Exhibit 15 - Modified Recommended Conditions of Approval if Appeal is Granted
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. MATERIALS: The fence design, openness, and materials shall be maintained with no
changes.
4. PLANTINGS: No new plantings are allowed between the fence and Los Gatos Boulevard or
Charles Street. Any plantings installed in these areas in the time period between
construction of the fence and the granting of this appeal shall be removed. All existing
remaining plantings shall be maintained in compliance with the requirements of the Town
Code.
5. 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 15
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 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
6. 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.
EXHIBIT 3