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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 This Page Intentionally Left Blank 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