Item 2 - Exhibit 20 - Revised Draft OrdinanceDRAFT – 05/08/19
Amendments to Chapter 29 of Town Code – Fences, hedges, and walls.
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SECTION I
Los Gatos Town Code Chapter 29, Sections 29.40.030 through 29.40.0330 are hereby repealed
and reenacted to read as follows:
Sec. 29.40.030. Fences, walls, gates, gateways, entry arbors, and hedges.
Sec. 29.40.0305. Intent.
The intent of these fence regulations, as defined in Section 29.40.0310, is to preserve the natural
beauty of the Town of Los Gatos, the natural movement of wildlife, and to protect traffic view areas
while acknowledging that residents have the right to fence their properties to protect children, contain
their animals, protect garden or agricultural areas, and maintain privacy. Specifically, within the hillside
area, the intent of these fence regulations is to allow for the movement of wildlife within the hillside
area. Unless specified otherwise, these fence regulations are applicable Town-wide. These fence
regulations incorporate portions of the Hillside Development Standards and Guidelines related to
fencing.
Sec. 29.40.0310. Definitions.
The following words, terms, and phrases, when used in these fence regulations, shall have the meanings
ascribed to them in this section.
Buck and rail fence means a fence constructed with wood rails where the posts are arranged to form
a triangle to provide the vertical structure of the fence. The horizontal rails are then attached to the
triangle support posts.
Corner sight triangle means a triangular area at street intersections having sides thirty (30) feet in
length, as measured from intersecting property lines.
Double fence means two fences spaced a few feet apart regardless of height and material.
Driveway view area means a triangular area at the intersection of driveways and sidewalks and
street intersections having sides ten (10) feet in length, as measured along the driveway’s path of travel
from the back of the sidewalk or street.
Fence means a structure constructed of posts, rails, wire, and/or barrier panels, used to define a
boundary or as a means of protection, confinement, or visual obstruction.
Fence regulations means Sections 29.40.030 through 29.40.0330.
Hillside area means all properties located within the area defined by the hillside area map as
contained in the Town of Los Gatos Hillside Development Standards and Guidelines.
Open view fence means a fence constructed in such a way that no more than twenty (20) percent of
the surface area of the fence obstructs a view through the fence from a position perpendicular to the
fence.
Perimeter fence means a fence located on the property line of a lot.
Riparian corridor means the land next to a watercourse that serves as a protective filter to the
waterbody as defined in the Santa Clara Valley Water District Guidelines and Standards for Land Use
Near Streams.
EXHIBIT 20
DRAFT – 05/08/19
Amendments to Chapter 29 of Town Code – Fences, hedges, and walls.
Page 2 of 3
Solid fence means a fence constructed in such a way so that more than twenty (20) percent of the
surface area of the fence obstructs a view through the fence from a position perpendicular to the fence.
Traffic view area means the area which is within fifteen (15) feet of a street and within two hundred
(200)feet of the right-of-way line of an intersection.
Wildlife-friendly fence means a fence that allows any animal, regardless of size, to climb under, pass
through, or jump over, with a maximum height of 42 inches and a minimum distance between the
bottom rail and the ground of 18 inches.
Sec. 29.40.0315. Height, materials and design, and location.
Height.
(1)Fences, walls, gates, or hedges may not exceed six (6) feet, with one (1) foot of lattice on top
(seven (7) feet high in total); except as provided in subsections (2), (3), and (4) below.
(2)In the hillside area:
a.Fences, walls, gates, or hedges may not exceed six (6) feet.
b.Perimeter fencing shall be a wildlife-friendly as defined in Section 29.40.0310.
(3)Fences, walls, gates, and hedges may not exceed three (3) feet in height when located
within a required front or street side yard (as required under Article IV of this Chapter),
driveway view area, traffic view area, or corner sight triangle unless an exception is granted
by the Town Engineer and Community Development Director. Trees, hedges, and
vegetation within a corner sight triangle shall meet the requirements of Section 26.10.065.
(4)Pedestrian gateways or entryway arbors may be up to eight (8) feet high. No more than one
(1)gateway or entryway arbor per street frontage is allowed.
Materials and design.
(1)The following fence types and materials are prohibited:
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.
(2)In the hillside area:
a.Fences located within twenty (20) feet of a property line adjacent to a street shall be
open view fencing as defined in Section 29.40.0310.
b.Perimeter fencing shall be wildlife-friendly as defined in Section 29.40.0310.
c.Chain link, welded wire, wire mesh, or similar material shall be coated with green,
brown, or black vinyl or finish and shall be supported by a wood frame.
d.Buck and rail, double, and solid fences are prohibited.
(3)In the Landmark and Historic Preservation Overlay:
a.Plastic fencing is prohibited.
b. Fences located in a required front yard shall be open view.
DRAFT – 05/08/19
Amendments to Chapter 29 of Town Code – Fences, hedges, and walls.
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(4)Pedestrian gateways or entryway arbors shall be open view. A gateway or entryway arbor
shall have a maximum width of six (6) feet and a maximum depth of four (4) feet.
Location.
(1)No fence, wall, or gate shall be located within emergency egress easements.
(2)No fence, wall, or gate shall be located within a riparian corridor as defined in Section
29.40.0310.
(3)Vehicular gates shall be set back from the edge of the adjacent street a minimum of
eighteen (18) feet as measured along the centerline of the driveway. A greater setback may
be required when a gated entrance serves more than one house.
Sec. 29.40.0320. Exceptions.
An exception to any regulation of these fence regulations may be granted by the Community
Development Director. A fence exception application and fee shall be filed with the Community
Development Department and shall provide written justification that demonstrates one of the following
conditions exist:
Adjacent to commercial property, perimeter fences or walls may be eight (8) feet if requested or
agreed upon by a majority of the adjacent residential property owners.
On interior lots, side yard and rear yard fences, walls, gates, 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 that either:
(1)A special privacy concern exists that cannot be practically addressed by additional
landscaping or tree screening; or
(2)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 may be an example of such a problem.
At public utility facilities, critical infrastructure, and emergency access locations, exceptions may
be granted where strict enforcement of these regulations will result in a security or safety
concern.
A special security concern exists that cannot be practically addressed through alternatives.
A special circumstance exists, including lot size or configuration, where strict enforcement of
these regulations would result in undue hardship.
Sec. 29.40.0325. Exemptions.
All fences, hedges, gates, and walls existing on the effective date of this Ordinance that do not meet the
regulations contained herein are nonconforming and are exempt from these regulations. Existing
nonconforming fences may be maintained and/or replaced in kind, including historic stone or river rock
walls.
Sec. 29.40.0330. Penalties.
A property owner who has unlawfully constructed any fence, wall, gate, gateway, entry arbor, or hedge
is subject to applicable enforcement and penalties as described in Division 9 of Article II of this Chapter.
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