Attachment 8 - Draft Resolution to Grant the Appeal and Approve the Project Removing Added Conditions
DRAFT RESOLUTION
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING 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
ATTACHMENT 8
Draft Resolution to
be modified by Town
Council deliberations
and direction.
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
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 with 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, and
WHEREAS, the Town Council finds as follows:
A. The Town Council finds that 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.
B. The Town Council finds the following, in accordance with Town Code section
29.40.0320 (b):
1. A special security concern exists that cannot be practically addressed through
alternatives.
2. A special circumstance exists where strict enforcement of these regulations would
result in undue hardship.
C. The Town Council finds the following, in accordance with Town Code section
29.20.275:
1. The Planning Commission decision was lacking important information. The
appellant demonstrated that vehicles would not encroach upon the roadway or
sidewalk when entering or exiting the driveway through the vehicular gate.
Additionally, the appellant demonstrated that relocating the vehicular gate to
meet the required setback from the roadway would make it difficult to park
vehicles between the residence and the vehicular gate.
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 granted. 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 removed.
2. The Town Council hereby approves the fence height exception with conditions of
approval set forth in Exhibit A and the development plans in Exhibit B.
3. 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 ___ day of ________, 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: ___________________