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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 \\TLG-File\data\SHARE\PLANNING COMMISSION REPORTS\2023\06-14-2023\Item 2 - 380 Blackwell Drive\Staff Report.380 Blackwell Drive.docx 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 \\TLG-File\data\SHARE\PLANNING COMMISSION REPORTS\2023\06-14-2023\Item 2 - 380 Blackwell Drive\Staff Report.380 Blackwell Drive.docx 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 PAGE 4 OF 7 SUBJECT: 380 Blackwell Drive/FHE-23-002 DATE: June 9, 2023 \\TLG-File\data\SHARE\PLANNING COMMISSION REPORTS\2023\06-14-2023\Item 2 - 380 Blackwell Drive\Staff Report.380 Blackwell Drive.docx 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: PAGE 5 OF 7 SUBJECT: 380 Blackwell Drive/FHE-23-002 DATE: June 9, 2023 \\TLG-File\data\SHARE\PLANNING COMMISSION REPORTS\2023\06-14-2023\Item 2 - 380 Blackwell Drive\Staff Report.380 Blackwell Drive.docx 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. PAGE 6 OF 7 SUBJECT: 380 Blackwell Drive/FHE-23-002 DATE: June 9, 2023 \\TLG-File\data\SHARE\PLANNING COMMISSION REPORTS\2023\06-14-2023\Item 2 - 380 Blackwell Drive\Staff Report.380 Blackwell Drive.docx 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. PAGE 7 OF 7 SUBJECT: 380 Blackwell Drive/FHE-23-002 DATE: June 9, 2023 \\TLG-File\data\SHARE\PLANNING COMMISSION REPORTS\2023\06-14-2023\Item 2 - 380 Blackwell Drive\Staff Report.380 Blackwell Drive.docx 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 This Page Intentionally Left Blank JO DRNATIONAL AV BLACKWELL DR DE SOTO DR DRAKES BAY AV MARY AL ICE DR CARLTON AV LEILA CTVISTA LN DRAKES CTSEQUOIA CT VISTA REAL C T 380 Blackwell 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 – 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 This Page Intentionally Left Blank 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. S:\PLANNING COMMISSION REPORTS\2021\11-10-21\Tait Avenue, 103\Exhibit 3 - Recommended Conditions of Approval if Appeal is Approved.docx EXHIBIT 4 This Page Intentionally Left Blank 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 This Page Intentionally Left Blank 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 This Page Intentionally Left Blank This Page Intentionally Left Blank 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 This Page Intentionally Left Blank 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"