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Staff Report with Exhibits.100 Alerche Drive PREPARED BY: RYAN SAFTY Associate Planner Reviewed by: Planning Manager and Community Development Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov TOWN OF LOS GATOS PLANNING COMMISSION REPORT MEETING DATE: 10/27/2021 ITEM NO: 2 DATE: October 22, 2021 TO: Planning Commission FROM: Joel Paulson, Community Development Director SUBJECT: Consider an Appeal of a Community Development Director Decision to Deny a Fence Height Exception Request for Construction of a Six-Foot Fence and Driveway Gate Located Within the Required Front Yard Setback on Property Zoned HR-1. Located at 100 Alerche Drive. APN 567-18-069. Property Owner/Applicant/Appellant: Anirudh Chauhan. Project Planner: Ryan Safty. RECOMMENDATION: Deny the appeal of a Community Development Director decision to deny a fence height exception on property zoned HR-1, located at 100 Alerche Drive. PROJECT DATA: General Plan Designation: Hillside Residential Zoning Designation: HR-1 Applicable Plans & Standards: General Plan Parcel Size: 62,328 square feet Surrounding Area: Existing Land Use General Plan Zoning North Residential Hillside Residential HR-1 South Residential Hillside Residential HR-1 East Residential Hillside Residential HR-1 West Residential Low Density Residential R-1:10 PAGE 2 OF 6 SUBJECT: 100 Alerche Drive/FHE-21-009 DATE: October 22, 2021 S:\PLANNING COMMISSION REPORTS\2021\10-27-21\Item 2 - 100 Alerche Dr\Staff Report.100 Alerche Drive.docx CEQA: The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303: New Construction or Conversion of Small Structures. The project proposes a new six-foot tall fence and vehicular gate. FINDINGS: ▪ The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303: New Construction or Conversion of Small Structures. ACTION: The decision of the Planning Commission is final unless appealed within ten days. BACKGROUND: The subject property is located on the south-east corner of Alerche Drive and Harwood Road (Exhibit 1). On August 9, 2021, the Town received a complaint regarding an unpermitted fence being constructed in the front yard of 100 Alerche Drive. On August 12, 2021, the Town’s Code Enforcement Officer contacted the property owner and informed them of the violation. On August 16, 2021, the property owner applied for a Fence Height Exception application to install a six-foot tall wrought iron fence and automatic gate within the required front yard setback (Exhibit 7). Town Code requires that fences and gates within the required front yard setback be limited to three feet in height. On September 1, 2021, the Town denied the exception request since none of the required conditions listed in Town Code 29.40.0320 (Exceptions) were found to exist on the subject property. On September 7, 2021, the decision of the Community Development Director to deny the exception request was appealed to the Planning Commission. PAGE 3 OF 6 SUBJECT: 100 Alerche Drive/FHE-21-009 DATE: October 22, 2021 S:\PLANNING COMMISSION REPORTS\2021\10-27-21\Item 2 - 100 Alerche Dr\Staff Report.100 Alerche Drive.docx PROJECT DESCRIPTION: A. Location and Surrounding Neighborhood The subject property is located on the south-east corner of Alerche Drive and Harwood Road (Exhibit 1). The surrounding properties are low -density residential and hillside residential. B. Project Summary and Zoning Compliance The property owner is appealing the Community Development Director decision to deny a Fence Height Exception application to install a six-foot tall fence and vehicular gate within the required front yard setback. The proposed project complies with all oth er Town Code requirements. DISCUSSION: A. Fence Height Exception The property owner is requesting to construct a six-foot tall wrought iron fence and automatic driveway gate within the required front yard setback. Prior to being contacted by the Code Enforcement Officer, the owner had begun installation of the six-foot fence (Exhibit 6). The majority of the unpermitted fence is setback five feet from the front property line. A small portion in between the eastern edge of the property and the second driveway approach is setback ten feet from the front property line. The owner is requesting to maintain the current location of the six-foot fence, and also install six-foot tall vehicular gates located 18 feet from the edge of the street. Parks and Public Works reviewed the proposal in terms of driveway view area, traffic view area, and corner sight triangle and found that the exception request could be supported. Per Town Code Section 29.40.0315, fences and gates in the hillside area are limited to six- feet in height and further limited to three feet when located within the required front or side yard setback abutting a street, fences located within 20 feet of a property line must be “open view” where no more than 20 percent of the surface area of the fence obstructs a view through the fence, and vehicular gates must be setback from the edge of the adjacent street a minimum of 18 feet. The proposal complies with the “open view” definition as the iron posts are 0.625 inches and the spacing is four inches (15.6 percent). The vehicular gates also comply as they would open inward, towards the property, and would be setback 18 feet from the edge of pavement of the street. The proposed height of the fence and gates is the only exception request. PAGE 4 OF 6 SUBJECT: 100 Alerche Drive/FHE-21-009 DATE: October 22, 2021 S:\PLANNING COMMISSION REPORTS\2021\10-27-21\Item 2 - 100 Alerche Dr\Staff Report.100 Alerche Drive.docx DISCUSSION (continued): Town Code Section 29.40.0320, provided below, allows an exception to any of the fence regulations if a property owner can demonstrate that one of the following conditions exist. Sec. 29.40.0320. - Exceptions. An exception to any 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 (1) of the following conditions exist: (a) 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. (b) 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. (c) 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. (d) A special security concern exists that cannot be practically addressed through alternatives. (e) A special circumstance exists, including lot size or configuration, where strict enforcement of these regulations would result in undue hardship. The property owner requested an exception due to wildlife concerns associated with the existing vineyard and orchard, privacy and security concerns due to the property being situated at the corner of two busy streets, and compatibility with the surrounding neighborhood (Exhibit 4). For the wildlife concerns, the property owner cited condition (b) (2) from Town Code Section 29.40.0320. The property has an existing vineyard in the front yard and orchard trees in the front corner of the property. The property owner states that deer are eating the front vineyard, and that a six-foot tall fence is required to protect the vineyard from being eaten (Exhibit 4). However, (b) (2) from Town Code Section 29.40.0320 only applies to side and rear yard fences on interior lots, behind the front setback. The proposal is within the front yard of a corner lot; therefore, staff could not support the requested exception. PAGE 5 OF 6 SUBJECT: 100 Alerche Drive/FHE-21-009 DATE: October 22, 2021 S:\PLANNING COMMISSION REPORTS\2021\10-27-21\Item 2 - 100 Alerche Dr\Staff Report.100 Alerche Drive.docx DISCUSSION (continued): For the privacy and security concern, the property owner cited condition (b) (1) from Town Code Section 29.40.0320. The property is a corner lot, and the property owner states that people trespass on to the property to visit and taste the fruits, which creates a privacy and safety concern (Exhibit 4). However, (b) (1) from Town Code Section 29.40.0320 only applies to side and rear yard fences on interior lots, behind the front setback. The proposal is within the front yard of a corner lot; therefore, staff could not support the requested exception. For neighborhood compatibility, the property owner cited condition (e) from Town Code Section 29.40.0320. The property owner recently purchased the property, and the vineyard and orchard were existing. The property owner states that complying with Town Code by either reducing the height to three feet or pushing the fence and gates back to comply with the required 30-foot front setback requirement would be an undue hardship (Exhibit 4). The property owner references nine other properties in the neighborhood that do not comply with these rules, and they feel that a compliant fence would not be compatible with the neighborhood (Exhibit 5). However, none of the nine properties referenced received an approved fence exception; therefore, staff could not support the requested exception. B. Appeal Analysis The Decision of the Community Development Director to deny the Fence Height Exception application was appealed on September 7, 2021 (Exhibit 9). The property owner believes that the exception request is compatible with the neighborhood and if they complied with Town Code, their property would not blend with the neighborhood. Attached to the appeal form were twelve emails from neighbors in support of the proposed exception (Exhibit 10). The neighbor’s emails reflect the reasoning provided by the property owner in the appeal form. C. Environmental Review The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303: New Construction or Conversion of Small Structures. PUBLIC COMMENTS: Written notice was sent to property owners and tenants within 500 feet of the subject property. Several neighbors have submitted letters of support, which were provided when the appeal was received, and are included as Exhibit 10. At time of preparation of this report, no additional public comment has been received. PAGE 6 OF 6 SUBJECT: 100 Alerche Drive/FHE-21-009 DATE: October 22, 2021 S:\PLANNING COMMISSION REPORTS\2021\10-27-21\Item 2 - 100 Alerche Dr\Staff Report.100 Alerche Drive.docx CONCLUSION: A. Summary The property owner is requesting that the Planning Commission reconsider the Community Development Director’s decision to deny the Fence Height Exception application in order to maintain the existing six-foot tall fence and vehicular gates within the required front yard setback. B. Recommendation Staff recommends that the Planning Commission take the following actions to deny the appeal, uphold the decision of the Community Development Director, and deny the Fence Height Exception application: 1. Find that the proposed project is categorically exempt pursuant to the adopted Guidelines for the implementation of the California Environmental Quality Act, Section 15303: New Construction or Conversion of Small Structures (Exhibit 2); and 2. Deny the appeal of a Community Development Director decision to deny the Fence Height Exception application. C. Alternatives Alternatively, the Commission can: 1. Continue the matter to a date certain with specific direction; 2. Grant the appeal and approve the Fence Height Exception application with the draft conditions provided in Exhibit 3; or 3. Grant the appeal with additional and/or modified conditions. EXHIBITS: 1. Location Map 2. Required Findings and Considerations 3. Recommended Conditions of Approval if Appeal is Approved 4. Project Description and Letter of Justification, received August 29, 2021 5. Neighborhood Pictures, received August 29, 2021 6. Property Pictures, received August 29, 2021 7. Project Plans, received August 29, 2021 8. Fence Height Exception Denial Letter, dated September 1, 2021 9. Appeal of Community Development Director Decision, received September 9, 2021 10. Neighborhood Support of Appeal, received September 9, 2021 HARWOOD RDALER C H E D R BELRIDGE DR BELHAVEN DR BELCREST DR BEGONIA DRCRIDER C T 100 Alerche Drive 0 0.250.125 Miles ° Update Notes: - Updated 12/20/17 to link to tlg-sql12 server data (sm) - Updated 11/22/19 adding centerpoint guides, Buildings layer, and Project Site leader with label - Updated 10/8/20 to add street centerlines which can be useful in the hillside area - Updated 02-19-21 to link to TLG-SQL17 database (sm) EXHIBIT 1 This Page Intentionally Left Blank PLANNING COMMISSION –October 27, 2021 REQUIRED FINDINGS FOR: 100 Alerche Drive Fence Height Exception FHE-21-009 Consider an Appeal of a Community Development Director Decision to Deny a Fence Height Exception Request for Construction of a Six-Foot Fence and Driveway Gate Located Within the Required Front Yard Setback on Property Zoned HR-1. Located at 100 Alerche Drive. APN 567-18-069. Property Owner/Applicant/Appellant: Anirudh Chauhan. Project Planner: Ryan Safty. Required finding for CEQA: ■ The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303: New Construction or Conversion of Small Structures. S:\PLANNING COMMISSION REPORTS\2021\10-27-21\Item 2 - 100 Alerche Dr\Exhibit 2 - Required Findings and Considerations.docx EXHIBIT 2 This Page Intentionally Left Blank PLANNING COMMISSION – October 27, 2021 CONDITIONS OF APPROVAL 100 Alerche Drive Fence Height Exception FHE-21-009 Consider an Appeal of a Community Development Director Decision to Deny a Fence Height Exception Request for Construction of a Six-Foot Fence and Driveway Gate Located Within the Required Front Yard Setback on Property Zoned HR-1. Located at 100 Alerche Drive. APN 567-18-069. Property Owner/Applicant/Appellant: Anirudh Chauhan. Project Planner: Ryan Safty. TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division 1. APPROVAL: This application shall be completed in accordance with all of the conditions of approval listed below. 2. EXPIRATION: The Fence Height Exception approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, un less the approval has been vested. 3. BUILDING PERMIT: The proposed vehicular gates require a building permit. 4. VEHICULAR GATE: The vehicular gate must open inward, towards the residence. 5. TREE PROTECTION: At the discretion of the Town Arborist, tree protection fencing shall be installed prior to building permit issuance. 6. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement from the Town shall defend, indemnify, and hold harmless the Town and its officials in any action brought by a third party to overturn, set aside, or void the permit or entitlement. This requirement is a condition of approval of all such permits and entitlements whether or not expressly set forth in the approval and may be secured to the satisfaction of the Town Attorney. S:\PLANNING COMMISSION REPORTS\2021\10-27-21\Item 2 - 100 Alerche Dr\Exhibit 3 - Recommended Conditions of Approval if appeal approved.docx EXHIBIT 3 This Page Intentionally Left Blank I would like to put 6 feet wrought iron fence which is completely see through and matches with what my front neighbor at 101 Alerche Drive installed couple of months back and 7 other houses in the neighborhood have. The fence rods are 0.625 inch wide that confirms to the visibility rules. I have structured the document in following sections: -Unique characteristics of the property -Why I need a fence -Exception Request -Proposal for the fence -Pictures of fences in the neighborhood -Support from neighbors for the fence with straight line pattern parallel to street Key/Unique features of the property 1.I have a vineyard with 24 rows of 20 grape trees in the back (around 500 grape vines), 12 rows of vines in front (around 120 grape vines) and fruit orchard all along the property. These are a big source of income to help me maintain the property. The fruit orchard in the front corner got largely destroyed by wildlife and so I must redo this area now which is unfortunate cost that to bear as I did not proactively take care of fencing. EXHIBIT 4 2.It’s a corner property along two very busy streets. At any point of day, you can find people walking along Alerche and Harwood. 3.There are two large and mature Birch trees in the front, around 8 feet from the property line and two mature Magnolia trees around 12 feet in front of the house structure with shallow roots (many cases even above surface). There is a curved driveway around 28 feet inside. Why I need fence in the front 1.Security for Vineyards and Orchard: The vineyard in the front is totally exposed to wildlife, we have had to chase deer/s away from them several times. So far, I was relying on security cameras to detect any movement and then go out and make sure that the vines are not being eaten at. With back to work starting in September I’m afraid this won’t be possible and so requesting for a “Wildlife exception” to be able to install the fence. 2. Security of family and property: Even at 10:30 at night you will find people hanging around, some of them curious enough to check the vineyards and orchards and so walk into the property, which is very uncomfortable for the family, especially my teenage daughter. In the 3 months we have lived, in two different occasions we have had strangers walk into our property past the garage, all the way to the backyard. Exception request I’m requesting an exception for six feet see through and wildlife friendly fence under Sec. 29.40.0320. - Exceptions - 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. The vineyard and fruit orchard in the front are being destroyed by deer grazing causing financial loss to my business under the name “The Chauhan LLC” registered with California State for Vineyard and Wine M aking business. Hence the request for for 6 feet fence to keep deer/s away. - A special privacy concern exists that cannot be practically addressed by additional landscaping or tree screening We have had unwarranted and surprise trespassing from people who walk along Alerche and Harwood and are curious to check out the vineyard and orchard or to taste the fruits without informing us. As a father of a teenage girl this makes me very uncomfortable, and family feel insecure. Hence the request to put gates and fence along the front of the property. - A special circumstance exists, including lot size or configuration, where strict enforcement of these regulations would result in undue hardship. The vineyard in the front is laid out at a 45-degree angle to the house structure to get maximum area for farming and get adequate sunlight. Just covering that section is not possible without the fence coming all the way up to the front porch which would make the property look extremely unpleasing to sight . There is a sewer line running on that side of house, 4 feet to the side of porch which would be in the path of the fence and so encircling just the vineyard becomes extremely problematic and tough. In the middle part of the front section, pushing the fence out all the way along the curved driveway is something most of my neighbors are opposed to as it doesn’t conform with the fencing pattern with other 11 houses in the neighborhood that have a straight fe nce running parallel to the street (they are either at the edge of the property line or less than 10 feet from street, while in my case I am requesting exception to install fence with 10 feet setback from street (5 feet setback from property line). In the last section I am presenting emails from 5 of my neighbors who very strongly support the configuration I’m proposing. Further if I must push it back along the driveway, given the way property is structured in certain areas the fence would be bare ly 12 feet away from house which is aesthetically extremely unpleasing and takes away any open space for kids and pets to play or for pet to do his job with nature’s call (pee or poo). There won’t be any grass area left. While I understand it's very important to follow the city guidelines (and I do want to), I sincerely hope that the Director of Planning puts under consideration the thoughts and desires of the residents of the neighborhood and decides in favor of an exception for something that blends well with the overall looks and aesthetics of the neighborhood. It's a very close knit and friendly neighborhood where all of us want to feel good about our surroundings and not have to look at something that is totally off from other houses. Proposal for the fence 1. A 6-foot-high wrought iron fence which is completely see through. Anything under 6 feet doesn’t give protection to my orchard and vineyards in the front. The fence rods are 0.625 inch wide that confirms to the visibility rules. The proposed fence matches with my front neighbor’s fence at 101 Alerche and 7 other houses in the neighborhood. 2. The fence would be 10 feet inside from the street in the middle section, as far back as possible to the mature Birch trees and vines so I do not have to cut/remove/damage any trees running parallel to the street. In the vineyard section, the fence would run straight just beside the last column of vines and behind the existing bushes. This straight fencing pattern along the front of the property parallel to street matches with 11 other houses in the neighborhood. Most of them were installed within the last 3 years and have zero to less than 10 feet space from the street. In my case I’m proposing a 10 feet setback from street (5 feet setback from property line) so that I can have some seasonal flowers and landscaping done between the fence and street to give a nice look. 3. Two motorized gates on both sides of the curved driveway, with 18 feet setback from street that confirms to city guidelines. The fence is far away from street to cause any kind of obstruction of view. Some pictures below to show there is no obstruction of sight Street view from Stop sign Front yard view The fence has a 10 feet setback from the edge of the street. There are two trees right behind it and I did not want to damage them. Corner View Location of Gates with 18 feet setback Pictures of fence in the neighborhood Front house, 101 Alerche Drive Diagonally opposite 105 Alerche Drive 105 Critter Drive 2nd house from there 103 Criitter Drive 110 Alerche Drive (3rd house from me on the same side of street) The house in front 109 Alerche Drive The house next to it 117 Alerche Drive House opposite to it 114 Alerche Drive. The house next to it 16494 Harwood Drive This Page Intentionally Left Blank Front house, 101 Alerche Drive EXHIBIT 5 Diagonally opposite house 105 Alerche Drive: Nott even see through 2nd house from there 103 Criitter Drive The next house 105 Criitter Drive 110 Alerche Drive (3rd house from me on the same side of street) The house in front 109 Alerche Drive The house next to it 117 Alerche Drive House opposite to it 114 Alerche Drive The house next to it 16494 Harwood Drive This Page Intentionally Left Blank EXHIBIT 6 This Page Intentionally Left Blank EXHIBIT 8 This Page Intentionally Left Blank EXHIBIT 9 This Page Intentionally Left Blank This Page Intentionally Left Blank