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
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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)- Updated 08-23-23 to link to "Town Assessor Data" (sm)
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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
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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
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