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
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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. 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
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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
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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
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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
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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
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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)
EXHIBIT 1
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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
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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
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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
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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)
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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
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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’
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
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EXHIBIT 9
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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