PRESENTATION Appeal of Planning Commission Decision RE 380 Blackwell A-VAppeal of Planning Commission
Decision RE 380 Blackwell Drive
Electronic Gate to
Los Gatos Town Council
Lawrence (Larry) Cesnik
August 1, 2023
…from “Appeal of Planning Commission” document
dated June 14, 2023 (modified wording)
The Planning Commission’s decision is not supported by substantial evidence in the
record. The Planning Commission allowed the exception request for a higher-than-
standard electronic gate for safety reasons –but added the condition that the gate
would need to be set back an additional ~5 feet in order to prevent traffic back-up they
believed would occur as a safety issue for passing motorists.
There are several issues that I have with the
commission’s decision:
Issue 1: The statement made by one of the commissioners that
the vehicle picking up our son for his day program is likely a
van/longer vehicle –and therefore would protrude into the
street without a gate setback.
In fact, the transportation company with which we contract –Union
Taxi –picks up in our son in compact/medium size sedans or SUVs-
which fit between the the “outer lip” of the curb and gate without
protrusion.
The photos on the following slide support this statement.
Views of Union Taxi vehicle between curb and
gate at 380 Blackwell Drive
Issue 2: The assumption that there will be a “queuing/backup
hazard” when we exit or enter the gate due to the delay in
opening it.
In fact –as I explained to the commission, our plan is to avoid this
problem by
a) waiting to back out until the gate is sufficiently open and
b) before approaching the for entering, opening it remotely (via manual
control in car) early enough (it has a good range) so that it is sufficiently
open when we are in front of the driveway.
The videos on the following slides illustrate that this is feasible
380 Blackwell Drive –Backing Out of Driveway
after Electronic Gate Is Open –no delays as I back
out of driveway at normal speed
https://cvws.icloud-content.com/B/AWX6ogsqF6mfki
79ipabSy4BsuubAcLnNey8DdYzD
WZ-
vRnEsNIjNpXN/IMG_1981.MOV?o=AsElk9Nb0vXB8AcIUoHvKRcAMdatjQypCNfiCsk4Mh85&v=1&x=3&a=CAog-pFYlq45dA4k-PVADuB0-H90s1o5CxFWI0RIQkwHrnoSehCMmeC9mTEYjKnbkaMxIgEAKgkC6AMA_26ViCBSBAGy65taBCM2lc1qJ0ZheKBl15ngBLRT6lHel-LXM5PckDWm9uPLdI8ldPjUyTvV4UKMqnInN2Au-yOKruzrZpWV41X_IpcCDOjQEcvU
FZR0LotSRJSL2dpj77h9&e=16930
59568&fl=&r=7A854FB8-2438-
4857-8455-E56D11E8230F-1&k=iufxIeEN2Hxgmz0LFpAK7w&ckc=com.apple.largeattachment&ckz=F54C56FB-52A0-4A86-8574-80B152C0BC38&p=34&s=Thz5pM4xG1feuy47ToA10LV0fdQ&teh=1&+=f7493d2f-8361-4bb2-a109-df33312c3c10
Opening gate remotely from National Avenue
southbound –no delays as I enter driveway
https://cvws.icloud-content.com/B/AVQdFjmE9o_RV8Y2w5tVZmn8DyJNAd48UMs_2lI6tLknl_ItJ3fTcJ7a/IMG_1985.MOV?o=AmSkC0Gnu1xDszT8BA3W4DninJH8QfPeH96_JYdSPIv8&v=1&x=3&a=CAogpDZJ3EXqaNT8VxwwMpk0AKm4a0V_8yBZcRaj1Ml6VpwSehDxgua9mTEY8ZLhkaMxIgEAKgkC6AMA
_2E9QshSBPwPIk1aBNNwntpqJ4N
FEGQHaMkUSGdXLfhamlzITPXcActvgN7PYao-TWdNsiVer-tm-HIncArrXnQws9iayjRv4aA3ZmdnHPzGWG6FHuGQrHfw-IuD-Q4BlQe2&e=1693059664&fl=&r=9F6D2C9E-C61D-44B6-A44E-0DACF009CF36-1&k=UGfkjEO_lJM94ZEq5w4hjA&ckc=com.apple.largeattachment&ckz=F54C56FB-52A0-4A86-8574-80B152C0BC38&p=34&s=XYcl1jP6
yn3XDbo3la9NbpcheZE&teh=1&+
=e6354b38-9291-4c7a-aaca-
7ca173e2963f
Opening gate remotely from National Avenue
northbound –no delays as I enter driveway
https://cvws.icloud-content.com/B/AQuJNrKbmXQ80Xy-FvfwDgfQ_aPTAR36aA-Ync_7oyOcup8zUkadk4A7/IMG_1218.MOV?o=AhNdFXqWlBSUHPl7ZJnkE7QE
MLndvmlibIjqsWpTJpBc&v=1&x=3&a=CAog_s1c_vB41nzvGs1eW8CKQNw3I5uXPvF5a5sLycqkNLISehDMx--
9mTEYzNfqkaMxIgEAKgkC6AMA_x787chSBND9o9NaBJ2TgDtqJ2mBHTpO564w
ahMGG8qHQWMNb-7HqUbvtQHtF39lVHLH-9xl8Jx6Z3In_Wm9mcZg-
4kJbSrbASujfyXT9NOviRRvSVyw6xKRL9mPr1V4ESJg&e=1693059820&fl=&r=58
973C14-3F0D-4EDE-82EF-BDF9D69A3B09-1&k=Jq6cDuXCvaiF_dOnGq59bA&ckc=c
om.apple.largeattachment&ckz=F54C56FB-52A0-4A86-8574-
80B152C0BC38&p=34&s=BfKY7xEQfQN2O3__iqP6Tq8LKd8&teh=1&+=b2fac099-9cb1-4775-b670-d29935403a09
Issue 3: With a gate setback of 5 feet and need to
park 2 cars, we would have very limited space to
maneuver our vehicles
Current distance from front of ADU to gate = 25 feet
Proposed distance from front of ADU to gate =20 feet
Length of vehicle 1 = 14 feet, 4 inches
Length of vehicle 2 = 14 feet, 2 inches
This leaves just a few feet of leeway and defeats the purpose of having a
“driveway” to be able to move vehicles around as needed. It essentially “traps
us” into a very confined space
Photos of vehicle 1 parked with “simulated
gate set back 5 feet*” behind it
*front of recycling bin is 5 feet
in from current electronic gate location
Issue 4: the 5 feet setback will increase risk to our
son by shortening the amount of time for him to
reach the gate during any potential “bolt”
•The 5 feet setback would put our son approximately 1 second closer
to the gate should he decide to climb over it
25 feet
20 feet
Issue 5: The requested gate setback of 5 feet will
disrupt the aesthetics and environment of our
home, yard and neighborhood that we have
worked so hard and invested into to improve
THANK YOU FOR YOUR TIME