04 Staff Report.124 Garden Hill w attachment
PREPARED BY: Jennifer Armer
Planning Manager
__________________________________________________________________________________________
Reviewed by: Assistant Town Manager, Town Attorney, and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 2/6/2024 ITEM NO: 4
DATE: February 1, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Remanding Decision to Deny a Fence Height Exception
Request at 124 Garden Hill Drive for the Construction of a Six-Foot Tall Fence
Located Within the Required Front Yard Setback, Street Side Yard Setback,
and Corner Sight Triangle on Property Zoned R-1:8 to the Planning
Commission for Further Consideration. APN 424-23-084. Fence Height
Exception Application FHE-23-005. Categorically Exempt Pursuant to CEQA
Guidelines Section 15303: New Construction or Conversion of Small
Structures and Section 15301: Existing Facilities.
Property Owner: Rushikesh Kulkarni. Applicant/Appellant: Martin Lettunich.
Project Planner: Ryan Safty.
RECOMMENDATION:
Adopt a resolution (Attachment 7) remanding a Planning Commission decision to deny a fence
height exception request at 124 Garden Hill Drive for the construction of a six-foot tall fence
located within the required front yard setback, street side yard setback, and corner sight
triangle on property zoned R-1:8 and to the Planning Commission for further consideration in
light of new information provided by the appellant with his appeal.
DISCUSSION:
On January 16, 2024, Town Council voted unanimously, based on new information, to continue
to a date certain of February 6, 2024, and directed staff to prepare a resolution to remand the
item back to the Planning Commission for the Council’s adoption. Adoption of the attached
resolution (Attachment 7) would finalize that decision.
PAGE 2 OF 2 SUBJECT: 124 Garden Hill Drive/FHE-23-005 DATE: February 1, 2024
ENVIRONMENTAL ASSESSMENT:
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 and Section 15301: Existing Facilities.
ATTACHMENTS:
Previously received with the January 16, 2024 Staff Report:
1.November 8, 2023, Planning Commission Staff Report, with Exhibits 1 through 12
2. November 8, 2023, Planning Commission Desk Item, with Exhibit 13
3.November 8, 2023, Planning Commission Verbatim Minutes
4.Appeal of the Planning Commission decision, received November 17, 2023
5.Revised Justification Letter
6.Draft Resolution to Deny the Appeal and Deny the Project
Received with this Staff Report:
7.Draft Resolution to Grant the Appeal and Remand to Planning Commission
ATTACHMENT 7
DRAFT RESOLUTION 2024-___
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS REMANDING THE PLANNING COMMISSION DECISION TO DENY A FENCE HEIGHT EXCEPTION REQUEST FOR CONSTRUCTION OF A SIX-FOOT TALL FENCE LOCATED WITHIN THE REQUIRED FRONT YARD SETBACK, STREET SIDE YARD SETBACK, AND CORNER SIGHT TRIANGLE ON PROPERTY ZONED R-1:8 TO THE PLANNING COMMISSION FOR FURTHER CONSIDERATION. APN 424-23-084
FENCE HEIGHT EXCEPTION APPLICATION: FHE-23-005
PROPERTY LOCATION: 124 GARDEN HILL DRIVE
PROPERTY OWNER: RUSHIKESH KULKARNI
APPELLANT/APPLICANT: MARTIN LETTUNICH
WHEREAS, on August 4, 2023, the Town issued an administrative warning for a code
violation at 124 Garden Hill Drive for an unpermitted six-foot tall fence at the corner of Garden
Hill Drive; and
WHEREAS, on September 7, 2023, the property owner applied for an exception to the
Town’s fence regulations for the unpermitted six-foot tall fence at the corner of Garden Hill Drive;
and
WHEREAS, on September 27, 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 October 5, 2023, the decision of the Community Development Director to
deny the exception request was appealed to the Planning Commission; and
WHEREAS, on November 8, 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 Town’s fence regulations for an unpermitted six-foot tall fence in the required
front yard setback, street side yard setback, and traffic view area at the corner of Garden Hill
Drive; and
WHEREAS, on November 8, 2023, the Planning Commission denied the appeal, upholding
the Community Development Director denial of the exception request; and
WHEREAS, on November 17, 2023, the appellant, an interested person, filed a timely
appeal of the decision of the Planning Commission; and
Draft Resolution to
be modified by Town
Council deliberations
and direction.
WHEREAS, this matter came before the Town Council for public hearing on December 19,
2023, and was regularly noticed in conformance with State and Town law; and
WHEREAS, on December 19, 2023, the Town Council continued the public hearing to a
date certain of January 16, 2024; 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 January 16, 2024, along with any and all subsequent reports and materials
prepared concerning this application.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission decision to deny an exception the Town’s fence regulations
is remanded to the Planning Commission for further consideration based on new information.
2. The decision does not constitute a final administrative decision and the application will
be returned to Planning Commission for further consideration.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 6th day of February 2024, 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: ___________________