Staff Report.10 Charles Street
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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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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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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