Item 3.Staff Report with Exhibits 1-10. 16185 George St
PREPARED BY: RYAN SAFTY
Associate 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: 3/22/2023
ITEM NO: 3
DATE: March 17, 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 a Six-Foot Tall Fence
Located Within the Required Front Yard Setback on Property Zoned R-M:5-12.
Located at 16185 George Street. APN 529-18-046. Fence Height Exception
Application FHE-22-008. PROPERTY OWNER/APPELLANT: Antony Jayaraj
Alappat. APPLICANT: Sandra Paim. PROJECT PLANNER: Ryan Safty.
RECOMMENDATION:
Deny the appeal of a Community Development Director decision to deny a fence height
exception request for construction of a six-foot tall fence within the required front yard setback
on property zoned R-M:5-12, located at 16185 George Street.
PROJECT DATA:
General Plan Designation: Medium Density Residential
Zoning Designation: R-M:5-12 – Multiple-Family Residential
Applicable Plans & Standards: General Plan, Residential Design Guidelines
Parcel Size: 8,207 square feet
Surrounding Area:
Existing Land Use General Plan Zoning
North Commercial Mixed Use Commercial CH
South Residential Medium Density Residential R-M:5-12
East Residential Mixed Use Commercial CH:PD
West Residential Medium Density Residential R-M:5-12
PAGE 2 OF 7
SUBJECT: 16185 George Street/FHE-22-008
DATE: March 17, 2023
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CEQA:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act, Section 15303: 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: New
Construction or Conversion of Small Structures.
ACTION:
The decision of the Planning Commission is final unless appealed within ten days.
BACKGROUND:
The subject property is located at the corner of Roberts Road and George Street, one block east
of Fisher Middle School (Exhibit 1). The Laurel Mews Residential Planned Development is
across George Street, to the east, and commercial properties are across Roberts Road, to the
north. The rest of the immediate neighborhood are residential uses.
The subject property was previously occupied by a pre-school. On October 6, 2020, an
Architecture and Site Application was approved for a new single-family residence on the
property. The Architecture and Site Application established the frontage on Roberts Road as
the front-yard and the George Street frontage as the street-side yard. The construction of the
new residence is nearly completed.
On December 9, 2022, the Town received an application for a fence height exception request to
construct a six-foot tall fence within the front yard setback, along Roberts Road. The project
plans are provided as Exhibit 4, and the Letter of Justification for the exception is provided as
Exhibit 5.
On February 14, 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 to
support the request (Exhibit 7).
On February 24, 2023, the property owner appealed this decision to the Planning Commission
(Exhibit 8).
PAGE 3 OF 7
SUBJECT: 16185 George Street/FHE-22-008
DATE: March 17, 2023
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PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The subject property is located at the corner of Roberts Road and George Street, one block
east of Fisher Middle School (Exhibit 1). The Laurel Mews Residential Planned Development
is across George Street, to the east, and commercial properties are across Roberts Road, to
the north. The rest of the immediate neighborhood are residential uses.
B. Project Summary and Zoning Compliance
The property owner is appealing the Community Development Director decision to deny a
fence height exception request for the construction of a six-foot tall wooden fence within
the required front yard setbacks along Roberts Road.
DISCUSSION:
A. Fence Height Exception
The property owner requested a fence height exception for construction of a six-foot tall
wooden fence along the front property line, adjacent to Roberts Road. The fence would be
six feet tall, with the top 20 percent of the fence being open lattice mater ial, as shown in
Exhibit 4.
The previous pre-school use had vehicular access off Roberts Road. Adjacent to the
driveway and along Roberts Road was an approximately four-foot tall, open-view, iron
fence with five-foot tall wooden posts (Exhibit 10). With the 2020 Architecture and Site
Application for a new two-story single-family residence, the driveway access was moved to
George Street, with the Roberts Road frontage becoming the front yard area. As a
condition of approval to the Architecture and Site Application, the owners were required to
dedicate 10 feet of the Roberts Road frontage to the Town for right-of-way purposes. The
location of the previous fence was approximately five feet in front of the new property line,
within the Town’s new right-of-way area. The proposed new six-foot fence would be along
the new front property line. Staff created an exhibit comparing th e previous fence location
and design to the current proposal, which is provided as Exhibit 9.
Per Town Code Section 29.40.0315, fences and gates are limited to six feet in height with
one foot of lattice on top (seven feet total), but are limited to, “three feet in height when
located within a required front or side yard abutting a street, driveway view are a, traffic
view area, or corner sight triangle unless an exception is granted by the Town Engineer and
Community Development Director.” The proposed fence is limited to three feet by Code, as
it is within the required front yard setback. Although this is a corner lot, the proposed fence
is not within a driveway view area, traffic view area, or corner sight triangle.
PAGE 4 OF 7
SUBJECT: 16185 George Street/FHE-22-008
DATE: March 17, 2023
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DISCUSSION (continued):
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:
(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 Letter of Justification (Exhibit 5) cited condition (d) related to security, stating that the
owners are concerned about the safety and liability due to the sidewalk area being used as
a school pick up area and kids may climb over or sit on the fence if it was only three feet
tall. Staff did not feel that this was a special security concern. The owners also verbally
referenced the fence heights and locations at the Laurel Mews Residential Planned
Development across the street as justification; however, neighborhood compatibility is not
one of the listed conditions for fence height exception approval.
The Community Development Department denied the fence height exception on February
14, 2023 (Exhibit 7) for the reasons outlined above.
PAGE 5 OF 7
SUBJECT: 16185 George Street/FHE-22-008
DATE: March 17, 2023
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DISCUSSION (continued):
B. Appeal Analysis
The Decision of the Community Development Director to deny the fence height exception
was appealed on February 24, 2023 (Exhibit 8).
In addition to the reasoning provided in the Letter of Justification (Exhibit 5), the property
owner provided three additional justification points in the appeal packet (with
corresponding pictures), provided below:
1. This is the side/rear fence of the house. Neighboring residences (built in 2013) have
exactly the same side/rear fence, so this is not out of character for the location;
2. This helps with privacy since across the street there are commercial properties
including car shops; and
3. The proposed fence with a 10-foot distance from the street replaces an open-view
metal fence (roughly six feet high) which was taken down.
Regarding the first point in the appeal packet, this is not the side /rear fence as the
Architecture and Site Application established the front yard in this area along Roberts Road.
The 20-foot rear yard area is to the south of the new residence and attached garage.
Although neighboring properties in the Laurel Mews Residential Planned Development have
similar fences as to what is proposed with this exception, they are a part of a Planned
Development that supersedes the Zoning Code and were built in 2013, prior to the 2019
update to the Town’s fence regulations.
Regarding the second point, there is a commercial use with a large parking lot directly to
the north, across Roberts Road. Town Code Section 29.40.0320(a) allows eight-foot
perimeter fences or walls when adjacent to commercial property if agreed upon by a
majority of the adjacent residential property owners. In this case, the commercial property
is across the street and not immediately adjacent to a commercial property. This exception
is generally used to build eight-foot masonry walls when residential properties back up to
commercial property to ensure safety, privacy, and noise attenuation.
Regarding the final point, a fence existed within a foot or so from the existing sidewalk prior
to the Architecture and Site Application approval. The fence is no longer existing, so staff
could not take measurements, but it appears to be a roughly three to four-foot tall open-
view rod-iron fence with wooden posts roughly one foot higher. This fence was removed,
and the area of the previous fence has since been dedicated to the Town as required by the
Architecture and Site Application. Town Code Section 29.40.0325 (Exemptions) allows an
existing non-conforming fence to be maintained and/or replaced in kind; however, the
location, height, and design has changed, so this would not be an in-kind replacement.
PAGE 6 OF 7
SUBJECT: 16185 George Street/FHE-22-008
DATE: March 17, 2023
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DISCUSSION (continued):
C. Environmental Review
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15303: 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. At the time of preparation of this report, no public comment has been received.
CONCLUSION:
A. Summary
The property owner is requesting that the Planning Commission reconsider the Community
Development Director’s decision to deny the fence height exception to allow a new six-foot
tall wooden fence within the required front yard setback.
B. Recommendation
Staff recommends that the Planning Commission deny the appeal of the Community
Development Director decision to deny the fence height exception application 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 finding 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: 16185 George Street/FHE-22-008
DATE: March 17, 2023
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EXHIBITS:
1. Location Map
2. Required Finding
3. Recommended Conditions of Approval if Appeal is Granted
4. Project Plans, Received January 30, 2023
5. Letter of Justification, Received January 30, 2023
6. Neighborhood Outreach Summary, Received January 30, 2023
7. Fence Height Exception Denial Letter, Dated February 14, 2023
8. Appeal of the Community Development Director Decision, Received February 24, 2023
9. Diagram Showing Existing and Proposed Fence Design and Location
10. Pictures of Subject Property – Current Conditions and 2019 Conditions
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FISHER AVLOS GATOS BLMITC
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VGEORGE STSHANNON RD
GRANT BISHOP LN16185 George Street
0 0.250.125 Miles
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Update Notes:- Updated 12/20/17 to link to tlg-sql12 server data (sm)- Updated 11/22/19 adding centerpoint guides, Buildings layer, and Project Site leader with label- Updated 10/8/20 to add street centerlines which can be useful in the hillside area- Updated 02-19-21 to link to TLG-SQL17 database (sm)
EXHIBIT 1
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PLANNING COMMISSION – March 22, 2023
REQUIRED FINDING FOR:
16185 George Street
Fence Height Exception FHE-22-008
Consider an Appeal of a Community Development Director Decision to Deny a Fence
Height Exception Request for Construction of a Six-Foot Tall Fence Located Within
the Required Front Yard Setback on Property Zoned R-M:5-12. APN 529-18-046.
Property Owner/Appellant: Antony Jayaraj.
Applicant: Sandra Paim.
Project Planner: Ryan Safty.
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: New
Construction or Conversion of Small Structures.
EXHIBIT 2
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Appeal is Approved.docx
PLANNING COMMISSION – March 22, 2023
DRAFT CONDITIONS OF APPROVAL
16185 George Street
Fence Height Exception FHE-22-008
Consider an Appeal of a Community Development Director Decision to Deny a Fence
Height Exception Request for Construction of a Six-Foot Tall Fence Located Within
the Required Front Yard Setback on Property Zoned R-M:5-12. APN 529-18-046.
Property Owner/Appellant: Antony Jayaraj.
Applicant: Sandra Paim.
Project Planner: Ryan Safty.
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, un less the approval has been vested.
3. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that
any applicant who receives a permit or entitlement from the Town shall defend, indemnify,
and hold harmless the Town and its officials in any action brought by a third party to
overturn, set aside, or void the permit or entitlement. This requirement is a condition of
approval of all such permits and entitlements whether or not expressly set forth in the
approval and may be secured to the satisfaction of the Town Attorney.
EXHIBIT 3
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PROPOSED SITE PLAN
1/8"=1'-0"25'-0" FYSB20'-0" RYSBEX. 28' TO CTR OF R.O.W.ROBERTS R
O
A
D
EX. 20' TO
C
T
R
O
F
R
.
O
.
W
.GEORGE STREETBALCONY BALCONY
SS
SS
SSEEEEELECTR PANEL
200 A.
DEMO EX ONE STORY
WOOD STRUCTURE
CANTILEVER BAY
WINDOW
PROTECT AND MAINTAIN
EX REDWOOD TREE, TYP.
PROTECT AND MAINTAIN
EX OAK TREE, TYP.
PROTECT AND MAINTAIN
EX OAK TREE, TYP.
COVERED
PORCH...
DECK
NEW DRIVEWAY
2-STORY HOUSE
WATER METER
WWNAT GRD 373.7'
NEW RESIDENCE
~32'-0"
ATTACHED GARAGE
(UNCOVERED)
remains the sole
12-21-20
CONSTR SET
PRINTING
16185 GEORGE STREETLOS GATOS, CA 95030 A-1
PL CHK SET
PRICING SET
copyright (c) SANDRA PAIM
This document constitutes
original copyrighted
material as an instrument
architect SANDRA PAIM.
of service by the
permission of SANDRA PAIM
These documents shall not
be utilized and/or
duplicated without the
in writing. The design
PRELIM SET
property of SANDRA PAIM.NO. DATE
E
JAYARAJ RESIDENCEREVISIONX
Los Gatos, Calif. 95031-2136
408 315 1403
P.O. Box 2136
Commercial
Historical
Residential
PAIM
D
RA HC I
S NA
C
8'
T T
AR
www.sandrapaim.com
S
A
0'32'16'0'
W
SEWER LINE
G TOPOGRAPHIC CONTOUR LINE
LEGEND
WATER LINE
WALL PERIMETER
SETBACK
EX. TREE DRIP LINE
E
SS GAS LINE
ELECTRIC LINE
PROPERTY LINE
529-18-046APN
PERMEABLE PAVERS
HAND REMOVE EX.
CONCRETE DRIVEWAY
SO AS NOT TO NEGATIVELY
IMPACT THE EX OAK TREE
ROOF LEADERS TO
CONC SPLASH BLOCKS
DIRECTED TO PLANTER AREAS, TYP.
PRIVATE PATIO
DEMO EX ONE STORY
WOOD STRUCTURE SLOPE GRADE AWAY FROM
FOUNDATION 5% TO 10' AWAY, TYP.
PERMEABLE PAVERS
REQUIRING MINIMAL
EXCAVATIONUNDERGRDELECTRICAL SERVICECAN'T BAY
WINDOW
PROPOSED USE: SINGLE FAMILY RESIDENCE
MAILING ADDRESS
EMAIL
MITCHELL AVENUE
ZONING DESIGNATION: R-M: 5-12
GENERAL INFORMATIONLOS GATOS BLVDASSESSOR'S PARCEL NUMBER: 529-18-046
AVERAGE SITE SLOPE: 2%
BUILDING & SITE DATA
LAND USE: MULTI-FAMILY - MEDIUM DENSITY
EXISTING USE: SINGLE FAMILY RESIDENCE
ROBERTS ROAD
CONSTRUCTION: TYPE V-B OCCUPANCY CLASS: R-3/U
PROJECT LOCATION:
16890 ROBERTS RD
PROJECT SCOPE
APPLICABLE CODES
VICINITY MAP
DEMO EXISTING SINGLE FAMILY HOME
2019 CALIFORNIA BUILDING STANDARDS CODE, CALIFORNIA
CODE OF REGULATIONS TITLE 24, PARTS 1-12, INCLUDING
LOCALLY ADOPTED ENERGY REACH CODES
16890 ROBERTS RD, LOS GATOS, CA 95032
OWNERS ANTONY AND TWINKLE JAYARAJ
AAJAYARAJ@GMAIL.COM
OWNER CONTACT INFORMATION
GEORGE STREETIMPERVIOUS COVERAGE
TOTAL
BUILDING AREAS
MAX. LOT COVERAGE ALLOWED: 40% OF NET LOT AREA = 3283.2 SF
SUB TOTAL
GARAGE
ALLOWED
GROSS AREA
LOT AREA
10' DEDICATION
NET AREA
PROPOSED
STRUCTURAL COVERAGE
EXISTING
PROPOSED
EXISTING
STRUCT. COV.
BUILDING & LOT AREAS
40%
MAX ALLOWABLE HOUSE F.A.R. - 2662 S.F.
... S.F.
... S.F.
... S.F.
D.W.PATIO WALK
MAX ALLOWABLE GARAGE F.A.R. - 747 S.F.
TOTAL(GROSS)
TOTAL
8207 S.F.
27.2%
507
3385.2
SECOND FLOOR
FIRST FLOOR 1406.8
1250
756 S.F.
8963 S.F.
32.3%FAR
6%FAR
1406.8 + 507 + 191
2656.8
1250
PROPOSED SITE COVERAGE = 2234.2 SF 27.2%
460 400 100
1104 + 300 +50 1000 200 75
1104 + 300 +50
GAR
1406.8 + 507 + 191GAR
HSE
HSE
2729
3064.8
1454
2234.2
17.7%
3283.2FISHER AVENUE(HPC APPROVED REMOVAL FROM INVENTORY SEPT 2019)
BUILD NEW TWO STORY HOME WITH ATTACHED GARAGE
UPGRADE UTILITIES; PROTECT AND MAINTAIN TREES;
10' TOWN DEDICATION (ROBERTS RD)
NEW DRIVEWAY/CURB CUT; NO GRADING
A-1 SITE PLAN, BUILDING & SITE DATA, PROJECT SCOPE,
SHEET INDEX, VICINITY MAP, CONTACT INFORMATION,
FIRE DEPARTMENT NOTES, TREE TABLE, TREE PROTECTION
A-2.1 FIRST FLOOR PLAN
A-2.2 SECOND FLOOR PLAN
A-3.1 CEILING PLAN/ ROOF PLANS
A-4.1 ELEVATIONS
A-4.2 ELEVATIONS SDN GENERAL NOTES
A-5.1 CROSS SECTIONS SD1 FRAMING DETAILS
A-6 WINDOWS/DOORS SD2 FRAMING DETAILS
E-1 MEP - FIRST FLOOR SD3 FOUNDATION DETAILS
E-2 MEP - SECOND FLOOR S1 FOUNDATION PLAN
T24-1 ENERGY REPORT S2 FLOOR FRAMING PLAN
T24-2 ENERGY REPORT S3 ROOF FRAMING PLAN
SHEET INDEX
AUTOMATIC FIRE SPRINKERS:
PER NFPA 13D & LOS GATOS AMENDMENTS
.SEE TREE PROTECTION
NOTES THIS SHEET
EXISTING TREES TO
BE SAVED, TYP.
.SEE TREE PROTECTION
NOTES THIS SHEET
EXISTING TREES TO
BE SAVED, TYP.
.SEE TREE PROTECTION
NOTES THIS SHEET
EXISTING TREES TO
BE SAVED, TYP.
TREE PROTECTION NOTES
TREE FENCING, TYP.
TREE FENCING, TYP.
NO GRADING PROPOSED
EX ONE STORY
ACCESSORY STRUCTURE
EX ONE STORY
PRE-SCHOOL BUILDING
SETBACK LINE, TYP.
COVERED+PORCHES
+0
+129.4
STRUCT. COV.+BALCONIESCOVERED+PORCHES
24" DIA EX. OAK TREE
TREE TABLE
SANTA CLARA FIRE DEPARTMENT - BUILDING PERMIT NO. B21-0029
THIS PROJECT SHALL COMPLY WITH THE CALIFORNIA FIRE (CFC) & BUILDING (CBC) CODE, 2019 EDITION, AS ADOPTED BY THE TOWN OF
LOS GATOS TOWN CODE (LGTC), CALIFORNIA CODE OF REGULATIONS (CCR) AND HEALTH & SAFETY CODE.
THE SCOPE OF THIS PROJECT INCLUDES A NEW 3164 SF TWO-STORY SINGLE FAMILY RESIDENCE WITH ATTACHED GARAGE.
1.) REVIEW OF THIS DEVELOPMENT PROPOSAL IS LIMITED TO ACCEPTABILITY OF SITE ACCESS, WATER SUPPLY AND MAY INCLUDE SPECIFIC
ADDITIONAL REQUIREMENTS AS THEY PERTAIN TO FIRE DEPARTMENT OPERATIONS, AND SHALL NOT BE CONSTRUED AS A SUBSTITUTE FOR
FORMAL PLAN REVIEW TO DETERMINE COMPLIANCE WITH ADOPTED MODEL CODES. PRIOR TO PERFORMING ANY WORK, THE APPLICANT
SHALL MAKE APPLICATION TO, AND RECEIVE FROM, THE BUILDING DEPARTMENT ALL APPLICABLE CONSTRUCTION PERMITS.
2.) AN AUTOMATIC RESIDENTIAL FIRE SPRINKLER SYSTEM SHALL BE INSTALLED (NEW ONE-FAMILY DWELLING). (SEE NOTE THIS SHEET)
3.) ALL CONSTRUCTION SITES MUST COMPLY WITH APPLICABLE PROVISIONS OF THE CFC CHAPTER 33 AND OUR STANDARD DETAIL AND
SPECIFICATION S1-7. APPROPRIATE NOTATIONS ON SUBSEQUENT PLAN SUBMITTALS WILL BE PROVIDED AS APPROPRIATE TO THE PROJECT.
4.) WATER SUPPLY REQUIREMENTS: POTABLE WATER SUPPLIES SHALL BE PROTECTED FROM CONTAMINATION CAUSED BY FIRE
PROTECTION WATER SUPPLIES. IT IS THE RESPONSIBILITY OF THE APPLICANT AND ANY CONTRACTORS AND SUBCONTRACTORS TO CONTACT
THE WATER PURVEYOR SUPPLYING THE SITE OF SUCH PROJECT, AND TO COMPLY WITH THE REQUIREMENTS OF THAT PURVEYOR. SUCH
REQUIREMENTS SHALL BE INCORPORATED INTO THE DESIGN OF ANY WATER-BASED FIRE PROTECTION SYSTEMS, AND/OR FIRE SUPPRESSION
WATER SUPPLY SYSTEMS OR STORAGE CONTAINERS THAT MAY BE PHYSICALLY CONNECTED IN ANY MANNER TO AN APPLIANCE CAPABLE OF
CAUSING CONTAMINATION OF THE POTABLE WATER SUPPLY OF THE PURVEYOR OF RECORD. FINAL APPROVAL OF THE SYSTEM(S) UNDER
CONSIDERATION WILL NOT BE GRANTED BY THIS OFFICE UNTIL COMPLIANCE WITH THE REQUIREMENTS OF THE WATER PURVEYOR OF RECORD
ARE DOCUMENTED BY THAT PURVEYOR AS HAVING BEEN MET BY THE APPLICANT(S). 2019 CFC SEC. 903.3.5 AND HEALTH AND SAFETY
CODE 13114.7
5. ADDRESS IDENTIFICATION: NEW AND EXISTING BUILDINGS SHALL HAVE APPROVED ADDRESS NUMBERS, BUILDING NUMBERS OR
APPROVED BUILDING IDENTIFICATION PLACED IN A POSITION THAT IS PLAINLY LEGIBLE AND VISIBLE FROM THE STREET OR ROAD FRONTING
THE PROPERTY. THESE NUMBERS SHALL CONTRAST WITH THEIR BACKGROUND. WHERE REQUIRED BY THE FIRE CODE OFFICIAL, ADDRESS
NUMBERS SHALL BE PROVIDED IN ADDITIONAL APPROVED LOCATIONS TO FACILITATE EMERGENCY RESPONSE. ADDRESS NUMBERS SHALL
BE ARABIC NUMBERS OR ALPHABETICAL LETTERS. NUMBERS SHALL BE A MINIMUM OF 4 INCHES INCHES (101.6MM) HIGH WITH A MINIMUM
STROKE WIDTH OF 0.5 INCH (12.7 MM). WHERE ACCESS IS BY MEANS OF A PRIVATE ROAD AND THE BUILDING CANNOT BE VIEWED FROM
THE PUBLIC WAY, A MONUMENT, POLE OR OTHER SIGN OR MEANS SHALL BE USED TO IDENTIFY THE STRUCTURE. ADDRESS NUMBERS SHALL
BE MAINTAINED. CFC SEC. 505.1.
CHANGING ACCESS FROM ROBERTS RD TO GEORGE ST WILL REQUIRE AN ADDRESS CHANGE FOR EMERGENCY RESPONSE.
AN ADDRESS CHANGE IS IN PROGRESS. (ADDRESS CHANGE NOW COMPLETE - 16185 GEORGE STREET, LOS GATOS, CA)
THIS REVIEW SHALL NOT BE CONSTRUED TO BE AN APPROVAL OF A VIOLATION OF THE PROVISIONS OF THE CALIFORNIA FIRE CODE OR OF
OTHER LAWS OR REGULATIONS OF THE JURISDICTION. A PERMIT PRESUMING TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS
OF THE FIRE CODE OR OTHER SUCH LAWS OR REGULATIONS SHALL NOT BE VALID. ANY ADDITION TO OR ALTERATION OF APPROVED
CONSTRUCTION DOCUMENTS SHALL BE APPROVED IN ADVANCE.
AUTOMATIC FIRE SPRINKERS:
PER NFPA 13D & LOS GATOS
AMENDMENTS
32" DIA
32" DIA
24'24'
EX. OAK TREE 40'32'
EX. OAK TREE 32'32'
TRUNK SIZE TYPE DRIPLINE HEIGHTSYMBOL
1
2
3
1
2
3
SEE PLAN FOR LOCATIONS
OF TREE FENCING, TYP.
SEE PLAN FOR LOCATIONS
OF DRIVEWAY REMOVAL, TYP.
TREE FENCING37337337337
3
NAT GRD 373.7'
NAT GRD 373.7'
NAT GRD 373.7'
NAT GRD 373.7'
NAT GRD 373.7'
FF 374.36'
SLAB 374.0' (APRON)
374.2' (AT WEST-BACK WALL)
PORCH 374.28'
6'6x13'0
PORCH 374.28'N20°46'00"E86.99'N65°10'00"W S20°46'00"W71.40'R=20.
0
0
L=26.
3
0
Δ=75
°
2
0'
0
0
"103.37'S54°34'00
"
E
74.26'
TREE FENCING, TYP.
PATCH CURB, GUTTER & SIDEWALK
PER TOWN STANDARDS
20'-0" SYSB
8'-0" SYSB
SETBACK LINE,
T
Y
P
..PATCH CURB, GUTTER & SIDEWALK
PER TOWN STANDARDS
18CANTILEVER BAY
WINDOW
1406.8 1.PLAN CHK RESPONSE - CYC 11 .
1 .
1 .
1 .
1 .
REQUIRED TREE
FENCING 6' HIGH 1 .
SSCO
SSCO
1 .
1 .
1 .
1 .
1 .
1 .
1 .
1 .
1 .
1 .
"PV SYSTEM 3.08kWdc" IS A "REQUIRED PV
SYSTEMS" OF THE ENERGY CALCULATIONS.
A SEPARATE BUILDING PERMIT IS REQUIRED FOR
THE PV SYSTEM THAT IS REQUIRED BY THE ENERGY
CALCULATIONS COMPLIANCE MODELING. THE
SEPARATE PV SYSTEM PERMIT MUST BE FINALED
PRIOR TO ISSUANCE OF CERTIFICATE OF
OCCUPANCY"
VERIFY THAT AN APPROVED BACKWATER
VALVE IS INSTALLED ON DRAINAGE PIPING
SERVING FIXTURES THAT HAVE FLOOD LEVEL
RIMS LESS THAN 12-INCHES ABOVE THE
ELEVATION OF THE NEXT UPSTREAM MANHOLE
PRIOR TO ENCLOSING THE WALL AND FLOOR
FRAMING, CONFIRMATION MUST BE PROVIDED
TO THE BUILDING INSPECTOR SHOWING THE
FRAMING MEMBERS DO NOT EXCEED 19%
MOISTURE CONTENT.
TO PREVENT FLOODING AT ADJACENT PROPERTIES, PROVIDE
ROOF DOWNSPOUTS TO CONCRETE SPLASH BLOCKS AND
DIRECT WATER TO PLANTING AREAS TO INSURE COMPLIANCE TO
LOCAL STORM WATER ORDINANCE. ALSO REFER TO SHEET C-2.
AT FINAL INSPECTION, A MANUAL, COMPACT DISC, WEB-BASED
REFERENCE OR OTHER ACCEPTABLE MEDIA INCLUDING ITEMS 1
THROUGH 10 IN ACCORDANCE WITH CGBSC SECTION 4.410.1
SHALL BE PLACED IN THE BUILDING
1 .
1 .03-12-211 .
1 .
INSTALL WATTLE FOR STORM
WATER DRAINAGE INFILTRATION
NEW IRRIGATED
LANDSCAPE PROPOSED
(NO TURF) 240 SF
1 .
NEW IRRIGATED
LANDSCAPE PROPOSED
(NO TURF) 240 SF
1 .
3-INCH LAYER
OF MULCH
1 .
3-INCH LAYER
OF MULCH
1 .
3-INCH LAYER
OF MULCH
1 .
3-INCH LAYER
OF MULCH
1 .
3-INCH LAYER
OF MULCH
1 .
HEAT PUMPS (AC)
WATER HEATER1.
1 .
1 .
MANAGE STORM WATER DRAINAGE
DURING CONSTRUCTION
1 .
TYP.
SLOPE GRADE AWAY FROM
FOUNDATION 5% TO 10' AWAY, TYP.
1 .
TYP.
3-INCH LAYER
OF MULCH
3-INCH LAYER
OF MULCH
2 .2.LOT MERGER & PC RESPONSE - CYC 204-28-212 .
2 .
2 .
2 .
2 .
2 .
2 .
2 .
2 .
SSCO EX. 4" SS LAT
NO SEWER PIPE WORK
WITHIN TREE DRIPLINE 3.NO SEWER PIPE WORK WITHIN TREE DRIPLINE05-26-213 .
A-O CONDITIONS OF APPROVAL
BLUEPRINT FOR A CLEAN BAY
C-1 EXISTING CONDITIONS AND LOT DEDICATION
C-2 (CIVIL) SITE PLAN
C-3 EROSION CONTROL/CONSTRUCTION SITE MANAGEMENT
C-4 GRADING & EROSION CONTROL DETAILS4.4UPDATE SHEET INDEX10-06-215 .
FENCE HEIGHT EXCEPTION:
6 FOOT HIGH WOOD FENCE
(SEE PHOTO & DETAIL)GATE LOCATION T.B.D.
5.
(20% OPEN)
FENCE HEIGHT EXCEPTION:
6 FOOT HIGH WOOD FENCE
(SEE PHOTO & DETAIL)
(20% OPEN)512-06-22 FENCE HEIGHT EXCEPTION
5 .FENCE HEIGHT EXCEPTION:
6 FOOT HIGH WOOD FENCE
(SEE PHOTO & DETAIL)
(20% OPEN)
EXHIBIT 4
6.0'
4.8'1.2'FENCE HEIGHT EXCEPTION:6.0' HIGH WOOD FENCE(20% OPEN)5.OPEN AREASHADED20%
OPEN
Joel Paulson
Planning Director
Town of Los Gatos
December 7, 2022 *Revised January 24, 2023*
RE: Fence Height exception
16185 George Street
Dear Joel,
Please accept our request for a fence height exception at Roberts Rd. based on a considerable safety
and security concern as specifically outlined in the zoning regulations for fence height exceptions.
We are proposing a 6 foot high wood fence (20% open).
We are concerned about the safety and liability due to that sidewalk area being used as a school
pick up area and the kids may climb over or sit on the fence if it was built at the required 3 foot
height. *Per Sect. 29.40.0320 exceptions, the situation demonstrates that (d) a special security
concern exists that cannot be practically addressed through alternatives.*
•See Site Plan for location and description of proposed 6 foot wood fence (20% open
•See Fence Detail ). *As measured to the top of posts*
•See Concept Photo of fence at corner of George Street and Mitchell
Please contact me with any comments or questions.
Sandra Paim Architect
(408) 315-1403
EXHIBIT 5
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To,
Ryan Safty
Community Development Department
Los Gatos CA 95030
From,
Antony & Twinkle Jayaraj
16185 George Street
Los Gatos, CA 95032
Sub: Neighborhood outreach for fence height exception FHE-22-008
Dear Mr.Safty,
We have reached out to following neighbors regarding fence height exception request FHE-
22-008 at Roberts Road.
A cover letter, fence details and site plan was mailed to following addresses on Jan 10, 2023
and we didn't receive any comments or concerns as of 01/24/2023.
1.16870 Roberts Rd, Los Gatos, CA 95032
2.16200 George St, Los Gatos, CA 95032
3.16204 George St, Los Gatos, CA 95032
4.16195 George St, Los Gatos, CA 95032
5.16900 Roberts Rd, Los Gatos, CA 95032
6.16910 Roberts Rd, Los Gatos, CA 95032
Please see the cover letter attached below.
Regards,
Antony & twinkle Jayaraj
EXHIBIT 6
Cover letter for neighborhood outreach
From,
Antony & Twinkle Jayaraj
16185 George Street
Los Gatos, CA 95032
Sub : Fence height exemption request at Roberts Road fence
Hi Neighbor,
Happy new year! We are your neighbors at 16185 George Street and have file d a fence
height exception FHE-22-008 at Los Gatos Town.
The exception request is for the Roberts Road side of the property to increase fence height
from 3 ft to 6 ft with a 20 % open view fence. The exception doesn’t affect the corner sight
angle for traffic at Roberts and George Street intersection.
Please see attached the site plan with the proposed fence details attached.
If you need more details or have comments/concerns about our plans, please contact us at
aajayaraj@gmail.com (Ph- 408 332 1085) or our architect at sandra@sandrapaim.com (Ph:-408
315 1403).
Thanks and Regards,
Antony & Twinkle Jayaraj
January 10, 2023
TOWN OF LOS GATOS
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
(408)354-6872 Fax (408) 354-7593
February 14, 2023
Sandra Paim
PO Box 2136
Los Gatos, CA 95031
RE: 16185 George Street
Fence Height Exception (FHE-22-008)
Requesting Approval for an Exception to Construct a Six (6) Foot Tall Fence Within the
Required Front Yard Setback on Property Zoned R-M:5-12. APN 529-18-046.
APPLICANT: Sandra Paim
The Los Gatos Community Development Department and Parks and Public Works Department
have reviewed the referenced application for a fence height exception pursuant to Section
29.40.0320. On February 14, 2023, the Los Gatos Community Development Department has
denied the request as the required findings (special security concern) could not be made.
PLEASE NOTE: Pursuant to Section 29.20.255 of the Town Code, this decision may be appealed
to the Planning Commission within 10 days of the denial date. Any interested person may
appeal this decision to the Planning Commission. Appeals, with the completed Appeal Form
and appeal fee payment, must be submitted within 10 days from the date of denial, or by 4:00
p.m., February 23, 2023.
If you have any questions concerning this decision, please contact Project Planner Ryan Safty at
(408) 354-6802 or via email at RSafty@losgatosca.gov.
Sincerely,
Ryan Safty
Associate Planner
N:\DEV\PLANNING PROJECT FILES\George Street\16185\FHE-22-008\Closing Documents\Action Letters\16185 George St - FHE-22-008 - Denial
Action Letter 02-14-23.docx
CIVIC CENTER
110 E. MAIN STREET
LOS GATOS, CA 95030
EXHIBIT 7
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EXHIBIT 8
Fence at 16870 Roberts Road (Next door property built in 2013)
• Fence height 6ft 4 inches
• Distance of fence from side walk – 2ft 9 inches
The proposed fence is in alignment with neighborhood character
The fence helps with privacy with Commercial activity across Roberts road. Town code
allows increased height near commercial activity zones.
Previous fence
Approximate new fence location
The fence will be around 6 ft 8 inches away from sidewal k, outside the 10ft we have
dedicated to the town for public improvement. The property line was in the middle of
the sidewalk before the dedication.
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Old property line
New property line Old Fence
Proposed Fence
EXHIBIT 9
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EXHIBIT 10