Item 2 - Addendum with Exhibit 13 .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
ADDENDUM
DATE: September 13, 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.
REMARKS:
Exhibit 13 includes public comments received after the preparation of the Staff Report.
EXHIBITS:
Previously received with the September 14, 2022 Staff Report:
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
Received with this Addendum Report:
13. Public Comment received 11:01 a.m., September 9, 2022, and 11:00 a.m., September 13, 2022
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From: Jenny Gifford
Sent: Sunday, September 11, 2022 11:26 AM
To: Planning Comment <PlanningComment@losgatosca.gov>
Subject: FHE-21-003 755 Blossom Hill road
EXTERNAL SENDER
Dear Planning Commission members,
I believe the fencing at 755 Blossom Hill Road should remain as installed. Not withstanding the Town's
ordinances regarding fencing, this fencing is not impeding any driver visibility, nor cross traffic
awareness. I think this fence is asthetically pleasing, provides the family safety necessary when living on
a busy thoroughfare, and allows for additional parking; which is not available off street in this location.
As for myself, I would not want people wandering onto my property unannounced, nor trespassing to
"pick fruit from an abandoned property". In the current times, property crimes are up, our Los Gatos
transient population has increased and we no longer feel safe leaving our home. I for one, if I had this
property, would want additional security.
If anything, the fire department should require a "knox box" which would allow for fire access should
there be an emergency.
Again, I am in favor of approving a fence height exception for 755 Blossom Hill Road.
Sincerely,
Jennifer Gifford
From: Samantha Perez
Sent: Monday, September 12, 2022 10:04 AM
To: Planning Comment <PlanningComment@losgatosca.gov>
Subject: Written statement
EXTERNAL SENDER
To whom it may concern,
Hello, thank you for this opportunity to speak in support of the family. My name is Sam and I am writing
to express my support for this case to be an exception to keep their current fence on their property. I
understand that there are city ordinances in place for safety reasons but I feel that this situation should
be granted as an exception. Given the location of the property the fence seems appropriate for the
location. They are surrounded by businesses and are in a busy commercial area which I think warrants
an exception. Everyone should have the right to choose the type of safety they prefer to protect their
property and I believe that this family should continue to have this right.
Thank you for your time,
Sam
EXHIBIT 13
From:
Sent: Monday, September 12, 2022 10:29 AM
To: Savannah Van Akin
Subject: 755 Blossom Hill Rd.; Deny Appeal by Property Owner; Remove Steel Fence; Safety Issue
EXTERNAL SENDER
09.12.22
To: Savannah Van Akin
Planning Dept.
Town of Los Gatos
Re: 755 Blossom Hill Rd.; Deny Appeal by Property Owner; Remove Steel Fence; Safety Issue
Hello,
I am writing for two purposes: 1) To recommend the Planning Commission deny 755 Blossom Hill Rd.'s
request for a fence height exception and 2) To recommend the Planning Commission require 755
Blossom Hill Rd. remove the steel fencing abutting the Town's sidewalk because it presents serious
safety issues on busy Blossom Hill Rd. both to vehicle traffic and the pedestrian using the sidewalk.
This year, I witnessed while walking and driving two safety issues from trucks attempting to access the
property that could have resulted in vehicle accidents with injury or death. While walking eastbound on
the south side of Blossom Hill Rd., I witnessed a gardening truck come to a complete stop in the traffic
lane on Blossom Hill Rd. directly in front of 755 Blossom Hill Rd.'s driveway. There was no access to the
property because the steel fence gate was closed; the steel fence abuts the Town's sidewalk. As a result,
the gardening truck in the westbound lane impeded the flow of traffic. The driver got out of the truck
and walked up to the gate and appeared to call for access. This was not an emergency where a firetruck
or police car had the legal right to stop traffic. The second safety event I witnessed was a delivery truck
that ran up onto the sidewalk with the back of the vehicle sticking out into the westbound traffic lane.
The delivery truck was either a UPS or Amazon truck. Further, regarding the sidewalk use for the
pedestrian: the steel fence abuts right to the edge of the sidewalk where walking becomes problematic
whether one is pushing a wheelchair, in a wheelchair pushing oneself, or pushing a stroller because
there is virtually no "elbow room" nor is there any margin to correct while in a wheelchair, pushing a
wheelchair or stroller because one would collide with the steel fence. Code requires setbacks for
fencing. Presently a setback is nonexistent.
No property owner along Blossom HIll Rd. between Cherry Blossom Dr. and Camellia Terrance has a
fence and gate that abuts to the sidewalk as to impede access to and from their property. This section of
Blossom HIll Rd. is a thoroughfare. There is no street parking. The property owner has no legal right to
impede vehicle traffic. Presently, this is an untenable situation with no guarantee the westbound lane
on Blossom Hill Rd. will not be impeded by any delivery or gardening truck in the future in an attempt to
access the property. The Planning Dept. for the Town of Los Gatos cannot create a legal ordinance based
on a promise by the property owner to leave their gate open. The property owner already has a wooden
fence in back of the steel fence that appears to meet code in terms of setback and height requirement.
I urge the Planning Commission to deny the appeal at 755 Blossom Hill Rd. and require the property
owner to remove the illegal fence. This matter is not just a height issue but a safety issue. As you are
aware, a man was killed a block away on busy Blossom Hill Rd. prior to the Pandemic while removing
items from the trunk of his car while parked legally on Blossom Hill Rd. The man was hit from behind
and died from his injuries.
I respectfully request the Planning Dept. and the Planning Commission omit my contact information
from the public record. I do not want to potentially be harassed by a property owner because my
statement and concerns are not favorable to a property owner. I have learned of both the Town Council
and those in the Los Gatos community who have experienced harassment.
Thank you.
Sincerely,
From: Maria Chemodan <>
Sent: Monday, September 12, 2022 11:25 AM
To: Planning Comment <PlanningComment@losgatosca.gov>
Subject: Statement for 755 Blossom Hill Rd - Fence acceptation application FHE-21-003
EXTERNAL SENDER
Hello, my name is Mary Redmond.
I am working near this property everyday. I can see the property on my way to work. The family at this
house is being told to cut the beautiful metal fence they have put up on their property to protect their
home and family members. This is a very busy and dangerous road with fast cars driving by. We must
allow our families to protect themselves and especially their children. This fence is a way to protect
them, and it allows the neighborhood to remain beautiful and the views remain unobstructed. The fence
is pleasant and peaceful to look at. Being able to see the gorgeous trees through the fence makes it
special, as does the strength and protection of the metal. I know there are children who live and play in
the yard that the fence protects. It makes the neighborhood look better.
Please leave it the way it is.
Thank you for your attention,
Mary Redmond