Item 3 - Staff Report and Exhibits 1 to 10
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: 5/11/2022 ITEM NO: 3
DATE: May 6, 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 Five-Foot, Nine-Inch
Fence Located Within the Required Front Yard Setback on Property Zoned
R-1:10. Located at 14741 Blossom Hill Road. APN 527-41-047. Property
Owner/ Applicant/Appellant: Alexandra Mims. Project Planner: Ryan Safty.
RECOMMENDATION:
Deny the appeal of a Community Development Director decision to deny a fence height
exception request for construction of a five-foot, nine-inch fence located within the required
front yard setback on property zoned R-1:10, located at 14741 Blossom Hill Road.
PROJECT DATA:
General Plan Designation: Low Density Residential
Zoning Designation: R-1:10
Applicable Plans & Standards: General Plan
Parcel Size: 10,163 square feet
Surrounding Area:
CEQA:
Existing Land Use General Plan Zoning
North Residential Low Density Residential R-1:8
South Residential Hillside Residential HR-1:PD
East Residential Low Density Residential R-1:10
West Residential Low Density Residential R-1:10
PAGE 2 OF 8 SUBJECT: 14741 Blossom Hill Road/FHE-22-003 DATE: May 6, 2022
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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 wooden 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 north side of Blossom Hill Road, directly across the street
from the intersection with Regent Drive (Exhibit 1).
On February 8, 2022, the Town’s Code Compliance Officer was contacted by the property
owner to provide information regarding height requirements for a shared-property fence.
When at the site, the Officer observed a recently constructed non-compliant fence within the
front setback area. The Officer spoke with the property owner, informed them of the Town’s
regulations, and advised them to modify the fence to comply with height requirements or apply
for a Fence Height Exception.
On March 4, 2022, the Town received a Fence Height Exception application to permit a
previously constructed five-foot, nine-inch, tall wooden fence within the required front yard
setback at 14741 Blossom Hill Road (Exhibits 4 and 5). Town Code requires that fences and
gates within the required front yard setback be limited to three feet in height.
On March 9, 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 March 18, 2022, the decision of the Community Development Director to deny
the exception request was appealed to the Planning Commission by the property owner.
PAGE 3 OF 8 SUBJECT: 14741 Blossom Hill Road/FHE-22-003 DATE: May 6, 2022
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PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The subject property is located on the north side of Blossom Hill Road, directly across the
street from the intersection with Regent Drive (Exhibit 1). The surrounding properties are
low-density and hillside residential.
B. Project Summary and Zoning Compliance
The property owner is appealing the Community Development Director decision to deny a
Fence Height Exception application to permit a previously constructed five-foot, nine-inch,
tall wooden fence within the required front yard setback.
DISCUSSION:
A. Fence Height Exception
The property owner is requesting approval to permit a previously constructed wooden
fence within the required front yard setback ranging in height from five-foot, five-inches to
five-foot, nine-inches. As measured by Town staff, the fence is approximately 15.5 feet
from the edge of the sidewalk, which is the approximate location of the front property line
along Blossom Hill Road (Exhibit 8).
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 area, traffic
view area, or corner sight triangle unless an exception is granted by the Town Engineer and
Community Development Director.” The subject fence is limited to three feet by Code as it
is within the front yard setback requirement.
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.
PAGE 4 OF 8 SUBJECT: 14741 Blossom Hill Road/FHE-22-003 DATE: May 6, 2022
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DISCUSSION (continued):
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
(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 references privacy and security to justify the exception request (Exhibit
4). Regarding privacy, the owner cites concerns related to the orientation of the home and
placement of their child’s bedroom window facing Blossom Hill Road. As the subject
property is fronting the intersection of Blossom Hill Road and Regent Drive, the owner
states that several times a day there is vehicular and pedestrian traffic that stops in front of
the house and, without a privacy fence, they would be able to see directly into the bedroom
window. Condition (b)-(1) of Town Code Section 29.40.0320 allows for a height exception
when a special privacy concern exists that cannot be practically addressed by additional
landscaping or tree screening; however, sub-section (b) only applies to side and year yard
fences. Therefore, the Town staff could not support the front yard exception with condition
(b)-(1).
PAGE 5 OF 8 SUBJECT: 14741 Blossom Hill Road/FHE-22-003 DATE: May 6, 2022
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DISCUSSION (continued):
Regarding security, the owner cites concerns again related to the orientation of the home
and placement of their child’s bedroom window facing Blossom Hill Road (Exhibit 4). As
Blossom Hill Road is a busy thoroughfare with pedestrian and vehicular traffic, there have
been instances of trespassing and theft. The owner is concerned that a three-foot tall fence
in front of their child’s bedroom would not provide security. Condition (d) of Town Code
Section 29.40.0320 allows for a height exception when a special security concern exists that
cannot be practically addressed through alternatives. Per the hand-measurements
provided on the site plan in Exhibits 4 and 5, the existing garage has a front setback of
approximately 23.5 feet. The left side of the building and bedroom in question is setback an
additional 17 feet from the front wall of the garage, resulting in an approximate front
setback of over 40 feet to the bedroom wall. Town Code would allow a six-foot fence with
one-foot of lattice above when outside of the 25-foot front setback requirement. The fence
could be moved back, and previously installed landscaping removed, to meet setback
requirements. With this alternative to provide security to the bedroom, staff could not
support the exception with condition (d).
The Community Development Department denied the Fence Height Exception application
on March 9, 2022 (Exhibit 6) for the reasons outlined above.
B. Appeal Analysis
The Decision of the Community Development Director to deny the Fence Height Exception
application was appealed on March 18, 2022 (Exhibit 7).
In addition to the reasoning provided in the Project Description and Letter of Justification
(Exhibit 4), the property owner provided additional justification in the appeal packet.
Specifically, the fence was built shortly after the Town’s updated Fence Ordinance adoption
date of August 16, 2019, and the fence has now been in place for over two years. Pictures
from staff’s site visit are provided in Exhibit 8. Additionally, the cost of moving the fence
back to comply with Town Code would be upwards of two thousand dollars, and they would
need to remove the fruit trees and garden beds that were previously planted and installed
behind the fence. The owner states that they are willing to add landscaping in front of the
fence to help soften the appearance. The owner also expanded on the privacy and security
concerns, pointing to the number of properties (44) that use Regent Drive to turn on to
Blossom Hill Road, resulting in a busy intersection.
PAGE 6 OF 8 SUBJECT: 14741 Blossom Hill Road/FHE-22-003 DATE: May 6, 2022
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DISCUSSION (continued):
Lastly, the property owner referenced neighborhood compatibility. The owner identified
four neighbors to the east, along the same side of Blossom Hill Road, which have fences,
gates, or hedges that do not comply with the Town’s updated Fence Ordinance (14761,
14771, 14781, and 14811 Blossom Hill Road) (Exhibit 7). Town staff visited the site to
analyze these properties, and pictures of the site visit are included as Exhibit 9. 14761
Blossom Hill Road has an approximately 15-foot tall hedge within the front setback, located
adjacent to the front property line; 14771 Blossom Hill Road has an approximately seven-
foot tall wall and hedge, and approximately five-foot tall gate located approximately ten
feet from the front property line; 14781 Blossom Hill Road has an approximately six-foot tall
hedge and gate located approximately ten feet from the front property line; and 14811
Blossom Hill Road has an approximately eight-foot tall hedge located along the front
property line, which is approximately ten feet further into Blossom Hill Road in an area of
future Town right-of-way. However, per Google Maps historic imagery, the fence, gate,
wall, or hedge of all four neighbors existed prior to adoption of the updated Fence
Ordinance.
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. Public comment is provided in Exhibit 10.
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
maintain a five-foot, nine-inch 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.
PAGE 7 OF 8 SUBJECT: 14741 Blossom Hill Road/FHE-22-003 DATE: May 6, 2022
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CONCLUSION (continued):
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
finding 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 and Letter of Justification, received March 1, 2022
5. Project Plans and Pictures, received March 1, 2022
6. Fence Height Exception Denial Letter, dated March 9, 2022
7. Appeal of Community Development Director Decision, received March 18, 2022
8. Pictures of Subject Property, taken April 15, 2022
9. Pictures of Surrounding Neighborhood, taken April 15, 2022
10. Public comment received prior to 11:00 a.m., Friday, May 6, 2022
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BLOSSOM HILL RD
REGENT DRWESTHILL DRLAURA DRKAY DR
MEADOWBROOK DRSHARON LNFOREST HILL DRKENSINGTON WYAYALA CT
REGENT CT
14741 Blossom Hill Road
0 0.250.125 Miles
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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 –May 11, 2022
REQUIRED FINDINGS FOR:
14741 Blossom Hill Road
Fence Height Exception FHE-22-003
Consider an Appeal of a Community Development Director Decision to Deny a Fence
Height Exception Request for Construction of a Five-Foot, Nine-Inch Fence Located
Within the Required Front Yard Setback on Property Zoned R-1:10. APN 527-41-047.
Property Owner/Applicant/Appellant: Alexandra Mims.
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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Appeal is Approved.docx
PLANNING COMMISSION – May 11, 2022
DRAFT CONDITIONS OF APPROVAL
14741 Blossom Hill Road
Fence Height Exception FHE-22-003
Consider an Appeal of a Community Development Director Decision to Deny a Fence
Height Exception Request for Construction of a Five-Foot, Nine-Inch Fence Located
Within the Required Front Yard Setback on Property Zoned R-1:10. APN 527-41-047.
Property Owner/Applicant/Appellant: Alexandra Mims.
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, unless the approval has been vested.
3. 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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March 1, 2022
Page 1 of 4
Fence Exemption Application
To Whom It May Concern:
I am writing to request an exemption to the Ordinance 2286, which was effective August 6,
2019. Our property is at 14741 Blossom Hill Road, Los Gatos.
First off, I wanted to apologize for not being within code. When we bought our property in the
Fall of 2019, along with the renovations we constructed a fence that is 6 feet high at a setback
of 15’6”. As new homeowners, we were unaware of the ordinance and our fence company was
also unaware of the 25 foot setback (they thought it was 10 feet). We also checked with our
neighbor before constructing the fence and they said the location was ok with them.
I would also like to note, that our house is a renovation and not a new construction. This means
that our garage (which has probably been there since the original house was constructed in
1962) is only setback 23 feet. So even if we moved the fence back 8 feet to be in line with the
closet part of the house, it still would not be within code.
Renovating a house also meant that we ended up with a slightly unconventional layout and we
have one bedroom that is facing the street (which is on the other side of the fence we are
requesting to keep). The bedroom window belongs to my 4 year old son. Due to this fact of his
bedroom placement, I have a two-part concern with removing/lowering the fence.
1)Privacy - As I mentioned, his bedroom is behind the fence. We have multiple people
on a daily basis that stop in front of our house while waiting for cars to pass to cross
the street onto Regent Drive. It’s not an issue for them to see in our living room
windows, but it would become very strange to have them be able to look into my
son’s bedroom window. It’s also a very busy street in general and during rush hour
traffic sometimes backs up where people are slowing down in front of our property.
The fence really ensures our private bedroom area stays private.
The below picture shows what he sees out of his bedroom window. Dropping the
fence to 3 feet would be a very clear view for the people from the street to see in.
EXHIBIT 4
March 1, 2022
Page 2 of 4
2) Security – Since we are on a main street, we’ve had a number of issues related to
security. We’ve had the property viewed a few times at night (which we see from
our cameras). We also had one incident where we had something stolen from the
front, which we did file a police report about. My neighbor has also had issues in the
recent months. The fence around the property (specifically around my sons’ room),
makes us feel more secure. Having to drop the fence height would definitely not
help the security issue. We even designed the fence to only have a gate on one side
in order to secure the property around the bedrooms better.
I have attached pictures that show the fence. The red circle shows my sons bedroom window.
March 1, 2022
Page 3 of 4
March 1, 2022
Page 4 of 4
I can be reached by email at Alexandra.mims@gmail.com or by phone at 703-507-2825.
Thank you so much for the consideration.
Best,
Alexandra Mims
EXHIBIT 5
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COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
(408) 354-6872 Fax (408) 354-7593
March 9, 2022
Alexandra Mims
14741 Blossom Hill Rd
Los Gatos, CA 95032
RE: 14741 Blossom Hill Rd
Fence Height Exception (FHE-22-003)
Requesting Approval for an Exception to Construct a Six (6) Foot Tall Fence Within the
Required Front Yard Setback on Property Zoned R-1:10. APN 527-41-047.
PROPERTY OWNER/APPLICANT: Alexandra Mims
The Los Gatos Community Development Department has reviewed the above referenced
application for a fence height exception pursuant to Section 29.40.0320. On March 9, 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 4:00
p.m., March 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\14741 BHR\Blossom Hill Rd 14741 Denial Action Letter 03-09-22.docx
CIVIC CENTER
110 E. MAIN STREET
LOS GATOS, CA 95030
EXHIBIT 6
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EXHIBIT 7
EXHIBIT 8
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April 18, 2022
To Whom It May Concern:
This letter is in reference to a fence at 14741 Blossom Hill Rd. Los Gatos, Ca. 95032. This fence
encloses the side yard and a small area next to the garage. This creates a safe area for the
Jaroudis children to play. Away from the traffic on Blossom Hill Rd. The fence is tastefully built,
does not obstruct our view in any way it was built to tie in to our existing fence and gate.
Thank you for your consideration in this matter.
Carol Turner, Heidi Pellegrini, Race S, Williams
The tenants of
Los Gatos, Ca 95032
EXHIBIT 10
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