2025-047 - DENYING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION 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 STR RESOLUTION 2025-047
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DENYING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION
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 AND UPHOLDING THE DENIAL
APN 532-36-022
FENCE HEIGHT EXCEPTION APPLICATION: FHE-23-001
PROPERTY LOCATION: 10 CHARLES STREET
APPELLANT/PROPERTY OWNER/APPLICANT: FIROZ PRADHAN
WHEREAS, 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. In communication with staff, 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; and
WHEREAS, on January 10, 2023, the property owner applied for an exception to the
Town's fence regulations for the construction of a fence that does not comply with the Town
Code regulations for fences located in the required front and street-side yard areas, as well as
the traffic view area and corner sight triangle. In reviewing the application, staff noted that a
portion of the fence was located in the Town's right-of-way; and
WHEREAS, on March 23, 2023, the Community Development Director denied the Fence
Height Exception application, unable to make the findings required by Town Code Section
29.40.0320 for granting an exception. Additionally,the Town could not support the fence
remaining in the Town's right-of-way; and
WHEREAS,on April 3, 2023,the appellant, an interested person,filed a timely appeal of
the decision of the Community Development Director 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 front yard and street-side yard setbacks on property zoned R-1D, located
at 10 Charles Street; and
WHEREAS,on March 12, 2025,the Planning Commission held a public hearing and
considered an appeal of the decision of the Community Development Director 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 front yard and street-side yard setbacks on property
zoned R-1D, located at 10 Charles Street. The Planning Commission continued the matter to a
date certain with direction to the appellant; and
WHEREAS, on April 23, 2025,the Planning Commission considered public testimony and
continued the matter to a date certain of May 14, 2025; and
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Resolution 2025-047 August 19,2025
WHEREAS, on May 14, 2025, the Planning Commission continued the matter to a date
certain of May 28, 2025; and
WHEREAS, on May 28, 2025, the Planning Commission held a public hearing and
considered the appellant's response to their direction of March 12, 2025. The Planning
Commission received the staff report, testimony from the applicant, and input from the public.
The Planning Commission was unable to make the findings to grant the appeal and voted five-
to-one to deny the appeal; and
WHEREAS, on June 9, 2025,the appellant, an interested person, filed a timely appeal of
the decision of the Planning Commission to 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
front yard and street-side yard setbacks on property zoned R-1D, located at 10 Charles Street;
and
WHEREAS,this matter came before the Town Council for public hearing on August 19,
2025, and was regularly noticed in conformance with State and Town law; 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 materials contained in the Council Agenda Report
for their meeting on August 19, 2025, along with any and all subsequent reports and materials
prepared concerning this application; and
WHEREAS,Town Code Section 29.20.295 provides that an appellant bears the burden of
proof to demonstrate that there was error or abuse of discretion (including decisions that are
not supported by substantial evidence in the record) by the Planning Commission.
NOW,THEREFORE, BE IT RESOLVED:
In accordance with Town Code section 29.20.295, the Town Council finds that:
1. The appellant has not demonstrated that the Planning Commission's decision to
deny the Fence Height Exception application FHE-23-001 was in error or an abuse of
discretion.
2. The appeal of the decision of the Planning Commission 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 front yard and street-side yard
setbacks on property zoned R-1D, located at 10 Charles Street, is denied, and the
application denial is upheld.
3. The decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the
Town of Los Gatos. Any application for judicial relief from this decision must be
sought within the time limits and pursuant to the procedures established by Code of
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Resolution 2025-047 August 19,2025
Civil Procedure section 1094.6, or such shorter time as required by state and federal
Law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 19th day of August 2025, by the following vote:
COUNCIL MEMBERS:
AYES: Maria Ristow, Rob Rennie, Rob Moore, Mayor Matthew Eludes
NAYS: None
ABSENT: Mary Badame
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:'
� � d
TSX.iiri< OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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Resolution 2025-047 August 19,2025