Item 3 - Staff Report.Hillside Fences, Hedges, Walls and Exhibits 21 & 22PREPARED 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: 05/22/2019 ITEM NO: 3
DATE: MAY 16, 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.
BACKGROUND:
On December 20, 2018, the Town Council Policy Committee (Policy Committee) forwarded the
draft Ordinance to the Planning Commission for consideration with the following direction:
•Incorporate the existing Hillside Development Standards and Guidelines (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 Policy Committee meeting is included as Exhibit 8.
On March 13, 2019, the Planning Commission considered amendments to Chapter 29 (zoning
regulations) of the Town Code regarding fences, hedges, and walls, including regulations for the
hillside area of Town. The Planning Commission received public comment, closed the public
hearing, discussed the amendments, and continued the matter to the April 10, 2019 meeting,
to allow for further discussion of the amendments.
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BACKGROUND (continued):
On April 10, 2019, the Planning Commission continued their discussion of the proposed
amendments and continued the matter to the May 8, 2019 meeting to allow staff time to
prepare a revised draft Ordinance that incorporates the following direction:
• Include an intent section outlining the intentions of the fence regulations;
• Include a definitions sections to clarify specific terms used in the draft Ordinance;
• Require perimeter fencing in the hillside area to be wildlife friendly;
• Prohibit solid fencing in the hillside area;
• Restrict fencing from riparian corridors;
• Allow maintenance and/or replacement of historic stone or river rock walls;
• Include a section outlining penalties for unlawful construction of a fence; and
• Provide a process for property owners to request an exception to the fence regulations
in recognition of the unique characteristics of many hillside area properties.
At the request of several community members, the matter was subsequently continued to the
May 22, 2019 meeting so that they could be in attendance.
DISCUSSION:
A. Public Outreach
On May 10, 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:
• 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.
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DISCUSSION (continued):
B. Revised Draft Ordinance
In response to the direction provided by the Planning Commission, the draft Ordinance has
been refined and restructured. The draft Ordinance has been divided into several sections,
which include the existing regulations approved by the Town Council on December 18,
2018, as well as new Town-wide regulations and those specific to the hillside area and
properties with a Landmark and Historic Preservation Overlay. The proposal is to amend
the Ordinance adopted by Town Council on December 18, 2018 and replace it with the draft
Ordinance (Exhibit 20). The direction provided by the Planning Commission and staff’s
analysis follow:
1. Include an intent section outlining the intentions of the fence regulations.
An intent statement is included as Section 29.40.0305 of the draft Ordinance. The
intent statement reflects the feedback received from the Planning Commission during
the April 10, 2019 meeting.
2. Include a definitions sections to clarify specific terms used in the draft Ordinance.
A definitions section has been introduced as Section 29.40.0310 of the draft Ordinance.
Along with many newly defined terms, several definitions included in the previous draft
Ordinance have been relocated into the new definitions section.
3. Require perimeter fencing in the hillside area to be wildlife friendly.
A requirement for perimeter fencing to be wildlife friendly has been added as Sections
29.40.0315(a)(2)(b) and 29.40.0315(b)(2)(b) of the draft Ordinance. Additionally, the
terms perimeter fence and wildlife-friendly fence have been defined in the definitions
section. As discussed during the April 10, 2019 meeting, a wildlife-friendly fence
includes a maximum height of 42 inches and a minimum distance between the bottom
rail and the ground of 18 inches. Staff established these dimensions after reviewing
wildlife compatible fencing documents prepared by the National Resource Conservation
Service of the United States Department of Agriculture; Montana Fish, Wildlife, and
Parks; Colorado Division of Wildlife; and Arizona Game and Fish Department. Excerpts
from these documents are included as Exhibit 21.
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DISCUSSION (continued):
4. Prohibit solid fencing in the hillside area.
Section 29.40.0315(b)(2)(d) of the draft Ordinance prohibits solid fences in the hillside
area. Additionally, the terms open-view fence and solid fence have been defined in the
definitions section.
5. Restrict fencing from riparian corridors.
Section 29.40.0315(c)(2) of the draft Ordinance prohibits fences, walls, or gates within a
riparian corridor. Additionally, the term riparian corridor has been defined in the
definitions section.
6. Allow maintenance and/or replacement of historic stone or river rock walls.
A statement has been added to the Section 29.40.0325 of the draft Ordinance that
allows maintenance and/or replacement in kind of nonconforming fences, including
historic stone or river rock walls.
7. Include a section outlining penalties for unlawful construction of a fence.
Penalties for unlawful construction of a fence are outlined in Section 29.40.0330 of the
draft Ordinance, which refers to Division 9 of Article II of the Zoning Ordinance.
8. Provide a process for property owners to request an exception to the fence regulations
in recognition of the unique characteristics of many hillside area properties.
On many of the points discussed on April 10, 2019, the Planning Commission provided
direction to include an exception process to allow flexibility, address the unique
characteristics inherent to properties in the hillside area, and provide relief from one-
size-fits-all regulations. Section 29.40.0320 of the draft Ordinance provides for a fence
exception process, incorporating the exceptions allowed for in the current Ordinance, as
well as some general exceptions that respond to the unique characteristics of individual
properties. Fence exceptions would follow the existing process for a fence height
exception, including submittal of a fee, justification for the exception, and project
details. A fence exception would be considered by the Community Development
Director or their designated agent.
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PUBLIC COMMENTS:
Written comments received before 11:00 A.M. on Friday, May 17, 2019, are included as
Exhibit 22.
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 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
(Exhibit 20).
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.
EXHIBITS:
Previously received with the March 13, 2019 Staff Report:
1. Hillside Area Map
2. Findings
3. May 8, 2019 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
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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
Previously received with the March 12, 2019 Addendum Report:
13. Public comments received by 11:00 a.m., Friday, March 8, 2019, from which a page was
inadvertently omitted in Exhibit 12 (three pages)
14. Public comments received between 11:01 a.m., Friday, March 8, 2019 and 11:00 a.m.,
Tuesday, March 12, 2019 (one page)
Previously received with the March 13, 2019 Desk Item Report:
15. Public comments received between 11:01 a.m., Tuesday, March 12, 2019 and 11:00 a.m.,
Wednesday, March 13, 2019 (four pages)
Previously received with the April 10, 2019 Staff Report:
16. Working draft Ordinance prepared by Commissioners Janoff and Hanssen, received
April 4, 2019
17. Public comments received by 11:00 a.m., Friday, April 5, 2019
Previously received with the April 9, 2019 Addendum Report:
18. Public comments received between 11:01 a.m., Friday, April 5, 2019 and 11:00 a.m.,
Tuesday, April 9, 2019
Previously received with the April 10, 2019 Desk Item Report:
19. Public comments received between 11:01 a.m., Tuesday, April 9, 2019 and 11:00 a.m.,
Wednesday, April 10, 2019
Previously received with the May 8, 2019 Staff Report:
20. May 8, 2019 Revised Draft Ordinance
Received with this Staff Report:
21. Excerpts from wildlife-friendly fencing documents prepared by the National Resource
Conservation Service of the United States Department of Agriculture; Montana Fish,
Wildlife, and Parks; Colorado Division of Wildlife; and Arizona Game and Fish Department
22. Public comments received by 11:00 a.m., Friday, May 17, 2019