Attachment 7 - Draft Resolution to Deny the Appeal and Uphold the PC DescisionATTACHMENT 7
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF THE PLANNING COMMISSION DECISION TO APPROVE 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. APN 424-12-027 FENCE HEIGHT EXCEPTION APPLICATION: FHE-23-002
PROPERTY LOCATION: 380 BLACKWELL DRIVE
PROPERTY OWNERS: LARRY CESNIK AND MARTHA JOHNSON
APPELLANT: LARRY CESNIK
APPLICANT: RAMIN ZOHOOR
WHEREAS, on September 13, 2022, the Town issued an administrative warning for a code
violation at 380 Blackwell Drive for the unpermitted construction of a vehicular gate that exceeds
the three-foot height limitation for a gate located in the required front yard and the traffic view
area; and does not meet the required 18-foot setback from the edge of the street. The Town
requested that the property owner apply for a Building Permit and indicated that the Town Code
offers an exception process that allows for deviations from the Town’s fence regulations if
appropriate findings can be made; and
WHEREAS, on February 6, 2023, the property owner applied for an exception to the
Town’s fence regulations for the unpermitted construction of a vehicular gate on the subject
property that does not comply with the Town Code fence regulations for height and setbacks;
and
WHEREAS, on March 6, 2023, the Town denied the exception request because the
findings listed in Town Code Section 29.40.0320 could not be made; and
WHEREAS, on March 8, 2023, the decision of the Community Development Director to
deny the exception request was appealed to the Planning Commission; and
WHEREAS, on June 14, 2023, the Planning Commission held a duly-noticed public hearing
and considered an appeal of the Community Development Director denial of an exception to the
Town’s fence regulations for unpermitted construction of a vehicular gate that exceeds the three-
foot height limitation for a gate located in the required front yard and the traffic view area; and
Draft Resolution to
be modified by Town
Council deliberations
and direction.
does not meet the required 18-foot setback from the edge of the street; and
WHEREAS, on June 14, 2023, the Planning Commission granted the appeal, approving an
exception to the Town’s fence regulations by making the required findings that a special security
concern exists that cannot be practically addressed through alternatives and that a special
circumstance exists where strict enforcement of the fence regulations would result in an undue
hardship; and
WHEREAS, the facts in the record that support the findings include the information
provided by the appellant at the Planning Commission hearing, detailing the security concerns;
and
WHEREAS, the Planning Commission’s approval included additional conditions requiring
that the vehicular gate be relocated to comply with the 18-foot setback required by the Town
Code and that any additional fencing needed between the relocated vehicular gate and the
existing property line fencing be no taller than the height of the existing adjacent fencing; and
WHEREAS, on June 21, 2023, the appellant, an interested person, filed a timely appeal of
the decision of the Planning Commission approving the exception the Town’s fence regulations
with additional conditions; and
WHEREAS, this matter came before the Town Council for public hearing on August 1,
2023, and was regularly noticed in conformance with State and Town law; and
WHEREAS, the Town Council received testimony and documentary evidence from the
appellant and all interested persons who wished to testify or submit documents. The Town
Council considered all testimony and materials submitted, including the record of the Planning
Commission proceedings and the packet of material contained in the Council Agenda Report for
their meeting on August 1, 2023, along with any and all subsequent reports and materials
prepared concerning this application.
WHEREAS, the Town Council was unable to make the findings required to grant an
appeal of a decision of the Planning Commission, in accordance with Town Code section
29.20.275, with the Town Council finding the following:
1. There was not an error or abuse of discretion by the Planning Commission; and
2. The Planning Commission decision is supported by substantial evidence in the record.
NOW, THEREFORE, BE IT RESOLVED:
1. The appeal of the decision of the Planning Commission decision to approve an
exception the Town’s fence regulations with additional conditions is denied. The conditions
added in the Planning Commission’s decision requiring that the vehicular gate be relocated to
comply with the 18-foot setback required by the Town Code and that any additional fencing
needed between the relocated vehicular gate and the existing property line fencing be no taller
than the height of the existing adjacent fencing are upheld.
2. The decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los
Gatos. Any application for judicial relief from this decision must be sought within the time limits
and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such
shorter time as required by state and federal Law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 1st day of August 2023, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ___________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ___________________
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