Staff Report with Exhibits 1-12. 755 Blossom Hill Road
PREPARED BY: SAVANNAH VAN AKIN
Assistant 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: 9/14/2022
ITEM NO: 2
DATE: September 9, 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 Six-Foot Tall Fencing
Located Within the Required Front Yard Setback and Construction of a
Vehicular Gate with Reduced Setbacks on Property Zoned R-1:10. Located at
755 Blossom Hill Road. APN 523-04-043. Fence Height Exception Application
FHE-21-003. PROPERTY OWNER: David and Ilana Kohanchi. APPLICANT: Nina
Guralnic. PROJECT PLANNER: Savannah Van Akin.
RECOMMENDATION:
Deny the appeal of a Community Development Director decision to deny an exception to the
Town’s fence regulations on property zoned R-1:10, located at 755 Blossom Hill Road.
PROJECT DATA:
General Plan Designation: Low Density Residential
Zoning Designation: R-1:10 – Single-family residential
Applicable Plans & Standards: General Plan, Residential Design Guidelines
Parcel Size: 21,058 square feet
Surrounding Area:
Existing Land Use General Plan Zoning
North Residential Low Density Residential R-1:8
South Residential & Commercial High Density Residential &
Neighborhood Commercial
R-M:12-20:PD
& C-1
East Residential Low Density Residential R-1:10
West Office Office Professional O
PAGE 2 OF 7
SUBJECT: 755 Blossom Hill Road/FHE-21-003
DATE: September 9, 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 fencing and a vehicular gate.
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, east of the intersection
with Camelia Terrace (Exhibit 1).
On December 14, 2020, the Town issued an administrative warning for a code violation at 755
Blossom Hill Road (Exhibit 4). This warning was sent after several complaints were submitted
regarding a front yard fence/vehicular gate. This letter requested that the property owners
reduce their six-foot fence along the front property line down to three feet to meet Town Code,
by January 3, 2021.
On February 12, 2021, the property owner applied for an exception to the Town’s fence
regulations for the unpermitted construction of the vehicular gate and fencing on the subject
property, which does not comply with the Town Code fence regulations for height and setbacks
(Exhibits 5 and 6). The request was based on concerns related to protection for children,
animals, and a garden. Privacy is also listed as a concern.
Staff contacted the property owner to discuss concerns with the vehicular gate and fence and
explore potential options available.
On July 2, 2021, the Town denied the exception request because the findings listed in Town
Code Section 29.40.0320 could not be made, safety concerns including the location of the
metal fencing relative to the driveway which obstructs visibility as vehicles exit the driveway
and cross over the sidewalk and into the roadway, and the reduced setback of the vehicular
gate would not allow for vehicles to clear the travel lanes of Blossom Hill Road while queuing
(Exhibit 7).
PAGE 3 OF 7
SUBJECT: 755 Blossom Hill Road/FHE-21-003
DATE: September 9, 2022
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BACKGROUND (continued):
On November 16, 2021, staff contacted the property owner and provided examples of similar
fence height exception requests that were appealed to the Planning Commission. Staff also
reminded the property owners of the options to remedy the situation. These options included:
removing the illegal fence and gate; modifying the fence and gate to comply with Town Code;
or filing an appeal of the decision to deny the fence height exception.
The property owner was contacted via email on January 31, 2022, March 22, 2022, April 5,
2022, May 3, 2022, and May 24, 2022. Staff asked for a progress update and provided the
options to remedy the situation.
On July 7, 2022, the Town issued a second administrative warning for a code violation (Exhibit
8). This letter requested the property owners to: remove the illegal fence and gate; modify the
fence and gate to comply with Town Code; or file an appeal of the decision to deny the fence
height exception by August 7, 2022.
On August 5, 2022, the decision of the Community Development Director to deny the exception
request was appealed to the Planning Commission (Exhibit 9).
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The subject property is located on the north side of Blossom Hill Road, east of the
intersection with Camelia Terrace (Exhibit 1). The property has single-family residential
properties to the north and east, a senior living facility and a commercial center to the
south, and an office to the west.
B. Project Summary and Zoning Compliance
The property owner is appealing the Community Development Director decision to deny a
request for an exception to the fencing regulations of the Town Code for the unpermitted
construction of the vehicular gate and fencing.
DISCUSSION:
A. Fence Height Exception
The property owner requested an exception to the fence regulations to approve a
constructed six-foot fence located within the required front yard and a vehicular gate set back
less than eighteen (18) feet from the edge of the adjacent street (Exhibits 5 and 6). The
vehicular gate and fencing exceed the three-foot height limitation when located
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SUBJECT: 755 Blossom Hill Road/FHE-21-003
DATE: September 9, 2022
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DISCUSSION (continued):
in a required front setback, traffic view area, and driveway view area; and the vehicular gate
does not meet the 18-foot setback requirement as measured from the edge of the street.
Per Town Code Section 29.40.0315 (a)(3), fences, walls, gates, and hedges may not exceed a
height of three feet when located within a required front or side yard abutting a street,
driveway view area, or traffic view area unless an exception is granted by the Town
Engineer and Community Development Director. This regulation is intended to minimize
conflicts between pedestrians, cyclists, and cars by ensuring fences, walls, gates, and
hedges do not obstruct the view from a car as it exits a driveway and crosses over a
sidewalk to enter the roadway. Limiting the height of fences and gates to no m ore than
three feet in these areas allows drivers and pedestrians a view of each other while
continuing to afford property owners the opportunity to define the boundaries of their
property. The required front yard setback in the R-1:10 zone is 25 feet. A traffic view area
is the area which is within 15 feet of a street and a driveway view area is a triangular area at
the intersection of driveways and sidewalks and street intersections having sides 10 feet in
length (Exhibit 10). The existing six-foot tall wood fence has a minimum setback of nine feet
from the property line and the six-foot tall metal fence and vehicular gate are located on
the property line (Exhibit 11).
Per Town Code Section 29.40.0315 (c)(3), vehicular gates shall be set back from the edge of
the adjacent street a minimum of 18 feet. The intent of this regulation is to allow for
vehicles to clear the travel lanes while queuing as the gate is opening.
Per Town Code Section 29.40.0315 (b)(1)(c), barbed or razor wire fences, including any
fence with attached barbs, sharp points, or razors materials are prohibited. The existing
metal fence and gate has distinct sharp points at the top (Exhibit 12).
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.
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SUBJECT: 755 Blossom Hill Road/FHE-21-003
DATE: September 9, 2022
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DISCUSSION (continued):
(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 requested an exception due to security and privacy concerns
(Exhibit 5 and 6). The privacy concerns were related to the property’s proximity to
commercial centers and medical offices, citing instances when people mistake their home
for the chiropractor’s office next door. Regarding the security concerns, the property
owner cited protecting children, containing animals, and protecting a garden as
justification.
Staff was unable to support the proposed exceptions as the location of the metal fencing
relative to the driveway creates a safety concern as vehicles exit the driveway and cross
over the sidewalk to enter the roadway. Additionally, the location of the vehicular gate
would not allow for vehicles to clear the travel lanes while queuing. Parks and Public Works
Department staff reviewed the proposal and could not support the exception requests. The
Town denied the exception request on July 2, 2021 (Exhibit 7).
B. Appeal Analysis
The decision of the Community Development Director to deny the Fence Height Exception
application was appealed on August 5, 2022 (Exhibit 9), after several months of staff
reaching out and after a second administrative warning letter was sent on July 7, 2022 . The
appellant lists security and the unique location as justification for their appeal. The
appellant’s letter raises several points to support their appeal of the fence height exception
as listed below.
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SUBJECT: 755 Blossom Hill Road/FHE-21-003
DATE: September 9, 2022
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DISCUSSION (continued):
1. The noncompliant fence and gate are already built.
2. All other noncompliant fences within the Town should be altered to meet Town
Code.
3. The fence provides protection against wildlife.
4. The fence adds extra security for their family while away at work.
5. The fence adds extra security and privacy against intrusions from the public.
6. The location of their home is uniquely surrounded by businesses.
7. Town staff were not accessible for questions during the pandemic closure .
8. The fence provided safety during COVID.
The property appellant’s letter also provided responses to support their appeal of the 18-
foot setback requirement for the vehicular gate as listed below.
1. There are existing seven feet tall trees lining the property that block visibility.
2. Their fence has gaps between the rails, making visibility easy for incoming or
outgoing vehicles.
3. The gate receiver works from a distance of 1,000 feet, which prevents cars from
stopping in the road to enter through the gate.
4. They are willing to leave the gate open during the day. The gate is to prevent
nighttime intruders.
5. Their home is uniquely placed among commercial properties, and along Blossom Hill
Road, creating a less defined “neighborhood character.”
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. At time of preparation of this report, no public comment has been received.
CONCLUSION:
A. Summary
The property owner is requesting that the Planning Commission reconsider the Community
Development Director’s decision to deny the exceptions to the fence regulations to
maintain an unpermitted vehicular gate and fencing that exceeds the three-foot height
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SUBJECT: 755 Blossom Hill Road/FHE-21-003
DATE: September 9, 2022
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CONCLUSION (continued):
limitation when located in a required front setback, and a vehicular gate that does not meet
the 18-foot setback requirement as measured from the edge of the street.
B. Recommendation
Staff recommends that the Planning Commission deny the appeal of a Community
Development Director decision to deny the exceptions to the Town’s fence regulations.
C. Alternatives
Alternatively, the Commission can:
1. Continue the matter to a date certain with specific direction;
2. Grant the appeal and approve the exceptions to the Town’s fence regulations with the
finding in Exhibit 2 and 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
4. Administrative Warning Letter, dated December 14, 2020
5. Fence Height Exception Request, dated February 12, 2021 to the Community Development
Department
6. Fence Height Exception Request, dated February 12, 2021 to the Parks and Public Works
Department
7. Fence Height Exception Denial Letter, dated July 2, 2021
8. Administrative Warning Letter, dated July 7, 2022
9. Appeal of the Community Development Director Decision, received August 5, 2022
10. View Areas Diagrams
11. Site Plan
12. Site Images
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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 –September 14, 2022
REQUIRED FINDINGS FOR:
755 Blossom Hill Road
Fence Height Exception FHE-21-003
Consider an Appeal of a Community Development Director Decision to Deny a Fence
Height Exception Request for Construction of Six-Foot Tall Fencing Located Within
the Required Front Yard Setback; and Construction of a Vehicular Gate with Reduced
Setbacks on Property Zoned R-1:10. APN 523-04-043. PROPERTY OWNER: David
and Ilana Kohanchi. APPLICANT: Nina Guralnic. PROJECT PLANNER: Savannah Van
Akin.
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.
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EXHIBIT 2
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PLANNING COMMISSION – September 14, 2022
CONDITIONS OF APPROVAL
755 Blossom Hill Road
Fence Height Exception FHE-21-003
Consider an Appeal of a Community Development Director Decision to Deny a Fence
Height Exception Request for Construction of Six-Foot Tall Fencing Located Within
the Required Front Yard Setback and Construction of a Vehicular Gate with Reduced
Setbacks on Property Zoned R-1:10. APN 523-04-043. PROPERTY OWNER: David
and Ilana Kohanchi. APPLICANT: Nina Guralnic. PROJECT PLANNER: Savannah Van
Akin.
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. BUILDING PERMIT: The proposed vehicular gate requires a Building Permit.
4. FENCE AND GATE SHARP POINTS: Any sharp points shall be removed, prior to the issuance
of a building permit.
5. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that
any applicant who receives a permit or entitlement from the T own 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.
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Appeal is Approved.docx
EXHIBIT 3
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EXHIBIT 4
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Dear Mr. Mora,
Upon purchasing this house, we hoped to have a warm welcome to the neighborhood. We are
spending a life’s fortune to live in Los Gatos, in the hopes that our newborn daughter has the
best chance at a successful, fruitful, and healthy life.
I would like to usher that I aim to be an outstanding and contributing member, and strong
supporter, of the Los Gatos Community. As one of a limited number of Cardiac
Anesthesiologists that cover Regional Medical Center, Good Samaritan Hospital, and O’connor
Medical Center, I spend my days in the pursuit of improving lives. This has only been validated
with the recent COVID pandemic and the necessity for VV-ECMO placement (artificial devices to
assist with blood oxygenation) which places all healthcare workers at a DIRECT risk.
We purchased our home amidst a global pandemic with rampant fear across the country. I,
myself a physician at the front line, contacted the LG Building Department in an attempt to
better understand the myriad town codes and apply for permitting. Unfortunately, things
became more difficult with intermittent quarantining and unavailability of people to speak
with. Our only option was to use your website losgatosca.gov for answers.
1)Town Code Section 29.40.0315 does not appear readily accessible online. In fact, I can’t
find it anywhere. The only guidance available for “Fences, hedges, and walls” is section
29.40.030, which clearly states…
a.“In residential zones, fences, hedges, and walls not over 6 feet high are allowed on or
within all property lines, except that no owner or occupant of any corner lot or premises in
the Town shall erect or maintain upon such lot or premises any fence, hedge or wall
higher than 3 feet above the curb in a traffic view area unless a permit is secured from
the Town Engineer. A traffic view area is the area which is within 15 feet of a public street
and within 200 feet of the right-of-way line of an intersection. Barbed wire or razor ribbon
wire is prohibited in all zones.”
b.Our front fence is precisely 6 feet in height. We didn’t see our house as a corner lot or
premise. That being said, the fence was placed out of a sense of necessity. The start of
the COVID pandemic was scary for everyone. Given a demonstrated lack of concern for
personal space, social distancing, and mask requirements by local residents, it became
incumbent for me (and my mother-in- law) to protect my wife and future child from the
heavy walking traffic. Not to mention the fact that our house resides next to a community
chiropractor office inundated with strangers and across the street from a supermar ket
parking lot filled with homeless people. In fact, the day we moved into our home we had
to kindly ask a homeless gentleman to remove his belongings from our front yard. This is
now a matter of personal and public safety.
2)The above paragraph is very clear about stating that the 3 feet height, 15 ft from public
street and 200 ft from intersection rules only apply to “any corner lot or premises.”
Our house is in no way considered a corner lot or premises. The regulation also states that
there is a 6ft maximum height for areas “within all property lines.” Our house does fall into
this category, and definitely adheres to the 6 ft maximum rule.
The Code Section 29.40.0315 applies to ANY CORNER LOT OR PREMISES, it does not say AND
the premises/lot inside the block should have the same regulations. Also , it does not say OR
any premises/lot inside the block should follow the same rule.
EXHIBIT 5
r
It does not say ANY premises or lots, so it is specifically applies to the corner lots/premises and
cannot be considered relevant to our case.
3) According to Section 29.40.0305, the intent of the fence regulations is to:
a.) Preserve the natural beauty of the Town of Los Gatos:
- Our fence does not block any natural beauty as it is an open view fence, not a
solid fence. It does not interfere with any part of the natural beauty.
b.) Preserve the natural movement of wildlife:
- The birds and squirrels can easily operate their daily lives with the fence in place.
c.) Protect traffic view areas:
- The fence doesn’t hamper the traffic view area as we are far away from the
intersection (i.e. not the corner house)
4) Further according to the same Section 29.40.0305, the city of Los Gatos acknowledges
the residents have the right to:
a.) Protect children: We have a 2 month
b.) old infant at home (see picture attached.)
c.) Contain animals
d.) Protect garden or agricultural areas: We have a lot of fruit trees that we love and
care for.
e.) Maintain privacy: Invasions of our privacy have occurred multiple times:
- Sometimes people come to our home mistakenly while searching for the
chiropractor’s office next door.
- A man, posing as a lawyer for the city of Los Gatos, attempted to sneak into our
front yard through the wooden fence. We did not let him in and so he sent
neighbors a request to file complaints against our metal fence. Instead three
different neighbors showed us his e-mails, and offered their support. In fact,
they pointed out how happy they are to have something so beautiful in their
neighborhood to raise their property value. Upon further investigation, we
discovered that this man was actually a real estate broker. We still don’t know
what his reasons were for such behavior.
- One day when walking home with my pregnant wife (before the baby was born),
I had to interact with a homeless man who was attempting to use our wooden
fence as a restroom.
5) Security is an important factor for us. The political situation is unstable, and there can
be riots or dangerous situations anywhere at any time, not to mention Co vid is a huge
concern. For all these reasons, we need to trust that we have something secure in place
to protect ourselves.
6.) There are several fences all over Los Gatos that are 6 feet high.
We are asking for an exception for the vehicular gate regulations.
r
Vehicular gates shall be set back from the edge of the adjacent street a minimum of eighteen (18)
feet as measured along the centerline of the driveway. A greater setback may be required when a
gated entrance serves more than one (1) house.
(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.
According to the above exception, we can keep this gate because we are adjacent to a
commercial property, which is a corner building.
(e) A special circumstance exists, including lot size or configuration, where strict enforcement
of these regulations would result in undue hardship.
( Ord. No. 2286 , § I, 8-6-19)
Our lot has several fruit trees that produce various fruits. Because of this, many unin vited
visitors show up to collect them, including homeless people coming from the plaza across the
street. We need additional security to prevent these unwanted guests. Therefore we are asking
for an exception to qualify for this special circumstance.
We also would lose our emergency parking spaces entirely if we move the gate to 18 feet from
the property line, as they would be blocked off by the gate. I need emergency parking that I can
use to get out quickly when I am on call for urgent surgical procedures day and night.
Also, as you can imagine, not having adequate parking in one’s own home is an extreme
hardship and huge interference with daily life (going to and from work, carrying groceries, not
to mention a heavy car seat for my wife with a baby inside.)
The only other parking space would be closer to the house, but that section is going to be used
for children’s play. There is no other space for our daughter to play outside when she grows up.
If the parking is forced out, it would have to be moved to this space, and the baby’s play area
would disappear.
D.) A special security concern exists that cannot be practically addressed through alternatives.
We respectfully ask that you make an exception and allow our fence with the vehicular
gate to remain intact. We are very willing to get the permit required to secure
legalization of this gate. If any and all other permits are needed, we will be happ y to
comply. We can ask Mr. Meyer which paperwork/permit(s) are necessary. We ask that
an exception be granted by the Town Engineer and Community Development Director.
Also, on our street and several streets around the neighborhood, there are many 6 feet high
fences (see addresses below and pictures attached) with a high vehicular gate on the property
line in plain view in front of people’s houses. There are many more in the neighborhood but the
following is only a list of the addresses around our house. Based on all the aforementioned
reasons, we respectfully ask for you to allow us to also have such a gate and fence.
r
List of 6 Ft high fences addresses in our neighborhood:
- 16698 Los Gatos Almaden Road
- 16486 Los Gatos Almaden Road
- 16400 Los Gatos Almaden Road
- 16388 Los Gatos Almaden Road
- 16360 Los Gatos Almaden Road
- 16194 Los Gatos Almaden Road
- 16166 Los Gatos Almaden Road
- 16250 Blossom Hill Road
- 907 Blossom Hill Road
- 16310 Shannon Road
List of vehicular gates on the property line addresses in our neighborhood:
- 16400 Los Gatos Almaden Road
- 16388 Los Gatos Almaden Road
- 16374 Los Gatos Almaden Road
- 16360 Los Gatos Almaden Road
- 16194 Los Gatos Almaden Road
- 16166 Los Gatos Almaden Road
- 15996 Los Gatos Almaden Road
- 907 Blossom Hill Road
- 16450 Shannon Road
Thank you so much for your time and kindly attention to this matter.
With utmost respect,
The Kohanchi Family
Dear Mr. Kim,
Upon purchasing this house, we hoped to have a warm welcome to the neighborhood. We are
spending a life’s fortune to live in Los Gatos, in the hopes that our newborn daughter has the
best chance at a successful, fruitful, and healthy life.
I would like to usher that I aim to be an outstanding and contributing member, and strong
supporter, of the Los Gatos Community. As one of a limited number of Cardiac
Anesthesiologists that cover Regional Medical Center, Good Samaritan Hospital, and O’connor
Medical Center, I spend my days in the pursuit of improving lives. This has only been validated
with the recent COVID pandemic and the necessity for VV-ECMO placement (artificial devices to
assist with blood oxygenation) which places all healthcare workers at a DIRECT risk.
We purchased our home amidst a global pandemic with rampant fear across the country. I,
myself a physician at the front line, contacted the LG Planning Department in an attempt to
better understand the myriad town codes and apply for permitting. Unfortunately, things
became more difficult with intermittent quarantining and unavailability of people to speak
with. Our only option was to use your website losgatosca.gov for answers.
We signed the contract and started building the fence on 9/10/2020.
1)Town Code Section 29.40.0315 does not appear readily accessible online. In fact, I can’t
find it anywhere. The only guidance available for “Fences, hedges, and walls” is section
29.40.030, which clearly states…
a.“In residential zones, fences, hedges, and walls not over 6 feet high are allowed on or
within all property lines, except that no owner or occupant of any corner lot or premises in
the Town shall erect or maintain upon such lot or premises any fence, hedge or wall
higher than 3 feet above the curb in a traffic view area unless a permit is secur ed from
the Town Engineer. A traffic view area is the area which is within 15 feet of a public street
and within 200 feet of the right-of-way line of an intersection. Barbed wire or razor ribbon
wire is prohibited in all zones.”
b.Our front fence is precisely 6 feet in height. We didn’t see our house as a corner lot or
premise. That being said, the fence was placed out of a sense of necessity. The start of
the COVID pandemic was scary for everyone. Given a demonstrated lack of concern for
personal space, social distancing, and mask requirements by local residents, it became
incumbent for me (and my mother-in- law) to protect my wife and future child from the
heavy walking traffic. Not to mention the fact that our house resides next to a community
chiropractor office inundated with strangers and across the street from a supermarket
parking lot filled with homeless people. In fact, the day we moved into our home we had
to kindly ask a homeless gentleman to remove his belongings from our front yard. This is
now a matter of personal and public safety.
2)The new law that states the 3 feet height rule for fences came into effect on 9/20/2020.
However, as previously stated, we began building the fence on 9/10/2020, thus it was
10 days prior to the enforcement of the new law, when the 6 ft rule was still applicable.
Therefore, no rules were broken at the time of the fence’s conception, and the new laws
cannot be applied to us in this situation.
3)According to Section 29.40.0305, the intent of the fence regulations is to:
EXHIBIT 6
a.) Preserve the natural beauty of the Town of Los Gatos:
- Our fence does not block any natural beauty as it is an open view fence, not a
solid fence. It does not interfere with any part of the natural beauty.
b.) Preserve the natural movement of wildlife:
- The birds and squirrels can easily operate their daily lives with the fence in place.
c.) Protect traffic view areas:
- The fence doesn’t hamper the traffic view area as we are far away from the
intersection (i.e. not the corner house)
4) Further according to the same Section 29.40.0305, the city of Los Gatos acknowledges
the residents have the right to:
a.) Protect children: We have a 1 month old infant at home (see picture attached.)
b.) Contain animals
c.) Protect garden or agricultural areas: We have a lot of fruit trees that we love and
care for.
d.) Maintain privacy: Invasions of our privacy have occurred multiple times:
- Sometimes people come to our home mistakenly while searching for the
chiropractor’s office next door.
- A man, posing as a lawyer for the city of Los Gatos, attempted to sneak into our
front yard through the wooden fence. We did not let him in and so he sent
neighbors a request to file complaints against our metal fence. Instead three
different neighbors showed us his e-mails, and offered their support. In fact,
they pointed out how happy they are to have something so beautiful in their
neighborhood to raise their property value. Upon further investigation, we
discovered that this man was actually a real estate broker. We still don’t know
what his reasons were for such behavior.
- One day when walking home with my pregnant wife (before the baby was born),
I had to interact with a homeless man who was attempting to use our wooden
fence as a restroom.
5) Security is an important factor for us. The political situation is unstable, and t here can
be riots or dangerous situations anywhere at any time, not to mention Covid is a huge
concern. For all these reasons, we need to trust that we have something secure in place
to protect ourselves.
6.) There are several fences all over Los Gatos that are 6 feet high.
We respectfully ask that you make an exception and allow our fence with the vehicular
gate to remain intact. We are very willing to get the permit required to secure
legalization of this gate. If any and all other permits are needed, we will be happy to
comply. We can ask Mr. Meyer which paperwork/permit(s) are necessary. We ask that
an exception be granted by the Town Engineer and Community Development Director.
Thank you so much for your time and kindly attention to this matter.
With utmost respect,
The Kohanchi Family
TOWN OF LOS GATOS
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
(408) 354-6872 Fax (408) 354-7593
July 2, 2021
Nina Guralnic
755 Blossom Hill Road
Los Gatos, CA 95032
RE: 755 Blossom Hill Road
Fence Height Exception (FHE-21-003)
Requesting approval for a constructed six (6) foot fence located within the required
front yard and a vehicular gate set back less than eighteen (18) from the edge of the
adjacent street on property zoned R-1:10. APN 523-04-043.
PROPERTY OWNER: David and Ilana Kohanchi
APPLICANT: Nina Guralnic
The Los Gatos Community Development Department has reviewed the referenced application
for a fence height exception pursuant to Section 29.40.0320. On July 2, 2021, 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, mus t be submitted within 10 days from the
date of denial, or by 5:00 p.m., July 12, 2021.
If you have any questions concerning this decision, please contact Project Planner Diego Mora
at (408) 354-6806 or via email at DMora@losgatosca.gov.
Sincerely,
Diego Mora
Assistant Planner
\\tlg-file\data\DEV\DIEGO\Fence Exemptions\2021\Blossom Hill Rd 755\Blossom Hill Rd 755 Action Letter 07-02-21.docx
CIVIC CENTER
110 E. MAIN STREET
LOS GATOS, CA 95030
EXHIBIT 7
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EXHIBIT 8
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EXHIBIT 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 10
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
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