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Item 4.Addendum with Exhibit 12.144 Wood Road PREPARED BY: Sean Mullin, AICP Senior Planner Reviewed by: Santa Clara County Fire Department, Planning Manager, Community Development Director, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov TOWN OF LOS GATOS PLANNING COMMISSION REPORT MEETING DATE: 03/08/2023 ITEM NO: 4 ADDENDUM DATE: March 7, 2023 TO: Planning Commission FROM: Joel Paulson, Community Development Director SUBJECT: Appeal of a Santa Clara County Fire Department Decision Denying a Request for an Exception to the State Minimum Fire Safe Regulations on Property Zoned HR-5. Located at 144 Wood Road. APN 510-47-045. Building Permit Application B22-0025. PROPERTY OWNERS/APPELLANTS: Omari and Kavita Bouknight. PROJECT PLANNER: Sean Mullin. REMARKS: Exhibit 12 includes public comment received between 11:01 a.m., Friday, March 3, 2023, and 11:00 a.m., Tuesday, March 7, 2023. EXHIBITS: Previously received with the March 8, 2023 Staff Report: 1. Location Map 2. Required Findings and Statement of Reasons 3. Recommended Conditions of Approval 4. Appeal Package a. Appeal Form b. Project Plans – Architecture and Site Application c. Planning Commission Written Description of Project, dated January 30, 2023 d. Recorded Easements Benefitting 144 Wood Road e. Addresses Along Wood Road f. Community Development Department - Development Review Application Package g. Staff Technical Review Meeting Agenda, May 19, 2021 h. SCCFD Review Letter (Architecture and Site Application), June 22, 2021 i. Project Sign for Architecture and Site Application j. Planning Commission Action Letter, August 25, 2021 PAGE 2 of 2 SUBJECT: 144 Wood Road/B22-0025 DATE: March 7, 2023 EXHIBITS (continued): k. Planning Commission Approval of Meeting Minutes with Final Conditions of Approval l. Supplemental Geotechnical Letter, dated July 16, 2022 m. Appellants' Notes of Meeting with Staff, January 10, 2023 n. County of Santa Clara, Department of Planning and Development Memorandum, dated November 16, 2021 o. Office of the County Counsel, County of Santa Clara Memorandum, dated September 26, 2022 p. Appellants' Summary of Takings Case Law q. Appellants' Summary of Application Timeline r. Property Owners' Exception Request to the Fire Safe Regulations, dated December 13, 2022 s. SCCFD Denial of Property Owners' Exception Request to the Fire Safe Regulations, dated January 18, 2023 t. Appellants' Letter of Justification for Appeal, dated January 30, 2023 u. Topographic Survey of Wood Road v. Road Profile of Wood Road w. Feasibility Study of Wood Road Improvements by Hanna-Brunetti x. County of Santa Clara, Department of Planning and Development Memoranda, dated August 3, 2022, July 19, 2022, and August 2, 2022 5. Public Resources Code 4290 6. Fire Hazard Severity Zones Map 7. Fire Safe Regulations 8. SCCFD Review Letter (Building Permit Application), dated November 30, 2022 9. SCCFD Standard Detail A-1, Fire Department Apparatus Access 10. SCCFD Standard Detail D-1, Specifications for Driveways, Turnarounds, and Turn Outs 11. Public Comments received by 11:00 a.m., Friday, March 3, 2023 Received with this Addendum Report: 12. Public Comment received between 11:01 a.m., Friday, March 3, 2023, and 11:00 a.m., Tuesday, March 7, 2023. From: alan.carlton <> Sent: Friday, March 3, 2023 12:17 PM To: Sean Mullin <SMullin@losgatosca.gov> Subject: Bouknight Family Endorsement [EXTERNAL SENDER] Dear Commissioners, We are writing to provide our support of the appeal request that you are considering on March 8 from family Bouknight. We believe that what the Bouknights have submitted meets the spirit of the regulation PRC 4290, allowing for reasonable access and improving fire safety. There is no question that all together, their improvements will create a more fire safe area than leaving their property as a vacant lot. We are residents here in Los Gatos and have gotten to know the Bouknights over the past few years, as our twins attend the local public school with their twins. They are a very thoughtful family and have become valuable and active members of our community. They have also been working very hard to obtain the approvals that are frequently elusive in the path to building a single-family home. From what we can see, they have done everything the “right way”, partnering with the various groups responsible for technical code reviews and securing the appropriate approvals. We would hope that the commission would honor that work on March 8, as it’s now spanned more than 26 months. Those 26 months reflect intense and meaningful effort on their part and significant patience despite what has been an obscure and unfortunate process. We would urge the planning commission to approve their appeal request. Respectfully, Alan & Paula Carlton () EXHIBIT 12 From: Justin Draa <> Sent: Sunday, March 5, 2023 3:10 PM To: Sean Mullin <SMullin@losgatosca.gov> Subject: Neighbor Letter Supporting Bouknight’s Appeal RE Application of PRC 4290 Permitting Construction of their Home at 144 Wood Rd. [EXTERNAL SENDER] Dear Los Gatos Planning Commission: I write in full support of the Bouknight family’s application, not just as a long-time Town resident with significant roots since kindergarten at Daves Avenue Elementary School in the 80’s, but as the most immediately adjacent neighbor to the subject parcel. My family purchased and moved into the home at in 2017/2018, always with the knowledge and expectation that another home would likely soon be built across the road on what is now the Bouknight’s land. This is because our respective parcels were part of a prior lot split (by predecessor owners) done with the very stated intent and easement planning needed for that purpose. These past steps were known by the Town as well as Santa Clara Fire Department based on the approved certificate of compliance established back in 2014 and approved lot line adjustment established in 2016. As part of the process, there was even a Santa Clara Fire Truck turnaround easement established as part of the driveway put in place in 2017. I first came to know the Bouknight family in May 2020 as they considered purchasing the vacant property across the street. We were supportive of their purchase in June 2020 and remain enthusiastic about their thoughtful efforts to improve our neighborhood. We have worked collaboratively since, it’s been nice to get to know their family and become friends. Having been close to this process, and observing what the Bouknights have faced for far too long, the current status is truly disappointing. Plans were submitted for approval back in January 2021, meaning they have been trying to work through this process for more than two years and counting. I first called in to support the Bouknight’s project submission back in August 2021, which was approved by this commission after hearing and vote. They submitted for their grading permits in October of 2021 in accordance with the final conditions of approval delivered by the planning commission, meaning that they’ve been waiting to receive permits for almost a year and a half despite having already received planning commission approval. From what I have gleaned, the sticking point seems to be the ‘out of nowhere,’ retroactive implementation and application of the arcane PRC 4290, which appears to be unreasonably impractical if not impossible to meet through a point-by-point evaluation when applied to existing conditions. Nevertheless, the Bouknights have demonstrated incredible patience, flexibility, and willingness to show that Wood Road meets the spirit and intent of PRC 4290. They have shown this save a few short segments of road grade that it meets the standard. I further question the practical fallout of blocking the Bouknight’s project. The implication seems to be that none of us who live along the road can ever upgrade our homes to be more fire safe if doing so may constitute a technical “rebuild.” More importantly, and as a practical matter, Wood Road is manageable and already accessed by fire trucks and apparatuses. My family personally observed the County’s operational assessment completed on November 4, 2022. The turnaround assessment was completed without issue. Moreover, I have personally witnessed multiple fire trucks manage and navigate the road without issue, turning in and out of my driveway with ease. It seems common-sense that blocking the Bouknight’s project based on retroactive application of a regulation in a manner inconsistent with other towns in this state relative to a roadway is just plain unfair and wrong. Whether it constitutes an unconstitutional taking is another question, but I cannot fathom why the Town or County would see any value in pursuing the question. In short, I wholeheartedly support the Bouknight’s appeal request and sincerely hope that the commission investigates how this whole regulation is being implemented. Not from a place of technicality and arbitrary application, but one of practicality, fairness, and simply keeping with the spirit of this Town’s character of doing right by its citizens. Respectfully, Justin Draa From: cathylw <> Sent: Monday, March 6, 2023 11:32 AM To: Sean Mullin <SMullin@losgatosca.gov> Subject: 144 Wood Rd, Bouknight appeal [EXTERNAL SENDER] From: Cathy Weiner, , Los Gatos Re: Letter Supporting Bouknight’s Appeal RE Application of PRC 4290 Permitting Construction of their Home at 144 Wood Rd. Dear Los Gatos Planning Commission: I am writing to extend my full support to the Bouknight application. I’ve lived in Los Gatos since 1983, and during that almost 40 years have been involved in multiple building permits and projects. My four grown children attended Los Gatos Schools, and I'm thrilled now to know my daughter and son-in-law, Los Gatos residents, just registered their oldest child at Daves Ave School Kindergarten. Los Gatos is indeed a special town, supported by it’s Town Council and all Commisions. During the years, I’ve attended multiple planning meetings as well as Town Council Meetings and often voiced an opinion. I’m flabbergasted and saddened that The Bouknights have not been issued a building permit. This family has patiently and in good faith followed all the necessary steps for building a home; and yet, while other other towns in the state have allowed building to continue, Los Gatos has arbitrarily and retroactively enforced PRC 4290. PRC 4290 isn’t practical and has been unfairly used to block the Bouknight’s application. Bouknight’s have patiently waited and demonstrated Wood Road is appropriate for Fire Truck usage, along with design elements to make the home as fire safe as possible. As a town resident, I understand that not all issues are resolved favorably to residents, but this situation has left me wondering just how in touch you are with the residents. How can you arbitrarily block this family from building a home? Have you spoken to other towns and understood their interpretation? What will the implications of this be going forward be? That hillside residents will face roadblocks when it comes to remodeling? Surely, more clarity and practicality on this issue is needed. Please show all of us, that as a Commission, decisions are equitable and appropriate, and support and assist the residents of our town; it’s time to allow the Bouknights to obtain a building permit after a process that has taken much too long. Cathy Weiner From: > Sent: Monday, March 6, 2023 3:14 PM To: Sean Mullin <SMullin@losgatosca.gov> Subject: In Support of Bouknight's Project [EXTERNAL SENDER] Dear Planning Commissioners: Thank you for the opportunity to write on behalf of the Bouknight family in support of their appeal request of the application of two subsections of the PRC 4290 regulations. We are relatively new residents of the Los Gatos community and are excited to be part of this town, as it provides a number of opportunities for my family personally, academically, and professionally. We are quite pleased to be able to send our children to the local public schools. As we settled into the community, we came to know the Bouknight family as our children attend school together. The Bouknight family has been warm and helpful as we’ve become acclimated to the area. They are excellent ambassadors and representatives of the town. As I became more familiar with the area and real estate in the town, I took interest in the Bouknights’ single-family home project. Over a significant period of time, I’ve developed expertise in the areas of thermal management and fire protection engineering, including high-level academic research in fire detection, suppression, and fire safety policy. While I won’t claim to be an expert in all of the particulars of this regulation, it is clear that what is proposed as part of this project would improve fire safety in the area, compared to simply leaving the property as a vacant lot. What is proposed in the Bouknights’ plans includes the introduction of significant defensible space and the incorporation of a fire break landscaping plan. They have agreed to use materials and construction methods for exterior wildfire exposure as well as completing landscaping and vegetation clearance, all in alignment with PRC 4291. In addition, they will implement a private fire protection system with a wharf hydrant accessible at all times. A dedicated water tank system will be put in place with a capacity of a minimum of 20,000 gallons of water. Access will be facilitated via the construction of a fire apparatus driveway with a paved all-weather surface leading to the fire department apparatus driveway turnaround. A practical evaluation of the Bouknights’ proposal would lead to the same determination that Staff has made: this project meets the intent of providing defensible space consistent with the PRC 4290 regulations. And as such, the appeal should be upheld. I would ask that the planning commission support this appeal. Sincerely, Hadi Bordbar (Dr.) Los Gatos, CA From: Ben Draa <> Sent: Monday, March 6, 2023 7:12 PM To: Sean Mullin <SMullin@losgatosca.gov> Subject: Support for the Bouknight family's appeal re: application of PRC 4290 permitting construction of their future home at 144 Wood Road [EXTERNAL SENDER] To whom it may concern at the LG Planning Commission: I write to express my support for the Bouknight family's appeal/application for permission to finally build a family home at their vacant lot on Wood Road. As someone who was born and raised in Los Gatos and currently owns a home at , I believe it is important to support new housing development within our community, and that major financial/real estate investments and related planning of our neighbors be reasonably supported. It is evident that Wood Road is a safe and accessible street for the proposed development. Other homes along the same Road have been successfully renovated, and it seems apparent that fire trucks can and do regularly access the area without issue. As we all know, California is currently facing a severe housing crisis, and Los Gatos is not immune to its effects. We must work collaboratively to find practical solutions to this problem. Approving new housing for those who are willing to build it is a crucial step. While I understand that there may be concerns and considerations surrounding this application, I encourage the Commission to reconsider with an open mind and a focus on finding a solution that benefits our neighbors and overall community. In conclusion, I believe approval of the Bouknight family's application to build a home at 144 Wood Road is an obvious, positive step towards addressing the housing shortage in our community. To that end, please carefully consider their position and work collaboratively with the Bouknight family to ensure a successful, ‘win-win’ outcome. Sincerely, Ben Draa Los Gatos, Ca, From: Norm Matteoni <> Sent: Tuesday, March 7, 2023 8:43 AM To: Sean Mullin <SMullin@losgatosca.gov> Subject: Planning Commission Agenda 3-9-23l Appeal of County Fire Department Decision Denying a Request for an Exception to the State Minimum Fire Safe Regulations on Property Zoned HR-5. Located at 144 Wood Road. APN 510-47-045. [EXTERNAL SENDER] Dear Mr. Mullin: Please place the following before the Commission for its hearing on Wednesday: Dear Chair and Members of the Planning Commission: I represent an adjoining property owner immediately to the west of 144 Wood Road, David Ebrahimi. That property is APN 510-46-07. There is current litigation (Case No. 22CV408715 Santa Clara County Superior Court) between these property owners as to Mr. Ebrahimi’s right of access over what is known as Old Upper Wood Road that progresses from the Bouknight driveway northward and then wraps along that property’s northerly boundary to the Ebrahimi property. This is the historic upper section of Wood Road that dates to the late 1800s. The attached 1965 survey map shows the full length of Wood Road from Santa Cruz Avenue to the Ebrahimi property; and the second attachment shows the topographic survey of the Upper Wood Road through the Bouknight parcel. It should be noted that the throat of the proposed Bouknight driveway overlaps a portion of the disputed right of way: I recognize that the issue is compliance or exception to County Fire Department regulations for safe emergency access. But, my client questions the consistency of the comment that there is a turnout approximately 920’ from Santa Cruz Avenue, as stated in Mr. Bouknight’s appeal letter, contrasted with the comment from his engineer that there is an acceptable turnout at 1925’ (beyond the fire requirement of 1325’) from Santa Cruz Avenue. Setting aside the distance of that turnout, there is no illustration/description of that area in the packet and how it satisfies fire requirements. There is another alternative and that is connecting the section of Wood Road running along the southerly boundary of Bouknight through the Ebrahimi property to meet the western reach of Old Upper Wood Road. Such a route would provide complete circulation around the Bouknight property and Mr. Ebrahimi is agreeable to that solution. Fire safety is critical to this area and when considering exemptions to the County Fire requirements, all reasonable alternatives should be addressed. Respectfully submitted, Norman Matteoni NORMAN E. MATTEONI CONFIDENTIALITY NOTICE: This email may be confidential and protected by legal privilege. If you are not the intended recipient, disclosure, copying, distribution and use are prohibited; please notify us immediately and delete this copy from your system. This Page Intentionally Left Blank