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Staff Report with Exhibits. 517 San Benito 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: 12/13/2023 ITEM NO: 7 DATE: December 8, 2023 TO: Planning Commission FROM: Joel Paulson, Community Development Director SUBJECT: Requesting Approval for Reduced Front Yard Setbacks on a Non-Conforming Property Zoned R-1:8. Located at 517 San Benito Avenue. APN 410-18-018. Architecture and Site Application S-23-024. Categorically Exempt Pursuant to CEQA Guidelines Section 15303: New Construction or Conversion of Small Structures. Property Owner: Candace Zaheri. Applicant: John Gutknecht. Project Planner: Ryan Safty. RECOMMENDATION: Consider approval of a request for reduced front yard setbacks on a non -conforming property zoned R-1:8, located at 517 San Benito Avenue. PROJECT DATA: General Plan Designation: Medium Density Residential Zoning Designation: R-1:8 – Single-Family Residential Applicable Plans & Standards: General Plan, Residential Design Guidelines Parcel Size: 5,750 square feet Surrounding Area: 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. Existing Land Use General Plan Zoning North Residential Medium Density Residential R-1:8 South Residential Medium Density Residential R-1:8 East Residential Medium Density Residential R-1D West Residential Medium Density Residential R-1:8 PAGE 2 OF 6 SUBJECT: 517 San Benito Avenue/S-23-024 DATE: December 8, 2023 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; ▪ As required by Section 29.10.265 of the Town Code for granting a setback exception on a non-conforming lot; ▪ The project meets the objective standards of Chapter 29 of the Town Code (Zoning Regulations); and ▪ The project is in compliance with the Residential Design Guidelines for single-family residences not located in hillside areas. ACTION: The decision of the Planning Commission is final unless appealed within ten days. BACKGROUND: The subject property is located on the west side of San Benito Avenue, just north of the intersection of San Benito Avenue and Andrews Street (Exhibit 1). The immediate neighborhood consists of single-family residential properties, with an R-1:8 zone on the west side of San Benito Avenue and R-1D zone on the east side. The property is 5,750 square feet and zoned R-1:8. The minimum lot size for R-1:8 zoned properties is 8,000 square feet, and therefore the property is existing legal non-conforming to minimum lot size. The four properties south of the subject property on the west side of San Benito are all approximately the same size as the subject property and are also zoned R-1:8, and therefore they are also non-conforming as to the minimum lot size of the zone. On September 30, 2021, the owner applied for a building permit for a 494-square foot addition to the rear and side of the existing home, as well as an interior remodel. Building Permit B21 - 0944 was originally issued on January 21, 2022, and then issued again on June 22, 2022, following plan revisions (Exhibit 4). On June 22, 2023, Planning staff visited the site to conduct a final inspection for the work conducted pursuant to B21-0944 and found that a new covered entry was constructed at the front of the residence that was not shown on the building permit plans. Staff informed the applicant that we could not approve the work or issue occupancy as the new front entry was not shown or approved in the building permit plans and that a revision to the building permit would be required to show and permit this new work. PAGE 3 OF 6 SUBJECT: 517 San Benito Avenue/S-23-024 DATE: December 8, 2023 BACKGROUND (continued): The applicant updated the project plans which showed the posts of the covered entry encroaching into the required front yard setback. On August 16, 2023, the applicant applied for an Architecture and Site Application to request a reduced front yard setback on a non- conforming lot to allow the front porch. PROJECT DESCRIPTION: A. Location and Surrounding Neighborhood The subject property is located on the west side of San Benito Avenue, just north of the intersection of San Benito Avenue and Andrews Street (Exhibit 1). The immediate neighborhood consists of single-family residential properties, with an R-1:8 zone on the west side of San Benito Avenue and R-1D zone on the east side. B. Project Summary and Zoning Compliance The applicant is requesting approval for a reduced front yard setback on a non-conforming lot. The applicant constructed a new gabled, covered entry at the front of the house with posts that are 16 feet, six inches from the front property line when 25 feet is required by the zone. The parcel is 5,750 square feet when the minimum of the R-1:8 zone is 8,000 square feet, and therefore is considered legal non-conforming. The applicant is requesting an exception pursuant to Town Code Section 29.10.265 – Nonconforming Lots: The following provisions apply to nonconforming lots: […] (3) Any rule of the zone including front, side, and rear yard requirements may be modified by the terms of the architecture and site approval so that the building and its use will be compatible with the neighborhood. DISCUSSION: A. Architecture and Site Analysis The applicant has submitted an Architecture and Site Application (S-23-024) to legalize unpermitted work to the front of the house that projects into the required front setback. As noted in the project plans (Exhibit 5) and Letter of Justification (Exhibit 6), the front post of the covered entry has a 16-foot, six-inch front setback when 25 feet is required. According to the application materials provided, the house previously had a covered entry with a shed roof with posts that project further into the required front setback, with a 13 - foot, five-inch front setback. However, the Town could not locate permits for the previous covered entry that, according to Google Maps Streetview imagery, was constructed PAGE 4 OF 6 SUBJECT: 517 San Benito Avenue/S-23-024 DATE: December 8, 2023 DISCUSSION (continued): sometime following 2015. Additionally, the previous covered entry was approved for removal with Building Permit B21-0944 and was not shown to be replaced or reconstructed. Therefore, any allowance to keep or continue an existing non-conformity was lost when the previous covered entry was demolished as there were no approved plans to rep lace it. Any proposal to construct a new covered entry in the same or similar location requires approval of an Architecture and Site application for reduced setbacks on a non-conforming lot. The new covered front porch creates a gabled entry for the residence. The roof materials are asphalt shingles to match the rest of the home, with vertical wood siding on the exposed gable to compliment the horizontal siding on the rest of the residence. The base of the supporting posts is wrapped with stone, and the furthest edge of the column base has a front setback of approximately 16 feet, six inches. Pursuant to Town Code Section 29.10.265(3) – Nonconforming Lots – the required front setback may be modified by the deciding body if it’s found that the building and its use will be compatible with the neighborhood. The applicant provided information on neighborhood compatibility within Exhibits 5 and 6, which is based on a site visit with staff to measure the setbacks of each neighboring property on the west side of San Benito Avenue. The survey focused on the west side of San Benito Avenue, from the Andrews Street and Thurston Street intersections. This portion of San Benito Avenue includes seven properties, including the subject property, all of which are zoned R-1:8. The survey found that of the six neighboring properties on the west side of San Benito Avenue, four do not comply with the required 25-foot front yard setback: 515 San Benito has a front setback of approximately 19 feet, nine inches; 513 San Benito has a front setback of approximately 13 feet, six inches; 505 San Benito has a front setback of approximately 24 feet, four inches; and 501 San Benito has a front setback of approximately 21 feet, three inches. These four properties are all south of the subject property, with the two properties to the north complying with the required setback. The average front setback of the six neighboring properties on the west side of San Benito Avenue is approximately 21 feet, eight inches feet. The average setback of the four non -conforming properties south of the subject property on the west side of San Benito is approximately 19 feet, eight inches. The subject application proposes to legalize a covered entry with a 16-foot, six-inch front setback. The covered entry on the subject property would have the second smallest front setback on this side of the street and would be approximately five feet closer to the front property line than the neighborhood average for this side of the street. PAGE 5 OF 6 SUBJECT: 517 San Benito Avenue/S-23-024 DATE: December 8, 2023 DISCUSSION (continued): The east side of the street is zoned R-1D as opposed to R-1:8. The front setback requirement in the R-1D zone is 15 feet compared to 25 feet for R-1:8 zoned properties. All five properties in the R-1D zone on the east side of San Benito comply with the required 15- foot front setback requirement. The average front setback of these five properties is approximately 16 feet, four inches. Although the zone is different across the street, the built conditions frame the neighborhood context and are important to review with this exception request. When averaging the front setback of all neighbors within the block (both sides of the street with two different zones), the average setback is approximately 19 feet. The covered entry on the subject property would be approximately two feet, six inches closer to the front property line than the neighborhood average. B. Neighbor Outreach Within the Letter of Justification (Exhibit 6), the applicant mentioned that they have consulted with several of the neighbors who have verbally expressed support of the project. No support letters have been provided. 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 the time of preparation of this report, no public comment has been received. CONCLUSION: A. Summary The applicant is requesting approval for a reduced front yard setback on a non -conforming lot. The applicant constructed a new gabled covered entry at the front of the house with posts that are 16 feet, six inches from the front property line when 25 feet is required by Town Code. The parcel is 5,750 square feet where the minimum parcel size of the R-1:8 zone is 8,000 square feet, and therefore is considered a non-conforming lot. Town Code Section 29.10.265(3) allows the deciding body to modify the front setback requirement of a non-conforming lot if it’s found that the building and its use will be compatible with the neighborhood. PAGE 6 OF 6 SUBJECT: 517 San Benito Avenue/S-23-024 DATE: December 8, 2023 CONCLUSION (continued): B. Recommendation Staff recommends that the Planning Commission review the application materials and staff report and consider the setback exception request. If the Planning Commission can find that the location of the projecting covered entry is compatible with the neighborhood, and finds merit with the proposed project, it should: 1. Make the finding that the proposed 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); 2. Make the finding as required by Section 29.10.265 of the Town Code for allowing an exception to setbacks on a non-conforming property (Exhibit 2); 3. Make the finding that the project complies with the objective standards of Chapter 29 of the Town Code except the requested front yard setback reduction (Exhibit 2); 4. Make the considerations as required by Section 29.20.150 of the Town Code for granting approval of an Architecture and Site application (Exhibit 2); 5. Make the finding that the project is in compliance with the Residential Design Guidelines for single-family residences not located in hillside areas (Exhibit 2); and 6. Approve Architecture and Site Application S-23-024 with the draft conditions contained in Exhibit 3 and the development plans in Exhibit 5. C. Alternatives Alternatively, the Commission can: 1. Continue the matter to a date certain with specific direction; 2. Approve the application with additional and/or modified conditions; or 3. Deny the application. EXHIBITS: 1. Location Map 2. Required Findings and Considerations 3. Recommended Conditions of Approval 4. Building Permit B21-0944 Approved Plans 5. Development Plans, Received November 2, 2023 6. Letter of Justification, Received November 2, 2023 ANDRE W S S T SAN BENITO AVMAYS AVMONTEREY AVOLIVE S T THURS T O N S T MONTGOMERY STASHLE R A V N SANTA CRUZ AVSAN BENITO AV517 San Benito Avenue 0 0.250.125 Miles ° 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)- Updated 08-23-23 to link to "Town Assessor Data" (sm) EXHIBIT 1 This Page Intentionally Left Blank \\TLG-FILE\DATA\SHARE\PLANNING COMMISSION REPORTS\2023\12-13-2023\ITEM 7 - 517 SAN BENITO AVE\EXHIBIT 2 - REQUIRED FINDINGS AND CONSIDERATIONS.DOCX PLANNING COMMISSION – December 13, 2023 REQUIRED FINDINGS & CONSIDERATIONS FOR: 517 San Benito Avenue Architecture and Site Application S-23-024 Requesting Approval for Reduced Front Yard Setbacks on a Non-Conforming Property Zoned R-1:8. APN 410-18-018. Categorically Exempt Pursuant to CEQA Guidelines Section 15303: New Construction or Conversion of Small Structures. PROPERTY OWNER: Candace Zaheri. APPLICANT: John Gutknecht. FINDINGS 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. Required finding for a setback exception on a non-conforming property: ■ As required by Town Code Section 29.10.265, the front setback exception is compatible with the surrounding neighborhood per the neighborhood analysis in the staff report. Required compliance with the Zoning Regulations: ■ The project meets the objective standards of Chapter 29 of the Town Code except the requested front yard setback reduction. Required compliance with the Residential Design Guidelines: ■ The project is in compliance with the Residential Design Guidelines for single family residences not in hillside areas. The project proposes to include a new gabled, covered front entry to an existing residence that is compatible with the existing architectural style and exterior materials of the residence. CONSIDERATIONS Required considerations in review of Architecture & Site applications: ■ As required by Section 29.20.150 of the Town Code, the considerations in review of an Architecture and Site application were all made in reviewing this project. EXHIBIT 2 This Page Intentionally Left Blank PLANNING COMMISSION – December 13, 2023 DRAFT CONDITIONS OF APPROVAL 517 San Benito Avenue Architecture and Site Application S-23-024 Requesting Approval for Reduced Front Yard Setbacks on a Non-Conforming Property Zoned R-1:8. APN 410-18-018. Categorically Exempt Pursuant to CEQA Guidelines Section 15303: New Construction or Conversion of Small Structures. PROPERTY OWNER: Candace Zaheri. APPLICANT: John Gutknecht. 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 and in substantial compliance with the approved plans. Any changes or modifications to the approved plans and/or business operation shall be approved by the Community Development Director, DRC or the Planning Commission depending on the scope of the changes. 2. EXPIRATION: The 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. OUTDOOR LIGHTING: Exterior lighting shall be kept to a minimum and shall be down directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights shall be used unless it can be demonstrated that they are needed for safety or security. 4. FRONT YARD LANDSCAPE: Prior to issuance of a Certificate of Occupancy the front yard must be landscaped. 5. WATER EFFICIENCY LANDSCAPE ORDINANCE: The final landscape plan shall meet the requirements of the Town of Los Gatos Water Conservation Ordinance or the State Water Efficient Landscape Ordinance, whichever is more restrictive. Submittal of a Landscape Documentation Package pursuant to WELO is required prior to issuance of a building permit. A review fee based on the current fee schedule adopted by the Town Council is required when working landscape and irrigation plans are submitted for review. A completed WELO Certificate of Completion is required prior to final inspection/certificate of occupancy. 6. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement (“the Project”) from the Town shall defend (with counsel approved by Town), indemnify, and hold harmless the Town, its agents, officers, and employees from and against any claim, action, or proceeding (including without limitation any appeal or petition for review thereof) against the Town or its agents, officers, or employees related to an approval of the Project, including without limitation any related application, permit, certification, condition, environmental determination, other approval, compliance or failure to comply with applicable laws and regulations, and/or processing methods (“Challenge”). Town may (but is not obligated to) defend such EXHIBIT 3 Challenge as Town, in its sole discretion, determines appropriate, all at applicant’s sole cost and expense. Applicant shall bear any and all losses, damages, injuries, liabilities, costs, and expenses (including, without limitation, staff time and in-house attorney’s fees on a fully-loaded basis, attorney’s fees for outside legal counsel, expert witness fees, court costs, and other litigation expenses) arising out of or related to any Challenge (“Costs”), whether incurred by Applicant, Town, or awarded to any third party, and shall pay to the Town upon demand any Costs incurred by the Town. No modification of the Project, any application, permit certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in such Challenge as Town, in its sole discretion, determines appropriate, all at the applicant’s sole cost and expense. No modification of the Project, any application, permit certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in processing methods shall alter the applicant’s indemnity obligation. 7. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the building plans detailing how the Conditions of Approval will be addressed. Building Division 8. PERMITS REQUIRED: A revision to the existing building permit (B21-0944) is required to show the new approved covered front entry. 9. APPLICABLE CODES: The current codes, as amended and adopted by the Town of Los Gatos as of January 1, 2023, are the 2022 California Building Standards Code, California Code of Regulations Title 24, Parts 1-12, including locally adopted Reach Codes. 10. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue lined in full on the cover sheet of the construction plans. A Compliance Memorandum shall be prepared and submitted with the building permit application detailing how the Conditions of Approval will be addressed. 11. SIZE OF PLANS: Minimum size 24” x 36”, maximum size 30” x 42”. 12. BLUEPRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara Valley Nonpoint Source Pollution Control Program Sheet (page size same as submitted drawings) shall be part of the plan submittal as the second page. The specification sheet is available online at www.losgatosca.gov/building. 13. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit: a. Community Development – Planning Division: (408) 354-6874 b. Engineering/Parks & Public Works Department: (408) 399-5771 c. Santa Clara County Fire Department: (408) 378-4010 d. West Valley Sanitation District: (408) 378-2407 e. Local School District: The Town will forward the paperwork to the appropriate school district(s) for processing. A copy of the paid receipt is required prior to permit issuance. TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS: Engineering Division 14. GENERAL: All public improvements shall be made according to the latest adopted Town Standard Plans, Standard Specifications and Engineering Design Standards. All work shall conform to the applicable Town ordinances. The adjacent public right-of-way shall be kept clear of all job-related mud, silt, concrete, dirt and other construction debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless an encroachment permit is issued by the Engineering Division of the Parks and Public Works Department. The Owner’s representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in the issuance of correction notices, citations, or stop work orders and the Town performing the required maintenance at the Owner’s expense. 15. PAYMENT OPTIONS: a. All payments regarding fees and deposits can be mailed to: Town of Los Gatos PPW – Attn: Engineering Dept 41 Miles Avenue Los Gatos, CA 95030 Or hand deliver/drop off payment in engineering lock box Checks made out to “Town of Los Gatos” and should mention address and application number on memo/note line. 16. APPROVAL: This application shall be completed in accordance with all the conditions of approval listed below and in substantial compliance with the latest reviewed and approved development plans. Any changes or modifications to the approved plans or conditions of approvals shall be approved by the Town Engineer. 17. CONSTRUCTION PLAN REQUIREMENTS: Construction drawings shall comply with Section 1 (Construction Plan Requirements) of the Town’s Engineering Design Standards, which are available for download from the Town’s website. 18. CHANGE OF OCCUPANCY: Prior to initial occupancy and any subsequent change in use or occupancy of any non-residential condominium space, the buyer or the new or existing occupant shall apply to the Community Development Department and obtain approval for use determination and building permit and obtain inspection approval for any necessary work to establish the use and/or occupancy consistent with that intended. 19. GENERAL LIABILITY INSURANCE: The property owner shall provide proof of insurance to the Town on a yearly basis. In addition to general coverage, the policy must cover all elements encroaching into the Town’s right-of-way. 20. PUBLIC WORKS INSPECTIONS: The Owner, Applicant and/or Developer or their representative shall notify the Engineering Inspector at least twenty-four (24) hours before starting any work pertaining to on-site drainage facilities, grading or paving, and all work in the Town's right-of-way. Failure to do so will result in penalties and rejection of any work that occurred without inspection. 21. RESTORATION OF PUBLIC IMPROVEMENTS: The Owner, Applicant and/or Developer or their representative shall repair or replace all existing improvements not designated for removal that are damaged or removed because of the Owner, Applicant and/or Developer or their representative's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc., shall be repaired and replaced to a condition equal to or better than the original condition. Any new concrete shall be free of stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be removed and replaced at the Contractor’s sole expense and no additional compensation shall be allowed therefore. Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector and shall comply with all Title 24 Disabled Access provisions. The restoration of all improvements identified by the Engineering Construction Inspector shall be completed before the issuance of a certificate of occupancy. The Owner, Applicant and/or Developer or their representative shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 22. PLAN CHECK FEES: Plan check fees associated with the Grading Permit shall be deposited with the Engineering Division of the Parks and Public Works Department prior to the commencement of plan check review. 23. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job site at all times during construction. 24. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the issuance of permits or recordation of maps. 25. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to the approval of the Town prior to the commencement of any and all altered work. The Owner’s project engineer shall notify, in writing, the Town Engineer at least seventy-two (72) hours in advance of all the proposed changes. Any approved changes shall be incorporated into the final “as-built” plans. 26. PLANS AND STUDIES: All required plans and studies shall be prepared by a Registered Professional Engineer in the State of California and submitted to the Town Engineer for review and approval. Additionally, any post-project traffic or parking counts, or other studies imposed by the Planning Commission or Town Council shall be funded by the Owner, Applicant and/or Developer. 27. GRADING PERMIT DETERMINATION DURING CONSTRUCTION DRAWINGS: All grading work taking place with this application and related applications/projects within a two year time period are considered eligible for the grading permit process and will be counted toward the quantities used in determining grading permit requirements. In the event that, during the production of construction drawings and/or during construction of the plans approved with this application by the Town of Los Gatos, it is determined that a grading permit would be required as described in Chapter 12, Article II (Grading Permit) of the Town Code of the Town of Los Gatos, an Architecture and Site Application would need to be submitted by the Owner for review and approval by the Development Review Committee prior to applying for a grading permit. 28. ILLEGAL GRADING: Per the Town’s Comprehensive Fee Schedule, applications for work unlawfully completed shall be charged double the current fee. As a result, the required grading permit fees associated with an application for grading will be charged accordingly. 29. DUST CONTROL: Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible. Further, water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the Town, or a minimum of three (3) times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to insure proper control of blowing dust for the duration of the project. Watering on public streets shall not occur. Streets shall be cleaned by street sweepers or by hand as often as deemed necessary by the Town Engineer, or at least once a day. Watering associated with on-site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one (1) late-afternoon watering to minimize the effects of blowing dust. All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Town. Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed twenty (20) miles per hour (MPH). All trucks hauling soil, sand, or other loose debris shall be covered. For sites greater than four (4) acres in area: a. Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.). b. Limit traffic speeds on unpaved roads to fifteen (15) miles per hour. c. Install sandbags or other erosion control measures to prevent silt runoff to public roadways. d. Replant vegetation in disturbed areas as quickly as possible. e. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more). 30. CONSTRUCTION ACTIVITIES: All construction shall conform to the latest requirements of the CASQA Stormwater Best Management Practices Handbooks for Construction Activities and New Development and Redevelopment, the Town's grading and erosion control ordinance, and other generally accepted engineering practices for erosion control as required by the Town Engineer when undertaking construction activities. 31. SILT AND MUD IN PUBLIC RIGHT-OF-WAY: It is the responsibility of Contractor and homeowner to make sure that all dirt tracked into the public right-of-way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into the Town’s storm drains. 32. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered. 33. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times during the course of construction. All construction shall be diligently supervised by a person or persons authorized to do so at all times during working hours. The Owner’s representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in penalties and/or the Town performing the required maintenance at the Owner’s expense. 34. SITE DESIGN MEASURES: All projects shall incorporate at least one of the following measures: a. Protect sensitive areas and minimize changes to the natural topography. b. Minimize impervious surface areas. c. Direct roof downspouts to vegetated areas. d. Use porous or pervious pavement surfaces on the driveway, at a minimum. e. Use landscaping to treat stormwater. 35. CONSTRUCTION HOURS: All subdivision improvements and site improvements construction activities, including the delivery of construction materials, labors, heavy equipment, supplies, etc., shall be limited to the hours of 8:00 a.m. to 6:00 p.m., weekdays and 9:00 a.m. to 4:00 p.m. Saturdays. The Town may authorize, on a case-by-case basis, alternate construction hours. The Owner, Applicant and/or Developer shall provide written notice twenty-four (24) hours in advance of modified construction hours. Approval of this request is at discretion of the Town. 36. CONSTRUCTION NOISE: Between the hours of 8:00 a.m. to 6:00 p.m., weekdays and 9:00 a.m. to 4:00 p.m. Saturdays, construction, alteration or repair activities shall be allowed. No individual piece of equipment shall produce a noise level exceeding eighty-five (85) dBA at twenty-five (25) feet from the source. If the device is located within a structure on the property, the measurement shall be made at distances as close to twenty-five (25) feet from the device as possible. The noise level at any point outside of the property plane shall not exceed eighty-five (85) dBA. 37. CONSTRUCTION VEHICLE PARKING: Construction vehicle parking within the public right-of- way will only be allowed if it does not cause access or safety problems as determined by the Town. 38. PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY (INDEMNITY AGREEMENT): The property owner shall enter into an agreement with the Town for all existing and proposed private improvements within the Town’s right-of-way. The Owner shall be solely responsible for maintaining the improvements in a good and safe condition at all times and shall indemnify the Town of Los Gatos. The agreement must be completed and accepted by the Director of Parks and Public Works, and subsequently recorded by the Town Clerk at the Santa Clara County Office of the Clerk-Recorder, prior to the issuance of any grading or building permits. Please note that this process may take approximately six to eight (6-8) weeks. 39. STREET/SIDEWALK CLOSURE: Any proposed blockage or partial closure of the street and/or sidewalk requires an encroachment permit. Special provisions such as limitations on works hours, protective enclosures, or other means to facilitate public access in a safe manner may be required. 40. GRADING PERMIT A grading permit is required for all site grading and drainage work except for exemptions listed in Section 12.20.015 of The Code of the Town of Los Gatos (Grading Ordinance). All grading work taking place with this application and related applications /projects within a two year time period are considered eligible for the grading permit process and will be counted toward the quantities used in determining grading permit requirements. After the preceding Architecture and Site Application has been approved by the respective deciding body and the appeal period has passed, the grading permit application with grading plans and associated required materials shall be submitted via email to the PPW engineer assigned to the A&S review. Plan check fees (determined after initial submittal) shall be sent to the Engineering Division of the Parks and Public Works Department located at 41 Miles Avenue. Unless specifically allowed by the Director of Parks and Public Works, the grading permit will be issued concurrently with the building permit. The grading permit is for work outside the building footprint(s). Prior to Engineering signing off and closing out on the issued grading permit, the Owner’s soils engineer shall verify, with a stamped and signed letter, that the grading activities were completed per plans and per the requirements as noted in the soils report. A separate building permit, issued by the Building Department, located at 110 E. Main Street, is needed for grading within the building footprint. 41. CERTIFICATE OF OCCUPANCY: The Engineering Division of the Parks and Public Works Department will not sign off on a Temporary Certificate of Occupancy or a Final Certificate of Occupancy until all required improvements within the Town’s right-of-way have been completed and approved by the Town. 42. FRONTAGE IMPROVEMENTS: The Owner and/or Applicant shall be required to improve the project’s public frontage (right-of-way line to centerline and/or to limits per the direction of the Town Engineer) to current Town Standards. These improvements may include but not limited to curb, gutter, sidewalk, driveway approach(es), curb ramp(s), signs, pavement, raised pavement markers, thermoplastic pavement markings, storm drain facilities, traffic signal(s), street lighting (upgrade and/or repaint) etc. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. 43. UTILITIES: The Owner, Applicant and/or Developer shall install all new utility services, including telephone, electric power and all other communications lines underground, as required by Town Code Section 27.50.015(b). All new utility services shall be placed underground. Underground conduit shall be provided for cable television service. The Owner, Applicant and/or Developer is required to obtain approval of all proposed utility alignments from any and all utility service providers before a Certificate of Occupancy for any new building can be issued. The Town of Los Gatos does not approve or imply approval for final alignment or design of these facilities. 44. SIDEWALK REPAIR: The Owner, Applicant and/or Developer shall repair and replace to existing Town standards any sidewalk damaged now or during construction of this project. All new and existing adjacent infrastructure must meet current ADA standards. Sidewalk repair shall match existing color, texture and design, and shall be constructed per Town Standard Details. New concrete shall be free of stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be removed and replaced at the Contractor’s sole expense and no additional compensation shall be allowed therefore. The limits of sidewalk repair will be determined by the Engineering Construction Inspector during the construction phase of the project. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. 45. CURB AND GUTTER REPAIR: The Owner, Applicant and/or Developer shall repair and replace to existing Town standards any curb and gutter damaged now or during construction of this project. All new and existing adjacent infrastructure must meet Town standards. New curb and gutter shall be constructed per Town Standard Details. New concrete shall be free of stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be removed and replaced at the Contractor’s sole expense and no additional compensation shall be allowed therefore. The limits of curb and gutter repair will be determined by the Engineering Construction Inspector during the construction phase of the project. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. 46. VALLEY GUTTER REPAIR: The Owner/Applicant shall repair and replace to existing Town standards any valley gutter damaged now or during construction of this project. All new and existing adjacent infrastructure must meet Town standards. New valley gutter shall be constructed per Town Standard Details. New concrete shall be free of stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be removed and replaced at the Contractor’s sole expense and no additional compensation shall be allowed therefore. The limits of valley gutter repair will be determined by the Engineering Construction Inspector during the construction phase of the project. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. 47. HAULING OF SOIL: Hauling of soil on- or off-site shall not occur during the morning or evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00 p.m.), and at other times as specified by the Director of Parks and Public Works. Prior to the issuance of a grading or building permit, the Owner and/or Applicant or their representative shall work with the Town Building Department and Engineering Division Inspectors to devise a traffic control plan to ensure safe and efficient traffic flow under periods when soil is hauled on or off the project site. This may include, but is not limited to provisions for the Owner and/or Applicant to place construction notification signs noting the dates and time of construction and hauling activities, or providing additional traffic control. Coordination with other significant projects in the area may also be required. Cover all trucks hauling soil, sand and other loose debris. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 48. GENERAL: Review of this Developmental proposal is limited to acceptability of site access, water supply and may include specific additional requirements as they pertain to fire department operations and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work, the applicant shall make application to, and receive from, the Building Department all applicable construction permits. 49. EMERGENCY GATE/ACCESS GATE REQUIREMENTS: Gate installations shall conform with Fire Department Standard Details and Specification G-1 and, when open shall not obstruct any portion of the required width for emergency access roadways or driveways. Locks, if provided, shall be fire department approved prior to installation. Gates across the emergency access roadways shall be equipped with an approved access devices. If the gates are operated electrically, an approved Knox key switch shall be installed; if they are operated manually, then an approved Knox padlock shall be installed. Indicate on sheet A0.1 that if the driveway gate is automatic or manual and that the appropriate Knox product will be provided and installed. S:\PLANNING COMMISSION REPORTS\2023\12-13-2023\Item X - 517 San Benito Ave\Exhibit 3 - Draft Conditions of Approval.docx Ryan Safty REVISION EXHIBIT 4 EXHIBIT 5 DDCCBB332211AA DDCCBB332211AA Date: October 20, 2023 To: Ryan Safty Associate Planner Community Development Department 110 E. Main Street Los Gatos, CA 95031 Re: San Benito Residential Addition 517 San Benito Ave Los Gatos, CA 95030 JTG Architecture Job No.: 20006-1 Permit Number: B21-0944 Subject: Revision Submittal Dear Mr. Ryan Safty In evaluating the project, we have removed the existing covered entry and provided a new covered entry which enhances the appearance of the house and fits in with the fabric of the neighborhood. Similar to the previously existing covered entry our new covered entry is limited to covering the entry and front stairs while remaining architecturally proportional to the overall design of the home. We have even taken additional steps to reduce our encroachment into the front set back as we work with the Planning Department’s rules and regulations. Many homes on the block have a non-conforming setback especially the two other homes (513 and 515) that are built in the same style and time period. These two homes have similar setbacks as the subject property. The property directly adjacent to the subject property (515) has a setback of 19’-9”. Property 513 has a setback of 20’ for the main house and the front porch has a setback of 13’-6”. In this sense, our new covered entry maintains a similar appearance and setback as other comparable homes on the block. With that being said as you move further down the block there are an additional two homes that have built into the required setback. Property 505 has a large bay window projection that has a setback of 24’-4” and property 501 has a portion of the home that has a setback of 21’-3”. We are sincerely working with the neighborhood to provide an enhancement to the overall appearance of this home and use the precedents that have been set by this neighborhood. While code requirements have listed the setback as 25’ you can clearly see that 5 of the 7 homes (including our project site 517) have non-conforming setbacks. In closing I would like to mention that we have consulted with several of the neighbors who have verbally expressed being in favor of our improvements and we look to seek your support as well. Sincerely, John Gutknecht Architect JTG Architecture T 612.481.2293 E John@JTGArchitecture.com JTG Architecture I T 612.481.2293 I E John@JTGArchitecture.com I www.JTGArchitecture.com EXHIBIT 6 This Page Intentionally Left Blank