Item 4 - Staff Report with Exhibits 1 through 13 - 108 Westchester Dr
PREPARED BY: Suray Nathan
Assistant 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: 11/13/2024
ITEM NO: 4
DATE: November 8, 2024
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider an Appeal of a Community Development Director 's Decision to Deny
a Fence Height Exception Request for Construction of a Six-Foot Tall Fence
Within a Required Street-Side Setback and Traffic View Area on Property
Zoned R-1:8. Located at 108 Westchester Drive. APN 523-36-037.
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. Fence Height Exception
Application FHE-24-003. Property Owner/Applicant/ Appellant: Parul
Upadhyaya and Deepak Pandey. Project Planner: Suray Nathan.
RECOMMENDATION:
Deny the appeal and uphold the Community Development Director’s decision to deny a fence
height exception request for construction of a six-foot tall fence located within the required
street-side setback and traffic view area on property zoned R-1:8, located at 108 Westchester
Drive.
PROJECT DATA:
General Plan Designation: Low Density Residential
Zoning Designation: R-1:8 – Single-Family Residential, 8,000 square-foot minimum
Applicable Plans & Standards: General Plan, Residential Design Guidelines
Parcel Size: 9,345 square feet
Surrounding Area:
Existing Land Use General Plan Zoning
North Residential Low Density Residential R-1:8
South Residential Low Density Residential R-1:8
East Residential Low Density Residential R-1:8
West Residential Low Density Residential R-1:8
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SUBJECT: 108 Westchester Drive/FHE-24-003
DATE: November 8, 2024
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.
As required by Section 29.40.0320 of the Town Code for granting a Fence Height Exception.
ACTION:
The decision of the Planning Commission is final unless appealed within ten days.
BACKGROUND:
The subject property is located at the southwest corner of Westchester Drive and Adrian Place,
one block south of Los Gatos-Almaden Road and one block north of Blossom Hill Road
(Exhibit 1). All surrounding properties are zoned for and developed with single-family
residential uses.
The Town received a complaint regarding the subject fence located at the corner of
Westchester Drive and Adrian Place. Following inspection by the Town’s Code Enforcement
Officer, the Town determined that the fence exceeded the height limitations for fences located
in the required street-side setback, traffic view area, and driveway view area (Exhibit 4). On
June 25, 2024, the Town issued an Administrative Citation (VL-24-329) regarding for the fence
(Exhibit 5).
On July 16, 2024, the property owner applied for a Fence Height Exception (FHE-24-003). The
Letter of Justification provided with the exception request is included as Exhibit 6. The applicant
requested exceptions to allow a fence taller than three feet in the required street -side setback,
traffic view area, and driveway view area (Exhibit 7). Their letter cites a security concern,
limited rear yard area, and a safety concern as justifications for the exception request.
As detailed in the following discussion, the Community Development Director was unable to
make the findings required for granting an exception. On September 11, 2024, the Community
Development Director denied the exception request as none of the required findings per Town
Code Section 29.40.0320 could be made (Exhibit 8).
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SUBJECT: 108 Westchester Drive/FHE-24-003
DATE: November 8, 2024
On September 23, 2023, the property owners appealed this decision to the Planning
Commission (Exhibit 9) and provided a revised Letter of Justification for the fence height
exception (Exhibit 10).
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The subject property is located at the southwest corner of Westchester Drive and Adrian
Place, one block south of Los Gatos-Almaden Road and one block north of Blossom Hill Road
(Exhibit 1). All surrounding properties are zoned for and developed with single-family
residential uses.
B. Project Summary
The property owner is appealing the Community Development Director’s decision to deny a
fence height exception request to allow the construction of a six-foot-tall fence in a location
within the required street-side yard setback and traffic view area along Adrian Place.
DISCUSSION:
A. Fence Height Exception
The subject fence comprises approximately 102 linear feet of unspaced wood fencing along
Adrian Place (Exhibits 7 and 11). The fence generally meets the Town’s Residential Design
Guidelines for appropriate material and design; however, there are no other homes on
Adrian Place, a cul-de-sac, that have fences within the required setbacks.
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 setback abutting a street, driveway view area, 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 thre e feet by Town
Code, as it is within the required street -side setback, traffic view area, and driveway view
area (Exhibit 4).
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 exists.
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
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PAGE 4 OF 7
SUBJECT: 108 Westchester Drive/FHE-24-003
DATE: November 8, 2024
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.
In their Letter of Justification provided with the exception request, the property owner cited
conditions (b)(1) related to a privacy concern, (d) related to a security concern, and (e)
related to a special circumstance to justify the fence height exception request (Exhibit 6).
For condition (b)(1), staff could not support the exception as subsecti on (b) only applies to
the side and rear fences on interior lots. The subject property is a corner lot, and the
exception is for the street-side yard; therefore, subsection (b) of Town Code Section
29.40.0320 is not applicable.
For condition (d), the applicant indicated that the fence is needed to address a safety
concern related to heavy pedestrian traffic including aggressive pets that would not be
addressed by a compliant fence in the same location. After considering the applicant's
concerns, staff could not support the exception request under condition (d).
For condition (e), the applicant indicated that the corner lot configuration and existing
grade changes result in a limited rear yard area (Exhibits 10 and 11). Staff could not support
the exception request under condition (e) since most backyard configurations for corner
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SUBJECT: 108 Westchester Drive/FHE-24-003
DATE: November 8, 2024
lots have similar limitations, and the subject property does not constitute a “special
circumstance” under this finding for a fence height exception.
On August 20, 2024, the Town's Senior Traffic Engineer provided an analysis of the six-foot-
tall fence, concluding that the portion of fence located in the driveway view area obstructs
the line of sight of the sidewalk and is not acceptable from a traffic safety perspective
(Exhibit 12). For this reason, the Town Traffic Engineer could not support the exception
request.
On August 26, 2024, the Town received a revised fence plan showing a modified portion of
the fence to comply with the driveway view area (Exhibit 13).
On September 11, 2024, the Community Development Director denied the exception
request as none of the required findings per Town Code Section 29.40.0320 could be made
as detailed in the summary above (Exhibit 8).
On September 23, 2023, the property owners appealed this decision to the Planning
Commission (Exhibit 9) and provided a revised Letter of Justification for the fence height
exception (Exhibit 10).
Pursuant to Town Code Section 29.20.255, any interested person as defined by Town Code
Section 29.10.020 may appeal to the Planning Commission any decision of the Community
Development Director. For residential projects, an interested person is defined as, “a
person or entity who owns property or resides within 1,000 feet of a property for which a
decision has been rendered and can demonstrate that their property will be injured by the
decision.” The appellant/property owner meets the requirements.
B. Appeal Analysis
The property owner provided a revised Letter of Justification with their appeal (Exhibit 10);
however, this letter does not provide any additional or new information supporting the
appeal for the Town or Planning Commission to consider.
As reflected in Exhibit 13, the property owner has indicated to staff their willingness to
modify the fence to comply with the driveway view area, since the Senior Traffic Engineer
identified this portion of the fence as a safety concern from a traffic safety perspective.
Staff included a condition to modify the fence to comply with the driveway view area if the
appeal is granted (Exhibit 3).
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SUBJECT: 108 Westchester Drive/FHE-24-003
DATE: November 8, 2024
Regarding the traffic view area, staff coordinated with the Senior Traffic Engineer who
confirmed that the fence’s location in the traffic view area is not a traffic safety concern
since the approach speeds of vehicles is limited and there will be sufficient sight distance
(Exhibit 12).
The analysis conducted under the fence height exception request detailed above remains
applicable since additional or new information was not provided. Additionally, the findings
for an exception could not be made.
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 residents 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 appealing the Community Development Director’s decision to deny a
fence height exception request to allow the construction of a six-foot-tall fence in a location
within the required street-side setback and traffic view area along Adrian Place.
B. Recommendation
Staff recommends that the Planning Commission deny the appeal and uphold the
Community Development Director's 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 required findings in
Exhibit 2 and the draft conditions provided in Exhibit 3; or
3. Grant the appeal with additional and/or modified conditions.
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PAGE 7 OF 7
SUBJECT: 108 Westchester Drive/FHE-24-003
DATE: November 8, 2024
EXHIBITS:
1. Location Map
2. Required Findings
3. Recommended Conditions of Approval if Appeal is Granted
4. Traffic View Area Diagrams
5. Administrative Citation (VL-24-329)
6. Letter of Justification, Received July 16, 2024
7. Site Plan from Applicant
8. Fence Height Exception Denial Letter, Dated September 11, 2024
9. Appeal of the Community Development Director Decision, Received September 22, 2024
10. Revised Letter of Justification, Received September 22, 2024
11. Pictures of Subject Property
12. Analysis by Town Senior Traffic Engineer
13. Modified Site Plan from Applicant
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DOVER STESCOBAR AV
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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)- Updated 08-23-23 to link to "Town Assessor Data" (sm)
EXHIBIT 1
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PLANNING COMMISSION – November 13, 2024
REQUIRED FINDINGS FOR:
108 Westchester Drive
Fence Height Exception FHE-24-003
Consider an Appeal of a Community Development Director's Decision to Deny a
Fence Height Exception Request for the Construction of a Six-Foot Tall Fence Within
a Required Street Side Setback and Traffic View Area on Property Zoned R-1:8.
Located at 108 Westchester Drive. APN 523-36-037. 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.
Fence Height Exception Application FHE-24-003.
PROPERTY OWNER/APPLICANT/APPELLANT: Parul Upadhyaya & Deepak Pandey.
PROJECT PLANNER: Suray Nathan.
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.
Required findings for granting a Fence Height Exception:
Per Town Code Section 29.40.0320, the applicant has provided written justification that
demonstrates one of the following conditions exist:
■ A special privacy concern exists that cannot be practically addressed by additional
landscaping or tree screenin g[29.40.0320(b)(1)].
■ 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 [29.40.0320(b)(2)].
■ A special security concern exists that cannot be practically addressed through
alternatives[29.40.0320(d)].
■ A special circumstance exists, including lot size or configuration, where strict enforcement
of these regulations would result in undue hardship[29.40.0320(e)].
S:\PLANNING COMMISSION REPORTS\2024\11-13-2024\Item 4 - 108 Westchester Drive\Exhibit 2 - Required Findings.docx
EXHIBIT 2
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PLANNING COMMISSION – November 13, 2024
DRAFT CONDITIONS OF APPROVAL
108 Westchester Drive
Fence Height Exception FHE-24-003
Consider an Appeal of a Community Development Director's Decision to Deny a Fence
Height Exception Request for the Construction of a Six-Foot Tall Fence Within a
Required Street Side Setback and Traffic View Area on Property Zoned R-1:8. Located
at 108 Westchester Drive. APN 523-36-037. 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. Fence
Height Exception Application FHE-24-003.
PROPERTY OWNER/APPLICANT/APPELLANT: Parul Upadhyaya & Deepak Pandey.
PROJECT PLANNER: Suray Nathan.
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 and in substantial compliance with the approved plans. Any intensification
beyond this authorized use requires a Conditional Use Permit amendment.
2. FENCE MODIFICATION: The fence shall be modified to comply with the requirements
and limitations of Section 29.40.0315 regarding fences located in a required driveway
view area.
3. EXPIRATION: The 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 per Section
29.20.335 of the Town Code. Reasonable extensions of time not exceeding one year
may be granted upon application, and can be granted if approved by the deciding body
prior to the expiration date. Therefore, it is recommended that applications for a time
extension be filed with the Community Development Department at least 60 days prior
to the expiration date of the approval.
4. 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.
EXHIBIT 3 Page 1075
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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 laws and regulations, or change in such Challenge as
Town, in its sole discretion, determines appropriate, all at 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.
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30’
RIGHT-OF-WAY/PROPERTY LINE
30’
NOT TO SCALE STREET STREET C L
30’
30’
LEGEND:
Corner Sight Triangle
CORNER SIGHT TRIANGLE
200’
EDGE OF ROADWAY/FACE OF CURB
RIGHT-OF-WAY/PROPERTY LINE
NOT TO SCALE STREET STREET C L
200’
200’
LEGEND:
Traffic View Area
TRAFFIC VIEW AREA
EDGE OF ROADWAY/FACE OF CURB
200’
15’
15’
EXHIBIT 4
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DRIVEWAY VIEW AREA
FRONT AND STREET SIDE YARD AREA
NOT TO SCALE
NOT TO SCALE STREET SIDE YARD SETBACK REAR YARD SETBACK
FRONT YARD SETBACK
PROPERTY LINE
LEGEND:
Driveway View Area
LEGEND:
Front and Street
Side Yard Area
STREET
SIDEWALK
PROPERTY LINE
DRIVEWAY
10’
10’
Sidewalk Example
STREET
PROPERTY LINE
DRIVEWAY
10’
10’
No Sidewalk Example STREET SIDE YARD SETBACK STREET Page 1078
EXHIBIT 5
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Letter of Justification
Dear members of the Community Development Department,
I am writing to request a variance for the fence we have built on our property located at 108
Westchester Drive, Los Gatos, CA – 95032. Our house is situated on a corner lot within a
cul-de-sac, which presents unique challenges regarding fencing and visibility.
When we constructed our fence, we followed the example set by most corner homes in our
neighborhood, unaware of any specific regulations that applied (Photos of similar fences in
the neighborhood are at the end of this letter). In doing so, we ensured that we did not
fence the corner of the intersection, leaving more than 40 feet for visibility. Our fence abuts
the street next to the cul-de-sac, where there is not a lot of traffic, which we believed would
not pose any issues. [Pic1, Pic2]
Pic1: More than 40 ft from the corner intersection
EXHIBIT 6Page 1081
Letter of Justification
Pic 2: Turn from Westchester Dr to Adrian Pl
Our fence abuts the street next to a cul-de-sac, an area with minimal traffic. When we
purchased the house, the side yard was littered with glass pieces and other kinds of trash,
as the property was completely accessible on that side. We felt it was necessary to cover
this area to ensure the safety of our family, particularly our two young boys, aged 7 and 3.
Our primary concern is providing a secure and clean environment for our children to play.
Our current backyard is less than 8% of our total lot size and only 14 feet wide. It is
adjacent to our neighbor’s side yard, with their house just 5 feet from our fence. In addition
to this, our neighbor's house is at an elevation and our shared fence is effectively about 9 -
10 ft, followed closely by their house, blocking a lot of sunlight in our backyard. This leaves
us with very limited safe and private area for our children to play, as most of our usable
land is in the front and side yards. [Pic 3, Pic 4, Pic 5]
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Letter of Justification
Pic 3: Picture depicting how narrow our backyard
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Letter of Justification
Pic 4: Height of the fence adjacent to the neighbor and proximity to their house
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Letter of Justification
Pic 5: Aerial view showing the backyard width
We have poured our hearts and our life savings into buying this home, where we want to
raise our kids and live for the rest of our lives. We feel very fortunate to be a part of this
neighborhood and want to create beautiful memories in our new home. Watching our kids
play in our yard will be a core memory, and we request your kind consideration of our
unique circumstances. Lowering the fence height would compromise our privacy and the
safety of our children, making that area unusable in all practical aspects.
We are committed to finding a solution and are willing to work with the city on any
remediation. Some thoughts we have had involve:
1. Creating a Driveway view area (triangular area) to aide better visibility
2. Exploring if we can safely shift our driveway entrance to provide more sidewalk visibility
We kindly request your understanding and approval of our variance request to maintain the
current fence height with any workable modifications, ensuring a secure and private
environment for our family as well as the safety of our neighborhood.
Page 1085
Letter of Justification
Thank you for your consideration.
Sincerely,
Deepak Pandey
108 Westchester Drive
Los Gatos, CA - 95032
pandey.c.deepak@gmail.com
4088939083
PS: Some similar fences in our neighborhood:
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Letter of Justification
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Letter of Justification
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Original Site Plan:
EXHIBIT 7
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TOWN OF LOS GATOS
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
(408) 354-6872 Fax (408) 354-7593
September 11, 2024
Parul Upadhyaya & Deepak Pandey
108 Westchester Drive
Los Gatos, CA 95032
Via email
RE: 108 Westchester Drive
Fence Height Exception FHE-24-003
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 September 11, 2024, the Los Gatos Community Development Department has denied the
request as the findings under Section 29.40.0320 of the Town Code 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., September 23,
2024.
If you have any questions concerning this decision, please contact Project Planner Suray Nathan at
(408) 354-6873 or Snathan@losgatosca.gov.
Sincerely,
Suray Nathan
Assistant Planner
N:\DEV\PLANNING PROJECT FILES\Westchester Drive\108\FHE-24-003\Denial Action Letter 09-11-24.docx
CIVIC CENTER
110 E. MAIN STREET
LOS GATOS, CA 95030
EXHIBIT 8Page 1091
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Supporting Letter for Fence Height Exception Appeal (FHE-24-003)
Esteemed members of the Planning Commission,
We are writing to appeal the decision of director of community development regarding
our fence height exception appeal FHE-24-003 for the following reasons:
The way our lot is configured, most of our open land is either on the side yard or on the
front yard and our backyard is quite narrow [Pic 1]. Since Westchester Drive is a through
street with traffic, we have not fenced anywhere on that street, our fence is about 40ft
from the intersection of Westchester Dr and Adrian Plaza, abutting Adrian Pl which is a
cul-de-sac with minimal vehicular traffic [Pic 2]. Our backyard is a rather narrow strip of
land with a tall fence with our immediate neighbor because their house is at a higher
altitude [Pic 2]. Because of the difference in the altitude between our homes, there is a
raised bed planter right next to the fence on our side making the usable backyard
narrower [Pic 3]. On the other side of this tall fence is our neighbor’s side yard which is
quite narrow making their house effectively very close to our backyard. We worry any
noise/music/kids’ activities in that part of the backyard will reach our neighbors home
quite easily causing disruption to them.
EXHIBIT 10Page 1095
Pic 1: Most of the land is either on the front yard or side yard
Page 1096
Pic2: Fence is more than 40ft from the intersection
Page 1097
Pic 3: Height of the fence adjacent to the neighbor and proximity to their house
We have two young boys, ages 7 and 3 respectively, who need open and safe space to
play. Our neighborhood sees a heavy pedestrian traffic. With kids so young, a 3 ft fence
will have them exposed to all the passersby and some pets that tend to be aggressive.
Given how young and eager to make friends they are, a 3 ft fence in that area of the
house will make it practically unusable by our kids. Our backyard is so narrow that we
cannot put a play structure or even a basketball hoop for our kids to play[Pic 4]. In
Page 1098
addition, we also want to eventually get a dog. Without the side yard being covered,
that cannot become a reality as there will not be enough safe space for a dog to be in
the open within the vicinity of our home.
Pic 4: Picture depicting how narrow our backyard
We built a fence like the other houses nearby (Westchester Drive and Camino Del
Cerro), unbeknown to the new fence ordinance. In fact, when we looked at this property
before making a purchase, we did realize the backyard was not going to fulfil our needs,
but looking at the houses around us, we were consoled by the fact that we could make
use of our side yard and get past this issue, which is why we went ahead and built the
fence as one of the first things as part of our remodel. There was also some glass pieces
and dog feces in the side yard that we noticed when we got our keys and walked around
the property more closely the first time, which further convinced us of the urgency of
enclosing the side yard with a fence. Aesthetically, we have kept the Westchester drive
as well as the intersection unfenced keeping in line with how the rest of the street looks.
There are some corner properties that are unfenced on their side yard, but their lot
configuration is different than ours, giving them ample backyard space which is not the
case with us. Additionally, our side yard is very big and expensive to maintain for curb
Page 1099
appeal if we leave it exposed in its entirety. If we have it inside a fence, we can develop
it over time specific to our needs without any immediate pressure to keep it appealing.
As stated previously in our letter of justification, we have offered to make a site triangle
next to our driveway. This was also something that we were told was recommended by
the traffic engineer during their review, and we will be happy to comply. In add ition, we
can reduce the fence height to 5ft plus a 1 foot or no lattice or open to any other
workable solutions ensuring a safe environment for our family as well as the safety of
our neighborhood.
Thanks,
Deepak Pandey & Parul Upadhyaya
108 Westchester Drive
Los Gatos
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EXHIBIT 11Page 1101
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EXHIBIT 12
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Updated Site Plan based on traffic Engineer’s recommendation:
EXHIBIT 13
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