Loading...
Attachment 4 - June 14, 2023, Planning Commission Verbatim MinutesLOS GATOS PLANNING COMMISSION 6/14/2023 Item #2, 380 Blackwell Drive 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A P P E A R A N C E S: Los Gatos Planning Commissioners: Jeffrey Barnett, Chair Steve Raspe, Vice Chair Susan Burnett Kylie Clark Melanie Hanssen Kathryn Janoff Emily Thomas Town Manager: Laurel Prevetti Community Development Director: Joel Paulson Town Attorney: Gabrielle Whelan Transcribed by: Vicki L. Blandin (619) 541-3405 ATTACHMENT 4 LOS GATOS PLANNING COMMISSION 6/14/2023 Item #2, 380 Blackwell Drive 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 P R O C E E D I N G S: CHAIR BARNETT: We will now move into the public hearing portion of our agenda and consider Agenda Item 2, which is the consideration of an appeal of the Community Development Director’s decision to deny a Fence Height Exception request for construction of an automated vehicle gate exceeding the maximum height and with reduced setbacks on property zoned R-1:8, located at 380 Blackwell Drive, APN 424-12-027, Fence Height Exception Application FHE-23- 002. Property owners are Larry Cesnik and Martha Johnson, and the Appellant is Larry Cesnik. The Applicant is Ramin Zohoor, and the project planner is Sean Mullin. I note that the Staff indicates that the appeal tonight is categorically exempt from CEQA under Section 15303(e), New Construction or Conversion of Small Structures, and that if the appeal is granted tonight a finding is required to be made regarding the application of an exception to the Town’s Fencing Ordinance. May I have a show of hands by the Commissioners who have visited the property? Thank you. Are there any disclosures? I don’t see any. Mr. Mullin, why don’t we proceed with your Staff Report, if you will? LOS GATOS PLANNING COMMISSION 6/14/2023 Item #2, 380 Blackwell Drive 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SEAN MULLIN: Thank you, and good evening. For your consideration tonight there is an Appeal of a Director’s Decision denying an exception to the fence regulations for a new vehicular gate at 380 Blackwell Drive. Located on the corner of Blackwell Drive and National Avenue, the subject property is with a single- family residence and an attached ADU. Existing nonconforming fencing encloses the outdoor spaces on the property except for the driveway area. The property owner installed a sliding vehicular gate at the front property line without the benefits of permits to enclose the driveway area, and the property owner was contacted by the Town and requested to submit a Building Permit for this vehicular gate. During review of that permit application Planning Staff noted that the vehicular gate exceed the 3’ height limitation for gates located in the required front yard setback area and the traffic view area and does not meet the required 18’ setback as measured from the edge of the street. On February 6th of this year the property owner applied for a Fence Height Exception for the vehicular gate. The Letter of Justification cited safety concerns LOS GATOS PLANNING COMMISSION 6/14/2023 Item #2, 380 Blackwell Drive 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 related to the illness of a child residing on the property and the need to prevent them from stepping off the property. Staff was unable to make the required findings to grant the exception and on March 6th the Town denied the request, recognizing that the property is already enclosed by existing fencing and gates except for the driveway area, and that the vehicular gate creates unsafe conditions caused by the gate lacking the 18’ setback and its proximity to the intersection of Blackwell and National. On March 8th the property owner appealed this decision based on the justification provided with the exception request. Staff’s analysis finds that 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 of National Avenue. The added queue time adjacent to the intersection is considered a nuisance and an unnecessary risk. Based on the analysis provided in the Staff Report, Staff recommends denial of the appeal, upholding the decision of the Director to deny the exception to the fence regulations. A Desk Item was distributed this afternoon that includes additional information related to the safety concerns of the property owner. LOS GATOS PLANNING COMMISSION 6/14/2023 Item #2, 380 Blackwell Drive 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 In addition to Planning Staff, Engineering Staff is also in attendance tonight to address any questions of the Commission, and this concludes Staff’s presentation. CHAIR BARNETT: Thank you, Mr. Mullin. I’ll turn to the Commissioners and ask if anyone has a question for Staff? Commissioner Hannson. COMMISSIONER HANSSEN: Thank you; that was very helpful. I noted in Exhibit 8 that the gate is 13’ and a few inches into the property, so if the gate were moved back 5’, would they be allowed to have that height of a gate? SEAN MULLIN: Thank you for the question. The gate, even if moved back 5’, would still be located in the required front yard setback area which has a height limitation of 3’, and it would also be limited in the traffic view area which is measured from the adjacent corner of National and Blackwell. COMMISSIONER HANSSEN: Thank you. CHAIR BARNETT: Other questions of Staff at this time? There will be an opportunity later, of course. We’ll now open the public portion of the public hearing and give the Applicant an opportunity to address the Commission for up to five minutes. Who will be speaking for the Appellant tonight? LOS GATOS PLANNING COMMISSION 6/14/2023 Item #2, 380 Blackwell Drive 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 LARRY CESNIK: That will be me. CHAIR BARNETT: Thank you. If you’ll state your name and address, please. LARRY CESNIK: Thank you, ladies and gentlemen of the Planning Commission and Chair. My name is Lawrence Cesnik; you can call me Larry. I am the resident at 380 Blackwell Drive here in Los Gatos, and I really want to keep this fairly brief, but obviously open to any questions you’ve got. I think my major theme here is safety, not only for our son but also of the citizens of the Town of Los Gatos. Again, the request for the exception is for safety reasons: the safety of our young adult son, Martin. There are a couple of points that are real important to bring up here. Number one, and you’ll see a photo in a minute, the ADU that’s on the property directly faces the driveway and the street, and actually across the street, as you may have seen for those who have gone there, is a tower area. Our son, who has a condition of autism, has very low safety awareness and he does need to be watched when he’s outside. He is also a very physical guy—he’s at summer camp right now, he’s having a great time—but he does move quickly, and so he can quickly reach the sidewalk, he can reach the LOS GATOS PLANNING COMMISSION 6/14/2023 Item #2, 380 Blackwell Drive 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 street and that electric tower area without a barrier, so that’s actually why we built the gate, because we need that gate to prevent any kind of unexpected bolting. So that’s safety for him, our son, Martin. Also it’s safety of the citizens of Los Gatos, because if indeed he were to get out into the street area or the sidewalk area obviously there are motorists there, there are pedestrians there, and there are cyclists and pets and so forth, so it’s not just for his own safety but I think the safety of the people and animals that would be walking or driving by. Just to give you a sense, some of you have been out to the property already, but you can see where the gate is. Obviously it’s open, it’s not closed now, but if closed it would block that driveway which leads to the sidewalk and into the street, and then the right side view is out towards the street and that yard area around the electric tower near the intersection of Blackwell and National Avenue. That gives you a visual sense of it. Here we have a letter from Martin’s primary care physician, Doctor Chaudry. It’s a little bit small font to read here, but it’s in the record. Essentially what she is saying here is he does have this condition. A lot of folks with this particular condition don’t necessarily have a LOS GATOS PLANNING COMMISSION 6/14/2023 Item #2, 380 Blackwell Drive 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 high safety awareness. We’re really working on it a lot, but it’s something we just cannot fully control, and so this is our way of saying hey, can we put a barrier there of some kind that will at least slow him down. The next couple pages are just some excerpts. He’s a client of the San Andreas Regional Center and he, like other consumers there, has an individualized program plan. We’re not going to show the whole plan, there’s a lot of private information in there, but what we’ve highlighted in yellow is the word “safety,” because it comes out a lot of times in terms of that’s an issue. So that’s an issue that he has, it’s an issue that we’re working on; it’s an issue that we’re setting goals for him to try to achieve. Nonetheless, it’s a long process; it’s a lifelong process for him to get there. I think the second page has some additional plans and goals in his individual program plan. We have other documentation. As a student he’s now working in an adult day program in San Jose, but through his non-public school career at a couple of schools in Redwood City and in Santa Cruz, that’s also been on his individualized educational plan, his IEP. I think those are really all of my comments. I’m very happy to answer questions, but again, it’s two-fold LOS GATOS PLANNING COMMISSION 6/14/2023 Item #2, 380 Blackwell Drive 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 safety: safety for our son and safety for citizens of the Town. CHAIR BARNETT: Thank you very much, Mr. Cesnik, and I’ll turn to my fellow commissioners to see if they have any questions of you. Commissioner Hanssen. COMMISSIONER HANSSEN: I was just curious; the fence is about 4’ or so. What’s preventing your son from going over the fence? LARRY CESNIK: It’s a great question. There’s no solution. We can’t put up a 20’ fence obviously. He is a physical guy, but it’s really not… The assumption here is that there’s going to be someone on the property. He will never be at home by himself, and so it’s actually to prevent him from doing a bolt when an adult may be right around the corner there. But if he had a fence that was taller and he tried to climb it, yes, that might slow him down a little bit more, but having a fence there of that size and magnitude will at least have him stop and think, slow him down enough so that an adult can get there. COMMISSIONER HANSSEN: Have you had any instances where he was able to climb over the fence? LARRY CESNIK: No, no. As a matter of fact, he hasn’t lived on this property a very long time, one of the reasons being we have another property that we’re LOS GATOS PLANNING COMMISSION 6/14/2023 Item #2, 380 Blackwell Drive 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 transitioning out of as well, so we’re residents to Los Gatos. One of the reasons, frankly, that he hasn’t full time come to there is because we still haven’t resolved this issue, but in other properties that we’ve had we’ve had similar setups. Again, we’ve been able to use those kinds of, let’s call demotivators, to prevent him from going too far, whether it’s a gate or similar kind of barrier. COMMISSIONER HANSSEN: Okay, thank you. CHAIR BARNETT: Thank you for that comment. Commissioner Janoff. COMMISSIONER JANOFF: Thank you. I’m curious about the purpose of the vehicular gate. The ADU doesn’t have any driveway-facing windows or doors or access, so it’s just a plain wall, so effectively the driveway is a parking area. You have a fence with a gate that tees into the corner of the ADU that faces National Avenue, and you have one that comes parallel to the street that the driveway accesses on, so that’s containing your property along with the perimeter fences, so my question is what’s the purpose of the gate? What’s the use of that area, and what are you trying to achieve? LARRY CESNIK: I think two things. Primarily the reason for the gate is, again, for the safety of our son, LOS GATOS PLANNING COMMISSION 6/14/2023 Item #2, 380 Blackwell Drive 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and what I would say is yes, it doesn’t look like there’s a clear path from the ADU right to the street, but in reality there is. We actually did not put a door or window in that front for that… We wanted to make it as safe as possible. There is a door around the side which you can’t see in that photo very well, but it’s really quick for him to come down there, so essentially even though he can’t break through the wall and go right out there, it’s just a few feet more for him to be able for him to access it, so that’s the first reason. It is actually those several feet that the gate would enclose that is the only open area around our property now. So, yes, we do have the picket fence and other features there. So it’s the area that actually is close, it’s open; it’s actually the closest to the ADU, even though it’s sort of a side entrance. The second reason is the reason we are not asking for (inaudible), because we are adults that live and work, and so we actually do need to get our cars. You’re right, we do park our cars there, that was a garage that the ADU is now, but we need to actually get back and forth, so it was our practical solution to be able to open it up only when we need to get in and out and keep it closed the rest of the time. COMMISSIONER JANOFF: Thank you. LOS GATOS PLANNING COMMISSION 6/14/2023 Item #2, 380 Blackwell Drive 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR BARNETT: Other questions by Commissioners? Vice Chair Raspe. VICE CHAIR RASPE: Thank you, Chair. Mr. Cesnik, first of all, thank you for coming this evening and sharing information. I know it’s difficult sharing information, but thank you, it makes our decision making all that much better. LARRY CESNIK: Sure. VICE CHAIR RASPE: Really I think we’re considering two things here tonight, both the height of the fence and the location of the gate as well. As to the location, is there a way you could move the gate back approximately 5’, as Commissioner Hanssen said, still retain a closed off area, but allow enough room that cars could queue without sticking out into the street? Essentially, could you move the gate back 5’? LARRY CESNIK: I think the answer is almost anything is possible architecturally. We’d have to talk to our builders, our architects, so I can’t answer the details. Conceptually I think that’s possible. May I ask the Commissioners a question to make sure I understand the idea of the queuing, because that’s not what I’m totally clear on? Is it okay for me to ask LOS GATOS PLANNING COMMISSION 6/14/2023 Item #2, 380 Blackwell Drive 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that question, or not? I want to follow protocol here, so I can fully answer your question. CHAIR BARNETT: I think he can clarify the question. VICE CHAIR RASPE: So my understanding of the queuing is we need enough room, or the Town wants—and Staff, please correct me if I’m wrong—while the gate is opening, the Town is trying to avoid any portion of the car backing out into the street, because the gate is a slow- opening gate in most instances, and the concern is that the remainder of the car stays in traffic while the gate is opening, and as a result the Town has instituted, I believe, an 18’ setback to avoid that circumstance, and your gate is currently in violation of the 18’ setback. Do I have that about right? So if you move the gate back to that 18’ mark, it would solve one of your problems. LARRY CESNIK: Thank you; that helps clarify it. To me one of the other logical solutions would be, if I’m understanding correctly and not being a person who is necessarily in a hurry to get out, would be to make sure the gate is fully open before even trying to back the car out. To me, that would simulate how I would back the car out if I didn’t have a gate at all. Is that logical? LOS GATOS PLANNING COMMISSION 6/14/2023 Item #2, 380 Blackwell Drive 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 VICE CHAIR RASPE: I appreciate your answer. Thanks so much. CHAIR BARNETT: Commissioner Clark, you have your hand up. COMMISSIONER CLARK: Thank you. I’m sorry that I’m on Zoom; I wish I were there in person. LARRY CESNIK: No problem. COMMISSIONER CLARK: I have two questions. First, I was just wondering, how long have you had the gate? LARRY CESNIK: The gate has been there for I think at least a year. I don’t know the exact amount of time but whenever we received the violation, and the Commission probably has a closer idea, but many months ago, it’s been there but it’s obviously been open; it hasn’t been functioning. Maybe the Commission could help, or the Town can help with the dates. Probably around a year or more. COMMISSIONER CLARK: Okay, thank you. Then my second question is how often is the gate open versus closed? I know when I did my site visit it was open, and it’s open in those pictures. LARRY CESNIK: Right now, unless someone has a magical way to get to our control, 100% of the time, LOS GATOS PLANNING COMMISSION 6/14/2023 Item #2, 380 Blackwell Drive 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 because we’re trying to comply with the notice that we received. COMMISSIONER CLARK: Okay, got it. Thank you. CHAIR BARNETT: Further questions? Commissioner Burnett. COMMISSIONER BURNETT: Thank you for coming tonight. I think my biggest concern is National Avenue is a fairly well traveled road, and if you’re turning onto your street and you are parked there to go into your driveway and the gate is closed, the average length of a car I think is like 1.5’-16’, so part of the car would be in the roadway, and I think that’s my concern that as cars are coming around the bend you’re wanting to go into your driveway, the gate is closed, you’re waiting, and there’s traffic coming by and you’re in the roadway. How would you answer that? LARRY CESNIK: I understand the question, thank you. I would answer it using the same approach I mentioned to the Vice Chair, which is the control does have quite a bit of distance on it, and we as the homeowner, if we’re granted this exception, could commit to practicing the following. Like I said a few minutes ago regarding leaving, waiting until it is fully open, and when we’re entering we could activate the gate at a distance, and it’s got a LOS GATOS PLANNING COMMISSION 6/14/2023 Item #2, 380 Blackwell Drive 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 pretty good distance on it, so that it would be fully open before we arrive there, thus avoiding the backup that you’re expressing. CHAIR BARNETT: You have a further question? COMMISSIONER BURNETT: Yes, thank you, further question. So if you had a visitor that didn’t have an automatic gate opening or they had to wait there and didn’t have the quick access that you have, how would you handle that? LARRY CESNIK: At this point, given the logistics, we do not have a lot of space for guests anyway, so we would be asking them to park on the street or make other arrangements, but that would be the normal process just because it’s complicated. COMMISSIONER BURNETT: Thank you. CHAIR BARNETT: Other questions? Commissioner Thomas. COMMISSIONER THOMAS: Yes, thank you for coming and sharing all of this information tonight. I really do appreciate it. I feel like you’ve been very thorough and it is well appreciated. My question is just that if a special security concern does exist, which I think that’s part of what you’re presenting tonight, do you feel like you’ve explored LOS GATOS PLANNING COMMISSION 6/14/2023 Item #2, 380 Blackwell Drive 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 other options for it to be practically addressed in another way? LARRY CESNIK: I think we are using other options in conjunction with the one that we’re requesting. I think as parents of a child with special needs, many of the actual requirements, we simply cannot depend on just this, a barrier, to help out. There are many things that we need to do, which kind of gets to the program he’s working on, the encouragement of him doing the kind of behaviors, and just, frankly, being alert. So the answer is yes, it’s been sort of a lifelong work that we’ve been doing and this is part of the package that we’re hoping for the safety of him and the citizens. COMMISSIONER THOMAS: Okay, thank you. CHAIR BARNETT: Commissioner Hanssen. COMMISSIONER HANSSEN: I just wanted to follow up on Commissioner Thomas’ question. I think the spirit of that exception which would allow us to grant an appeal is not that you’re using other things in conjunction with the gate, but that there was no other way to secure your son’s safety other than by having this gate. Just to give an example, one thing that crossed my mind in looking at this was because there are fences in LOS GATOS PLANNING COMMISSION 6/14/2023 Item #2, 380 Blackwell Drive 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a lot of places on the property is there no way to lock the gates to keep him from entering the driveway? That’s the kind of thing that we would need to understand. Is there no other way to keep him from entering the driveway? LARRY CESNIK: In my opinion, no practical way. I suppose there are always ways, and obviously we’d be open to creativity and doing that, but he is our son who has the right to enjoy the property as well, and so we don’t want to restrain him to the point that his liberty is lost, because it is the fine balance between being able to have him safe but at the same time feeling like he’s a member of the family and a member of the community. That’s why I’m saying there could be other ways; they probably wouldn’t feel in the spirit of how we want to be treating our son. COMMISSIONER HANSSEN: I understand that. Can I ask a follow up question? What is the utility of the driveway to him or to anyone else other than to have cars parked there? LARRY CESNIK: More ADU owners like ourselves are using the driveways more to park cars than typical families, because we’ve eliminated the garage as a space there, so that’s the utility of it for our family. One of the practical examples of how this presents a problem to us LOS GATOS PLANNING COMMISSION 6/14/2023 Item #2, 380 Blackwell Drive 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is that he has to go to his adult day program every day, he has go places. We do, by the way, love the park down the street. One of the reasons we chose the neighborhood is it’s an incredible neighborhood for walking and we can walk to places, so we definitely will take advantage of that. Obviously, more times than not when we’re leaving the house we’re not going for a walk, we’re getting into the car, and so on the way to the cars is actually part of the concern. We’ll be very careful there, but that’s probably a lot of the reasons for that. He doesn’t really have a lot of interest, if I understand your question, of going to the driveway per se; it’s sort of a launching pad to where he’s going next. COMMISSIONER HANSSEN: I understand, thank you. CHAIR BARNETT: Commissioner Janoff. COMMISSIONER JANOFF: Just to clarify. It sounds like what your need for your son is a secondary form of containment, especially during the times when you have a vehicular transfer for your son. LARRY CESNIK: Yes, that’s it exactly. Thank you. CHAIR BARNETT: All right, if there are no more questions, I don’t see anyone in the audience, or we still don’t have anyone on Zoom, Mr. Paulson? So this would be LOS GATOS PLANNING COMMISSION 6/14/2023 Item #2, 380 Blackwell Drive 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the opportunity for members of the public who want to speak on Item 2 on the agenda, and I don’t think we have any such people, so we’ll move on and give the Appellant another three minutes if you choose to do so. LARRY CESNIK: Thank you for setting the agenda in advance. I didn’t prepare anything necessarily, because I thought my opening remarks on sort of the safety focus was clear, and so I just wanted to say that we’re actually fairly new residents of Los Gatos, we’re trying to be good citizens. We’ve invested, I think, well in the property to hopefully make it a good place for us and our neighbors, and getting to know those neighbors. Just being able to have this ability to have an extra layer of security will be great for us as we continue to enjoy all the good things Los Gatos has to offer. That’s it. CHAIR BARNETT: Thank you for those comments. We’ll now close the public portion of the public hearing and ask if any Commissioners have questions of Staff, wish to comment on the appeal, or introduce a motion for consideration by the Commission? Commissioner Janoff. COMMISSIONER JANOFF: I’ll kick things off. I think it’s clear from the Appellant’s statements made tonight that what he’s looking for for his family is that secondary containment, and it’s really clear to me that the LOS GATOS PLANNING COMMISSION 6/14/2023 Item #2, 380 Blackwell Drive 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 gate needs to contain a vehicle in order to make a safety transfer for the son in particular, so my thinking is that the gate is necessary. The positioning of the gate poses problems for me because of the 13’ off Blackwell. Even if you’re quick to the handle there still is a possibility that you’re going to be hanging out there while other cars are coming through, and because of the nature of the intersection you’ve got that teardrop parklet that prevents you from making a left turn into the driveway, which would be perhaps safer because you wouldn’t be potentially obstructing traffic from National Avenue. My thinking at this time is that I would be in favor of approving a gate but asking that it be moved to the 18’ mark, even though that creates a setback intrusion on the front of the house. I think that the height of the gate, given the size of the individual, is reasonable. So, again, my thinking is if the same gate and functioning and all can be moved back to create a safer ingress from National onto Blackwell into the driveway, that would be a recommendation I’m thinking is a reasonable one at this time. CHAIR BARNETT: Thank you for that. I actually have a question for you. If the gate were moved back toward LOS GATOS PLANNING COMMISSION 6/14/2023 Item #2, 380 Blackwell Drive 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the face of the ADU, would you envision additional fences on each side of the driveway as part of that? COMMISSIONER JANOFF: Well, only on the left side, because there’s a continuous fence from the sidewalk to the corner of the ADU already, so it would just be you’d need a 5’ fence on the left side of the drive. CHAIR BARNETT: Thank you. Other comments? Vice Chair Raspe. VICE CHAIR RASPE: Thank you, Chair. I join 100% with Commissioner Janoff’s comments. First off, with respect to fence height, I understand that this fence is 4’-3”, which is higher than the 3’ allowed, but again, in this situation there are security concerns that I think are alleviated with a slightly higher fence, and it seems to me that the purpose of the fence height is to preserve view corridors, and the nature of this fencing is such that you can see clearly through the fence, I don’t think it’s obstructive in any way, so I would permit the higher fence on the gate. Then with respect to the gate, again, I believe it’s a security concern that we should allow a gate, but the location is problematic. Pushing it back to the 18’ setback I think solves the issue. I think it’s achievable with one change, pushing it back with the fencing on one LOS GATOS PLANNING COMMISSION 6/14/2023 Item #2, 380 Blackwell Drive 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 side, and I think that addresses the safety concerns for the Applicant and the safety concerns for the drivers of Los Gatos, so I would join Commissioner Janoff in her recommendations. CHAIR BARNETT: Thank you for that input. Commissioner Hanssen. COMMISSIONER HANSSEN: I have a question for Staff. The exception that we’re discussing for the special security concern, did you in your analysis consider that as a possible exception? You said you couldn’t make the findings. I’m just trying to understand what was thought. SEAN MULLIN: Thank you for the question. Under review of the original Fence Height Exception Staff wasn’t provided the level of detail on Mr. Cesnik’s son, so we were just presented with, as you can see in the application, that the son had an illness and what was looked at was the majority of the property was fenced and it was just the driveway area. COMMISSIONER HANSSEN: Very good. Can I also make a comment then? I actually worked on the Fence Ordinance, and I believe Commissioner Janoff was on the Commission with me as well, and to me this seems like a valid exception for the safety concern, and especially we appreciate all the information that you shared, and it’s LOS GATOS PLANNING COMMISSION 6/14/2023 Item #2, 380 Blackwell Drive 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 not easy to share all that information about your child, so we totally appreciate that to help understand the situation. Having said that, I think it’s reasonable to make the exceptions on the grounds of the special secure concern, and it doesn’t appear to me that there is another alternative without the vehicular gate. Having said that, I also see the concern—and we’ve seen this before on some other applications—with the 18’, it is a very dangerous area around there. Not maybe Blackwell, but National Avenue per se is always very busy, so I would concur with my fellow commissioners that I think that moving the gate back needs to be looked into, but I don’t think it’s problematic to keep a gate that’s 4’-3” high, because the whole reason for the security is to keep the son safe and there’s no reason we can’t go an extra foot. CHAIR BARNETT: Thank you. Other comments, questions, motion? Commissioner Thomas. COMMISSIONER THOMAS: I agree with my fellow commissioners about the height, but I did have a question for Staff about the parking on that street. I know obviously on the corner there’s a red zone to protect the view area, but then from the red zone in front of this LOS GATOS PLANNING COMMISSION 6/14/2023 Item #2, 380 Blackwell Drive 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 property—on Blackwell, not on National—is there parking? Right in front of that area is there parking, or is the street parking farther down? SEAN MULLIN: Thank you for the question. I believe street parking is allowed past the red zone. The Town Engineer, Gary Heap, is available. He may be able to add some clarification. CHAIR BARNETT: Why don’t we hear from the engineer in light of that comment? GARY HEAP: Thank you very much. Gary Heap, Parks and Public Works. In looking at the aerial of the street view right now. I do see the red curbing there that is in existence from the corner to the driveway approach; I believe that is there to protect the fire hydrant that is there. If the fire hydrant were not there, parking would be allowed in that area, both on either side of the driveway, but right now because the hydrant is there parking is only allowed on the west side of the driveway. COMMISSIONER THOMAS: Okay, thank you. I do have some follow up comments then about that. CHAIR BARNETT: Please proceed. COMMISSIONER THOMAS: Okay, thank you. I understand my fellow commissioners’ concerns about the 18’ to allow for the traffic, but when I was at the site and LOS GATOS PLANNING COMMISSION 6/14/2023 Item #2, 380 Blackwell Drive 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 seeing the red area and seeing the ability to pull a car over to wait for the gate to open I am inclined to feel like it is kind of an undue hardship to require this to be set back. I don’t know if there’s truly an added safety benefit that is considered practically addressed, considering I understand that the fence is there, so I am struggling with that a little bit I guess is what I’m saying. I understand that maybe that’s not how we can necessarily even approach this, but I do think that I agree with everyone about the height of the fence. I do think that the way that it’s built and structured you can see through it. I don’t have a ton of safety concerns or anything like that, and I completely understand how the additional physical barriers are something that is very important to the safety, so I think that we’re all on the same page it sounds like with considering for the height and special security concerns that exists, but I am kind of curious to hear a little bit more about why we’re feeling like the fence needs to be moved back that 5’. CHAIR BARNETT: I’d like to ask the Public Works Director to comment on the visibility issue if the gate is not moved back. LOS GATOS PLANNING COMMISSION 6/14/2023 Item #2, 380 Blackwell Drive 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GARY HEAP: Gary Heap, Town Engineer, Parks and Public Works. It’s not really a visibility standpoint; it’s a circulation standpoint. The purpose of the code is so that we don’t have vehicles hanging out into the travel lane when there’s a lane right adjacent to the curb, which is not the case here. So, yes, it is in violation, and yes, the vehicle waiting or queuing there would hang out, but it’s within the limits of what the parking area would be. Does that answer your question? CHAIR BARNETT: Yes, it does, thank you. COMMISSIONER THOMAS: Can I just follow up with that then? That was my assumption that that was the thing, so the car would hang out into like where a parked car could be. I guess if my understanding is that, my problem is if a car can park there, then people whipping around the corner from National Avenue could run into the back of the car just as easily as they could run into the back of a car pulling into the driveway from my perspective, but maybe I’m wrong. CHAIR BARNETT: Commissioner Janoff has her hand up. COMMISSIONER JANOFF: Just to clarify, the special security that I would be willing to find for is related to Mr. Cesnik’s son’s needs on the other side of LOS GATOS PLANNING COMMISSION 6/14/2023 Item #2, 380 Blackwell Drive 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the gate, not so much the public’s safety requirements. So in terms of making the finding to allow for the exception, that’s where my thoughts go. So I think we can all agree that a vehicular gate is necessary. The reason to move it back the 15’ is to allow a vehicle to clear Blackwell fully as it’s waiting for the gate to open, and the circumstance that comes to my mind is this: it seems likely to me that transport might be in the form of a van; that’s often the type of transport for individuals. A van is larger than an mini coup or a small car or small sedan, it’s a larger vehicle, and that is likely to be hanging out into the travel lane on Blackwell, and that’s the issue that I’m seeing that public works is alerting us to the need for the 18’. So we create the 18’ depth from the sidewalk or the property line, whatever the measurement point is, inward. We allow for 18’ there so a vehicle can be on property and not in the travel lane. The gate can open, the vehicle moves in and there’s plenty of space on the other side of the new location of the fence, should it be moved, for that vehicle to park, they get to close, and Mr. Cesnik’s son would be safely able to board the vehicle. So the 18’ for me is how to keep a vehicle from hanging out in Blackwell for the length of time that it LOS GATOS PLANNING COMMISSION 6/14/2023 Item #2, 380 Blackwell Drive 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 takes the gate to open, understanding that there may be occasions when you’re expecting the vehicle and you might have the gate open, but there may be times when you don’t or you forget, and so I think we need to be cognizant of the reason why we have the 18’ foot requirement, and it does seem to be a requirement that can be satisfied at the same time the Appellant’s needs are being satisfied. CHAIR BARNETT: Thank you. Any further comments? Commissioner Thomas. COMMISSIONER THOMAS: I agree and understand, but my understanding from what the Town Engineer just said is that because there’s no bike lane the lane is not clearly defined on this street, because it’s just a wide residential street where you’re able to park on the side of the street. My understanding is because the sidewalk is so big and there’s the little parklet area, it’s like sidewalk and then planting area, then parking, and then travel lane, it seems like there is enough space for a car to queue and not be hanging out, because I agree that is a concern. CHAIR BARNETT: Commissioner Janoff. COMMISSIONER JANOFF: I think the issue is that there is only 13’ available with the present location of the gate and that’s probably not sufficient to accommodate LOS GATOS PLANNING COMMISSION 6/14/2023 Item #2, 380 Blackwell Drive 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the range of vehicles that might be traveling in this space. COMMISSIONER THOMAS: I do want to clarify this, because I think the 13’ is from the gate to the actual street, correct? Because then there was a car parked beyond that, so if a van is 16’ long, that’s hanging out into…which is clearly like very close… I mean how wide is a typical car? SEAN MULLIN: One thing I can offer that might help is that the 13’ measurement and the 18’ measurement is taken from the edge of the street. That’s where the asphalt would meet the face of the curb, so you’re right in that from there there would be some area that would be designated for parking and then the actual vehicular travel lane. And again, the Town Engineer may be able to expand on that more eloquently than I. CHAIR BARNETT: Commissioner Hanssen. COMMISSIONER HANSSEN: I’m trying to think of the right way to say this. We’ve had a number of times in hearings over time where we bring in Parks and Public Works or some outside expert, and so my personal philosophy on this as a Planning Commissioner is that I would never second guess the judgment of our Town Engineer to determine what’s safe and not safe in terms of the distance, and LOS GATOS PLANNING COMMISSION 6/14/2023 Item #2, 380 Blackwell Drive 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that’s why I would leave it to them to say if 18’ is the number, then 18’ is the number that we need to be safe. For me personally, I wouldn’t want to second guess and try to figure out ways around it. I think it’s best to rely on the expertise of our Parks and Public Works, because they own the responsibility for making sure things are safe. CHAIR BARNETT: Commissioner Burnett and then Commissioner Thomas. COMMISSIONER BURNETT: Thank you, Chair. Again, my concern is National Avenue. This is a rounded corner, and when cars are coming around they would tend to be closer to the curb. Because of the configuration of it, it’s not like a square corner that you come at an angle, it would be more rounded, which I would feel it would be even more dangerous to have a car that’s 3’ out into the roadway waiting to go in, so I would support Commissioner Janoff’s and Vice Chair Raspe’s feelings on this. CHAIR BARNETT: Thank you. Commissioner Thomas. COMMISSIONER THOMAS: Thank you, and I do agree that we need to listen to the Town Engineer, so I would like to know what he has to say, because you did mention that the spirit of the best regulation is that we have this much space, but do you feel like where the fence is right LOS GATOS PLANNING COMMISSION 6/14/2023 Item #2, 380 Blackwell Drive 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 now allows for enough space to maintain safety in the spirit of the regulation? GARY HEAP: What I had stated earlier is the code says 18’. My professional judgment is there are a number of factors that go into it. The parking lane itself is typically 8’ in width. Given the 2’ gutter pan, you’re looking at 6’ there between basically the lip of the gutter and where the parked car could park. We’ve got an encroachment potentially of a little over 4.5’ into that area. National Avenue has a lot of traffic. I don't know if the side street necessarily has a lot of traffic. I don’t know about the frequency that we have actually in terms of the use of the gate on a daily basis. Is it once a day, twice a day, or every couple of days? I don't know the frequency of that; maybe that’s a question for the Applicant. In terms of some protocols, in terms of opening and closing that gate, certainly exiting I don’t see as an issue. Entering is the problem. They could queue in another area, they could queue in the front, they could queue in the red zone for that matter while the gate is opening and then swing in. I don’t get a sense that there’s a huge risk or safety issue with the vehicle that’s hanging out within the parking lane for a limited amount of time, again based LOS GATOS PLANNING COMMISSION 6/14/2023 Item #2, 380 Blackwell Drive 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 on the speed of that gate and how fast it opens; I’m not aware of what the foot-per-second rate is on that either and how long that would actually be, but I don’t get the sense that this is a huge safety issue. COMMISSIONER THOMAS: Thank you. CHAIR BARNETT: Very well. Commissioner Janoff. COMMISSIONER JANOFF: Thank you. I think one of the things that complicate this particular location is the teardrop parklet that has the effect of making it a one-way lane in. Typically when a car is queuing in a normal two lane road the cars that see the car stopped for the gate are going to go around it, and in this particular location there’s no opportunity to go around the car; it’s effectively a one lane road. I do think that in this case the configuration of the street on Blackwell creates a narrowing point that complicates… And the teardrop, as I recall, continues past the driveway a little bit, so I think it just is not close to the corner of National, it’s quite deep and my impression is that you couldn’t turn left into the driveway from Blackwell, so you really just have that narrow lane, so for me it does create a potential safety issue. I think the frequency of use, I understand the reason it’s mentioned but I think it’s a little unfair, LOS GATOS PLANNING COMMISSION 6/14/2023 Item #2, 380 Blackwell Drive 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 because we just really don’t know, and you don’t really want to hamper a property owner to say you said it’s only going to be used once a week and now you’re using it every day and it’s creating a safety issue, so I don’t think we need to go down that route. I do think that there are special circumstances related to the configuration of the street and the red zone that creates, as I said, a necking, a narrowing of that particular length of Blackwell that would create an issue. Think if you had a car parked on the other side of the driveway. You have nowhere for an oncoming car to go. I don’t think a parked car makes a difference is what I’m saying. You’ve got a car that’s sticking out effectively into the travel lane because of the narrow width of this part of the road. I think it’s an issue. CHAIR BARNETT: Vice Chair Raspe. VICE CHAIR RASPE: Thanks, Chair. I actually have a question for Staff. Procedurally we have two issues before us and it’s one appeal. Could we as a body grant with respect to a part and deny with respect to a part? It seems to me that a consensus is building in that regard. I just want to make sure that what we’re talking about is procedurally proper. LOS GATOS PLANNING COMMISSION 6/14/2023 Item #2, 380 Blackwell Drive 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SEAN MULLIN: I believe so, and the Town Attorney will also weigh in, I’m sure, but you could also grant the appeal with an added condition to relocate the fence. VICE CHAIR RASPE: Is there a preference, Counsel? ATTORNEY WHELAN: Either way works. VICE CHAIR RASPE: Thank you so much. CHAIR BARNETT: Good question. Are we ready for a motion? I think we are. Commissioner Janoff. COMMISSIONER JANOFF: I move to approve the appeal of a Community Development Director decision to deny a Fence Height Exception and 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. I won’t go through the rest of the identifying information; it’s included in Exhibit 2. I can make the finding that this is categorically exempt for CEQA, and I can make the required finding for granting a Fence Height Exception that a special security concern exists that cannot be practically addressed without adding a vehicular gate. My motion would also request that the gate be moved back 5’ or 4’-10”, whatever the distance is, to be LOS GATOS PLANNING COMMISSION 6/14/2023 Item #2, 380 Blackwell Drive 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 code compliant and provide 18’ for a vehicle to park outside the closed gate and not hang out into Blackwell Avenue. CHAIR BARNETT: Thank you for that motion. Commissioner Hanssen. COMMISSIONER HANSSEN: I second the motion. ATTORNEY WHELAN: Before the Commission votes, just one thing. I would say that it’s conditioned on moving it back 5’ as opposed to making it a request. COMMISSIONER JANOFF: The maker of the motion accepts that change in language that it is conditioned upon moving the gate back. COMMISSIONER HANSSEN: The seconder accepts that as well. CHAIR BARNETT: Commissioner Thomas. COMMISSIONER THOMAS: You said a vehicular gate, but I also think that we should add that the height needs to exceed the 3’ maximum also. COMMISSIONER JANOFF: Yes, the maker of the motion accepts that change that we also approve the existing height of the existing gate. COMMISSIONER HANSSEN: I agree, but I think you already said that in your motion. LOS GATOS PLANNING COMMISSION 6/14/2023 Item #2, 380 Blackwell Drive 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR BARNETT: All right, so we do have a motion and a second. Discussion? Commissioner Burnett. COMMISSIONER BURNETT: Yes, thank you. Do you need to add to the motion the side fence added on to the left of the gate if the gate is moved back? COMMISSIONER JANOFF: I would personally say no, that’s at the discretion of the homeowner. Clearly they’re going to want to add that side. But I do have a question whether we need to talk about the Variance of the setback. ATTORNEY WHELAN: I would probably amend the motion to say it’s conditioned on moving the fence back 5’ and a Variance from the 25’ requirement is approved. JENNIFER ARMER: And I would add that it would be granting a Fence Height Exception for the fence within that front setback to be greater than the 3’ limitation, and that that includes additional connecting fencing because of the relocation of the gate. COMMISSIONER JANOFF: The maker of the motion accepts that language. COMMISSIONER HANSSEN: I do as well. CHAIR BARNETT: Commissioner Clark. COMMISSIONER CLARK: Thank you. I just wanted to say I personally am torn as to whether I think it’s necessary to move the gate back, but it looks to me like LOS GATOS PLANNING COMMISSION 6/14/2023 Item #2, 380 Blackwell Drive 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the general consensus from the Commission is that it does and so I’m comfortable voting that way, but I don’t necessarily think that it’s completely warranted. CHAIR BARNETT: Thank you for that comment. If there is no further discussion, I’ll call the question, and we’ll have to do the roll call this time because Commissioner Clark is not present. We’ll begin with Vice Chair Raspe. VICE CHAIR RASPE: Yes. CHAIR BARNETT: Commissioner Hanssen. COMMISSIONER HANSSEN: Yes. CHAIR BARNETT: Commissioner Thomas. COMMISSIONER THOMAS: No. CHAIR BARNETT: Commissioner Burnett. COMMISSIONER BURNETT: Yes. CHAIR BARNETT: Commissioner Janoff. COMMISSIONER JANOFF: Yes. CHAIR BARNETT: And Commissioner Clark. COMMISSIONER CLARK: Yes. CHAIR BARNETT: Thank you, and the Chair also votes for the motion, so that passes with one dissent. Are there appeal rights? Thank you. JENNIFER ARMER: Thank you, Chair. Yes, the decision of the Commission can be appealed to Town Council LOS GATOS PLANNING COMMISSION 6/14/2023 Item #2, 380 Blackwell Drive 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 by any interested person as defined by Town Code Section 29.10.020 within ten days on forms available online with fees paid. Final deadline is 4:00p.m. on the tenth day. CHAIR BARNETT: Thank you for that. (END) This Page Intentionally Left Blank