Attachment 1 - June 14, 2023, Planning Commission Staff Report, with Exhibits 1 through 10PREPARED BY: SEAN MULLIN, AICP
Senior 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: 6/14/2023 ITEM NO: 2
DATE: June 9, 2023
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 an Automated Vehicular
Gate Exceeding the Maximum Height and with Reduced Setbacks on Property
Zoned R-1:8. Located at 380 Blackwell Drive. APN 424-12-027. Categorically
Exempt Pursuant to CEQA Guidelines Section 15303 (e): New Construction or
Conversion of Small Structures. Fence Height Exception Application FHE-23-
002.PROPERTY OWNER: Larry Cesnik and Martha Johnson. APPELLANT:
Larry Cesnik. APPLICANT: Ramin Zohoor. PROJECT PLANNER: Sean Mullin.
RECOMMENDATION:
Deny the appeal of a Community Development Director decision to deny a fence height
exception request for construction of an automated vehicular gate exceeding the maximum
height and with reduced setbacks on property zoned R-1:8, located at 380 Blackwell Drive.
PROJECT DATA:
General Plan Designation: Low Density Residential
Zoning Designation: R-1:8, Single-Family Residential
Applicable Plans & Standards: Town Code, General Plan, Residential Design Guidelines
Parcel Size: 8,000 square feet
Surrounding Area:
Existing Land Use General Plan Zoning
North Residential Low Density Residential R-1:8:PD
South Residential Low Density Residential R-1:8
East Residential Low Density Residential R-1:8
West Residential Low Density Residential R-1:8
ATTACHMENT 1
PAGE 2 OF 7 SUBJECT: 380 Blackwell Drive/FHE-23-002 DATE: June 9, 2023
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CEQA:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act, Section 15303 (e): New Construction or Conversion
of Small Structures.
FINDINGS:
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15303 (e): New
Construction or Conversion of Small Structures.
As required by Section 29.40.320 of the Town Code for granting a Fence Height Exception.
ACTION:
The decision of the Planning Commission is final unless appealed within ten days.
BACKGROUND:
The subject property is located at the corner of Blackwell Drive and National Avenue (Exhibit 1).
The surrounding properties are residential uses. The subject property is developed with a
single-family residence and an attached accessory dwelling unit (ADU).
On September 13, 2022, the Town issued an administrative citation for a code violation at the
subject property (Exhibit 4) after the vehicular gate was noted by a Town Building Inspector
during a progress inspection for construction of the ADU. This letter requested that the
property owners apply for a Building Permit for the vehicular gate by September 27, 2022.
Following issuance of the citation, the applicant contacted Town Planning staff who
communicated to the applicant that the vehicular gate exceeds the three-foot height limitation
for a gate located in the required front yard and the traffic view area. Additionally, staff noted
that the gate does not meet the required 18-foot setback from the edge of the street. Staff
indicated that the Town Code offers an exception process that allows for deviation from the
Town’s requirements if the appropriate findings are made by the Community Development
Director.
On February 6, 2023, the applicant applied for an exception to the Town’s fence regulations for
the unpermitted construction of the vehicular gate, which does not comply with the Town Code
fence height regulations for fences located in the required front setback and traffic view area,
and for not meeting the required 18-foot setback for vehicular gates as measured from the
street. The exception request was based on concerns related to protecting their child from
stepping off the property. The project plans are provided as Exhibit 5, and the Letter of
Justification for the exception is provided as Exhibit 5.
PAGE 3 OF 7 SUBJECT: 380 Blackwell Drive/FHE-23-002 DATE: June 9, 2023
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BACKGROUND (continued):
On March 6, 2023, the exception request was denied by the Community Development Director
as none of the required findings per Town Code Section 29.40.0320 could be made and based
upon the conclusion by the Parks and Public Works Department that unsafe conditions are
created by the vehicular gate lacking the 18-foot setback required by Town Code Section
29.40.0315(c)(3), and its proximity to the intersection adjacent to the property (Exhibit 6).
On March 8, 2023, the property owner appealed this decision (Exhibit 7).
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The subject property is located at the corner of Blackwell Drive and National Avenue
(Exhibit 1). The surrounding properties are residential uses. The subject property is
developed with a single-family residence and an attached ADU.
B. Project Summary and Zoning Compliance
The property owner is appealing the Community Development Director decision to deny an
exception to the fencing regulations for unpermitted construction of a vehicular gate that
does not comply with the height regulations for fences located in the required front setback
and traffic view area, and for not meeting the required 18-foot setback for vehicular gates
as measured from the street (Exhibit 7).
DISCUSSION:
A. Fence Height Exception
The property owner requested an exception to the fence regulations for: a vehicular gate
exceeding the three-foot height limitation located in a required front setback and traffic
view area; and a vehicular gate that does not meet the 18-foot setback requirement as
measured from the edge of the street (Exhibit 5).
Exhibit 8, prepared by staff, shows the locations of existing fencing on the property, which
includes:
• Six-foot tall solid wood fencing along the rear and interior side property lines. This
fencing appears to comply with current regulations.
• Four-foot tall concrete block and picket fencing at the front and street-side property
lines. This fencing continues along the east side of the driveway to connect with the
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BACKGROUND (continued):
residence. This fencing existed prior to the current fence regulations and is considered
existing legal nonconforming.
• Four-foot, three-inch, tall solid wood fencing along the interior property line running
from the front property line to the six-foot tall fencing described above. This fencing
existed prior to the current fence regulations and is considered existing legal
nonconforming.
• Seven-foot tall solid wood fencing running from the interior property line to the left side
of the residence. This fencing appears to comply with current regulations.
• A four-foot, three-inch tall unpermitted vehicular gate across the driveway at the front
property line, which is the subject of this appeal.
Per Town Code Section 29.40.0315 (a)(3), fences, walls, gates, and hedges may not exceed a
height of three feet when located within a required front or side yard abutting a street,
driveway view area, or traffic view area unless an exception is granted by the Town
Engineer and Community Development Director. This regulation is intended to minimize
conflicts between pedestrians, cyclists, and cars by ensuring fences, walls, gates, and
hedges do not obstruct the view from a car as it exits a driveway and crosses over a
sidewalk to enter the roadway. Limiting the height of fences and gates to no more than
three feet in these areas allows drivers and pedestrians a view of each other while
continuing to afford property owners the opportunity to define the boundaries of their
property. The required front setback in the R-1:8 zone is 25 feet, and a traffic view area is
the area that is within 15 feet of a street. Staff has prepared an exhibit showing the
locations of these areas and the existing unpermitted vehicular gate (Exhibit 8). The
proposed four-foot, three-inch tall vehicular gate is set at the front property line.
Per Town Code Section 29.40.0315 (c)(3), vehicular gates shall be set back from the edge of
the adjacent street a minimum of 18 feet. The intent of this regulation is to allow for
vehicles to clear the travel lanes while queuing as the gate is opening. The required
vehicular setback is shown on Exhibit 8. The vehicular gate is setback approximately 13.4
feet from the edge of the street.
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:
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DISCUSSION (continued):
(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 exceptions based on concerns related to protecting their
child from stepping off the property (Exhibit 5).
Staff was unable to support the requested exceptions as the required findings could not be
made. In consideration of the safety concern cited by the applicant, staff noted that the
property is already enclosed by existing fencing and gates except for the driveway area.
Additionally, the requested exceptions would create unsafe conditions caused by a
vehicular gate lacking the 18-foot setback required by the Town Code. The reduced setback
of the gate would not allow for vehicles to clear the travel lanes while queuing, potentially
obstructing traffic on Blackwell Drive near the intersection with National Avenue. Parks and
Public Works reviewed the proposal and could not support the exception requests noting
that the subject driveway is near a busy street (National Avenue) and the added queue time
is considered a nuisance and unnecessary risk. The Town denied the exception request on
March 6, 2023 (Exhibit 6).
B. Appeal
The decision of the Community Development Director to deny the Fence Height Exception
application was appealed by the property owner on March 8, 2023 (Exhibit 7). In their
appeal, the property owner reiterates their safety concerns. Additional justification and
information were not provided with the appeal.
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DISCUSSION (continued):
C. Environmental Review
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15303 (e): New
Construction or Conversion of Small Structures.
PUBLIC COMMENTS:
Written notice was sent to property owners and tenants within 300 feet of the subject
property. Staff has included all public comments received by 11:00 a.m., Friday, June 9, 2023,
as Exhibit 9.
CONCLUSION:
A. Summary
The property owner is requesting that the Planning Commission overturn the Community
Development Director’s decision to deny an exception to the fencing regulations for
unpermitted construction of a vehicular gate that does not comply with the Town Code
fence height regulations for fences located in the required front setback and traffic view
area, and for not meeting the 18-foot setback for vehicular gates as measured from the
street and approve the application.
B. Recommendation
Staff recommends that the Planning Commission deny the appeal and uphold the
Community Development Director decision to deny an exception to the fencing regulations
based on the reasoning provided in this report.
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 with the findings in Exhibit 2
and the draft conditions provided in Exhibit 3; or
3. Grant the appeal with additional and/or modified conditions.
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EXHIBITS:
1. Location Map
2. Required Finding
3. Recommended Conditions of Approval if Appeal is Granted
4. Administrative Warning/Citation VL-22-465, dated September 9, 2022
5. Exception Request – Letter of Justification
6. Fence Height Exception Denial Letter, dated March 6, 2023
7. Appeal of the Community Development Director Decision, received March 8, 2023
8. Annotated Site Plan Prepared by Staff
9. Public Comments received before 1100 a.m., Friday June 9, 2023
10. Project Plans
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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
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PLANNING COMMISSION – June 14, 2023 REQUIRED FINDINGS FOR:
308 Blackwell Drive
Fence Height Exception FHE-23-002
Consider an Appeal of a Community Development Director Decision to Deny a Fence
Height Exception Request for Construction of an Automated Vehicular Gate
Exceeding the Maximum Height and with Reduced Setbacks on Property Zoned R-1:8.
Located at 380 Blackwell Drive. APN 424-12-027. Categorically Exempt Pursuant to
CEQA Guidelines Section 15303 (e): New Construction or Conversion of Small Structures. Fence Height Exception Application FHE-23-002. PROPERTY OWNER: Larry Cesnik and Martha Johnson. APPELLANT: Larry Cesnik. APPLICANT: Ramin Zohoor. PROJECT PLANNER: Sean Mullin.
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 (e): New
Construction or Conversion of Small Structures.
Required findings for granting a Fence Height Exception:
■ 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.
N:\DEV\FINDINGS\2023\Blackwell Drive, 308 - 06-14-23 PC.docx EXHIBIT 2
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PLANNING COMMISSION – June 14, 2023 CONDITIONS OF APPROVAL
308 Blackwell Drive
Fence Height Exception FHE-23-002
Consider an Appeal of a Community Development Director Decision to Deny a Fence
Height Exception Request for Construction of an Automated Vehicular Gate
Exceeding the Maximum Height and with Reduced Setbacks on Property Zoned R-1:8.
Located at 380 Blackwell Drive. APN 424-12-027. Categorically Exempt Pursuant to
CEQA Guidelines Section 15303 (e): New Construction or Conversion of Small Structures. Fence Height Exception Application FHE-23-002. PROPERTY OWNER: Larry Cesnik and Martha Johnson. APPELLANT: Larry Cesnik. APPLICANT: Ramin Zohoor. PROJECT PLANNER: Sean Mullin.
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, unless the approval has been vested.
3. BUILDING PERMIT: The proposed vehicular gate requires a Building Permit.
4. VEHICULAR GATE: The vehicular gate must open inward, towards the residence or slide
parallel to the street.
5. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that
any applicant who receives a permit or entitlement (“the Project”) from the Town shall
defend (with counsel approved by Town), indemnify, and hold harmless the Town, its
agents, officers, and employees from and against any claim, action, or proceeding (including
without limitation any appeal or petition for review thereof) against the Town or its agents,
officers or employees related to an approval of the Project, including without limitation any
related application, permit, certification, condition, environmental determination, other
approval, compliance or failure to comply with applicable laws and regulations, and/or
processing methods (“Challenge”). Town may (but is not obligated to) defend such
Challenge as Town, in its sole discretion, determines appropriate, all at applicant’s sole cost
and expense.
Applicant shall bear any and all losses, damages, injuries, liabilities, costs and expenses
(including, without limitation, staff time and in-house attorney’s fees on a fully-loaded
basis, attorney’s fees for outside legal counsel, expert witness fees, court costs, and other
litigation expenses) arising out of or related to any Challenge (“Costs”), whether incurred by
Applicant, Town, or awarded to any third party, and shall pay to the Town upon demand
EXHIBIT 3
any Costs incurred by the Town. No modification of the Project, any application, permit
certification, condition, environmental determination, other approval, change in applicable
laws and regulations, or change in such Challenge as Town, in its sole discretion, determines
appropriate, all the applicant’s sole cost and expense. No modification of the Project, any
application, permit certification, condition, environmental determination, other approval,
change in applicable laws and regulations, or change in processing methods shall alter the
applicant’s indemnity obligation.
Building Division
6. PEDESTRIAN GATE REQUIRED: Identify the location of the required pedestrian gate;
7. PEDESTRIAN GATE: For pedestrian access in the vicinity of an automated gate, a separate
pedestrian gate shall be provided. The pedestrian gate shall be installed in a location such
that a pedestrian shall not come in contact with a moving vehicular access gate. A
pedestrian gate shall not be incorporated into an automated vehicular gate panel.
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Approved.docx
EXHIBIT 4
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Project Address: 380-A-380 Blackwell Dr.,
Dear Madam/sir at city of Los Gatos planning department.,
Owners of property 380 Blackwell Drive. Have installed a roll security gate for the safety of their child. The gate has been installed at the edge of the property line in front. The height of the proposed garage is 51 inches. The gate is fully open and operable. The reason for the installation of gate is due to the illness of the child and scare of his safety which might cause him step outside of the property while playing at the front yard.
This gate will provide additional safety needed to make sure the kid stays in without supervision at all hours. All conditions of the existing fences and proposed roll fence have been details on the submitted site plan sheet for review.
Any questions please contact Ramin Zohoor
EXHIBIT 5
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TOWN OF LOS GATOS
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
(408) 354-6872 Fax (408) 354-7593
March 6, 2023
Larry Cesnik
{Sent via Email}
RE: AMENDED ACTION LETTER
380 Blackwell Drive
Fence Height Exception (FHE-23-002)
Requesting approval for an exception to an existing 4.25-foot-tall automated vehicular
gate within the required front yard setback on property zoned R-1:8. APN 424-12-027.
PROPERTY OWNERS: Larry Cesnik and Martha Johnson
APPLICANT: Ramin Zohoor
The Los Gatos Community Development Department and Public Works Department have
reviewed the referenced application for a fence height exception pursuant to Town Code
Section 29.40.0320. Based upon review by the Parks and Public Works Department, staff is
unable to approve the application due to the unsafe conditions caused by a vehicular gate
lacking the 18-foot setback required by Town Code Section 29.40.0315(c)(3), and its proximity
to the intersection adjacent to the property. Sufficient justification for conditions listed in
Section 29.40.0320 was not provided.
Based on the foregoing, the Los Gatos Community Development Department has denied the
request on February 27, 2023.
PLEASE NOTE: Pursuant to Section 29.20.255 of the Town Code, this decision may be appealed
by any interested party to the Planning Commission within 10 days of the denial date. Appeals,
with the completed Appeal Form and appeal fee payment, must be submitted in person to the
Town Clerk’s office within 10 days from the date of denial, or by 4:00 p.m. on March 9, 2023.
If you have any questions concerning this decision, please contact me at (408) 354-6873 or via
email at PBeeuwsaert@LosGatosCA.gov.
Sincerely,
Peggy Beeuwsaert
Assistant Planner
CIVIC CENTER
110 E. MAIN STREET
LOS GATOS, CA 95030
EXHIBIT 6
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Required 18-foot
vehicular gate setback
25-foot front setback 15-foot street-side setback13.4 feet EDGE OF STREET
(E) 6-ft solid wood fence
(E) 7-ft solid wood fence
(E) 4-ft masonry/picket fence
(E) 4.25-ft solid wood fence
(N) 4.25-ft vehicular gate18 feet 15-ft Traffic View Area15 feet (N) Vehicular Gate
EXHIBIT 8
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From: Lawrence Cesnik
Sent: Friday, June 9, 2023 10:46 AM
To: Sean Mullin <SMullin@losgatosca.gov>
Subject: Fwd: Regarding 380 Blackwell electronic gate permit request- email #1
Hi Sean,
In the next few minutes ahead of your 11:00am cutoff for regular agenda, I will be submitting several
emails to help document my case
Here is #1
Larry Cesnik
mobile
Begin forwarded message:
From: Ramin Zohoor
Date: October 28, 2022 at 5:59:02 PM PDT
To: Allen Meyer <AMeyer@losgatosca.gov>
Cc: Lawrence Cesnik Eli
Subject: Re: Regarding 380 Blackwell electronic gate permit request
Hello Allen.,
Hope you are doing well.
I was in the city on July 14th and I spoke with Savannah Van Akin in person. Situation was _ The exterior
fence which I hope you had a chance to see the location & heights were installed before final inspection.
I have reached out to the city for revision and the outcome was we would need to go through an
exception. That being said, I stopped by at the city to further discuss the options we would have with
the non conforming fence and from what Savannah has mentioned was that the fence is over the
allowed height , too close to the property line / street & it is in the corner lot which will limit the
visibility and the exception won't most likely be approved. She has suggested for us to work on getting
the fence adjusted and pushed back. WHich brings me to the point why there is no exception / revision
number as this discussion was done in person and as you can see in detail.
My question is _ If you have seen the fence location, height that is being proposed do you agree the
exception will be approved regardless of the location & corner lot ? We just went based on what the
planner told us and we are hoping you could let us know differently so this can stay and ofcourse we will
submit any further revisions required.
Thank you.
On Wed, Oct 26, 2022 at 11:46 AM Allen Meyer <AMeyer@losgatosca.gov> wrote:
Good morning Larry Ramin, and Eli,
What was the permit number for the vehicular gate that was submitted by Just Right Home
Remodeling?
The next best step would be to submit a permit application for the vehicular gate.
EXHIBIT 9
Respectfully yours,
Allen Meyer ● Code Compliance Officer
Community Development Department ● 110 E Main Street, Los Gatos CA 95030
Ph: 408.399.5746 ● ameyer@losgatosca.gov
www.losgatosca.gov ● https://www.facebook.com/losgatosca
Code Compliance hours:
7:00 AM – 3:30 PM, Monday – Friday
CONFIDENTIALITY DISCLAIMER
This e-mail is intended only for the use of the individual(s) named in this e-mail. If you receive this e-mail
and are not a named recipient, any use, dissemination, distribution or copying of the e-mail is strictly
prohibited. If you have received this communication in error, please immediately notify us at the above
e-mail address.
-----Original Message-----
From: Lawrence Cesnik
Sent: Tuesday, October 25, 2022 9:02 PM
To: Allen Meyer <AMeyer@losgatosca.gov>
Cc: Eli ;
Subject: Regarding 380 Blackwell electronic gate permit request
EXTERNAL SENDER
Hello Allen, Roy
I’ve been in touch this evening with the team of our contractor- Just Right Home Remodeling (Eli our
lead contact & Ramin the architect ccd above)
They report that they did indeed submit the permit application and Ramin visited your office on July 14
to discuss it.
Based on our conversation today, I assume that the best next step is for them to re-submit- but am
cc’ing all so that you can discuss in writing or by phone
Thanks again
Larry Cesnik
mobile
From: Lawrence Cesnik
Sent: Friday, June 9, 2023 10:47 AM
To: Sean Mullin <SMullin@losgatosca.gov>
Subject: Fwd: Regarding 380 Blackwell electronic gate permit request- email #2
Larry Cesnik
mobile
Begin forwarded message:
From: Ramin Zohoor
Date: October 31, 2022 at 10:34:28 AM PDT
To: Allen Meyer <AMeyer@losgatosca.gov>
Cc: Lawrence Cesnik , Eli , Roy Alba
<ralba@losgatosca.gov>
Subject: Re: Regarding 380 Blackwell electronic gate permit request
Hi Allen.,
That is exactly what was discussed and brought to the planning department about the vehicle gates not
the existing fences.
The discussion was for exception application of the vehicle gate which the planner Savannah Van Akin
said the location., heights and what we are applying for does not get approved. She mentioned per what
the neighborhood is and location of the fence its unlikely that we pay for full exception application and
get it approved.
Question I am hoping to get an answer is if you think it would be a different situation where clients will
be getting this approved as you see it location. ?
On Mon, Oct 31, 2022 at 10:30 AM Allen Meyer <AMeyer@losgatosca.gov> wrote:
Good morning Ramin,
The citation that was issued on September 13, 2022 had nothing to do with the existing white picket
fence, the citation is only about the vehicle gate which was installed without a permit. Please submit a
permit application online for the unpermitted vehicular gate.
Thank you,
Allen Meyer ● Code Compliance Officer
Community Development Department ● 110 E Main Street, Los Gatos CA 95030
Ph: 408.399.5746 ● ameyer@losgatosca.gov
www.losgatosca.gov ● https://www.facebook.com/losgatosca
Code Compliance hours:
7:00 AM – 3:30 PM, Monday – Friday
CONFIDENTIALITY DISCLAIMER
This e-mail is intended only for the use of the individual(s) named in this e-mail. If you receive this e-mail
and are not a named recipient, any use, dissemination, distribution or copying of the e-mail is strictly
prohibited. If you have received this communication in error, please immediately notify us at the above
e-mail address.
From: Ramin Zohoor
Sent: Friday, October 28, 2022 5:59 PM
To: Allen Meyer <AMeyer@losgatosca.gov>
Cc: Lawrence Cesnik >; Eli
Subject: Re: Regarding 380 Blackwell electronic gate permit request
Hello Allen.,
Hope you are doing well.
I was in the city on July 14th and I spoke with Savannah Van Akin in person. Situation was _ The exterior
fence which I hope you had a chance to see the location & heights were installed before final inspection.
I have reached out to the city for revision and the outcome was we would need to go through an
exception. That being said, I stopped by at the city to further discuss the options we would have with
the non conforming fence and from what Savannah has mentioned was that the fence is over the
allowed height , too close to the property line / street & it is in the corner lot which will limit the
visibility and the exception won't most likely be approved. She has suggested for us to work on getting
the fence adjusted and pushed back. WHich brings me to the point why there is no exception / revision
number as this discussion was done in person and as you can see in detail.
My question is _ If you have seen the fence location, height that is being proposed do you agree the
exception will be approved regardless of the location & corner lot ? We just went based on what the
planner told us and we are hoping you could let us know differently so this can stay and ofcourse we will
submit any further revisions required.
Thank you.
On Wed, Oct 26, 2022 at 11:46 AM Allen Meyer <AMeyer@losgatosca.gov> wrote:
Good morning Larry Ramin, and Eli,
What was the permit number for the vehicular gate that was submitted by Just Right Home
Remodeling?
The next best step would be to submit a permit application for the vehicular gate.
Respectfully yours,
Allen Meyer ● Code Compliance Officer
Community Development Department ● 110 E Main Street, Los Gatos CA 95030
Ph: 408.399.5746 ● ameyer@losgatosca.gov
www.losgatosca.gov ● https://www.facebook.com/losgatosca
Code Compliance hours:
7:00 AM – 3:30 PM, Monday – Friday
CONFIDENTIALITY DISCLAIMER
This e-mail is intended only for the use of the individual(s) named in this e-mail. If you receive this e-mail
and are not a named recipient, any use, dissemination, distribution or copying of the e-mail is strictly
prohibited. If you have received this communication in error, please immediately notify us at the above
e-mail address.
-----Original Message-----
From: Lawrence Cesnik
Sent: Tuesday, October 25, 2022 9:02 PM
To: Allen Meyer <AMeyer@losgatosca.gov>
Cc: Eli
Subject: Regarding 380 Blackwell electronic gate permit request
EXTERNAL SENDER
Hello Allen, Roy
I’ve been in touch this evening with the team of our contractor- Just Right Home Remodeling (Eli our
lead contact & Ramin the architect ccd above)
They report that they did indeed submit the permit application and Ramin visited your office on July 14
to discuss it.
Based on our conversation today, I assume that the best next step is for them to re-submit- but am
cc’ing all so that you can discuss in writing or by phone
Thanks again
Larry Cesnik
mobile
From: Lawrence Cesnik
Sent: Friday, June 9, 2023 10:48 AM
To: Sean Mullin <SMullin@losgatosca.gov>
Subject: Fwd: Regarding 380 Blackwell electronic gate permit request- email #3
Larry Cesnik
mobile
Begin forwarded message:
From: Ramin Zohoor
Date: January 11, 2023 at 10:45:50 AM PST
To: Allen Meyer <AMeyer@losgatosca.gov>
Cc: Lawrence Cesnik , Eli Roy Alba
<ralba@losgatosca.gov>
Subject: Re: Regarding 380 Blackwell electronic gate permit request
Hi Allen, This was resubmitted back into the original email account with the plans that were requested
back in December.
We have sent those for an exception that was required by planning. Who should we send this ?
Information might not be getting to you. Do we send to you directly?
On Wed, Jan 11, 2023 at 10:42 AM Allen Meyer <AMeyer@losgatosca.gov> wrote:
Good morning Larry,
Where are you, or your contractors, in the process of resolving this issue? I sent the email below in
November and did not receive a response or online permit application.
Thank you,
Allen Meyer ● Code Compliance Officer
Community Development Department ● 110 E Main Street, Los Gatos CA 95030
Ph: 408.399.5746 ● ameyer@losgatosca.gov
www.losgatosca.gov ● https://www.facebook.com/losgatosca
TOWN CLOSURE NOTICE: Town offices will be closed Monday, January 16, 2023 in observance of the Martin
Luther King Jr. Holiday.. Town offices will re-open for regular business hours on Tuesday, January 17, 2023.
Regular Code Compliance hours:
7:00 AM – 3:30 PM, Monday – Friday
CONFIDENTIALITY DISCLAIMER
This e-mail is intended only for the use of the individual(s) named in this e-mail. If you receive this e-mail
and are not a named recipient, any use, dissemination, distribution or copying of the e-mail is strictly
prohibited. If you have received this communication in error, please immediately notify us at the above
e-mail address.
From: Allen Meyer
Sent: Wednesday, November 9, 2022 2:23 PM
To: Lawrence Cesnik
Cc: Ramin Zohoor ; Eli ; Roy Alba
<ralba@losgatosca.gov>
Subject: RE: Regarding 380 Blackwell electronic gate permit request
Good afternoon Larry,
In order to move forward with your vehicular gate project, please submit a Planning application at:
https://www.losgatosca.gov/897/Planning. In this application you will submit a letter stating the reasons
for the fence height/gate location exemption request. Please apply by November 27, 2022 to avoid any
additional citations.
The citation appeal is a completely separate item from your exemption request.
Please let us know if you should have any questions.
Best,
Allen Meyer ● Code Compliance Officer
Community Development Department ● 110 E Main Street, Los Gatos CA 95030
Ph: 408.399.5746 ● ameyer@losgatosca.gov
www.losgatosca.gov ● https://www.facebook.com/losgatosca
Code Compliance hours:
7:00 AM – 3:30 PM, Monday – Friday
CONFIDENTIALITY DISCLAIMER
This e-mail is intended only for the use of the individual(s) named in this e-mail. If you receive this e-mail
and are not a named recipient, any use, dissemination, distribution or copying of the e-mail is strictly
prohibited. If you have received this communication in error, please immediately notify us at the above
e-mail address.
From: Lawrence Cesnik <>
Sent: Tuesday, November 8, 2022 5:17 PM
To: Allen Meyer <AMeyer@losgatosca.gov>
Cc: Ramin Zohoor ; Eli ; Roy Alba
<ralba@losgatosca.gov>
Subject: Re: Regarding 380 Blackwell electronic gate permit request
Hi Allen
I wanted to weigh in here as the property owner and have been in contact with our remodeling firm(
Eli, Ramin)
If we need to file for an exception- we certainly will.
We will use points d &/ or e below - special security concern/ circumstance. As I explained in my original
appeal, we have a special needs son whose safety is at risk if that height of gate is not in place.
Please advise if it will be sufficient for me to re-send you the appeal paperwork that you had returned-
or should Done Right Home Remodeling file the official request for exception on your online portal?
Please advise, thank you!
Larry Cesnik
mobile
On Oct 31, 2022, at 2:19 PM, Allen Meyer <AMeyer@losgatosca.gov> wrote:
Ramin,
Thank you for the clarification. I do not know if an exception would be approved as I’m not involved in
that process. The Community Development Director is the person that approves/denies fence
exceptions, which can be appealed to the Planning Commission. The two issues that I see with the
vehicular gate is the height and distance from the property line. This is what you would be asking for an
exception for.
Town Code Section 29.40.0315. - Height, materials and design, and location.
1. Height.
(3) Fences, walls, gates, and hedges may not exceed three (3) feet in height when
located within a required front or side yard abutting a street (as required by the zone),
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.
(c) Location.
(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 (1) house.
Town Code Section 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:
1. 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.
2. 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.
3. 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.
4. A special security concern exists that cannot be practically addressed through
alternatives.
5. A special circumstance exists, including lot size or configuration, where strict
enforcement of these regulations would result in undue hardship.
Please let me know if you intend to apply for an exception, or remove the vehicular gate.
Thank you,
Allen
From: Ramin Zohoor
Sent: Monday, October 31, 2022 10:34 AM
To: Allen Meyer <AMeyer@losgatosca.gov>
Cc: Lawrence Cesnik Eli ; Roy Alba
<ralba@losgatosca.gov>
Subject: Re: Regarding 380 Blackwell electronic gate permit request
Hi Allen.,
That is exactly what was discussed and brought to the planning department about the vehicle gates not
the existing fences.
The discussion was for exception application of the vehicle gate which the planner Savannah Van Akin
said the location., heights and what we are applying for does not get approved. She mentioned per what
the neighborhood is and location of the fence its unlikely that we pay for full exception application and
get it approved.
Question I am hoping to get an answer is if you think it would be a different situation where clients will
be getting this approved as you see it location. ?
On Mon, Oct 31, 2022 at 10:30 AM Allen Meyer <AMeyer@losgatosca.gov> wrote:
Good morning Ramin,
The citation that was issued on September 13, 2022 had nothing to do with the existing white picket
fence, the citation is only about the vehicle gate which was installed without a permit. Please submit a
permit application online for the unpermitted vehicular gate.
Thank you,
Allen Meyer ● Code Compliance Officer
Community Development Department ● 110 E Main Street, Los Gatos CA 95030
Ph: 408.399.5746 ● ameyer@losgatosca.gov
www.losgatosca.gov ● https://www.facebook.com/losgatosca
Code Compliance hours:
7:00 AM – 3:30 PM, Monday – Friday
CONFIDENTIALITY DISCLAIMER
This e-mail is intended only for the use of the individual(s) named in this e-mail. If you receive this e-mail
and are not a named recipient, any use, dissemination, distribution or copying of the e-mail is strictly
prohibited. If you have received this communication in error, please immediately notify us at the above
e-mail address.
From: Ramin Zohoor
Sent: Friday, October 28, 2022 5:59 PM
To: Allen Meyer <AMeyer@losgatosca.gov>
Cc: Lawrence Cesnik Eli <
Subject: Re: Regarding 380 Blackwell electronic gate permit request
Hello Allen.,
Hope you are doing well.
I was in the city on July 14th and I spoke with Savannah Van Akin in person. Situation was _ The exterior
fence which I hope you had a chance to see the location & heights were installed before final inspection.
I have reached out to the city for revision and the outcome was we would need to go through an
exception. That being said, I stopped by at the city to further discuss the options we would have with
the non conforming fence and from what Savannah has mentioned was that the fence is over the
allowed height , too close to the property line / street & it is in the corner lot which will limit the
visibility and the exception won't most likely be approved. She has suggested for us to work on getting
the fence adjusted and pushed back. WHich brings me to the point why there is no exception / revision
number as this discussion was done in person and as you can see in detail.
My question is _ If you have seen the fence location, height that is being proposed do you agree the
exception will be approved regardless of the location & corner lot ? We just went based on what the
planner told us and we are hoping you could let us know differently so this can stay and ofcourse we will
submit any further revisions required.
Thank you.
On Wed, Oct 26, 2022 at 11:46 AM Allen Meyer <AMeyer@losgatosca.gov> wrote:
Good morning Larry Ramin, and Eli,
What was the permit number for the vehicular gate that was submitted by Just Right Home
Remodeling?
The next best step would be to submit a permit application for the vehicular gate.
Respectfully yours,
Allen Meyer ● Code Compliance Officer
Community Development Department ● 110 E Main Street, Los Gatos CA 95030
Ph: 408.399.5746 ● ameyer@losgatosca.gov
www.losgatosca.gov ● https://www.facebook.com/losgatosca
Code Compliance hours:
7:00 AM – 3:30 PM, Monday – Friday
CONFIDENTIALITY DISCLAIMER
This e-mail is intended only for the use of the individual(s) named in this e-mail. If you receive this e-mail
and are not a named recipient, any use, dissemination, distribution or copying of the e-mail is strictly
prohibited. If you have received this communication in error, please immediately notify us at the above
e-mail address.
-----Original Message-----
From: Lawrence Cesnik
Sent: Tuesday, October 25, 2022 9:02 PM
To: Allen Meyer <AMeyer@losgatosca.gov>
Cc: Eli >;
Subject: Regarding 380 Blackwell electronic gate permit request
EXTERNAL SENDER
Hello Allen, Roy
I’ve been in touch this evening with the team of our contractor- Just Right Home Remodeling (Eli our
lead contact & Ramin the architect ccd above)
They report that they did indeed submit the permit application and Ramin visited your office on July 14
to discuss it.
Based on our conversation today, I assume that the best next step is for them to re-submit- but am
cc’ing all so that you can discuss in writing or by phone
Thanks again
Larry Cesnik
mobile
From: Lawrence Cesnik
Sent: Friday, June 9, 2023 10:48 AM
To: Sean Mullin <SMullin@losgatosca.gov>
Subject: Fwd: Regarding 380 Blackwell electronic gate permit request- email #4
Larry Cesnik
mobile
Begin forwarded message:
From: Ramin Zohoor <z >
Date: January 17, 2023 at 9:50:58 AM PST
To: Allen Meyer <AMeyer@losgatosca.gov>
Cc: Lawrence Cesnik <Eli , Roy Alba
<ralba@losgatosca.gov>
Subject: Re: Regarding 380 Blackwell electronic gate permit request
Hello Allen,
Hope you are doing well. This should be in under PRE23-00053.
Let me know if anything else please needed.
On Wed, Jan 11, 2023 at 11:01 AM Allen Meyer <AMeyer@losgatosca.gov> wrote:
Ramin,
That was finaled last May. Not sure if you can reopen that permit.
You should probably open a new permit as stated in my November 9, 2022 email: In order to move
forward with your vehicular gate project, please submit a Planning application at:
https://www.losgatosca.gov/897/Planning. In this application you will submit a letter stating the reasons
for the fence height/gate location exemption request.
Thank you,
Allen
From: Ramin Zohoor <>
Sent: Wednesday, January 11, 2023 10:55 AM
To: Allen Meyer <AMeyer@losgatosca.gov>
Cc: Lawrence Cesnik <l >; Eli >; Roy Alba
<ralba@losgatosca.gov>
Subject: Re: Regarding 380 Blackwell electronic gate permit request
Under B21-1000
Did you want me to resubmit ? Same drawings set with the fencing line shown.
On Wed, Jan 11, 2023 at 10:51 AM Allen Meyer <AMeyer@losgatosca.gov> wrote:
Ramin,
What permit number did you resubmit to, I don’t see it?
Allen
From: Ramin Zohoor >
Sent: Wednesday, January 11, 2023 10:46 AM
To: Allen Meyer <AMeyer@losgatosca.gov>
Cc: Lawrence Cesnik >; Eli <>; Roy Alba
<ralba@losgatosca.gov>
Subject: Re: Regarding 380 Blackwell electronic gate permit request
Hi Allen, This was resubmitted back into the original email account with the plans that were requested
back in December.
We have sent those for an exception that was required by planning. Who should we send this ?
Information might not be getting to you. Do we send to you directly?
On Wed, Jan 11, 2023 at 10:42 AM Allen Meyer <AMeyer@losgatosca.gov> wrote:
Good morning Larry,
Where are you, or your contractors, in the process of resolving this issue? I sent the email below in
November and did not receive a response or online permit application.
Thank you,
Allen Meyer ● Code Compliance Officer
Community Development Department ● 110 E Main Street, Los Gatos CA 95030
Ph: 408.399.5746 ● ameyer@losgatosca.gov
www.losgatosca.gov ● https://www.facebook.com/losgatosca
TOWN CLOSURE NOTICE: Town offices will be closed Monday, January 16, 2023 in observance of the Martin
Luther King Jr. Holiday.. Town offices will re-open for regular business hours on Tuesday, January 17, 2023.
Regular Code Compliance hours:
7:00 AM – 3:30 PM, Monday – Friday
CONFIDENTIALITY DISCLAIMER
This e-mail is intended only for the use of the individual(s) named in this e-mail. If you receive this e-mail
and are not a named recipient, any use, dissemination, distribution or copying of the e-mail is strictly
prohibited. If you have received this communication in error, please immediately notify us at the above
e-mail address.
From: Allen Meyer
Sent: Wednesday, November 9, 2022 2:23 PM
To: Lawrence Cesnik <l >
Cc: Ramin Zohoor <; Eli >; Roy Alba
<ralba@losgatosca.gov>
Subject: RE: Regarding 380 Blackwell electronic gate permit request
Good afternoon Larry,
In order to move forward with your vehicular gate project, please submit a Planning application at:
https://www.losgatosca.gov/897/Planning. In this application you will submit a letter stating the reasons
for the fence height/gate location exemption request. Please apply by November 27, 2022 to avoid any
additional citations.
The citation appeal is a completely separate item from your exemption request.
Please let us know if you should have any questions.
Best,
Allen Meyer ● Code Compliance Officer
Community Development Department ● 110 E Main Street, Los Gatos CA 95030
Ph: 408.399.5746 ● ameyer@losgatosca.gov
www.losgatosca.gov ● https://www.facebook.com/losgatosca
Code Compliance hours:
7:00 AM – 3:30 PM, Monday – Friday
CONFIDENTIALITY DISCLAIMER
This e-mail is intended only for the use of the individual(s) named in this e-mail. If you receive this e-mail
and are not a named recipient, any use, dissemination, distribution or copying of the e-mail is strictly
prohibited. If you have received this communication in error, please immediately notify us at the above
e-mail address.
From: Lawrence Cesnik <
Sent: Tuesday, November 8, 2022 5:17 PM
To: Allen Meyer <AMeyer@losgatosca.gov>
Cc: Ramin Zohoor <z ; Eli <>; Roy Alba
<ralba@losgatosca.gov>
Subject: Re: Regarding 380 Blackwell electronic gate permit request
Hi Allen
I wanted to weigh in here as the property owner and have been in contact with our remodeling firm( Eli,
Ramin)
If we need to file for an exception- we certainly will.
We will use points d &/ or e below - special security concern/ circumstance. As I explained in my original
appeal, we have a special needs son whose safety is at risk if that height of gate is not in place.
Please advise if it will be sufficient for me to re-send you the appeal paperwork that you had returned-
or should Done Right Home Remodeling file the official request for exception on your online portal?
Please advise, thank you!
Larry Cesnik
mobile
On Oct 31, 2022, at 2:19 PM, Allen Meyer <AMeyer@losgatosca.gov> wrote:
Ramin,
Thank you for the clarification. I do not know if an exception would be approved as I’m not involved in
that process. The Community Development Director is the person that approves/denies fence
exceptions, which can be appealed to the Planning Commission. The two issues that I see with the
vehicular gate is the height and distance from the property line. This is what you would be asking for an
exception for.
Town Code Section 29.40.0315. - Height, materials and design, and location.
1. Height.
(3) Fences, walls, gates, and hedges may not exceed three (3) feet in height when
located within a required front or side yard abutting a street (as required by the zone),
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.
(c) Location.
(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 (1) house.
Town Code Section 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:
1. 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.
2. 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.
3. 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.
4. A special security concern exists that cannot be practically addressed through
alternatives.
5. A special circumstance exists, including lot size or configuration, where strict
enforcement of these regulations would result in undue hardship.
Please let me know if you intend to apply for an exception, or remove the vehicular gate.
Thank you,
Allen
From: Ramin Zohoor <
Sent: Monday, October 31, 2022 10:34 AM
To: Allen Meyer <AMeyer@losgatosca.gov>
Cc: Lawrence Cesnik <l >; Eli >; Roy Alba
<ralba@losgatosca.gov>
Subject: Re: Regarding 380 Blackwell electronic gate permit request
Hi Allen.,
That is exactly what was discussed and brought to the planning department about the vehicle gates not
the existing fences.
The discussion was for exception application of the vehicle gate which the planner Savannah Van Akin
said the location., heights and what we are applying for does not get approved. She mentioned per what
the neighborhood is and location of the fence its unlikely that we pay for full exception application and
get it approved.
Question I am hoping to get an answer is if you think it would be a different situation where clients will
be getting this approved as you see it location. ?
On Mon, Oct 31, 2022 at 10:30 AM Allen Meyer <AMeyer@losgatosca.gov> wrote:
Good morning Ramin,
The citation that was issued on September 13, 2022 had nothing to do with the existing white picket
fence, the citation is only about the vehicle gate which was installed without a permit. Please submit a
permit application online for the unpermitted vehicular gate.
Thank you,
<image001.jpg>
Allen Meyer ● Code Compliance Officer
Community Development Department ● 110 E Main Street, Los Gatos CA 95030
Ph: 408.399.5746 ● ameyer@losgatosca.gov
www.losgatosca.gov ● https://www.facebook.com/losgatosca
Code Compliance hours:
7:00 AM – 3:30 PM, Monday – Friday
CONFIDENTIALITY DISCLAIMER
This e-mail is intended only for the use of the individual(s) named in this e-mail. If you receive this e-mail
and are not a named recipient, any use, dissemination, distribution or copying of the e-mail is strictly
prohibited. If you have received this communication in error, please immediately notify us at the above
e-mail address.
From: Ramin Zohoor <>
Sent: Friday, October 28, 2022 5:59 PM
To: Allen Meyer <AMeyer@losgatosca.gov>
Cc: Lawrence Cesnik <l >; Eli
Subject: Re: Regarding 380 Blackwell electronic gate permit request
Hello Allen.,
Hope you are doing well.
I was in the city on July 14th and I spoke with Savannah Van Akin in person. Situation was _ The exterior
fence which I hope you had a chance to see the location & heights were installed before final inspection.
I have reached out to the city for revision and the outcome was we would need to go through an
exception. That being said, I stopped by at the city to further discuss the options we would have with
the non conforming fence and from what Savannah has mentioned was that the fence is over the
allowed height , too close to the property line / street & it is in the corner lot which will limit the
visibility and the exception won't most likely be approved. She has suggested for us to work on getting
the fence adjusted and pushed back. WHich brings me to the point why there is no exception / revision
number as this discussion was done in person and as you can see in detail.
My question is _ If you have seen the fence location, height that is being proposed do you agree the
exception will be approved regardless of the location & corner lot ? We just went based on what the
planner told us and we are hoping you could let us know differently so this can stay and ofcourse we will
submit any further revisions required.
Thank you.
On Wed, Oct 26, 2022 at 11:46 AM Allen Meyer <AMeyer@losgatosca.gov> wrote:
Good morning Larry Ramin, and Eli,
What was the permit number for the vehicular gate that was submitted by Just Right Home
Remodeling?
The next best step would be to submit a permit application for the vehicular gate.
Respectfully yours,
Allen Meyer ● Code Compliance Officer
Community Development Department ● 110 E Main Street, Los Gatos CA 95030
Ph: 408.399.5746 ● ameyer@losgatosca.gov
www.losgatosca.gov ● https://www.facebook.com/losgatosca
Code Compliance hours:
7:00 AM – 3:30 PM, Monday – Friday
CONFIDENTIALITY DISCLAIMER
This e-mail is intended only for the use of the individual(s) named in this e-mail. If you receive this e-mail
and are not a named recipient, any use, dissemination, distribution or copying of the e-mail is strictly
prohibited. If you have received this communication in error, please immediately notify us at the above
e-mail address.
-----Original Message-----
From: Lawrence Cesnik <l
Sent: Tuesday, October 25, 2022 9:02 PM
To: Allen Meyer <AMeyer@losgatosca.gov>
Cc: Eli <;
Subject: Regarding 380 Blackwell electronic gate permit request
Hello Allen, Roy
I’ve been in touch this evening with the team of our contractor- Just Right Home Remodeling (Eli our
lead contact & Ramin the architect ccd above)
They report that they did indeed submit the permit application and Ramin visited your office on July 14
to discuss it.
Based on our conversation today, I assume that the best next step is for them to re-submit- but am
cc’ing all so that you can discuss in writing or by phone
Thanks again
Larry Cesnik
mobile
From: Lawrence Cesnik <l >
Sent: Friday, June 9, 2023 10:50 AM
To: Sean Mullin <SMullin@losgatosca.gov>
Subject: 380 Blackwell fence/gate exception- email #6
[EXTERNAL SENDER]
Larry Cesnik
mobile
A-00.01
COVER SHEET
REVISION TABLE:
DRAWN BY :
BLACKWELL DR.,
RESIDENCE
380 BLACKWELL DR.,
LOS GATOS, CA 95032
REMODELING FOR:
HB
OWNERSHIP:
BLACKWELL DR., RESIDENCE
LOS GATOS, CA
SCALE :
PROJECT ID :
DATE :
SHEET NUMBER:
D-1407-05
NOV 2022
RZ
DONE RIGHT HOME REMODEL
ADDITION and REMODELING FOR:
ABV.Above
A/C Air Conditioner
A.D.Access Door
ADD.Addition
A.F.F.Above Finished Floor
A.F.G.Above Finished Grade
B.L.Building Line
BLDG.Building
B.O.Bottom of
BTM.Bottom
CABT.Cabinet
C.D.Construction document
C.L.Center Line
CL.Closet
CLG.Ceiling
C.O.Clean Out
CONC.Concrete
D.S.Down spout
D/W Dishwasher
DBL.Double
DEMO.Demolition
DIA.Diameter
DR.Door
ELEV.Elevation
EXIST.Existing
EXT.Exterior
ABBREVIATIONS:SHEET TITLE:
ALL WORK DESCRIBED IN THE DRAWINGS SHALL BE VERIFIED FOR DIMENSION,
GRADE, EXTENT AND COMPATIBILITY TO THE EXISTING SITE. ANY
DISCREPANCIES AND UNEXPECTED CONDITIONS THAT AFFECT OR CHANGE
THE WORK DESCRIBED IN THE CONTRACT DOCUMENTS SHALL BE BROUGHT
TO THE DESIGNER ATTENTION IMMEDIATELY. DO NOT PROCEED WITH THE
WORK IN THE AREA OF DISCREPANCIES UNTIL ALL SUCH DISCREPANCIES ARE
RESOLVED. IF THE CONTRACTOR CHOOSES TO DO SO HE SHALL BE
PRECEDING AT HIS OWN RISK.
OMISSIONS FROM THE DRAWINGS AND SPECIFICATIONS OR THE MIS-
DESCRIPTION OF THE WORK WHICH IS MANIFESTLY NECESSARY TO CARRY
OUT THE INTENT OF THE DRAWINGS AND SPECIFICATIONS, OR WHICH IS
CUSTOMARILY REFORMED, SHALL NOT RELIEVE THE CONTRACTOR FROM
PERFORMING SUCH OMITTED OR MIS-DESCRIBED DETAILS OF THE WORK AS IF
FULLY AND COMPLETELY SET FORTH AND DESCRIBED IN THE DRAWINGS AND
SPECIFICATIONS.
SITE CONDITIONS: ALL CONTRACTORS AND SUB-CONTRACTORS SHALL VERIFY
DIMENSIONS AND CONDITIONS AT THE SITE PRIOR TO COMMENCEMENT OF
THEIR WORK. FAILURE TO DO SO SHALL NOT RELEASE THEM FROM THE
RESPONSIBILITY OF ESTIMATING THE WORK. IF ANY VARIATION, DISCREPANCY
OR OMISSION (BETWEEN THE INTENT OF THESE CONTRACT DOCUMENTS AND
THE EXISTING CONDITIONS ARE FOUND, THE CONTRACTOR OR SUB-
CONTRACTOR SHALL NOTIFY DESIGNER IN WRITING AND OBTAIN WRITTEN
RESOLUTION FROM DESIGNER PRIOR TO PROCEEDING WITH ANY RELATED
WORK.
A-00.01:COVER SHEET
BMP SHEET
A-01:ARCH. SITE PLAN
VICINITY MAP:
424-12-027
GARAGE CONVERSION
380 BLACKWELL DR.,
LOS GATOS, CA
R-1.8
R - 3
V - B
MAIN HOUSE: 1 / ADU : 1
NON SPRINKLERED
MAIN HOUSE: 3 / ADU: 1 (STUDIO)
MAIN HOUSE: 2 / ADU: 1
CALIFORNIA RESIDENTIAL
CALIFORNIA BUILDING
CALIFORNIA GREEN BUILDING
CALIFORNIA MECHANICAL
CALIFORNIA PLUMBING
CALIFORNIA ELECTRICAL
CALIFORNIA ENERGY:
CALIFORNIA FIRE:
ANY OTHER APPLICABLE LOCAL AND STATE LAWS
AND REGULATIONS.
A.
B.
C.
D.
E.
F.
G.
H.
ASSESSOR'S PARCEL NUMBER:
PROJECT TYPE:
PROJECT LOCATION:
ZONING:
OCCUPANCY GROUP:
CONSTRUCTION TYPE:
NUMBER OF FLOORS:
FIRE PROTECTION:
BEDROOM NUMBER:
BATHROOM NUMBER:
2019 EDITION
2019 EDITION
2019 EDITION
2019 EDITION
2019 EDITION
2019 EDITION
2019 EDITION
2019 EDITION
2019 EDITION
EXISTING CONDITION: (NO WORK)
"E" LIVING SPACE:1350 SQF (MAIN HOUSE)
"E" ATTACHED ADU:418 SQF (ATTACHED)
LOT AREA:7895 SQF PROPERTY LOCATION / NTSAREA CALCULATION:
PROJECT DATA:
DRAWING INDEX:
CODE EDITIONS:
FDN.Foundation
FLR.Floor
FURN.Furnace
G.C.General Contractor
G.F.C.I.Ground Fault Circuit Interrupt
GYP.Gypsum
H.B.Hose bib
HGT.Height
HR.Hour
H.R.Handrail
HTR.Heater
H.V.A.C.Heating, Venting and Air Conditioning
INSUL.Insulation
INT.Interior
LAM.Laminate
LAV.Lavatory
MAX.Maximum
MED.Medium
MIN.Minimum
MTL.Metal (steel)
MUL.Mullion
N.T.S.Not to scale
N.F.C.Not for construction
O.C.On center
O.H.Overhead
OPNG.Opening
GENERAL NOTES:
TREE INVENTORY:
PLT.Plate
P.L.Property line
PLYWD.Plywood
PWR.Power
R.O.Rough Opening
R.O.W.Right of way
REFG.Refrigerator
REF.Reference
REV.Revision
RMV.Remove
S.C.Self-Closing
SCHED.Schedule
S.D.Smoke detector
SECT.Section
SHT.Sheet
T.O.C.Top of curb
T.O.F.Top of footing
TH.Threshold
TYP.Typical
UNF.Unfinished
W.C.Toilet (water closet)
WCT.Wainscot
W.H.Water Heater
W.I.Wrought Iron
W.I.C.Walk In Closet
YD.Yard
PROJECT CONTACT:
SCOPE OF WORK:
-LEGALIZING INSTALLATION OF UN-PERMITTED AUTOMATED SAFETY GATE AT
THE FRONT OF THE PROPERTY.
-GATE AT HEIGHT OF 51 INCHES IN FRONT OF PROPERTY TO BE INSTALLED.
OWNER:CESNIK LARRY W AND JOHNSON MARTHA C
380BLACKWELL DR.,
LOS GATOS, CA 95032
TELL : ---
EMAIL: ---
DESIGNER:RAMIN ZOHOOR
DONE RIGHT HOME REMODELING
1825 DE LA CRUZ BLVD, #206
SANTA CLARA, CA 95050
TEL: 408.497.5071
EMAIL: ZOHOOR.RAMIN@GMAIL.COM
LIC. 1002689
BUILDER:DONE RIGHT HOME REMODELING
1825 DE LA CRUZ BLVD, #203
SANTA CLARA, CA 95050
TEL: 800-816-0000
LIC. 1002689
EMAIL: Donerightremodeling1@gmail.com
BUILDER NOTES
1)TO BE VERIFIED A BACKWATER VALVE IS INSTALLED DUE TO PLUMBING WORK. TOWN
CODE SECTION 6.40.020 REQUIRED AN APPROVED BACKWATER VALVE ON DRAINAGE
PIPING SERVIN FIXTURES THAT HAVE FLOOD LEVEL RIMS LESS THAN 12-INCHES ABOVE
THE ELEVATION OF THE NEXT UPSTREAM MANHOLE. CPC 710.0
2)BUILDER MUST PROVIDE THE HOMEOWNER WITH A LUMINARIES SCHEDULE (AS
REQUIRED IN TITLE 24 CALIFORNIA CODE OF REGULATIONS, PART 1, 10-103(b)) THAT
INCLUDES A LIST OF LAMPS INSTALLED IN THE LUMINARIES.
EXISTING SITE PLAN (AREA OF WORK)
SC : 1/8" = 1'-0"
1
1/8 INCH = 1 FEET
0 2 4 6 8 10 20 30
GRAPHIC SCALE :
17'21'29'-10"13'-1"
43'-1"
15'-7"28'-5"SITE PLAN
1/8" = 1'
A-01
REVISION TABLE:
DRAWN BY :
BLACKWELL DR.,
RESIDENCE
380 BLACKWELL DR.,
LOS GATOS, CA 95032
REMODELING FOR:
HB
OWNERSHIP:
SCALE :
PROJECT ID :
DATE :
SHEET NUMBER:
D-1407-05
NOV 2022
RZ
DONE RIGHT HOME REMODEL
ADDITION and REMODELING FOR:
SHEET TITLE:
1. CONTACT PUBLIC WORKS, FOR DRAINAGE AND FINAL GRADE INSPECTION,
WHICH INCLUDES DRAIN LINES AND ROOF DRAINS/DOWN SPOUTS.
2. ALL PUBLIC IMPROVEMENTS MUST BE COMPLETED PRIOR TO OCCUPANCY.
3. CONTRACTOR IS RESPONSIBLE FOR DUST CONTROL AND INSURING THE AREA
ADJACENT TO THE WORK IS LEFT IN A CLEAN CONDITION.
4. THE CONTRACTOR SHALL REVIEW STD. DETAIL 6-4 ON TREE PROTECTION
PRIOR TO ACCOMPLISHING ANY WORK OR REMOVING ANY TREES.
5. UTILIZE BEST MANAGEMENT PRACTICES (BMP'S), AS REQUIRED BY THE STATE
WATER RESOURCES CONTROL BOARD, FOR ANY ACTIVITY, WHICH DISTURBS
SOIL.
6. ALL NEW ELECTRICAL SERVICE (POWER, PHONE, AND OR CABLE) SHALL BE
UNDER GROUND.
7. TO INITIATE RELEASE OF BONDS, CONTACT THE PUBLIC WORKS INSPECTOR
FOR FINAL INSPECTION.
8. ALL DOWNSPOUTS TO BE RELEASED TO THE GROUND SURFACE, DIRECTED
AWAY FROM BUILDING FOUNDATIONS AND DIRECTED TO LANDSCAPE AREAS.
9. PRIOR TO BEGINNING ANY WORK WITHIN THE PUBLIC RIGHT OF WAY, THE
CONTRACTOR WILL BE RESPONSIBLE FOR PULLING AN ENCROACHMENT PERMIT
FROM THE PUBLIC WORKS DEPARTMENT.
10. PROVIDE MIN. 5% GRADE SLOPE AWAY FROM FOUNDATION FOR A MIN.
DISTANCE OF 10 FEET MEASURE PERPENDICULAR TO THE FACE OF THE WALL.
WITH EXCEPTION:
a. IF BUILDING SITE DOES NOT ALLOW 10 FEET OF SLOPE, INDICATE THE
INSTALLATION OF DRAINS OR SWALES TO ENSURE DRAINAGE AWAY FROM THE
STRUCTURE.
b. IMPERVIOUS SURFACES WITHIN 10 FEET OF THE BUILDING FOUNDATION
SHALL BE SLOPED A MIN 2% AWAY FROM THE BUILDING.
11. (E) DRAINAGE SHALL REMAIN THROUGHOUT CONSTRUCTION.
GRADING and DEMO NOTES:
1. A PLOT PLAN SHALL BE PREPARED DESCRIBING THE RELATIONSHIP OF
PROPOSED GRADING AND UTILITY TRENCHING TO THE TREES DESIGNATED FOR
PRESERVATION. CONSTRUCTION AND GRADING SHOULD NOT SIGNIFICANTLY
RAISE OR LOWER THE GROUND LEVEL BENEATH TREE DRIP LINES. IF THE
GROUND LEVEL IS PROPOSED FOR MODIFICATION BENEATH THE DRIP LINE, THE
ARCHITECT/ARBORIST SHALL ADDRESS AND MITIGATE THE IMPACT TO THE
TREE(S).
2. ALL TREES TO BE PRESERVED ON THE PROPERTY AND ALL TREES ADJACENT
TO THE PROPERTY SHALL BE PROTECTED AGAINST DAMAGE DURING
CONSTRUCTION OPERATIONS BY CONSTRUCTING A FOUR-FOOT-HIGH FENCE
AROUND THE DRIP LINE, AND ARMOR AS NEEDED. THE EXTENT OF FENCING
AND ARMORING SHALL BE DETERMINED BY THE LANDSCAPE ARCHITECT. THE
TREE PROTECTION SHALL BE PLACED BEFORE ANY EXCAVATION OR GRADING
IS BEGUN AND SHALL BE MAINTAINED IN REPAIR FOR THE DURATION OF THE
CONSTRUCTION WORK.
3. NO CONSTRUCTION OPERATIONS SHALL BE CARRIED ON WITHIN THE DRIP
LINE AREA OF ANY TREE DESIGNATED TO BE SAVED EXCEPT AS IS AUTHORIZED
BY THE DIRECTOR OF COMMUNITY DEVELOPMENT.
4. IF THE TRENCHING IS REQUIRED TO PENETRATE THE PROTECTION BARRIER
FOR THE TREE, THE SECTION OF TRENCH IN THE DRIP LINE SHALL BE HAND DUG
SO AS TO PRECLUDE THE CUTTING OF ROOTS. PRIOR TO INITIATING ANY
TRENCHING WITHIN THE BARRIER APPROVAL BY STAFF WITH CONSULTATION OF
AN ARBORIST SHALL BE COMPLETED.
5. TREES WHICH REQUIRE ANY DEGREE OF FILL AROUND THE NATURAL GRADE
SHALL BE GUARDED BY RECOGNIZED STANDARDS OF TREE PROTECTION AND
DESIGN OF TREE WELLS.
6. THE AREA UNDER THE DRIP LINE OF THE TREE SHALL BE KEPT CLEAN. NO
CONSTRUCTION MATERIALS NOR CHEMICAL SOLVENTS SHALL BE STORED OR
DUMPED UNDER A TREE.
7. FIRES FOR ANY REASON SHALL NOT BE MADE WITHIN FIFTY FEET OF ANY
TREE SELECTED TO REMAIN AND SHALL BE LIMITED IN SIZE AND KEPT UNDER
CONSTANT SURVEILLANCE.
8. THE GENERAL CONTRACTOR SHALL USE A TREE SERVICE LICENSEE, AS
DEFINED BY CALIFORNIA BUSINESS AND PROFESSIONAL CODE, TO PRUNE AND
CUT OFF THE BRANCHES THAT MUST BE REMOVED DURING THE LANDSCAPE
ARCHITECT/ARBORIST WITH APPROVAL OF STAFF.
9. ANY DAMAGE TO EXISTING TREE CROWNS OR ROOT SYSTEMS SHALL BE
REPAIRED IMMEDIATELY BY AN APPROVED TREE SURGEON.
10. NO STORAGE OF CONSTRUCTION MATERIALS OR PARKING SHALL BE
PERMITTED WITHIN THE DRIP LINE AREA OF ANY TREE DESIGNATED TO BE
SAVED.
11. TREE PROTECTION REGULATIONS SHALL BE POSTED ON PROTECTIVE
FENCING AROUND TREES TO BE PROTECTED.
TREE PROTECTION NOTES:
PROPERTY LINE
BLDG FOOT PRINT
LEGEND:
PROPOSED SITE PLAN
SCALE 1/8" = 1'
EXISTING SITE PLAN
SCALE 1/8" = 1'(E) WATER HEATER(E) FURNACE45.97 FEET45.97 FEET
(N) CONVERTED ADU HEAT PUMP
COMPRESSOR
(N) CONVERTED ADU WATER HEATER
GAS UNIT
EXISTING 4" SEWER LINE - NO CHANGEEXISTING WATER METER BOXMAIN HOUSE FOOTPRINT
NO CHANGE
45.98 FEET
45.98 FEET 125.37 FEET125.37 FEET(E) DRIVEWAY NO CHANGE(E) EXTERIOR WALL STUCCO
1 HOUR RATED -
ZERO EAVE LINE
SIDE AND BACK
EXISTING MAIN HOUSE
ELECTRICAL PANEL AT 200 AMP
NO CHANGE
(E) HOUSE MAIN GAS METER
NO CHANGE
NO GABLE END VENT OPENING ON THIS
SIDE OF THE ROOF ALLOWED
NO UNDER EAVE VENTS ON THIS SIDE
OF THE ROOF ALLOWED
45.00 FEET
45.00 FEET125.39 FEET125.39 FEETEXISTING MAIN HOUSE
ELECTRICAL PANEL AT 200 AMP
TO BE VERIFIED
EXISTING MAIN HOUSE
GAS METER - NO CHANGE
ZERO EAVE LINE
SIDE
(N) CONVERTED ADU WATER HEATER
GAS UNIT
(N) CONVERTED ADU HEAT PUMP
COMPRESSOR
(E) EXTERIOR WALL STUCCO
1 HOUR RATED -
MAIN HOUSE FOOTPRINT
NO CHANGE (E) DRIVEWAY NO CHANGEEXISTING 4" SEWER LINE - NO CHANGEEXISTING WATER METER BOXEXISTING STREET TREE
NO WORK TO BE DONE
EXISTING STREET TREE
NO WORK TO BE DONE
EXISTING SITE TREE
NO WORK TO BE DONE
STUCCO FINISH
ROOF SHINGLES
PER NOTES
GYP. BOARD TO BE
CONT. TO THE UNDERSIDE
OF THE ROOF SHEATHING.
NEW HOUSE NUMBER FOR ADU ON THE PRIMARY DWELLING UNIT: APPROVED
ADDRESS NUMBER SHALL BE LEGIBLE AND PLACED IN A POSITION THAT IS VISIBLE
FROM THE STREET OR ROAD FRONTING THE PROPERTY. THE CONTRASTING ADDRESS
NUMBERS SHALL BE ARABIC NUMBERS OR ALPHABETICAL LETTERS. EACH
CHARACTERS SHALL BE NOT LESS THAN 4 INCHES IN HEIGHT WITH A STROKE WIDTH
OF NOT LESS THAN 0.5 INCH. (CRC 319.1)
NEW ADU HOUSE NUMBER NOTES:
80.09 FEET
100 FEET60.02 FEET 80.02 FEET(E) FIRE HYDRANT
NO WORK AROUND THIS
(E) STREET TREE
NO WORK
(E) SITE TREE
NO WORK
(E) SITE TREE
NO WORK (E) 3/4" WATER LINE NO WORKMAIN HOUSE FOOTPRINT
NO CHANGE
(E) DRIVEWAY NO CHANGEEXISTING MAIN HOUSE AT 200 AMP - NO WORKEXISTING MAIN HOUSE
GAS METER LOCATION
NO WORK
EXISTING REAR SHED
LESS THAT 120 SQ.FT
NO WORK TO BE DONE
NORTH
(E) SITE TREE
NO WORK
(E) SITE TREE
NO WORK
EXISTING 6 FT WOOD FENCE
EXISTING 4 FT MASONARY & WOOD
FENCE - NO WORK
PROPOSED ROLL METAL GATE
FOR SAFETY
20'-4 1/4"
From: Lawrence Cesnik
Sent: Friday, June 9, 2023 10:50 AM
To: Sean Mullin <SMullin@losgatosca.gov>
Subject: 380 Blackwell fence/gate exception- email #6
[EXTERNAL SENDER]
Larry Cesnik
mobile
N:\DEV\FORMS\Planning\2022-23 Forms\Appeals - Done\Appeal - Director.docx
06/15/2022
TOWN OF LOS GATOS
COMMUNITY DEVELOPMENT DEPARTMENT
110 E. Main Street
Los Gatos, CA 95030
APPEAL OF THE DECISION OF
DIRECTOR OF COMMUNITY DEVELOPMENT
PLEASE TYPE or PRINT NEATLY
I, the undersigned, do hereby appeal a decision of the DIRECTOR OF COMMUNITY DEVELOPMENT as follows:
DATE OF DECISION: ___________________________________
PROJECT/APPLICATION: ___________________________________
LOCATION: ___________________________________
Pursuant to the Town Code, any interested person as defined in Section 29.10.020 may appeal to the Planning
Commission any decision of the Director.
Interested person means:
1. Residential projects. Any person or persons or entity or entities who own property or reside within
1,000 feet of a property for which a decision has been rendered, and can demonstrate that their property
will be injured by the decision.
2. Non-residential and mixed-use projects. Any person or persons or entity or entities who can
demonstrate that their property will be injured by the decision.
LIST REASONS WHY THE APPEAL SHOULD BE GRANTED:
IMPORTANT:
1. Appeal must be filed not more than ten (10) days after the decision is rendered by the Director of Community
Development. If the tenth (10th) day is a Saturday, Sunday, or Town holiday, then the appeal may be filed on
the workday immediately following the tenth (10th) day. Appeals are due by 4:00 P.M.
2. The appeal shall be set for the first regular meeting of the Planning Commission which the business of the
Planning Commission will permit, more than five (5) days after the date of the filing of the appeal. The
Planning Commission may hear the matter anew and render a new decision in the matter.
3. You will be notified, in writing, of the appeal date.
4. Contact the project planner to determine what material is required to be submitted for the public hearing.
RETURN APPEAL FORM TO COMMUNITY DEVELOPMENT DEPARTMENT
PRINT NAME: ______________________________ SIGNATURE: ____________________________________
DATE: ____________________________________ ADDRESS: ______________________________________
PHONE: EMAIL: ______________________
******************************************************************************
OFFICE USE ONLY
DATE OF PLANNING COMMISSION HEARING: ________________________________
COMMISSION ACTION: 1. DATE:
2. DATE:
3. DATE:
PLAPPEAL $ 234.00 Residential
PLAPPEAL $ 934.00 Commercial
PLAPPEAL $ 95.00 Tree Appeals
From: Lawrence Cesnik <>
Sent: Friday, June 9, 2023 10:59 AM
To: Sean Mullin <SMullin@losgatosca.gov>
Subject: 380 Blackwell gate exception - email #8
TOWN OF LOS GATOS
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
(408) 354-6872 Fax (408) 354-7593
March 6, 2023
Larry Cesnik
{Sent via Email}
RE: AMENDED ACTION LETTER
380 Blackwell Drive
Fence Height Exception (FHE-23-002)
Requesting approval for an exception to an existing 4.25-foot-tall automated vehicular
gate within the required front yard setback on property zoned R-1:8. APN 424-12-027.
PROPERTY OWNERS: Larry Cesnik and Martha Johnson
APPLICANT: Ramin Zohoor
The Los Gatos Community Development Department and Public Works Department have
reviewed the referenced application for a fence height exception pursuant to Town Code
Section 29.40.0320. Based upon review by the Parks and Public Works Department, staff is
unable to approve the application due to the unsafe conditions caused by a vehicular gate
lacking the 18-foot setback required by Town Code Section 29.40.0315(c)(3), and its proximity
to the intersection adjacent to the property. Sufficient justification for conditions listed in
Section 29.40.0320 was not provided.
Based on the foregoing, the Los Gatos Community Development Department has denied the
request on February 27, 2023.
PLEASE NOTE: Pursuant to Section 29.20.255 of the Town Code, this decision may be appealed
by any interested party to the Planning Commission within 10 days of the denial date. Appeals,
with the completed Appeal Form and appeal fee payment, must be submitted in person to the
Town Clerk’s office within 10 days from the date of denial, or by 4:00 p.m. on March 9, 2023.
If you have any questions concerning this decision, please contact me at (408) 354-6873 or via
email at PBeeuwsaert@LosGatosCA.gov.
Sincerely,
Peggy Beeuwsaert
Assistant Planner
CIVIC CENTER
110 E. MAIN STREET
LOS GATOS, CA 95030
From: Lawrence Cesnik <l >
Sent: Friday, June 9, 2023 11:01 AM
To: Sean Mullin <SMullin@losgatosca.gov>
Subject: 380 Blackwell Dr follow up - June 14 hearing
[EXTERNAL SENDER]
Hello Sean
You should have received 8 emails with various communications & documents on this case
I will very likely email you 1 or 2 more next week to be included in the addendum
Thank you
Larry Cesnik
1 mobile
A-00.01
COVER SHEET
REVISION TABLE:
DRAWN BY :
BLACKWELL DR.,
RESIDENCE
380 BLACKWELL DR.,
LOS GATOS, CA 95032
REMODELING FOR:
HB
OWNERSHIP:
BLACKWELL DR., RESIDENCE
LOS GATOS, CA
SCALE :
PROJECT ID :
DATE :
SHEET NUMBER:
D-1407-05
NOV 2022
RZ
DONE RIGHT HOME REMODEL
ADDITION and REMODELING FOR:
ABV. Above
A/C Air Conditioner
A.D. Access Door
ADD. Addition
A.F.F. Above Finished Floor
A.F.G. Above Finished Grade
B.L. Building Line
BLDG. Building
B.O. Bottom of
BTM. Bottom
CABT. Cabinet
C.D. Construction document
C.L. Center Line
CL. Closet
CLG. Ceiling
C.O. Clean Out
CONC. Concrete
D.S. Down spout
D/W Dishwasher
DBL. Double
DEMO. Demolition
DIA. Diameter
DR. Door
ELEV. Elevation
EXIST. Existing
EXT. Exterior
ABBREVIATIONS:SHEET TITLE:
ALL WORK DESCRIBED IN THE DRAWINGS SHALL BE VERIFIED FOR DIMENSION,
GRADE, EXTENT AND COMPATIBILITY TO THE EXISTING SITE. ANY
DISCREPANCIES AND UNEXPECTED CONDITIONS THAT AFFECT OR CHANGE
THE WORK DESCRIBED IN THE CONTRACT DOCUMENTS SHALL BE BROUGHT
TO THE DESIGNER ATTENTION IMMEDIATELY. DO NOT PROCEED WITH THE
WORK IN THE AREA OF DISCREPANCIES UNTIL ALL SUCH DISCREPANCIES ARE
RESOLVED. IF THE CONTRACTOR CHOOSES TO DO SO HE SHALL BE
PRECEDING AT HIS OWN RISK.
OMISSIONS FROM THE DRAWINGS AND SPECIFICATIONS OR THE MIS-
DESCRIPTION OF THE WORK WHICH IS MANIFESTLY NECESSARY TO CARRY
OUT THE INTENT OF THE DRAWINGS AND SPECIFICATIONS, OR WHICH IS
CUSTOMARILY REFORMED, SHALL NOT RELIEVE THE CONTRACTOR FROM
PERFORMING SUCH OMITTED OR MIS-DESCRIBED DETAILS OF THE WORK AS IF
FULLY AND COMPLETELY SET FORTH AND DESCRIBED IN THE DRAWINGS AND
SPECIFICATIONS.
SITE CONDITIONS: ALL CONTRACTORS AND SUB-CONTRACTORS SHALL VERIFY
DIMENSIONS AND CONDITIONS AT THE SITE PRIOR TO COMMENCEMENT OF
THEIR WORK. FAILURE TO DO SO SHALL NOT RELEASE THEM FROM THE
RESPONSIBILITY OF ESTIMATING THE WORK. IF ANY VARIATION, DISCREPANCY
OR OMISSION (BETWEEN THE INTENT OF THESE CONTRACT DOCUMENTS AND
THE EXISTING CONDITIONS ARE FOUND, THE CONTRACTOR OR SUB-
CONTRACTOR SHALL NOTIFY DESIGNER IN WRITING AND OBTAIN WRITTEN
RESOLUTION FROM DESIGNER PRIOR TO PROCEEDING WITH ANY RELATED
WORK.
A-00.01: COVER SHEET
BMP SHEET
A-01: ARCH. SITE PLAN
VICINITY MAP:
424-12-027
GARAGE CONVERSION
380 BLACKWELL DR.,
LOS GATOS, CA
R-1.8
R - 3
V - B
MAIN HOUSE: 1 / ADU : 1
NON SPRINKLERED
MAIN HOUSE: 3 / ADU: 1 (STUDIO)
MAIN HOUSE: 2 / ADU: 1
CALIFORNIA RESIDENTIAL
CALIFORNIA BUILDING
CALIFORNIA GREEN BUILDING
CALIFORNIA MECHANICAL
CALIFORNIA PLUMBING
CALIFORNIA ELECTRICAL
CALIFORNIA ENERGY:
CALIFORNIA FIRE:
ANY OTHER APPLICABLE LOCAL AND STATE LAWS
AND REGULATIONS.
A.
B.
C.
D.
E.
F.
G.
H.
ASSESSOR'S PARCEL NUMBER:
PROJECT TYPE:
PROJECT LOCATION:
ZONING:
OCCUPANCY GROUP:
CONSTRUCTION TYPE:
NUMBER OF FLOORS:
FIRE PROTECTION:
BEDROOM NUMBER:
BATHROOM NUMBER:
2019 EDITION
2019 EDITION
2019 EDITION
2019 EDITION
2019 EDITION
2019 EDITION
2019 EDITION
2019 EDITION
2019 EDITION
EXISTING CONDITION: (NO WORK)
"E" LIVING SPACE:1350 SQF (MAIN HOUSE)
"E" ATTACHED ADU:418 SQF (ATTACHED)
LOT AREA:7895 SQF PROPERTY LOCATION / NTSAREA CALCULATION:
PROJECT DATA:
DRAWING INDEX:
CODE EDITIONS:
FDN. Foundation
FLR. Floor
FURN. Furnace
G.C. General Contractor
G.F.C.I. Ground Fault Circuit Interrupt
GYP. Gypsum
H.B. Hose bib
HGT. Height
HR. Hour
H.R. Handrail
HTR. Heater
H.V.A.C. Heating, Venting and Air Conditioning
INSUL. Insulation
INT. Interior
LAM. Laminate
LAV. Lavatory
MAX. Maximum
MED. Medium
MIN. Minimum
MTL. Metal (steel)
MUL. Mullion
N.T.S. Not to scale
N.F.C. Not for construction
O.C. On center
O.H. Overhead
OPNG. Opening
GENERAL NOTES:
TREE INVENTORY:
PLT. Plate
P.L. Property line
PLYWD. Plywood
PWR. Power
R.O. Rough Opening
R.O.W. Right of way
REFG. Refrigerator
REF. Reference
REV. Revision
RMV. Remove
S.C. Self-Closing
SCHED. Schedule
S.D. Smoke detector
SECT. Section
SHT. Sheet
T.O.C. Top of curb
T.O.F. Top of footing
TH. Threshold
TYP. Typical
UNF. Unfinished
W.C. Toilet (water closet)
WCT. Wainscot
W.H. Water Heater
W.I. Wrought Iron
W.I.C. Walk In Closet
YD. Yard
PROJECT CONTACT:
SCOPE OF WORK:
- LEGALIZING INSTALLATION OF UN-PERMITTED AUTOMATED SAFETY GATE AT
THE FRONT OF THE PROPERTY.
- GATE AT HEIGHT OF 51 INCHES IN FRONT OF PROPERTY TO BE INSTALLED.
OWNER:CESNIK LARRY W AND JOHNSON MARTHA C
380BLACKWELL DR.,
LOS GATOS, CA 95032
TELL : ---
EMAIL: ---
DESIGNER:RAMIN ZOHOOR
DONE RIGHT HOME REMODELING
1825 DE LA CRUZ BLVD, #206
SANTA CLARA, CA 95050
TEL: 408.497.5071
EMAIL: ZOHOOR.RAMIN@GMAIL.COM
LIC. 1002689
BUILDER:DONE RIGHT HOME REMODELING
1825 DE LA CRUZ BLVD, #203
SANTA CLARA, CA 95050
TEL: 800-816-0000
LIC. 1002689
EMAIL: Donerightremodeling1@gmail.com
BUILDER NOTES
1) TO BE VERIFIED A BACKWATER VALVE IS INSTALLED DUE TO PLUMBING WORK. TOWN
CODE SECTION 6.40.020 REQUIRED AN APPROVED BACKWATER VALVE ON DRAINAGE
PIPING SERVIN FIXTURES THAT HAVE FLOOD LEVEL RIMS LESS THAN 12-INCHES ABOVE
THE ELEVATION OF THE NEXT UPSTREAM MANHOLE. CPC 710.0
2) BUILDER MUST PROVIDE THE HOMEOWNER WITH A LUMINARIES SCHEDULE (AS
REQUIRED IN TITLE 24 CALIFORNIA CODE OF REGULATIONS, PART 1, 10-103(b)) THAT
INCLUDES A LIST OF LAMPS INSTALLED IN THE LUMINARIES.
EXHIBIT 10
EXISTING SITE PLAN (AREA OF WORK)
SC : 1/8" = 1'-0"
1
1/8 INCH = 1 FEET
0 2 4 6 8 10 20 30
GRAPHIC SCALE :
17'21'29'-10"13'-1"
43'-1"
15'-7"28'-5"SITE PLAN
1/8" = 1'
A-01
REVISION TABLE:
DRAWN BY :
BLACKWELL DR.,
RESIDENCE
380 BLACKWELL DR.,
LOS GATOS, CA 95032
REMODELING FOR:
HB
OWNERSHIP:
SCALE :
PROJECT ID :
DATE :
SHEET NUMBER:
D-1407-05
NOV 2022
RZ
DONE RIGHT HOME REMODEL
ADDITION and REMODELING FOR:
SHEET TITLE:
1. CONTACT PUBLIC WORKS, FOR DRAINAGE AND FINAL GRADE INSPECTION,
WHICH INCLUDES DRAIN LINES AND ROOF DRAINS/DOWN SPOUTS.
2. ALL PUBLIC IMPROVEMENTS MUST BE COMPLETED PRIOR TO OCCUPANCY.
3. CONTRACTOR IS RESPONSIBLE FOR DUST CONTROL AND INSURING THE AREA
ADJACENT TO THE WORK IS LEFT IN A CLEAN CONDITION.
4. THE CONTRACTOR SHALL REVIEW STD. DETAIL 6-4 ON TREE PROTECTION
PRIOR TO ACCOMPLISHING ANY WORK OR REMOVING ANY TREES.
5. UTILIZE BEST MANAGEMENT PRACTICES (BMP'S), AS REQUIRED BY THE STATE
WATER RESOURCES CONTROL BOARD, FOR ANY ACTIVITY, WHICH DISTURBS
SOIL.
6. ALL NEW ELECTRICAL SERVICE (POWER, PHONE, AND OR CABLE) SHALL BE
UNDER GROUND.
7. TO INITIATE RELEASE OF BONDS, CONTACT THE PUBLIC WORKS INSPECTOR
FOR FINAL INSPECTION.
8. ALL DOWNSPOUTS TO BE RELEASED TO THE GROUND SURFACE, DIRECTED
AWAY FROM BUILDING FOUNDATIONS AND DIRECTED TO LANDSCAPE AREAS.
9. PRIOR TO BEGINNING ANY WORK WITHIN THE PUBLIC RIGHT OF WAY, THE
CONTRACTOR WILL BE RESPONSIBLE FOR PULLING AN ENCROACHMENT PERMIT
FROM THE PUBLIC WORKS DEPARTMENT.
10. PROVIDE MIN. 5% GRADE SLOPE AWAY FROM FOUNDATION FOR A MIN.
DISTANCE OF 10 FEET MEASURE PERPENDICULAR TO THE FACE OF THE WALL.
WITH EXCEPTION:
a. IF BUILDING SITE DOES NOT ALLOW 10 FEET OF SLOPE, INDICATE THE
INSTALLATION OF DRAINS OR SWALES TO ENSURE DRAINAGE AWAY FROM THE
STRUCTURE.
b. IMPERVIOUS SURFACES WITHIN 10 FEET OF THE BUILDING FOUNDATION
SHALL BE SLOPED A MIN 2% AWAY FROM THE BUILDING.
11. (E) DRAINAGE SHALL REMAIN THROUGHOUT CONSTRUCTION.
GRADING and DEMO NOTES:
1. A PLOT PLAN SHALL BE PREPARED DESCRIBING THE RELATIONSHIP OF
PROPOSED GRADING AND UTILITY TRENCHING TO THE TREES DESIGNATED FOR
PRESERVATION. CONSTRUCTION AND GRADING SHOULD NOT SIGNIFICANTLY
RAISE OR LOWER THE GROUND LEVEL BENEATH TREE DRIP LINES. IF THE
GROUND LEVEL IS PROPOSED FOR MODIFICATION BENEATH THE DRIP LINE, THE
ARCHITECT/ARBORIST SHALL ADDRESS AND MITIGATE THE IMPACT TO THE
TREE(S).
2. ALL TREES TO BE PRESERVED ON THE PROPERTY AND ALL TREES ADJACENT
TO THE PROPERTY SHALL BE PROTECTED AGAINST DAMAGE DURING
CONSTRUCTION OPERATIONS BY CONSTRUCTING A FOUR-FOOT-HIGH FENCE
AROUND THE DRIP LINE, AND ARMOR AS NEEDED. THE EXTENT OF FENCING
AND ARMORING SHALL BE DETERMINED BY THE LANDSCAPE ARCHITECT. THE
TREE PROTECTION SHALL BE PLACED BEFORE ANY EXCAVATION OR GRADING
IS BEGUN AND SHALL BE MAINTAINED IN REPAIR FOR THE DURATION OF THE
CONSTRUCTION WORK.
3. NO CONSTRUCTION OPERATIONS SHALL BE CARRIED ON WITHIN THE DRIP
LINE AREA OF ANY TREE DESIGNATED TO BE SAVED EXCEPT AS IS AUTHORIZED
BY THE DIRECTOR OF COMMUNITY DEVELOPMENT.
4. IF THE TRENCHING IS REQUIRED TO PENETRATE THE PROTECTION BARRIER
FOR THE TREE, THE SECTION OF TRENCH IN THE DRIP LINE SHALL BE HAND DUG
SO AS TO PRECLUDE THE CUTTING OF ROOTS. PRIOR TO INITIATING ANY
TRENCHING WITHIN THE BARRIER APPROVAL BY STAFF WITH CONSULTATION OF
AN ARBORIST SHALL BE COMPLETED.
5. TREES WHICH REQUIRE ANY DEGREE OF FILL AROUND THE NATURAL GRADE
SHALL BE GUARDED BY RECOGNIZED STANDARDS OF TREE PROTECTION AND
DESIGN OF TREE WELLS.
6. THE AREA UNDER THE DRIP LINE OF THE TREE SHALL BE KEPT CLEAN. NO
CONSTRUCTION MATERIALS NOR CHEMICAL SOLVENTS SHALL BE STORED OR
DUMPED UNDER A TREE.
7. FIRES FOR ANY REASON SHALL NOT BE MADE WITHIN FIFTY FEET OF ANY
TREE SELECTED TO REMAIN AND SHALL BE LIMITED IN SIZE AND KEPT UNDER
CONSTANT SURVEILLANCE.
8. THE GENERAL CONTRACTOR SHALL USE A TREE SERVICE LICENSEE, AS
DEFINED BY CALIFORNIA BUSINESS AND PROFESSIONAL CODE, TO PRUNE AND
CUT OFF THE BRANCHES THAT MUST BE REMOVED DURING THE LANDSCAPE
ARCHITECT/ARBORIST WITH APPROVAL OF STAFF.
9. ANY DAMAGE TO EXISTING TREE CROWNS OR ROOT SYSTEMS SHALL BE
REPAIRED IMMEDIATELY BY AN APPROVED TREE SURGEON.
10. NO STORAGE OF CONSTRUCTION MATERIALS OR PARKING SHALL BE
PERMITTED WITHIN THE DRIP LINE AREA OF ANY TREE DESIGNATED TO BE
SAVED.
11. TREE PROTECTION REGULATIONS SHALL BE POSTED ON PROTECTIVE
FENCING AROUND TREES TO BE PROTECTED.
TREE PROTECTION NOTES:
PROPERTY LINE
BLDG FOOT PRINT
LEGEND:
PROPOSED SITE PLAN
SCALE1/8" = 1'
EXISTING SITE PLAN
SCALE1/8" = 1'(E) WATER HEATER(E) FURNACE
45.97 FEET45.97 FEET
(N) CONVERTEDADU HEAT PUMP
COMPRESSOR
(N) CONVERTEDADU WATER HEATER
GAS UNIT
EXISTING 4"SEWER LINE - NO CHANGEEXISTING WATERMETER BOX
MAIN HOUSE FOOTPRINT
NO CHANGE
45.98 FEET
45.98 FEET 125.37 FEET125.37 FEET(E) DRIVEWAY NO CHANGE
(E) EXTERIOR WALL STUCCO
1 HOUR RATED -
ZERO EAVE LINE
SIDEAND BACK
EXISTING MAIN HOUSE
ELECTRICAL PANELAT 200AMP
NO CHANGE
(E) HOUSE MAIN GAS METER
NO CHANGE
NO GABLE END VENT OPENING ON THIS
SIDE OF THE ROOF ALLOWED
NO UNDER EAVE VENTS ON THIS SIDE
OF THE ROOF ALLOWED
45.00 FEET
45.00 FEET125.39 FEET125.39 FEET
EXISTING MAIN HOUSE
ELECTRICAL PANELAT 200AMP
TO BE VERIFIED
EXISTING MAIN HOUSE
GAS METER - NO CHANGE
ZERO EAVE LINE
SIDE
(N) CONVERTEDADU WATER HEATER
GAS UNIT
(N) CONVERTEDADU HEAT PUMP
COMPRESSOR
(E) EXTERIOR WALL STUCCO
1 HOUR RATED -
MAIN HOUSE FOOTPRINT
NO CHANGE (E) DRIVEWAY NO CHANGEEXISTING 4"SEWER LINE - NO CHANGEEXISTING WATERMETER BOX
EXISTING STREET TREE
NO WORK TO BE DONE
EXISTING STREET TREE
NO WORK TO BE DONE
EXISTING SITE TREE
NO WORK TO BE DONE
STUCCO FINISH
ROOF SHINGLES
PER NOTES
GYP. BOARD TO BE
CONT. TO THE UNDERSIDE
OF THE ROOF SHEATHING.
NEW HOUSE NUMBER FOR ADU ON THE PRIMARY DWELLING UNIT: APPROVED
ADDRESS NUMBER SHALL BE LEGIBLE AND PLACED IN A POSITION THAT IS VISIBLE
FROM THE STREET OR ROAD FRONTING THE PROPERTY. THE CONTRASTING ADDRESS
NUMBERS SHALL BE ARABIC NUMBERS OR ALPHABETICAL LETTERS. EACH
CHARACTERS SHALL BE NOT LESS THAN 4 INCHES IN HEIGHT WITH A STROKE WIDTH
OF NOT LESS THAN 0.5 INCH. (CRC 319.1)
NEWADU HOUSE NUMBER NOTES:
80.09 FEET
100 FEET60.02 FEET 80.02 FEET(E) FIRE HYDRANT
NO WORK AROUND THIS
(E) STREET TREE
NO WORK
(E) SITE TREE
NO WORK
(E) SITE TREE
NO WORK
(E) 3/4" WATER LINENO WORKMAIN HOUSE FOOTPRINT
NO CHANGE
(E) DRIVEWAY NO CHANGEEXISTING MAIN HOUSE AT 200 AMP - NO WORKEXISTING MAIN HOUSE
GAS METER LOCATION
NO WORK
EXISTING REAR SHED
LESS THAT 120 SQ.FT
NO WORK TO BE DONE
NORTH
(E) SITE TREE
NO WORK
(E) SITE TREE
NO WORK
EXISTING 6 FT WOOD FENCE
EXISTING 4 FT MASONARY & WOOD
FENCE - NO WORK
PROPOSED ROLL METAL GATE
FOR SAFETY
20'-4 1/4"