Staff Report with Exhibits 1 through 11.10 Charles
PREPARED BY: SEAN MULLIN, AICP
Planning Manager
Reviewed by: 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: 03/12/2025
ITEM NO: 3
DATE: March 7, 2025
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider an Appeal of a Community Development Director Decision to Deny a
Fence Exception Request for an Existing Fence Partially Located in the Town’s
Right-of Way and Exceeding the Height Limitations within the Required Front
Yard and Street-Side Yard Setbacks on Property Zoned R-1D. Located at 10
Charles Street. APN 532-36-022. Categorically Exempt Pursuant to CEQA
Guidelines Section 15303: New Construction or Conversion of Small
Structures. Fence Height Exception Application FHE-23-001. Property
Owner/Applicant/Appellant: Firouz Pradhan. Project Planner: Sean Mullin.
RECOMMENDATION:
Deny the appeal of a Community Development Director decision to deny a fence height
exception request for an existing fence partially located in the Town’s right-of way and
exceeding the height limitations within the required front yard and street-side yard setbacks on
property zoned R-1D, located at 10 Charles Street.
PROJECT DATA:
General Plan Designation: Medium Density Residential
Zoning Designation: R-1D, Single-Family Residential Downtown
Applicable Plans & Standards: Town Code, General Plan, Residential Design Guidelines
Parcel Size: 7,500 square feet
Surrounding Area:
Existing Land Use General Plan Zoning
North Residential Medium Density Residential R-1D
South Residential Medium Density Residential R-1D
East Residential Medium Density Residential R-1D
West Residential Low Density Residential R-1:8
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SUBJECT: 10 Charles Street/FHE-23-001
DATE: March 7, 2025
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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 (e): New
Construction or Conversion of Small Structures.
As required by Section 29.40.320 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 corner of Charles Street and Los Gatos Boulevard
(Exhibit 1). The surrounding properties are residential uses. The subject property is developed
with a single-family residence.
On November 11, 2022, the Town issued an Administrative Warning for a code violation at the
subject property for construction of a fence exceeding height limitations within the required
side yard area (Exhibit 4). This letter requested that the property owner reduce the height of
the fence to no more than three feet or apply for a Fence Height Exception. Following issuance
of the Administrative Warning, the property owner contacted Town Planning staff who
communicated to the property owner that the new fence exceeded the maximum height
allowed in the required front and street-side yard setbacks, as well as the traffic view area and
corner sight triangle. Staff indicated that the Town Code offers an exception process that allows
for deviation from the Town’s requirements if the appropriate findings are made by the
Community Development Director.
On January 10, 2023, the applicant applied for an exception to the Town’s fence regulations
(FHE-23-001) for the construction of the fence, which does not comply with the Town Code
fence height regulations for fences located in the required front and street-side yard areas, as
well as the traffic view area and corner sight triangle (Exhibit 5). The exception request was
based on concerns related to safety and security. Planning and Engineering staff initially
supported the request (Exhibit 6), finding that the open design of the fence and the width of
sidewalk/planting strip mitigate the traffic and pedestrian safety concerns. Following a site visit
by staff to prepare an exhibit to support granting the exception (Exhibit 7), staff noted that
portions of the fence are located in the Town’s right-of-way, a fact not available during initial
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PAGE 3 OF 7
SUBJECT: 10 Charles Street/FHE-23-001
DATE: March 7, 2025
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consideration of the exception request. In consultation with the Engineering Division, it was
determined that the Town could not make the findings required for granting an exception due
to the fence being located in the Town’s right-of way and the exception request was denied on
March 23, 2023 (Exhibit 8).
On April 3, 2023, the decision of the Community Development director was appealed to the
Planning Commission by the property owner, Firouz Pradhan (Exhibit 9). On the appeal form,
the appellant indicated that they were seeking additional information and discussing the matter
with the Parks and Public Works Department to seek resolution. A Letter of Justification
discussing the appeal was provided to staff on March 2, 2025 (Exhibit 10).
Pursuant to the Town Code Section 29.20.255, any interested person as defined by 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
property owner/appellant meets the requirements.
Pursuant to Town Code Section 29.20.265, the hearing of the appeal shall be set for the first
regular meeting of the Planning Commission in which the business of the Planning Commission
will permit, more than five days after the date of filing the appeal. The Planning Commission
may hear the matter anew and render a new decision on the matter. In coordination with the
property owner/appellant, the hearing by the Planning Commission was delayed for personal
reasons until March 12, 2025.
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The subject property is located at the corner of Charles Street and Los Gatos Boulevard
(Exhibit 1). The surrounding properties are residential uses. The subject property is
developed with a single-family residence.
B. Project Summary and Zoning Compliance
The property owner is appealing the Community Development Director decision to deny an
exception to the fencing regulations for a fence partially located in the Town’s right-of way
and exceeding a height of three feet located in the front and street-side yard areas, traffic
view area, and corner sight triangle (Exhibits 9 and 10). Pursuant to Town Code Section
29.20.265, the Planning Commission may hear the matter anew and render a new decision
on the matter.
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SUBJECT: 10 Charles Street/FHE-23-001
DATE: March 7, 2025
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DISCUSSION:
A. Fence Height Exception
The property owner requested an exception to the fence regulations for a fence exceeding
a height of three feet located in the front and street-side yard areas, traffic view area, and
corner sight triangle (Exhibit 5).
Exhibit 7, prepared by staff, shows the approximate location of the fence in question,
highlighting the portions that are located in the Town’s right-of-way. The total height of the
wood fence is five feet, four inches tall. The fence is comprised of two sections: a solid two
foot, two-inch-tall lower section with vertical wood boards; and an upper three feet, two-
inch-tall section with wood lattice with five inch openings (Exhibit 5).
Per Town Code Section 29.40.0315 (a)(3), fences, walls, gates, and hedges may not exceed a
height of three feet when located within a required front or side yard abutting a street,
traffic view area, or corner sight triangle, unless an exception is granted by the Town
Engineer and Community Development Director. This regulation is intended to minimize
conflicts between pedestrians, cyclists, and cars by ensuring fences, walls, gates, and
hedges do not obstruct the view from a car at an intersection of two streets. Limiting the
height of fences and gates to no more than three feet in these areas allows drivers and
pedestrians a view of each other while continuing to afford property owners the
opportunity to define the boundaries of their property. The required front setback in the
R-1D zone is 15 feet, the required street-side setback is 10 feet, and the traffic view area
and corner sight triangle are dimensioned in Exhibit 11. The proposed five-foot, four-inch
tall fence is set at the front property line, then turns east and enters the Town’s right-of-
way, paralleling the curb along Charles Street (Exhibit 7).
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 exist.
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
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
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SUBJECT: 10 Charles Street/FHE-23-001
DATE: March 7, 2025
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(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.
The property owner requested an exception based on safety and security concerns
(Exhibit 5). As noted above, staff initially supported the exception request given the
mitigating factors that addressed pedestrian and traffic issues; however, once the fence was
determined to be in the Town’s right-of-way, staff was unable to support the exception
request. The Town denied the exception request on March 23, 2023 (Exhibit 8).
B. Appeal
The decision of the Community Development Director to deny the Fence Height Exception
application was appealed by the property owner on April 3, 2023 (Exhibit 9). In their Letter
of Justification, the property owner reiterates their safety and security concerns, and
discusses the unique characteristics of the property and goals of mitigating safety issues
with the open view portion of the fence (Exhibit 10). When initially considering this
justification, staff supported the requested exception. The primary reason for denial of the
exception request was due to the location of the fence in the Town’s right-of-way. In their
Letter of justification, the property owner indicates that a portion of the fence was
inadvertently built in the Town’s right-of-way, which helped provide reasonable and fair
access to approach the front yard. The property owner also noted that locating the fence
within the property boundary would make exterior circulation between the front yard and
the side yard impractical. Further, relocating the fence onto the property may require
removal of a cluster of oak trees. Finally, the property owner offers their willingness to sign
any needed agreements with the Town in order to maintain the fence in the Town’s right-
of-way.
Private improvements located in Town rights-of-way can create safety and Town liability
issues and are not typically permitted. When allowed, an Encroachment Permit and License
Agreement are typically required through the Parks and Public Works Department.
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SUBJECT: 10 Charles Street/FHE-23-001
DATE: March 7, 2025
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C. Environmental Review
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15303 (e): New
Construction or Conversion of Small Structures.
PUBLIC COMMENTS:
The property owner provided letters of support from two neighbors (Exhibit 10). Written notice
was sent to property owners and occupants within 300 feet of the subject property. No
additional public comments were received at the time of this report's preparation.
CONCLUSION:
A. Summary
The property owner is requesting that the Planning Commission grant their appeal of the
Community Development Director’s decision to deny an exception to the fencing
regulations, approving the exception for a fence partially located in the Town’s right-of-way
and exceeding a height of three feet located in the front and street-side yard areas, traffic
view area, corner sight triangle, and the Town’s right-of-way.
B. Recommendation
Staff recommends that the Planning Commission deny the appeal and uphold the
Community Development Director decision to deny the requested exception due to safety
and Town liability issues created with public improvements located in the Town’s right-of-
way.
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 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: 10 Charles Street/FHE-23-001
DATE: March 7, 2025
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EXHIBITS:
1. Location Map
2. Required Findings
3. Recommended Conditions of Approval if Appeal is Granted
4. Administrative Warning VL-22-578
5. Fence Height Exception Request – Letter of Justification
6. Email between Planning and Engineering staff
7. Annotated Site Plan Prepared by Staff
8. Fence Height Exception Denial Letter
9. Appeal of the Community Development Director Decision
10. Letter of Justification for Appeal
11. Traffic view Area Diagrams
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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 – March 12, 2025
REQUIRED FINDINGS FOR:
10 Charles Street
Fence Height Exception FHE-23-001
Consider an Appeal of a Community Development Director Decision to Deny a Fence
Exception Request for an Existing Fence Partially Located in the Town’s Right-of Way
and Exceeding the Height Limitations within the Required Front Yard and Street-Side
Yard Setbacks on Property Zoned R-1D. APN 532-36-022. Categorically Exempt
Pursuant to CEQA Guidelines Section 15303: New Construction or Conversion of
Small Structures.
Property Owner/Applicant/Appellant: Firouz Pradhan
Project Planner: Sean Mullin
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 (e): New
Construction or Conversion of Small Structures.
Required findings for granting a Fence Height Exception pursuant to Section 29.40.320 of the
Town Code:
■ A special security concern exists that cannot be practically addressed through alternatives.
■ A special circumstance exists, including lot size or configuration, where strict enforcement
of these regulations would result in undue hardship.
EXHIBIT 2
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PLANNING COMMISSION – March 12, 2025
CONDITIONS OF APPROVAL
10 Charles Street
Fence Height Exception FHE-23-001
Consider an Appeal of a Community Development Director Decision to Deny a Fence
Exception Request for an Existing Fence Partially Located in the Town’s Right-of Way
and Exceeding the Height Limitations within the Required Front Yard and Street-Side
Yard Setbacks on Property Zoned R-1D. APN 532-36-022. Categorically Exempt
Pursuant to CEQA Guidelines Section 15303: New Construction or Conversion of
Small Structures.
Property Owner/Applicant/Appellant: Firouz Pradhan
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. 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
laws and regulations, or change in such Challenge as Town, in its sole discretion, determines
EXHIBIT 3
Page 131
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.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
26. PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT‐OF‐WAY (LICENSE AGREEMENT): The
property owner shall enter into an agreement with the Town for the private
improvements (fence) constructed within the Town’s right‐of‐way. The agreement shall
commit the Owner to always maintaining the improvements in a good and safe condition;
ensuring local vegetation around the private improvements complies with Town Code
sections 23.10.080, 26.10.065, and 29.40.030; providing proof of insurance coverage for
the improvements; and indemnifying the Town of Los Gatos. The agreement must be
completed and accepted by the Director of Parks and Public Works and recorded by the
Town Clerk at the Santa Clara County Office of the Clerk‐Recorder.
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From:James Watson
To:Sean Mullin
Subject:RE: 10 Charles - Fence Height Exception
Date:Tuesday, January 31, 2023 1:32:22 PM
Attachments:image004.png
image010.png
Good afternoon, Sean,
Thank you for the opportunity to opine on the request for exception to the Town’s Fence Height
ordinance for the property at 10 Charles Street.
Engineering supports this exception. Engineering’s support is attributed primarily to the location of
the property being adjacent to the high traffic intersection of Los Gatos Boulevard and Saratoga-Los
Gatos Road. Additionally, the Engineering Department recognizes the fence was designed with open
lattice material to mitigate the fence’s impact on the line-of-sight between traffic on Charles Street
and both pedestrian traffic on the near sidewalk of Los Gatos Boulevard and vehicular traffic on Los
Gatos Boulevard. The width of the sidewalk and planter strip adjacent to Los Gatos Boulevard
provides space for a driver turning onto Los Gatos Boulevard to check for traffic in both directions
prior to entering the Los Gatos Boulevard roadway. Therefore, it is my opinion that the height and
open design of the proposed fence does not create a safety hazard at this location.
Please let me know if you need any additional information. Thank you.
Best Wishes,
James Watson, P.E. | Interim Town Engineer
Parks and Public Works | 41 Miles Avenue, Los Gatos, CA 95030
Phone: 408.354.5236 | jwatson@losgatosca.gov
www.losgatosca.gov | https://www.facebook.com/losgatosca
From: Sean Mullin <SMullin@losgatosca.gov>
Sent: Tuesday, January 31, 2023 12:13 PM
To: James Watson <JWatson@losgatosca.gov>
Subject: RE: 10 Charles - Fence Height Exception
Hi James,
Following up on our conversation about this fence…after much consideration, Planning is going to
support the exception. During our conversation you mentioned that you could go either way. I was
wondering if you can send me a quick email confirming that Engineering can support the exception
y,//dϲ
Page 139
and that given the visual openness of the fence, increased setback created by the sidewalk, stop
sign, and traffic light the proposed fence would not create a safety hazard. This statement will be
added to the project file.
Let me know if you would like to discuss further.
Thank you,
Sean
Sean Mullin, AICP භ Senior Planner
Community Development Department භ 110 E. Main Street, Los Gatos CA 95030
Ph: 408.354.6823 භ smullin@losgatosca.gov
www.losgatosca.gov භ https://www.facebook.com/losgatosca
COMMUNITY DEVELOPMENT HOURS:
Counter Hours: 8:00 AM – 1:00 PM, Monday – Friday
Phone Hours: 8:00 AM – 5:00 PM, Monday – Friday
Town offices are now open. In accordance with the Santa Clara County Public Health Office Order, we strongly
recommend masks indoors regardless of vaccination status. All permit submittals are to be done online via our
Citizen’s Portal platform. All other services can be completed at the counter. For more information on permit
submittal, resubmittal, and issuance, please visit the Building and Planning webpages.
General Plan update, learn more at www.losgatos2040.com
Housing Element update, learn more at https://engagelosgatoshousing.com
CONFIDENTIALITY DISCLAIMER
This e-mail is intended only for the use of the individual(s) named in this e-mail. If you receive this e-mail and are not a named recipient,
any use, dissemination, distribution or copying of the e-mail is strictly prohibited. If you have received this communication in error, please
immediately notify us at the above e-mail address.
3 Think Green, please consider the environment before printing this e-mail.
From: Sean Mullin
Sent: Wednesday, January 18, 2023 4:20 PM
To: James Watson <JWatson@losgatosca.gov>
Subject: 10 Charles - Fence Height Exception
Hi James,
Page 140
I am reviewing a requested Fence Height Exception for 10 Charles Street. The applicant requests
approval to construct a fence exceeding three feet in height within the required front and street-side
setback, within the corner sight triangle, and within the traffic view area. Attached is the Letter of
Justification, photos, and neighbor support letters for the request. Are you available to review the
request and provide feedback from the Engineering perspective?
Please let me know if you would like to set up a meeting to discuss further.
Best regards,
Sean
Sean Mullin, AICP භ Senior Planner
Community Development Department භ 110 E. Main Street, Los Gatos CA 95030
Ph: 408.354.6823 භ smullin@losgatosca.gov
www.losgatosca.gov භ https://www.facebook.com/losgatosca
COMMUNITY DEVELOPMENT HOURS:
Counter Hours: 8:00 AM – 1:00 PM, Monday – Friday
Phone Hours: 8:00 AM – 5:00 PM, Monday – Friday
Town offices are now open. In accordance with the Santa Clara County Public Health Office Order, we strongly
recommend masks indoors regardless of vaccination status. All permit submittals are to be done online via our
Citizen’s Portal platform. All other services can be completed at the counter. For more information on permit
submittal, resubmittal, and issuance, please visit the Building and Planning webpages.
General Plan update, learn more at www.losgatos2040.com
Housing Element update, learn more at https://engagelosgatoshousing.com
CONFIDENTIALITY DISCLAIMER
This e-mail is intended only for the use of the individual(s) named in this e-mail. If you receive this e-mail and are not a named recipient,
any use, dissemination, distribution or copying of the e-mail is strictly prohibited. If you have received this communication in error, please
immediately notify us at the above e-mail address.
3 Think Green, please consider the environment before printing this e-mail.
Page 141
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Page 142
PORTION OF FENCE
LOCATED IN TOWN’S
RIGHT-OF-WAY
PROPERTY LINE
EXHIBIT 7Page 143
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TOWN OF LOS GATOS
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
(408)354-6872 Fax (408) 354-7593
March 23, 2023
Firouz Pradhan
10 Charles Street
Los Gatos, CA 95032
Via email
RE: 10 Charles Street
Fence Height Exception FHE-23-001
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 March 23, 2023, the Los Gatos Community Development Department has
denied the request as the required findings could not be made and the fence is located in the
Town’s right-or-way.
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., April 3, 2023.
If you have any questions concerning this decision, please contact Project Planner Ryan Safty at
(408) 354-6823 or via email at SMullin@losgatosca.gov.
Best regards,
Sean Mullin, AICP
Senior Planner
N:\DEV\PLANNING PROJECT FILES\Charles Street\10\FHE-23-001\Charles Street, 10 - FHE-23-001 - Denial Action Letter 03-23-23.docx
CIVIC CENTER
110 E. MAIN STREET
LOS GATOS, CA 95030
EXHIBIT 8
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EXHIBIT 9Page 147
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FENCE EXEMPTION APPLICATION – 10 CHARLES STREET, LOS GATOS, CA 95032
March 2, 2025
Sean Mullin
Planning Manager
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
Respected Mr. Mullin..
10 CHARLES STREET, LOS GATOS, CA 95030 – FENCE HEIGHT EXEMPTION [FHE-001]
I am writing for your and the Planning Commission’s kind consideration to grant
exemption in response to your letter dated 03/23/23 issued by your office regarding the
fence being in the Town’s right of way.
I would like to bring to your attention, through this submission, the unique
characteristics & circumstances surrounding the property, the specific concerns we
have had around safety & security, the principal goals we established for the design &
construction of this fence, and, finally, the diligent steps we undertook to meet these
goals, both for ourselves and the community at large.
UNIQUE CHARACTERISTICS & CIRCUMSTANCES SURROUNDING THIS PROPERTY
1. Charles is a quiet, dead-end street, with just five neighbors living on the entire street!
Accordingly, there is little or no traffic on the street.
2. The subject home (10 Charles St), though located at the corner of Los Gatos Blvd &
Charles, has its entry door and address sign on Charles St,
3. The main living room, and the secondary bedroom – typically and often occupied by
our elderly mother, or our grandchildren when they visit us – opens on the main
Boulevard through a large pair of French doors.
4. While egressing from Charles St to the Boulevard, there is a legal STOP sign that
ensures the exiting cars come to a complete stop before turning in either direction.
5. The home exactly across from the subject property has a fence that is identical in
height and form, except for the specific shape of the lattice.
6. The yard fronting the Los Gatos Boulevard side is the primary yard area that is being
used for kids’ play area and outdoor leisure activities, and has vegetable beds and
other floral decorations planted.
7. Access to the front yard is slightly tight as the front, right hand side corner of the home
has been blessed with a cluster of heritage oak and other trees. (See picture attached).
8. The subject property was under major renovation and repair for a period of almost 2
years during the pandemic, and there was a 6-feet tall, opaque construction fence
surrounding the property that did not result in any concerns that we were aware of.
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EXHIBIT 10Page 149
FENCE EXEMPTION APPLICATION – 10 CHARLES STREET, LOS GATOS, CA 95032
SPECIFIC FACTORS IN THE DESIGN & CONSTRUCTION OF THE FENCE
1. Safety & Security: It is clear that the safety & security was of key concern. This was
amplified multi-fold when we had two distinct incidents of an intruder loitering around
at the door leading to the front bedroom, in one instant to be warned of alerting the
police unless the person left immediately. No threat was imposed, nor an imminent
danger to life or property.
2. Visibility: We were equally concerned about the visibility whilst existing Charles St,
until we spoke with some of the neighbors, and carefully analyzed the facts contained
in (1) through (8) above. Letters from a couple of neighbors expressing their
unequivocal support for the fence and its zero impact on the visibility has been
attached for your reference. (See Letters from Neighbors, duly attached)
3. Access to the Front Yard: We needed to make sure that access to the front yard, the
principal outdoor area for kids’ play, is easily available. (See picture attached).
DILIGENT STEPS UNDERTAKEN TO DESIGN AND CONSTRUCTION OF THE FENCE
The custom-built fence is a combination of a 26” tall, lower opaque section, overlaid
with a 38” lattice work. The lattice work is custom designed to provide maximum
visibility by its orientation and size of the openings (5”). See picture attached. This
allows a clear sight or visibility to any south-bound traffic from Los Gatos Boulevard.
In fact, the fence was designed and built in consultation with some of the neighbors,
and we are working closely to establish their comfort level.
Inadvertentently, part of the fence was built in the public right of way, and this has
helped provide a reasonable and fair access to approach the first yard. Had we built
the fence along the property line, such access would have either been impractical, or
would have required removal of a cluster of heritage oak trees.
CONCLUSION
I hope we have been able to demonstrate that the specific goals and concerns of the
community have been met, and while we may have been short in meeting the letter of the
code, we have clearly met the spirit of the law.
REQUEST
We once again humbly request you to grant us the exception. To this end, we are
willing to provide the Town any necessary documentation to protect itself as well as to
create an explicit and formal understanding that such concessions may be reversed at
will as deemed necessary by the Town.
Finally, please feel free to reach out to me in case you may have any questions or
concerns.
Thank you for your consideration.
Sincerely,
_____________
Firoz Pradhan
Tel:
Email:
Enclosures: (1) Fence design details with dimensions (2) Letter(s) from Neighbors (3) Fence photos (4 pgs)
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View egressing from Charles St. Notice cluster of trees that block some of the visibility, while the wide, open lattice work provides clear visibility of oncoming cars and pedestrians.
page 1 of 4
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Close-up view at the STOP sign at Charles St while egressing onto Los Gatos Blvd providiing clear visibility.
page 2 of 4
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View of the fence adjacent to the neighbor towards downtown. Notice that the fence has been clipped,and was done in consulation with this neighbor (Michelle).
page 3 of 4
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Similar fence belonging to the neighbor across the subject home.
page 4 of 4
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Intentionally
Left Blank
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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’
For more information, please read Town
Code Section 26.10.065. Obstruction at
corners of intersecting streets.
For more information, please read Town
Code Section 26.10.065. Obstruction at
corners of intersecting streets.
EXHIBIT 11
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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 160