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Staff Report with Exhibits.16509 Bonnie Lane PREPARED BY: RYAN SAFTY Associate 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: 2/23/2022 ITEM NO: 2 DATE: February 18, 2022 TO: Planning Commission FROM: Joel Paulson, Community Development Director SUBJECT: Consider an Appeal of a Community Development Director Decision to Deny a Fence Height Exception Request for Construction of a Six-Foot Fence Located Within the Required Front Yard Setback on Property Zoned R-1:8. Located at 16509 Bonnie Lane. APN 532-42-013. Property Owner/Applicant/Appellant: Pamela Kee. Project Planner: Ryan Safty. RECOMMENDATION: Deny the appeal of a Community Development Director decision to deny a fence height exception on property zoned R-1:8, located at 16509 Bonnie Lane. PROJECT DATA: General Plan Designation: Low Density Residential Zoning Designation: R-1:8 Applicable Plans & Standards: General Plan Parcel Size: 8,249 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 PAGE 2 OF 6 SUBJECT: 16509 Bonnie Lane/FHE-21-013 DATE: February 18, 2022 S:\PLANNING COMMISSION REPORTS\2022\02-23-2022\2. 16509 Bonnie Lane\Staff Report.16509 Bonnie Lane.docx 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. The project proposes a new approximately six-foot tall fence. 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. ACTION: The decision of the Planning Commission is final unless appealed within ten days. BACKGROUND: The subject property is located on the west side of Bonnie Lane, just north of the intersection with Shady View Lane (Exhibit 1). On November 22, 2021, the Town received a Fence Height Exception application to install an approximately six-foot tall redwood fence within the required front yard setback at 16509 Bonnie Lane (Exhibit 6). Town Code requires that fences and gates within the required front yard setback be limited to three feet in height. On January 7, 2022, the Town denied the exception request since none of the required conditions listed in Town Code 29.40.0320 (Exceptions) were found to exist on the subject property. On January 18, 2022, the decision of the Community Development Director to deny the exception request was appealed to the Planning Commission by the property owner. PROJECT DESCRIPTION: A. Location and Surrounding Neighborhood The subject property is located on the west side of Bonnie Lane, just north of the intersection with Shady View Lane (Exhibit 1). The surrounding properties are low-density residential. PAGE 3 OF 6 SUBJECT: 16509 Bonnie Lane/FHE-21-013 DATE: February 18, 2022 S:\PLANNING COMMISSION REPORTS\2022\02-23-2022\2. 16509 Bonnie Lane\Staff Report.16509 Bonnie Lane.docx PROJECT DESCRIPTION (continued): B. Project Summary and Zoning Compliance The property owner is appealing the Community Development Director decision to deny a Fence Height Exception application to install an approximately six-foot tall redwood fence within the required front yard setback. DISCUSSION: A. Fence Height Exception The property owner is requesting approval to construct an approximately six-foot tall pressure treated redwood fence within the required front yard setback. The fence would range in height from 60 to 67.5 inches and would be located roughly two to three feet from the front property line. The property owner has also proposed a pedestrian arbor that would comply with the maximum allowed height of eight feet for pedestrian gateways pursuant to Town Code Section 29.40.0315(a)(4). 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 yard abutting a street, driveway view are a, 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 three feet by Code as it would be within the front yard setback requirement, the traff ic view area, and the driveway view area (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: PAGE 4 OF 6 SUBJECT: 16509 Bonnie Lane/FHE-21-013 DATE: February 18, 2022 S:\PLANNING COMMISSION REPORTS\2022\02-23-2022\2. 16509 Bonnie Lane\Staff Report.16509 Bonnie Lane.docx DISCUSSION (continued): (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. The property owner cited condition (E) from Town Code Section 29.40.0320 for the exception request (Exhibit 4). Specifically, the property slopes down roughly six feet from the front property line to the front façade of the existing residence. The windows along the front façade are at roughly the same height as the existing grade of Bonnie Lane . The owner states that vehicular traffic along Bonnie Lane at night results in headlights shinning directly into the residence, and that a code-compliant three-foot tall fence would not provide the privacy buffer they need. Additionally, the property prev iously had a roughly six- to seven-foot-tall hedge in the same location as the proposed fence. The hedge was removed to accommodate the proposed fence, which the owner contests would be, “less intrusive to the street than replacing the former hedge in kind” (Exhibit 9). The property owner included a Letter of Justification (Exhibit 5), which analyzed the surrounding neighborhood for compliance with the Town’s current fence requirements. The owner surveyed the 18 properties on either side of Bonnie Lane, and found that eight of the properties currently have solid fences or hedges within the front yard that exceed the current three-foot height limit. Staff reviewed these properties and found that all eight have existed since at least 2013, which was before the Town updated the fence regulations in 2019. The Community Development Department could not support the Fence Height Exception application and denied the application on January 7, 2022 (Exhibit 8). Although a “special circumstance exists,” as the property slopes down from Bonnie Lane, staff could not find that, “strict enforcement of these regulations would result in undue hardship” (Town Code Section 29.40.0320). Town Code allows a three-foot tall fence within the front 25 feet of the property. If a privacy fence is needed to block vehicular headlights, a six-foot fence with one-foot of lattice (seven total) could be placed outside of the front setback, continuing along the front face of the garage. Additionally, blinds or other window treatments could be added to screen the view of headlights. PAGE 5 OF 6 SUBJECT: 16509 Bonnie Lane/FHE-21-013 DATE: February 18, 2022 S:\PLANNING COMMISSION REPORTS\2022\02-23-2022\2. 16509 Bonnie Lane\Staff Report.16509 Bonnie Lane.docx DISCUSSION (continued): Lastly, although roughly half of the neighborhood does not comply with the Town’s current fence regulations, all of these fences and hedges existed prior to adoption of the new fence regulations. Per Town Code Section 29.40.0315, both the Community Development Director and the Town Engineer need to approve of exceptions to the three-foot height maximum when located within the required front yard, driveway view area, traffic view area, or corner sight triangle. As stated above, the Community Development Director could not support the requested height exception. In anticipation of this appeal hearing, staff reached out to the Town Engineer to see if they could support the height exception as the project would be within the driveway view area and the traffic view area (Exhibit 7). The Town Engineer informed staff that they could consider an exception to the traffic view area, but would not allow an exception to the driveway view area. If the Planning Commission were to approve the appeal and the Fence Height Exception request, the applicant would need to revise the plans to meet the requirements of the driveway view area and would need to work with the Town Engineer for an exception to the traffic view area (Condition 3, Exhibit 3). B. Appeal Analysis The Decision of the Community Development Director to deny the Fence Height Exception application was appealed on January 7, 2022 (Exhibit 9). The property owner believes that the exception request is compatible with the neighborhood and if they complied with Town Code, they would be subject to an undue hardship due to the slope of their lot. C. 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 tenants within 300 feet of the subject property. Two neighbors have written letters of support, which are included as Exhibit 10. PAGE 6 OF 6 SUBJECT: 16509 Bonnie Lane/FHE-21-013 DATE: February 18, 2022 S:\PLANNING COMMISSION REPORTS\2022\02-23-2022\2. 16509 Bonnie Lane\Staff Report.16509 Bonnie Lane.docx CONCLUSION: A. Summary The property owner is requesting that the Planning Commission reconsider the Community Development Director’s decision to deny the Fence Height Exception application in order to build a new six-foot fence within the required front yard setback. B. Recommendation Staff recommends that the Planning Commission deny the appeal and uphold the decision of the Community Development Director to deny the Fence Height Exception application. 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 application making the findings in Exhibit 2 and with the draft conditions provided in Exhibit 3; or 3. Grant the appeal with additional and/or modified conditions. EXHIBITS: 1. Location Map 2. Required Findings and Considerations 3. Recommended Conditions of Approval if Appeal is Approved 4. Project Description, received November 22, 2021 5. Letter of Justification, received December 21, 2021 6. Project Plans, received December 29, 2021 7. Parks and Public Works View Area Diagrams 8. Fence Height Exception Denial Letter, dated January 7, 2022 9. Appeal of Community Development Director Decision, received January 18, 2022 10. Neighborhood Letters of Support, received February 12, 2022 BONNIE LNSHADY VIEW LNMARCHMONT D R PEACOCK LNLA CROIX CT16509 Bonnie Lane 0 0.250.125 Miles ° 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) EXHIBIT 1 This Page Intentionally Left Blank S:\PLANNING COMMISSION REPORTS\2022\02-23-2022\2. 16509 Bonnie Lane\Exhibit 2 - Required Findings and Considerations.docx PLANNING COMMISSION –February 23, 2022 REQUIRED FINDINGS FOR: 16509 Bonnie Lane Fence Height Exception FHE-21-013 Consider an Appeal of a Community Development Director Decision to Deny a Fence Height Exception Request for Construction of a Six-Foot Fence Located Within the Required Front Yard Setback on Property Zoned R-1:8. Located at 16509 Bonnie Lane. APN 532-42-013. Property Owner/Applicant/Appellant: Pamela Kee. Project Planner: Ryan Safty. 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. EXHIBIT 2 This Page Intentionally Left Blank S:\PLANNING COMMISSION REPORTS\2022\02-23-2022\2. 16509 Bonnie Lane\Exhibit 3 - Recommended Conditions of Approval if Appeal is Approved.docx PLANNING COMMISSION – February 23, 2022 CONDITIONS OF APPROVAL 16509 Bonnie Lane Fence Height Exception FHE-21-013 Consider an Appeal of a Community Development Director Decision to Deny a Fence Height Exception Request for Construction of a Six-Foot Fence Located Within the Required Front Yard Setback on Property Zoned R-1:8. Located at 16509 Bonnie Lane. APN 532-42-013. Property Owner/Applicant/Appellant: Pamela Kee. Project Planner: Ryan Safty. 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, un less the approval has been vested. 3. VIEW AREAS: Exceptions to the driveway view area and traffic view area must be approved by the Town Engineer (Parks and Public Works) prior to construction of the fence and pedestrian entryway arbor. If exceptions are not granted, the plans must be revised to comply with the Town’s requirements regarding driveway view area and traffic view area. 4. PEDESTRIAN ENTRYWAY ARBOR: The proposed pedestrian entryway arbor requires a building permit. At time of building permit su bmittal, the applicant must prove compliance with Town Code Section 29.40.0315(b)(4) regarding open views, maximum width, and maximum depth. 5. EXTERIOR LIGHTING: All exterior lighting must comply with the Town’s requirements and must be downward directed and shielded from neighbor’s view. 6. TREE PROTECTION: At the discretion of the Town Arborist, tree protection fencing shall be installed prior to building permit issuance. 7. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement from the Town shall defend, indemnify, and hold harmless the Town and its officials in any action brought by a third party to overturn, set aside, or void the permit or entitlement. This requirement is a condition of approval of all such permits and entitlements whether or not expressly set forth in the approval and may be secured to the satisfaction of the Town Attorney. EXHIBIT 3 This Page Intentionally Left Blank Privacy fence with panels varying in heights between 54" and 66" replacing 72" tall bush. In no case will the latticework exceed 72". The fence will have 9 panels in total, with the tallest panel being 66" and the shortest panel being 54", as well was one entryway not exceeding 96" in height from the grade line. The fence will be set back 1-2' from the edge of the property rather than encroach on the sidewalk. There will be horizontal slats varying in width as the lattice work. There will be solar lights a top the fence posts providing light to the sidewalk. We will also be affixing street numbers to the fence. A privacy fence of this height is necessary because the grade of the property has our windows level with the street. The privacy bush currently provides a barrier to car headlights disrupting our lives at night, however, we would like to relace it with a lower maintenance alternative. The fence will be made of solid redwood. The fence posts will be 6"x6" redwood posts and the lattice work will comprise of redwood strips varying between 2.25" and 5" in width. The lights on top of each fence post will be made of aluminum and are powered by solar, so no electrical work will need to be done. In order to install the fence, we will need to remove the bushes, use an auger to dig the postholes, set the posts into the postholes using concrete, use a saw to cut each post down to height, and then use a nail gun and screwdriver to tack the latticework into place. EXHIBIT 4 This Page Intentionally Left Blank There are 18 houses on Bonnie Lane with significant road frontage. 8 of those 18 houses (44.4%) have solid fences or hedges that well exceed 3’. This includes an image of our property with our previous hedge that we would like to replace with a fence. Below are the address of each of those houses and images (from google maps, however the houses still look similar) of what the fences/hedges look like. Map of Houses with Solid Fences/Hedges on Bonnie Lane EXHIBIT 5 16250 Shannon Rd (side yard) 16222 Shannon Rd (side yard, hedge) 16393 Bonnie Lane 16400 Bonnie Lane 16439 Bonnie Lane 16436 Bonnie Lane 16451 Bonnie Lane (hedge) 16509 Bonnie Lane (we previously had a hedge, we are trying to make it a fence) This Page Intentionally Left Blank EXHIBIT 6 66.50 60.00 67.50 62.50 60.00 63.00 58.50 64.00 62.50 82.00 95.00 A A B B 2 2 1 1 Redwood Redwood Fence 1 DO NOT SCALE DRAWING Fence SHEET 1 OF 1 12/21/21Jake UNLESS OTHERWISE SPECIFIED: SCALE: 1:128 WEIGHT: N/A REVDWG. NO.ASIZE TITLE: NAME DATE COMMENTS: Q.A. MFG APPR. ENG APPR. CHECKED DRAWN FINISH MATERIAL INTERPRET GEOMETRIC TOLERANCING PER: DIMENSIONS ARE IN INCHES TOLERANCES: FRACTIONAL ANGULAR: MACH BEND TWO PLACE DECIMAL THREE PLACE DECIMAL APPLICATION USED ONNEXT ASSY PROPRIETARY AND CONFIDENTIAL THE INFORMATION CONTAINED IN THIS DRAWING IS THE SOLE PROPERTY OF <INSERT COMPANY NAME HERE>. ANY REPRODUCTION IN PART OR AS A WHOLE WITHOUT THE WRITTEN PERMISSION OF <INSERT COMPANY NAME HERE> IS PROHIBITED. Fence is made ofredwood and pressure treated rook School 9 This Page Intentionally Left Blank 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 7 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 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION (408)354-6872 Fax (408) 354-7593 January 7, 2022 Pamela Kee 16509 Bonnie Lane Los Gatos, CA 95032 RE: 16509 Bonnie Lane Fence Height Exception (FHE-21-013) Requesting approval for an exception to construct a five (5) foot tall fence within the required front yard setback on property zoned R-1:8. APN 532-42-013. PROPERTY OWNER/APPLICANT: Pamela Kee The Los Gatos Community Development Department has reviewed the referenced application for a fence height exception pursuant to Section 29.40.0320. On January 7, 2022, the Los Gatos Community Development Department has denied the request. 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 5:00 p.m., January 18, 2022. If you have any questions concerning this decision, please contact Project Planner Ryan Safty at (408) 354-6802 or via email at RSafty@losgatosca.gov. Sincerely, Ryan Safty Associate Planner N:\DEV\Ryan\Projects\Fence Height Exception\16509 Bonnie Lane\Bonnie Lane 16509 Denial Action Letter 01-07-22 FINAL.docx CIVIC CENTER 110 E. MAIN STREET LOS GATOS, CA 95030 EXHIBIT 8 This Page Intentionally Left Blank EXHIBIT 9 This Page Intentionally Left Blank To our Bonnie Lane Neighbors: We are the residents of 16509 Bonnie Lane and later this month, we will be approaching the planning commission to seek approval for a fence in our front yard. Below are the reasons why we would like a fence taller than 3ft in our front yard. 1. Our home is recessed roughly 4ft below street level into the hillside, and where a normal home doesn’t need to worry about headlights shining in at night, our house is susceptible to light shining into our home. A 3ft fence is not tall enough to block this light, especially since our house is on a slope and many points on the fence end up being below 3ft. 2. Given that our house is on a slope, a fence with a maximum height of 3ft results in some fence sections being just over 2ft, resulting in a fence that would be more of a tripping hazard than a fence. 3. As seen in the Proposed vs. Town Code image, a 3ft fence would leave all of our windows fully exposed to any people or light that passes by. 4. The proposed fence is topped with solar lights on top of each post providing light to the otherwise unlit sidewalk at night. In front of the fence would be drought tolerant, low maintenance, California native plants to add some color that are surrounded by mulch. 5. This fence is replacing a large 8’ tall 60 year old hedge (see image of old hedge) that was harder to maintain, encroached on the sidewalk, people would leave trash and doggie bags in the hedge, and created a home for rodents. It also presented a much greater fire hazard than the proposed shorter fence. 6. The old hedge is grandfathered in so according to town code, we are able to replace the hedge in kind. If we are unable to build the fence, we will search for a hedge to replace the old hedge in kind to maintain the privacy of our home. 7. Many neighbors on our street have fences or hedges exceeding that 3ft limit so our house would maintain the character of the neighborhood with the proposed fence. Please email pkee@alum.mit.edu to say that you support our fence. Or sign the sample letter on the back of this page and return it to us at our home. If you could get back to us by February 18th with your support, that would be appreciated. Thanks, Pamela Kee (Property Owner) EXHIBIT 10