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2023-043 - Granting an Appeal of the PLanning Commission Decision to Approve a Fence Height Exception Request for Construction of an Automated Vehicular Gate at 380 Blackwell DriveRESOLUTION 2023-043 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 1 of 4 Resolution 2023-043 August 15, 2023 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. 2of4 Resolution 2023-043 August 15, 2023 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. 3 of 4 Resolution 2023-043 August 15, 2023 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 15th day of August, 2023, by the following vote: COUNCIL MEMBERS: AYES: Mary Badame, Matthew Nudes, Rob Moore, Rob Rennie, Mayor Maria Ristow NAYS: None ABSENT: None ABSTAIN: None SIGNED: b.WiL_O"vv,, MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: 4g--f (O -2 3 ATTEST: /130•01{ TOWN C K OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: Pj-\1-a'S 4of4 Resolution 2023-043 August 15, 2023 TOWN COUNCIL - August 15, 2023 CONDITIONS OF APPROVAL 308 Blackwell Drive Fence Height Exception FHE-23-002 Consider an Appeal of a Community Development Director Decision to Deny 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. Located at 380 Blackwell Drive. APN 424-12-027. Categorically Exempt Pursuant to CEQA Guidelines Section 15303 (e): New Construction or Conversion of Small Structures. Fence Height Exception Application FHE-23-002. PROPERTY OWNER: Larry Cesnik and Martha Johnson. APPELLANT: Larry Cesnik. APPLICANT: Ramin Zohoor. PROJECT PLANNER: Sean Mullin. 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, unless the approval has been vested. 3. BUILDING PERMIT: The proposed vehicular gate requires a Building Permit. 4. VEHICULAR GATE: The vehicular gate must open inward, towards the residence or slide parallel to the street. 5. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement ("the Project") from the Town shall defend (with counsel approved by Town), indemnify, and hold harmless the Town, its agents, officers, and employees from and against any claim, action, or proceeding (including without limitation any appeal or petition for review thereof) against the Town or its agents, officers or employees related to an approval of the Project, including without limitation any related application, permit, certification, condition, environmental determination, other approval, compliance or failure to comply with applicable laws and regulations, and/or processing methods ("Challenge"). Town may (but is not obligated to) defend such Challenge as Town, in its sole discretion, determines appropriate, all at applicant's sole cost and expense. Applicant shall bear any and all losses, damages, injuries, liabilities, costs and expenses (including, without limitation, staff time and in-house attorney's fees on a fully -loaded basis, attorney's fees for outside legal counsel, expert witness fees, court costs, and other litigation expenses) arising out of or related to any Challenge ("Costs"), whether incurred by Applicant, Town, or awarded to any third party, and shall pay to the Town upon demand any Costs incurred by the Town. No modification of the Project, any application, permit certification, condition, environmental determination, other approval, change in applicable EXHIBIT A laws and regulations, or change in such Challenge as Town, in its sole discretion, determines appropriate, all the applicant's sole cost and expense. No modification of the Project, any application, permit certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in processing methods shall alter the applicant's indemnity obligation. Building Division 6. PEDESTRIAN GATE REQUIRED: Identify the location of the required pedestrian gate. 7. PEDESTRIAN GATE: For pedestrian access in the vicinity of an automated gate, a separate pedestrian gate shall be provided. The pedestrian gate shall be installed in a location such that a pedestrian shall not come in contact with a moving vehicular access gate. A pedestrian gate shall not be incorporated into an automated vehicular gate panel. S:\COUNCIL REPORTS\2023\08-15-23\380 Blackwell Drive\Attachment 8, Exhibit A - Conditions of Approval.docx < a COVER SHEET q O Q BLACKWELL DR, RESIDENCE LOS GATOS, CA PROJECT CONTACT: VICINITY MAP: PROJECT DATA: DRAWING INDEX: iY BUILDER NOTES ABBREVIATIONS: SCOPE OF WORK: CALCULATION: 110 /Hifi ill !lib Lit” 5 1 Al Nilig_iiii MUM RIL 1` R $� 4.0112 g g PI gas iii it ga:>Igli i W go e5 Rs lli "iih 3: g P 14§11 illilligh Phig; Oil- A if ig alit o !!!!!!1111 ligi ildhl lignf e W UJ w P o 1< z a w H 11 GRADING and DEMO NOTES: z w (D w 133d Z0.09 4mON-Y1VNM LV 1.100111V110HlY O .12 1- w 0 NONNI ONAVAl3W1013) 6 .01 Ai § ;11 a a gi e ./ z 11 _1 I p p0 ;ii . a �01!to Le TREE PROTECTION NOTES: aff OW,g t to NOI Aglif 133d 00l Pa 4 1ra A �� 0g f�� �y gQ r, k r � g ysW 0 gligve010 XR leg 4g 1250 ltgv W� . xxas h- ill yi I: a gw.1: ip