Desk Item with Exhibit 11.380 Blackwell Drive
PREPARED BY: SEAN MULLIN, AICP
Senior 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: 6/14/2023 ITEM NO: 2 DESK ITEM
DATE: June 13, 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 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.
REMARKS:
Exhibit 11 includes additional justification for the vehicular gate from the appellant.
The following information is provided in response to Planning Commissioner questions
regarding the appeal.
1. Is it feasible for the homeowner to submit an application for reasonable accommodation
based on his disabled son and for this hearing to be continued for a period of time to allow
him to do so?
STAFF RESPONSE: An application for reasonable accommodation is a separate application
independent of the application for the fence height exception. The reasonable
accommodation application has its own set of application requirements and is decided upon
by the Community Development Director. The Planning Commission’s action on the appeal
of the denial of the fence height exception application would have no impact on the
property owner’s ability to apply for reasonable accommodation in the future.
2. Is there a written report or memorandum from Public Works concerning the impairment of
the view caused by the excessive gate height of one-foot and three-inches?
PAGE 2 OF 2 SUBJECT: 380 Blackwell Drive/FHE-23-002 DATE: June 14, 2023
REMARKS (continued):
STAFF RESPONSE: The Town’s Senior Engineer reviewed the proposed fencing and found
that the gate would need to be set back a minimum of 18 feet from the edge of the
adjacent street (face of curb) because of the driveway’s location near a busy street and the
determination that added queue time of cars waiting to enter the property is considered a
nuisance and unnecessary risk.
3. Why are certain portions of the fence deemed existing nonconforming, but not the gate?
STAFF RESPONSE: Pursuant to Section 29.40.0325 of the Town Code, all fences, gates, etc.
existing on the effective date of the ordinance are exempt from the regulations and may be
maintained and/or replaced in kind. The existing nonconforming portions of fencing and
gates on the property existed prior to effective date of the current fence regulations in
September 2019. The gate that is the subject of this appeal was constructed after the new
fence regulations went into effect.
4. Is there data on the traffic load on Blackwell?
STAFF RESPONSE: Traffic volume data was not gathered for analysis of the fence height
exception application. This level of review is not typical for this type of application.
EXHIBITS:
Previously received with the June 22, 2022, Staff Report:
1. Location Map
2. Required Finding
3. Recommended Conditions of Approval if Appeal is Granted
4. Administrative Warning/Citation VL-22-465, dated September 9, 2022
5. Exception Request – Letter of Justification
6. Fence Height Exception Denial Letter, dated March 6, 2023
7. Appeal of the Community Development Director Decision, received March 8, 2023
8. Annotated Site Plan Prepared by Staff
9. Public Comments received before 1100 a.m., Friday June 9, 2023
10. Project Plans
Received with this Desk Item Report:
11. Additional Justification for Vehicular Gate from the Appellant
From: Lawrence Cesnik <l >
Sent: Tuesday, June 13, 2023 11:37 PM
To: Sean Mullin <SMullin@losgatosca.gov>
Subject: FME-23-002 - Email #9 - 380 Blackwell Dr - Physician Report
[EXTERNAL SENDER]
Dear Sean:
I am submitting a few additional emails as documentation for my case:
The first (attached) is our son Martin Cesnik’s physician report RE safety concerns.
Sincerely
Larry Cesnik
EXHIBIT 11
From: Lawrence Cesnik <>
Sent: Tuesday, June 13, 2023 11:39 PM
To: Sean Mullin <SMullin@losgatosca.gov>
Subject: FME-23-002 Email #10: Martin Cesnik's Individualized Program Plan including references to
safety concerns
[EXTERNAL SENDER]
Dear Sean:
Please find attached our son Martin Cesnik’s Individualized Program Plan (from the
San Andreas Regional Center) including several references to safety concerns.
Sincerely,
Larry Cesnik
From: Lawrence Cesnik <>
Sent: Tuesday, June 13, 2023 11:40 PM
To: Sean Mullin <SMullin@losgatosca.gov>
Subject: FME-23-002 - EMail #11 - Photos of Martin Cesnik ADU (380 Blackwell Dr) vis-a-vis sidewalk and
street
[EXTERNAL SENDER]
Dear Sean,
Please find attached below two photos to help illustrate the safety concerns of our
son’s ADU placement near the driveway, sidewalk and street – which motivated the
need for an electronic gate as a barrier.
Sincerely,
Larry Cesnik
Larry Cesnik