream that is dependent on the existence of a perennial, intermittent or ephemeral
water source.
Stream means a body of water that flows at least periodically or intermittently through a
bed or channel having banks. It may or may not be associated with riparian vegetation.
Safety view areas (for the safety of vehicles, pedestrians and bikes) includes the
following areas. See these terms defined separately elsewhere in this subsection.
1.Traffic view area
2. Corner sight triangle or Corner view triangle
3. Vegetation obstruction area
4. Driveway view triangle
5. Vehicular gate setback
6. Alley way intersections (suggestion from Transportation and Bike committees)
Setbacks. As used in this section a setback may refer either to
1.The required yard area equivalent to the front, side and rear yards required under
Chapter 29. Article IV for the zone in which the lot is located. or
2.A fence setback as required by this setction.
Street. For purposes of this section a street means:
1. A public street when located in a non-hillside areas
2.A public or private street in the hillside area.
Stream means a body of water that flows at least periodically or intermittently through a
bed or channel
Structure For purposes of this section fences or walls are considerd a structure if
greater than six (7) or more in height in the non-hillside area, or more than six (6) feet in
height hillsides areas .
Traffic view area means the area which is within fifteen feet of a street or alley and
within two hundred (200) feet of the right of way line of an intersection.
(also see Safety view area)
Commented [A14]:
4/10/19, 1:33 AM
Can a statement be added to distinguish between a wall that
may hold back some dirt and a retaining wall that requires a
grading or building permit?
Commented [A15]:
4/10/19, 1:33 AM
Quintana Lee
1.Should it also include access driveways that serves two or
more units?
2.Find statement in Background report re: streets in the
hillsides that supports this suggestion
Commented [A16]:
4/10/19, 1:33 AM
Question: Would this mean that hillside 6’ fences would
require a permit?
Page 5 Fence Amendment Planning Commission Meeting 4/10/19
From Lee Quintana
Vegetation obstruction area means: see Safety view areas
Wall. means a barrier erected for the same purposes as a fence, but excludes a
retaining wall. (Also see definitions for fence and retaining wall.)
Wildlife-friendly design means a fence, wall, hedge or other structure that permits an
animal to pass under, pass through, climb or jump over. A wildlife-friendly fence shall
have a maximum height of forty-two (42) inches, the first rail shall be a minimum of
sixteen (16) inches above natural grade, rails shall be a minimum of twelve (12) inches
apart and the fence shall be at least 50% open view.
Note: All fences designed to be wildlife-friendly will have an open design, the reverse in
not true. Not all open design fences are animal friendly.
Examples of wildlife- friendly fences include:
a. Split rail fencing is preferred. Woodside information
Sec. 2.40.034 Town Wide Standards for New and Replacement Fences
Materials and Design - Town Wide
General:
(1) Materials: The following fence types and materials are prohibited for new or
replacement fences:
a. Fences with bare lengths of wire stretched between posts
b. Fences with attached barbs, sharp points or razors
c. Fences with transparent barrier of glass or clear plastic
d. Electric fences, including any fence designed to produce an electric shock
(2) Design: Pedestrian entryway arbors and gate frames shall be of open design
(3) Materials and design: Historic Resources (Districts, Overlays and pre-1941
homes.
(a) Material: Plastic fencing is prohibited
(b) ) Design: Fences located in a front yard shall be an open design.
Should chain link fencing with wire slats be prohibited Town-Wide?
Height and Location Standards- Town Wide
(1) Safety Areas - the maximum height of a fence in the following areas shall be
three( 3) ft. above the nearest curb or the edge of the street, if there is no curb
a. Traffic view area is
b. Corner sight area
c. Intersection sight obstruction area
Commented [A17]:
4/10/19, 1:33 AM
The woodside handout provides additional examples of
animal friendly fencing.
Commented [A18]:
4/10/19, 1:33 AM
reference for this
Commented [A19]:
4/10/19, 1:33 AM
Refer to Sec. 29.40.033 for definitions of the individual areas
repeat the definitions here.
Commented [A20]:
4/10/19, 1:33 AM
Page 6 Fence Amendment Planning Commission Meeting 4/10/19
From Lee Quintana
d. Driveway view area
e. Alley view area
(2) Location: Properties located on a corner or that have a front yards or side yard
abutting a public street
a. Height: The maximum height of a fence in the front yard shall be three (3)
feet.
b. Height: The maximum height of a fence in the side yard shall be three (3)
feet.
(3) Pedestrian gateways and entry arbors.
(a) Height: A pedestrian entry arbor shall have a maximum height of eight (8)
feet, a maximum depth of four (4) feet and a maximum width of six (6) feet
and shall be of an open design.
(b) Height: A pedestrian entry gateway shall have a maximum height of eight (8)
feet.
(c) Height: The maximum height of a pedestrian gate shall be six (6) feet.
(d) Location: Only one entry gate shall be placed per street frontage.
(4) Properties Adjacent to a Commercial zone or use. The height of a fence or wall
located between a commercial use and a residential property shall be subject to
the regulations of the zone in which the property is located. Boundary line fences
or walls adjacent to a commercial property may be increased to a maximum of
eight (8) feet if requested and agreed upon by a majority of the adjacent Put this
under the 8 foot permit exception.residential property owners and if approved by
the Director of Community Development.
(5) Public Utility Facilities, Critical Infrastructure, and Emergency Access. Are
subject to the requirements of the zone in which they are located, with the
following exception. An exception to the rules of the zone in which the property is
located may be granted by the Public Works and Director of Community
Development when the directors finds that the strict application of these
requirements will result in a security or safety concern at public utility facilities,
critical infrastructure or emergency access locations.
(6) Permits Required
(a) Within the Safety Area: A no cost permit is required from the Town Engineer
for any fence, gate, gateway or arbor located in a Safety Area to ensure that
there are no obstruction to any site lines with the defined safety areas. This
permit could also also cover any request for an exception to the maximum
height requirement.
Sec. 2.40.035. Additional Standards for Non-Hillside/flatland area residential lots.
In addition to the standards contained in Sec. 29.40.034 above, non-hillside lots are
also subject to the following standards.
Height and location
(1) Height: The maximum height of a fence located in a front yard adjacent to a
street shall be three (3) feet.
(2) Height: When located behind the front yard setback.the maximum height of a
fence constructed entirely of solid material shall be six (6) feet.
Page 7 Fence Amendment Planning Commission Meeting 4/10/19
From Lee Quintana
(2) Height: When located behind the front yard setback the maximum height of
(3) fence constructed with at least (1) foot is lattice (or similar open design material)
at the top shall be seven feet.
(4) Height: When located within or on a property line of an interior lot the height of a
fence may be increased to a maximum height of eight (8) feet provided that
(a) The fence is located beyond the required front yard
(b) At least the top two feet of the fence are lattice (or a similar open design)
(c) The property provides written documentation that demonstrates to the
satisfaction of the Director of Community Development finds, based that one
of the following conditions exist:
(d) A special privacy concern exists that cannot be practically addressed by the
additional landscaping or screening trees, or
(e) A special wildlife/animal problem exists that cannot be practically addressed
through alternatives.
(5) Height/Location: Where a side or rear yard is adjacent to a street a fence may
be increased to a maximum of eight (8) feet as in the item (4) above with the
exception that the fence shall be located beyond the required side yard.
Vehicular or driveway gate setback. Vehicular gates shall be set back from the edge of
the adjacent street minimum of eighteen (18) with the gate in the open position.
7Sec. 2.40.035. Additional Standards for Hillside Areas
In addition to the standards listed in Sec. 29.40.034 Hillside Areas are subject to the
following:
Materials and Design:
(1) Prohibited materials: Chain link fencing shall be prohibited except for game of
sports courts when coated with a green, brown or black vinyl finish and when
supported either by wood framing or dark painted metal polis.
(2) Materials: Open view non wildlife friendly fencing may be used to
Commented [A21]:
4/10/19, 1:33 AM
Quintana Lee
Give example of alternative solutions.
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