Loading...
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 S:\PLANNING COMMISSION REPORTS\2023\03-22-2023\Item 3 - George St 16185 FHE\Staff Report. 16185 George St.docx 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 S:\PLANNING COMMISSION REPORTS\2023\03-22-2023\Item 3 - George St 16185 FHE\Staff Report. 16185 George St.docx 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 S:\PLANNING COMMISSION REPORTS\2023\03-22-2023\Item 3 - George St 16185 FHE\Staff Report. 16185 George St.docx 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 S:\PLANNING COMMISSION REPORTS\2023\03-22-2023\Item 3 - George St 16185 FHE\Staff Report. 16185 George St.docx 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 S:\PLANNING COMMISSION REPORTS\2023\03-22-2023\Item 3 - George St 16185 FHE\Staff Report. 16185 George St.docx DISCUSSION (continued): C. Environmental Review The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303: 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 S:\PLANNING COMMISSION REPORTS\2023\03-22-2023\Item 3 - George St 16185 FHE\Staff Report. 16185 George St.docx 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 This Page Intentionally Left Blank RO B E R T S R D FISHER AVLOS GATOS BLMITC H E L L A VGEORGE STSHANNON RD GRANT BISHOP LN16185 George Street 0 0.250.125 Miles ° Update Notes:- Updated 12/20/17 to link to tlg-sql12 server data (sm)- Updated 11/22/19 adding centerpoint guides, Buildings layer, and Project Site leader with label- Updated 10/8/20 to add street centerlines which can be useful in the hillside area- Updated 02-19-21 to link to TLG-SQL17 database (sm) EXHIBIT 1 This Page Intentionally Left Blank S:\PLANNING COMMISSION REPORTS\2023\03-22-2023\Item 3 - George St 16185 FHE\Exhibit 2 - Required Findings and Considerations.docx 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 This Page Intentionally Left Blank S:\PLANNING COMMISSION REPORTS\2023\03-22-2023\Item 3 - George St 16185 FHE\Exhibit 3 - Recommended Conditions of Approval if 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 This Page Intentionally Left Blank 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 This Page Intentionally Left Blank 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 This Page Intentionally Left Blank 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. This Page Intentionally Left Blank Old property line New property line Old Fence Proposed Fence EXHIBIT 9 This Page Intentionally Left Blank EXHIBIT 10