Staff Report with Exhibits 1 through 12.212 Thurston
PREPARED BY: Maria Chavarin
Assistant Planner
Reviewed by: Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6874
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 01/10/2024 ITEM NO: 3
DATE: January 5, 2024
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Requesting Approval for Demolition of an Existing Single-Family Residence
and Construction of a New Single-Family Residence with Reduced Setbacks on
Property Zoned R-1D. Located at 212 Thurston Street. APN 410-15-
039. Categorically Exempt Pursuant to the California Environmental Quality
Act (CEQA) Guidelines, Section 15303(a): New Construction or Conversion of
Small Structures. PROPERTY OWNER/APPLICANT: Meleah Guillardo.
PROJECT PLANNER: Maria Chavarin.
RECOMMENDATION:
Consider approval of a request for demolition of an existing single-family residence and
construction of a new single-family residence with reduced setbacks on property zoned R-1D,
located at 212 Thurston Street.
PROJECT DATA:
General Plan Designation: Medium Density Residential
Zoning Designation: R-1D
Applicable Plans & Standards: General Plan; Residential Design Guidelines
Parcel Size: 4,671 square feet
Surrounding Area:
Existing Land Use General Plan Zoning
North Residential Medium Density Residential R-1D
South Residential Medium Density Residential R-1D
East Commercial Neighborhood Commercial C-1
West Residential Medium Density Residential R-1D
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CEQA:
The Project is Categorically Exempt Pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act (CEQA), Section 15303(a): New Construction or
Conversion of Small Structures.
FINDINGS:
The Project is Categorically Exempt Pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act (CEQA), Section 15303(a): New
Construction or Conversion of Small Structures.
As required by Section 29.10.09030(e) of the Town Code for the demolition of an existing
residence.
The project meets the objective standards of Chapter 29 of the Town Code (Zoning
Regulations) with the exception of the request for reduced front yard setbacks.
As required by Section 29.10.265(3) of the Town Code for modification of zoning rules on
nonconforming lots, including setback requirements.
As required by the Residential Design Guidelines that the project complies with the
Residential Design Guidelines.
CONSIDERATIONS:
As required by Section 29.20.150 of the Town Code for granting approval of an
Architecture and Site application.
ACTION:
The decision of the Planning Commission is final unless appealed within ten days.
BACKGROUND:
The subject property is located on the north side of Thurston Street between N. Santa Cruz
Avenue and Monterey Avenue (Exhibit 1). The property is 4,671 square feet and is
nonconforming as to size, where 5,000 square feet is required for a parcel in the R-1D zone.
The site is developed with a 1,109-square foot single-story residence and a 385-square foot
garage. The applicant proposes demolition of the existing one-story single-family residence and
construction of a new two-story single-family residence with a cellar (Exhibit 12).
On May 8, 2023, the applicant submitted an Architecture and Site application for the
demolition of an existing single-family residence, and construction of a new two-story
residence.
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BACKGROUND (continued):
The proposed project meets technical requirements of the Town Code including parking,
height, and floor area. The project is being considered by the Planning Commission to consider
the project’s compliance with the Residential Design Guidelines for mass and bulk compared to
other homes in the immediate neighborhood, as discussed in Section C below.
The Architecture and Site application was originally scheduled for the Planning Commission
hearing date of December 13, 2023. The item was continued to the January 10, 2024 Planning
Commission meeting to allow public notice on the project sign consistent with Town policy.
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The subject property is located on the north side of Thurston Street between N. Santa Cruz
Avenue and Monterey Avenue (Exhibit 1). The subject site and surrounding properties to
the north, west, and south have a medium density residential land use designation and are
developed with one and two-story single-family residences. The neighboring property
immediately to the east has a neighborhood commercial land use designation, but is
developed with a one-story single-family residence.
B. Project Summary
The applicant proposes demolition of the existing single-family residence and construction
of a new 1,632.7-square foot two-story single-family residence with an 875.5-square foot
cellar (Exhibit 12). Due to the small lot size, the proposed residence would appear larger in
bulk and mass in relation to other residences in the immediate neighborhood. In addition,
the proposed residence includes a front setback of seven feet, three inches, where 15 feet
is required. The project includes retention of an existing one-car garage in the rear corner
of the lot and one proposed on-site parking space.
C. Zoning Compliance
A single-family residence is permitted in the R-1D zone. The subject property is 4,671
square feet and is nonconforming as to size, where 5,000 square feet is required for a parcel
in the R-1D zone. The proposed residence is in compliance with the zoning regulations for
floor area, height, and on-site parking requirements. The applicant requests an exception
to the front yard setbacks.
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DISCUSSION:
A. Architecture and Site Analysis
The applicant proposes demolition of the existing single-family residence and construction
of a 1,632-square foot two-story single-family residence. A portion of the front porch would
have a front setback of seven feet, three inches, where 15 feet is required, as discussed in
Section F below. The project site has an existing detached one-car parking garage in the
rear left corner of the lot which is proposed to remain. The maximum height of the
proposed residence is 26.3 feet. The applicant provided a Letter of Justification discussing
the project (Exhibit 5).
A summary of the floor area for the existing and proposed residence is included in the table
below.
Floor Area Summary
Neighborhood compatibility of the proposed floor area is discussed in Section C below.
B. Building Design
The project consists of a contemporary style residence with warm colors and materials.
Proposed exterior materials include: a standing-seam metal roof (dark bronze with a matte
finish); real stone veneer; smooth stucco siding; metal guard rails; metal-clad wood
windows with factory installed casing frames; roof boards and trim; and metal gutters
(Exhibit 4).
The Town’s Consulting Architect reviewed the proposed residence on May 16, 2023
(Exhibit 7). The Consulting Architect identified several issues and concerns and provided
recommendations for changes to the original design to increase compatibility with the
Residential Design Guidelines. In response to these recommendations, the applicant made
Existing SF Proposed SF Allowed SF
Main Residence
First Floor
Second Floor
Total
1,109
--
1,109
875.5
757.2
1,632.7
--
--
1,682
Below-Grade Area* 0 875.5 --
Garage 385 0 400
* Pursuant to Sec. 29.10.020, floor area means the entire enclosed area of
all floors that are more than four feet above the proposed grade, measured
from the outer face of exterior walls or in the case of party walls from the
centerline.
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DISCUSSION (continued):
several modifications to the design of the residence. The Consulting Architect’s
recommendations are provided below, followed by the applicant’s response in italics, the
full responses are in Exhibit 8.
Recommendations:
1. Increase the size of the first floor segment over the kitchen window to reinforce the first
floor eave and roof line and to improve the front façade compatibility with other homes
in the immediate neighborhood.
The entry porch has been enlarged to bring it across in front of the kitchen window as
recommended. This extends the lower roof eave line to better align with the adjacent
houses and buffers the front 2-story element.
2. Revise the entry to provide an under-the-eave entry similar to other homes in the
immediate neighborhood, reinforce the first floor roof line and improve the front façade
compatibility with other nearby homes.
The gable-roof at the entry has been removed, as recommended.
3. Select either stucco or horizontal siding and use it consistently on all exterior walls.
The exterior siding has been revised to be 2 materials – stucco and stone. These
materials are also used for one of the homes in the immediate neighborhood – 529
Monterey Avenue.
4. Select roofing materials similar to that on other homes in the immediate neighborhood.
Metal roofing is also present in the immediate neighborhood – again on the home at 529
Monterey Ave.
5. Use wood columns on the front entry and back porch in lieu of the proposed stone
columns.
Similar to the home at 529 Monterey Avenue, Ms. Guillardo would like her home to be
more contemporary in style, while still having a more traditional massing (i.e., peaked
roofs with eaves). The elevations have been revised to expand the area of stone veneer,
including keeping the porch columns as stone.
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DISCUSSION (continued):
6. Treat all windows with the same detailing and provide trim consistent with the
Residential Design Guideline 3.7.4.
In keeping with the more contemporary styling, the windows will not have trim. This is
detailed in the drawings on sheet A2.
C. Neighborhood Compatibility
The immediate neighborhood contains one- and two-story single-family residences. Based
on Town and County records, the residences in the immediate area range in size from 1,215
square feet to 3,093 square feet. The floor area ratios range from 0.14 to 0.34. Pursuant to
Section 29.40.075 of the Town Code, the maximum Floor Area Ratio (FAR) for the subject
property is 0.36 (1,682 square feet). The proposed residence would have an FAR of 0.35
(1,632.7 square feet). The proposed residence would be the fifth largest in terms of house
floor area, the largest in terms of FAR, and tallest the immediate neighborhood. The table
below reflects the current conditions of the homes in the immediate neighborhood:
Immediate Neighborhood Comparison
Address Zoning
House
Floor
Area
Garage
Floor
Area
Total
Floor
Area
Lot
Size
House
FAR
No. of
Stories
214 Thurston St R-1D 1,957 451 2,408 6,534 0.30 2
228 Thurston St R-1D 2,152 562 2,714 6,398 0.34 2
533 N. Santa Cruz
Ave
C-1 1,368 324 1,692 8,712 0.16 1
531 N. Santa Cruz
Ave
C-1 1,215 600 1,815 8,712 0.14 1
590 Monterey Ave R-1D 3,093 899 3,992 10,800 0.29 1
529 Monterey Ave R-1D 2,858 797 3,655 8,994 0.32 2
212 Thurston St (E) R-1D 1,109 385 1,494 4,671 0.24 1
212 Thurston St (P) R-1D 1,632 385 2,017 4,671 0.35 2
The proposed residence would comply with the maximum allowed floor area on the site,
would not be the first two-story home, and would not be the largest home in the immediate
neighborhood in terms of floor area. However, the proposed residence would be the tallest
in the immediate neighborhood by three inches and have the largest FAR.
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DISCUSSION (continued):
D. Tree Impacts
Fruit trees are located on the project site. Two fruit trees are noted to be removed from
the project site: a 15-inch olive tree located adjacent to the existing concrete driveway and
fronting the existing detached garage; and a 12-inch fruit tree located at the rear of the
residence. Pursuant to Section 29.10.0970 of the Town Code, fruit trees less than 18 inches
in diameter may be removed without a tree removal permit.
E. Parking
Pursuant to Section 29.10.150(c)(1) of the Town Code, the number of required parking
spaces for a single-family residence is two parking spaces. A detached one-car garage exists
on the lot and would remain. To satisfy the minimum required parking spaces, the
proposed project also includes one uncovered parking space outside of the front yard
setback.
F. Exception - Setbacks
The applicant is requesting an exception to the required front yard setback in the R-1D zone
(Exhibit 6). Pursuant to Town Code, the required front setback in the R-1D zone is 15 feet.
The existing residence is nonconforming with the front yard setback requirement and
situated three feet, six inches from the front property line. The proposed residence,
measured to the stone veneer columns of the front porch, would be situated seven feet,
three inches from the front property line. The Town Code allows for modified setbacks for
nonconforming lots through an Architecture and Site approval if the deciding body finds the
request compatible with the neighborhood.
In Exhibit 6, the applicant provided an aerial photo of the neighborhood context showing
the current setbacks of the residences in the immediate neighborhood. Although the
proposed residence would not meet the required 15-foot front yard setback, the exception
request for the reduced front yard setbacks would be compatible with other properties in
the immediate neighborhood and create a more conforming situation than the existing
residence.
G. CEQA Determination
The Project is Categorically Exempt Pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act (CEQA), Section 15303(a): New
Construction or Conversion of Small Structures.
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PUBLIC COMMENTS:
Story poles and project signage were installed on the site by November 7, 2023, in anticipation
of the December 13, 2023, Planning Commission hearing. The applicant provided a summary of
their efforts to communicate with their neighbors (Exhibit 9). Several letters from neighbors
are included in Exhibit 10. The applicant provided a response letter addressing the neighbor’s
concerns in relation to the design of the project (Exhibit 11).
CONCLUSION:
A. Summary
The applicant is requesting approval of an Architecture and Site application for demolition
of an existing single-family residence, and construction of a new single-family residence.
The project is in compliance with the Town Code, with the exception of the reduced front
yard setback request. The project would not result in the largest home in the immediate
neighborhood in terms of floor area, but would be the tallest, and largest in terms of FAR.
B. Recommendation
Based on the analysis above, staff recommends approval of the Architecture and Site
application subject to the recommended conditions of approval (Exhibit 3). If the Planning
Commission 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(a): New Construction or Conversion of Small Structures (Exhibit 2);
2. Make the findings as required by Section 29.10.09030(e) of the Town Code for the
demolition of existing structures (Exhibit 2);
3. Make the finding that the project complies with the objective standards of Chapter 29 of
the Town Code (Zoning Regulations) with the exception of the request for a reduced
front yard setback (Exhibit 2);
4. Make the findings as required by Section 29.10.265 (3) of the Town Code for
modification of zoning rules on nonconforming lots, including setback requirements
(Exhibit 2);
5. Make the finding as required by the Town’s Residential Design Guidelines that the
project complies with the Residential Design Guidelines (Exhibit 2);
6. 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); and
7. Approve Architecture and Site application S-23-009 with the conditions contained in
Exhibit 3 and the development plans in Exhibit 12.
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CONCLUSION (continued):
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. Color and Materials Board, Received November 29, 2023
5. Letter of Justification
6. Letter of Justification for reduced setbacks
7. Towns Consulting Architect
8. Applicant’s Response to Consulting Architect
9. Applicant’s Neighborhood Outreach
10. Public Comments Received Prior to 11:00 a.m., Friday, January 5, 2024
11. Applicant’s Response to Public Comment, Received December 4, 2023
12. Development Plans
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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)
EXHIBIT 1
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Required Findings and Considerations.docx
PLANNING COMMISSION – January 10, 2024
REQUIRED FINDINGS AND CONSIDERATIONS FOR:
212 Thurston Street
Architecture and Site Application S-23-009
Requesting Approval for Demolition of an Existing Single-Family Residence and
Construction of a New Single-Family Residence with Reduced Setbacks on Property
Zoned R-1D. APN 410-15-039. Categorically Exempt Pursuant to the California
Environmental Quality Act (CEQA) Guidelines, Section 15303(a): New Construction or
Conversion of Small Structures.
PROPERTY OWNER/APPLICANT: Meleah Guillardo
PROJECT PLANNER: Maria Chavarin
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(a):
New Construction or Conversion of Small Structures.
Required finding for the demolition of existing structures:
■ As required by Section 29.10.09030(e) of the Town Code for the demolition of existing
structures:
1. The Town's housing stock will be maintained as the single-family residence will be
replaced.
2. The existing structure has no architectural or historical significance.
3. The property owner does not desire to maintain the structure as it exists; and
4. The economic utility of the structure was considered.
Required compliance with the Zoning Regulations:
■ The project meets the objective standards of Chapter 29 of the Town Code (Zoning
Regulations) with the exception of the request for reduced front yard setbacks.
EXHIBIT 2
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Required Findings and Considerations.docx
Required finding for non-conforming lots:
■ As required by Section 29.10.265(3) of the Town Code for modification of zoning rules
on nonconforming lots, including setback requirements:
1. The subject property is nonconforming with regard to lot size.
2. The front setbacks of the new residence are compatible with the neighborhood.
Required compliance with the Residential Design Guidelines:
■ The project design is in compliance with the Residential Design Guidelines in that the
Town’s Consulting Architect has reviewed the proposal and recommendations were
provided to address consistency with the immediate neighborhood. While the
proposed home appears to be large in mass compared to most others in the
immediate neighborhood, the site is also non-conforming as to size.
CONSIDERATIONS
Required considerations in review of Architecture and 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.
PLANNING COMMISSION – January 10, 2024
CONDITIONS OF APPROVAL
212 Thurston Street
Architecture and Site Application S-23-009
Requesting Approval for Demolition of an Existing Single-Family Residence and
Construction of a New Single-Family Residence with Reduced Setbacks on Property
Zoned R-1D. Located at 212 Thurston Street. APN 410-15-039.
PROPERTY OWNER/APPLICANT: Meleah Guillardo
PROJECT PLANNER: Maria Chavarin
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. STORY POLES: The story poles on the project site shall be removed within 30 days of
approval of the Architecture & Site application.
4. 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.
5. EXISTING TREES: All existing trees shown on the plan and trees required to remain or to
be planted are specific subjects of approval of this plan, and must remain on the site.
6. TREE FENCING: Protective tree fencing and other protection measures shall be placed at
the drip line of existing trees prior to issuance of demolition and building permits and shall
remain through all phases of construction. Include a tree protection plan with the
construction plans.
7. TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties.
8. FRONT YARD LANDSCAPE: Prior to issuance of a Certificate of Occupancy the front yard
must be landscaped.
9. WATER EFFICIENCY LANDSCAPE ORDINANCE: The final landscape plan shall meet the
Town of Los Gatos Water Conservation Ordinance or the State Water Efficient Landscape
Ordinance, whichever is more restrictive. 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.
10. 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
EXHIBIT 3
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 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 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.
11. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the
building plans detailing how the Conditions of Approval will be addressed.
Building Division
12. PERMITS REQUIRED: A Demolition Permit is required for the demolition of the existing
single-family residence. A separate Building Permit is required for the construction of
the new single-family residence. An additional Building Permit will be required for the
PV System if the system is required by the California Energy Code.
13. 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.
14. 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.
15. SIZE OF PLANS: Minimum size 24” x 36”, maximum size 30” x 42”.
16. REQUIREMENTS FOR COMPLETE DEMOLITION OF STRUCTURE: Obtain a Building
Department Demolition Application and a Bay Area Air Quality Management District
Application from the Building Department Service Counter. Once the demolition form has
been completed, all signatures obtained, and written verification from PG&E that all
utilities have been disconnected, return the completed form to the Building Department
Service Counter with the Air District’s J# Certificate, PG&E verification, and three (3) sets
of site plans showing all existing structures, existing utility service lines such as water,
sewer, and PG&E. No demolition work shall be done without first obtaining a permit from
the Town.
17. SOILS REPORT: A Soils Report, prepared to the satisfaction of the Building Official,
containing foundation, and retaining wall design recommendations, shall be submitted
with the Building Permit Application. This report shall be prepared by a licensed Civil
Engineer specializing in soils mechanics.
18. SHORING: Shoring plans and calculations will be required for all excavations which exceed
five (5) feet in depth, or which remove lateral support from any existing building, adjacent
property, or the public right-of-way. Shoring plans and calculations shall be prepared by a
California licensed engineer and shall confirm to the Cal/OSHA regulations.
19. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or
land surveyor shall be submitted to the project Building Inspector at foundation
inspection. This certificate shall certify compliance with the recommendations as
specified in the Soils Report, and that the building pad elevations and on-site retaining
wall locations and elevations have been prepared according to the approved plans.
Horizontal and vertical controls shall be set and certified by a licensed surveyor or
registered Civil Engineer for the following items:
a. Building pad elevation
b. Finish floor elevation
c. Foundation corner locations
d. Retaining wall(s) locations and elevations
20. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms
must be blue-lined (sticky-backed), i.e., directly printed, onto a plan sheet.
21. TOWN RESIDENTIAL ACCESSIBILITY STANDARDS: New residential units shall be designed
with adaptability features for single-family residences per Town Resolution 1994-61:
a. Wood backing (2” x 8” minimum) shall be provided in all bathroom walls, at water
closets, showers, and bathtubs, located 34 inches from the floor to the center of the
backing, suitable for the installation of grab bars if needed in the future.
b. All passage doors shall be at least 32-inch-wide doors on the accessible floor level.
c. The primary entrance door shall be a 36-inch-wide door including a 5’x 5’ level
landing, no more than 1 inch out of plane with the immediate interior floor level and
with an 18-inch clearance at interior strike edge.
d. oor buzzer, bell or chime shall be hard wired at primary entrance.
22. BACKWATER VALVE: The scope of this project may require the installation of a sanitary
sewer backwater valve per Town Ordinance 6.50.025. Please provide information on the
plans if a backwater valve is required and the location of the installation. The Town of Los
Gatos Ordinance and West Valley Sanitation District (WVSD) requires backwater valves on
drainage piping serving fixtures that have flood level rims less than 12 inches above the
elevation of the next upstream manhole.
23. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof
assemblies.
24. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1704, the
Architect or Engineer of Record shall prepare an inspection program that shall be
submitted to the Building Official for approval prior to issuance of the Building Permit. The
Town Special Inspection form must be completely filled-out and signed by all requested
parties prior to permit issuance. Special Inspection forms are available online at
www.losgatosca.gov/building.
25. 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.
26. 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
27. 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.
28. 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.
29. 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.
30. PRIOR APPROVALS: All conditions per prior approvals shall be deemed in full force and
affect for this approval.
31. 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.
32. ENCROACHMENT PERMIT: All work in the public right-of-way will require a Construction
Encroachment Permit. All work over $5,000 will require construction security. It is the
responsibility of the Owner to obtain any necessary encroachment permits from affected
agencies and private parties, including but not limited to, Pacific Gas and Electric (PG&E),
AT&T, Comcast, Santa Clara Valley Water District, California Department of Transportation
(Caltrans). Copies of any approvals or permits must be submitted to the Town
Engineering Division of the Parks and Public Works Department prior to releasing any
permit.
33. FOR PLANTERS: The Owner, Applicant and/or Developer shall apply for an encroachment
permit for the proposed planters within the public sidewalk and/or Town’s right-of-
way. The Owner, Applicant and/or Developer shall work with Parks and Public Works
Department staff to arrive at a mutually agreeable solution that addresses safety and
aesthetic issues. If no solution is reached, the vegetative screening requirement shall be
waived. A Private Improvements in the Public Right-of-Way (formerly Indemnity)
Agreement will be required if planters are proposed to be located within the Town’s right-
of-way. A copy of the recorded agreement shall be submitted to the Engineering Division
of the Parks and Public Works Department prior to the issuance of any grading or building
permits.
34. 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.
35. 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.
36. 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.
37. 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.
38. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job
site at all times during construction.
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. 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.
41. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the issuance
of any grading or building permits or recordation of the Parcel / Final Map.
42. 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.
43. 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.
44. 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). Grading work taking place simultaneously, on-site is considered
eligible for the grading permit process and could be counted toward quantities,
depending on permit status. 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. The grading plans shall include
topographic map/existing conditions, final grading, drainage, retaining wall location(s),
driveway, utility sheet and erosion control. Grading plans shall list earthwork quantities
and a table of existing and proposed impervious areas. 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.
45. GRADING PERMIT DETERMINATION DURING CONSTRUCTION DRAWINGS: 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.
46. 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.
47. CONSTRUCTION EASEMENT: Prior to the issuance of a grading or building permit, it shall
be the sole responsibility of the Owner, Applicant and/or Developer to obtain any and all
proposed or required easements and/or permissions necessary to perform the grading
herein proposed. Proof of agreement/approval is required prior to the issuance of any
Permit.
48. DRAINAGE IMPROVEMENT: Prior to the recordation of a subdivision map (except maps for
financing and conveyance purposes only) or prior to the issuance of any
grading/improvement permits, whichever comes first, the Owner, Applicant and/or
Developer shall: a) design provisions for surface drainage; and b) design all necessary
storm drain facilities extending to a satisfactory point of disposal for the proper control
and disposal of storm runoff; and c) provide a recorded copy of any required easements
to the Town.
49. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to
the issuance of a building permit. An arborist report may be necessary.
50. PRECONSTRUCTION MEETING: Prior to issuance of any grading or building permits or the
commencement of any site work, the general contractor shall:
a) Along with the Owner, Applicant and/or Developer, attend a pre-construction meeting
with the Town Engineer to discuss the project conditions of approval, working hours,
site maintenance and other construction matters;
b) Acknowledge in writing that they have read and understand the project conditions of
approval and will make certain that all project sub-contractors have read and
understand them as well prior to commencing any work, and that a copy of the
project conditions of approval will be posted on-site at all times during construction.
51. DELAYED/DEFERRED REPORTS AND REVIEWS: TLGPPW strongly recommend that reports
requiring a peer review be submitted and completed prior to committee
approval/building permit stage. Note that these reviews may require a design change by
the applicant and/or additional studies. Applicants who chose to defer assume risk that
required changes may send project back to planning stage.
52. WATER METER: The existing water meter, currently located within the Town of Los Gatos
right-of-way, shall be relocated within the property in question, directly behind the public
right-of-way line. The Owner, Applicant and/or Developer shall repair and replace to
existing Town standards any portion of concrete flatwork within said right-of-way that is
damaged during this activity prior to issuance of a certificate of occupancy.
53. SANITARY SEWER CLEANOUT: The existing sanitary sewer cleanout, currently located
within the Town of Los Gatos right-of-way, shall be relocated within the property in
question, within one (1) foot of the property line per West Valley Sanitation District
Standard Drawing 3, or at a location specified by the Town. The Owner, Applicant and/or
Developer shall repair and replace to existing Town standards any portion of concrete
flatwork within said right-of-way that is damaged during this activity prior to issuance of a
certificate of occupancy.
54. 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.
55. UTILITIES: The Owner, Applicant and/or Developer shall install all new, relocated, or
temporarily removed 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.
56. UTILITY SETBACKS: House foundations shall be set back from utility lines a sufficient
distance to allow excavation of the utility without undermining the house foundation.
The Town Engineer shall determine the appropriate setback based on the depth of the
utility, input from the project soils engineer, and the type of foundation.
57. UTILITY EASEMENTS: Deed restrictions shall be placed on lots containing utility
easements. The deed restrictions shall specify that no trees, fences, structures or
hardscape are allowed within the easement boundaries, and that maintenance access
must be provided. The Town will prepare the deed language and the Owner’s surveyor
shall prepare the legal description and plat. The Owner, Applicant and/or Developer shall
pay any recordation costs. The documents shall be recorded before any grading or
permits are issued.
58. 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.
59. 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.
60. 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.
61. FENCING: Any fencing proposed within two hundred (200) feet of an intersection shall
comply with Town Code Section §23.10.080.
62. FENCES: Fences between all adjacent parcels will need to be located on the property
lines/boundary lines. Any existing fences that encroach into the neighbor’s property will
need to be removed and replaced to the correct location of the boundary lines before a
Certificate of Occupancy for any new building can be issued. Waiver of this condition will
require signed and notarized letters from all affected neighbors.
63. 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.
64. CONSTRUCTION VEHICLE PARKING: No construction vehicles, trucks, equipment and
worker vehicles shall be allowed to park on the portion of any public (Town) streets
without written approval from the Town Engineer.
65. ADVANCE NOTIFICATION: Advance notification of all affected residents and emergency
services shall be made regarding parking restriction, lane closure or road closure, with
specification of dates and hours of operation.
66. 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.
67. 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.
68. 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.
69. CONSTRUCTION MANAGEMENT PLAN SHEET: Prior to the issuance of any grading or
building permits, the Owner and/or Applicant’s design consultant shall submit a
construction management plan sheet (full-size) within the plan set that shall incorporate
at a minimum the Earth Movement Plan, Traffic Control Plan, Project Schedule, site
security fencing, employee parking, construction staging area, materials storage area(s),
construction trailer(s), concrete washout(s) and proposed outhouse locations. Please
refer to the Town’s Construction Management Plan Guidelines document for additional
information.
70. NPDES STORMWATER COMPLIANCE: In the event that, during the production of
construction drawings for the plans approved with this application by the Town of Los
Gatos, it is determined that the project will create and/or replace more than 2,500 square
feet of impervious area, completion of the NPDES Stormwater Compliance Small Projects
Worksheet and implementation of at least one of the six low impact development site
design measures it specifies shall be completed and submitted to the Engineering Division
before issuance of a grading/building permit.
71. 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.
72. LANDSCAPING: In finalizing the landscape plan for the biotreatment area(s), it is
recommended that the landscape architect ensure that the characteristics of the selected
plants are similar to those of the plants listed for use in bioretention areas in Appendix D
of the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) C.3
Stormwater Handbook.
73. LANDSCAPE MAINTENANCE AGREEMENT: The Owner and/or Applicant shall enter into a
Landscape Maintenance Agreement with the Town of Los Gatos in which the Owner
and/or Applicant agrees to maintain the vegetated areas along the project’s Street Name
frontage located within the public right-of-way. The agreement must be completed and
accepted by the Town Attorney prior to the issuance of any grading or building permits.
74. 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.
75. DETAILING OF STORMWATER MANAGEMENT FACILITIES: Prior to the issuance of any
grading or building permits, all pertinent details of any and all proposed stormwater
management facilities, including, but not limited to, ditches, swales, pipes, bubble-ups,
dry wells, outfalls, infiltration trenches, detention basins and energy dissipaters, shall be
provided on submitted plans, reviewed by the Engineering Division of the Parks and Public
Works Department, and approved for implementation.
76. OFF-SITE DRAINAGE: The Owner, Applicant and/or Developer shall construct and install a
private on-site storm drain system that is adequately sized to collect and convey adjacent
off-site tributary drainage. Hydraulic calculations for a 100-year storm event shall provide
documentation that the proposed storm drain system can convey said off-site drainage as
well as on-site drainage during this event over, within, through and off the site, and
ultimately into the Town’s storm drain system.
77. MAINTENANCE OF PRIVATE STREETS: It is the responsibility of the property
owner(s)/homeowners association to implement a plan for street sweeping of paved
private roads and cleaning of all storm drain inlets.
78. 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.
79. PERMIT ISSUANCE: Permits for each phase; reclamation, landscape, and grading, shall be
issued simultaneously.
80. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
81. FIRE SPRINKLERS REQUIRED: (As Noted on Sheet A1) Approved automatic sprinkler
systems in new and existing buildings and structures shall be provided in the locations
described in this Section or in Sections 903.2.1 through 903.2.12 whichever is the more
restrictive and Sections 903.2.14 through 903.2.21. For the purposes of this section,
firewalls and fire barriers used to separate building areas shall be constructed in
accordance with the California Building Code and shall be without openings or
penetrations. 1. An automatic sprinkler system shall be provided throughout all new
buildings and structures, other than Group R occupancies, except as follows: a. Buildings
and structures not located in any Wildland-Urban Interface and not exceeding 1,200
square feet of fire area. b. Buildings and structures located in any Wildland-Urban
Interface Fire Area and not exceeding 500 square feet of fire area. c. Group S-2 or U
occupancies, including photovoltaic support structures, used exclusively for vehicle
parking which meet all of the following: i. Noncombustible construction. ii. Maximum
5,000 square feet in building area. iii. Structure is open on not less than three (3) sides nor
75% of structure perimeter. iv. Minimum of 10 feet separation from existing buildings, or
similar structures, unless area is separated by fire walls complying with California Building
Code 706. d. Canopies, constructed in accordance with CBC 406.7.2, used exclusively for
weather protection of vehicle fueling pads per CBC 406.7.1 and not exceeding 5,000
square feet of fire area. 2. An automatic sprinkler system shall be installed throughout all
new buildings with a Group R fire area. Exception: Accessory Dwelling Unit, provided that
all of the following are met: a. The unit meets the definition of an Accessory Dwelling Unit
as defined in the Government Code Section 65852.2. b. The existing primary residence
does not have automatic fire sprinklers. c. The accessory dwelling unit does not exceed
1,200 square feet in size. d. The unit is on the same lot as the primary residence. e. The
unit meets all apparatus access and water supply requirements of Chapter 5 and Appendix
B of the 2022 California Fire Code. 3. An approved automatic fire sprinkler system shall be
installed in new manufactured homes (as defined in California Health and Safety Code
Sections 18007 and 18009) and multifamily manufactured homes with two dwelling units
(as defined in California Health and Safety Code Section 18008.7) in accordance with Title
25 of the California Code of Regulations. 4. An automatic sprinkler system shall be
installed throughout existing buildings with a Group R fire area when additions are made
causing the fire area to exceed 3,600 square feet. Exception: Additions where all of the
following are met: a. Building addition does not exceed 500 square feet. b. The resultant
structure meets all water supply requirements of Chapter 5 and Appendix B of the 2022
California Fire Code. 5. An automatic sprinkler system shall be provided throughout
existing Group A, B, E, F, L, M, S and U buildings and structures, when additions are made
that increase the fire area to more than 3,600 square feet or that create conditions
described in Sections 903.2.1 through 903.2.18. 6. Any change in the character of
occupancy or in use of any building with a fire area equal to or greater than 3,600 square
feet which, in the opinion of the fire code official or building official, would place the
building into a more hazardous division of the same occupancy group or into a different
group of occupancies and constitutes a greater degree of life safety 1 or increased fire risk
2 , shall require the installation of an approved fire automatic fire sprinkler system.
Sprinklers require for new house.
82. REQUIRED FIRE FLOW: (Letter received) The minimum require fireflow for this project is
500 Gallons Per Minute (GPM) at 20 psi residual pressure. This fireflow assumes
installation of automatic fire sprinklers per CFC [903.3.1.3]
83. WATER SUPPLY REQUIREMENT: (As Noted on Sheet A1) Potable water supplies shall be
protected from contamination caused by fire protection water supplies. It is the
responsibility of the applicant and any contractors and subcontractors to contact the
water purveyor supplying the site of such project, and to comply with the requirements of
that purveyor. Such requirements shall be incorporated into the design of any water-
based fire protection systems, and/or fire suppression water supply systems or storage
containers that may be physically connected in any manner to an appliance capable of
causing contamination of the potable water supply of the purveyor of record. Final
approval of the system(s) under consideration will not be granted by this office until
compliance with the requirements of the water purveyor of record are documented by
that purveyor as having been met by the applicant(s). 2019 CFC Sec. 903.3.5 and Health
and Safety Code 13114.7.
84. ADDRESS IDENTIFICATION: (As Noted on Sheet A1) New and existing buildings shall have
approved address numbers, building numbers or approved building identification placed
in a position that is plainly legible and visible from the street or road fronting the
property. These numbers shall contrast with their background. Where required by the fire
code official, address numbers shall be provided in additional approved locations to
facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical
letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke
width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building
cannot be viewed from the public way, a monument, pole or other sign or means shall be
used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1.
85. CONSTRUCTION SITE FIRE SAFETY: (As Noted on Sheet A1) All construction sites must
comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and
Specification S1-7. Provide appropriate notations on subsequent plan submittals, as
appropriate to the project. CFC Chp. 33.
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FROM THE OFFICE OF
CHRIS SPAULDING
ARCHITECT
801 CAMELIA STREET, SUITE E
BERKELEY CA 94710
MATERIAL & COLOR BOARD
212 THURSTON STREET
LOS GATOS CALIFORNIA
ROOFING & GUTTERS, FASCIA & BARGE
BOARDS: TAYLOR METAL PRODUCTS
STANDING SEAM METAL ROOFING
COLOR: DARK BRONZE - LRV 22
METAL-CLAD WOOD WINDOW FRAMES
COLOR: BRONZE
SMOOTH STUCCO SIDING
COLOR: KELLY MOORE
'AFTERNOON TEA'
METAL RAILINGS
COLOR: BLACK
STONE:
REAL STONE VENEER
COLOR: CREAMY LIMESTONE
EXHIBIT 4
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Christopher Spaulding, Architect
7-31-23
212 Thurston Street
Consulting Architect’s Comments Response Letter – Comment Letter Dated May 16, 2023
Recommendation 1:
The entry porch has been enlarged to bring it across in front of the kitchen window as
recommended. This extends the lower roof eave line to better align with the adjacent houses
and buffers the front 2-story element.
Recommendation 2:
The gable-roof at the entry has been removed, as recommended.
Recommendation 3:
The exterior siding has been revised to be 2 materials – stucco and stone. These materials
are also used for one of the homes in the immediate neighborhood – 529 Monterey Ave., as
shown below:
Recommendation 4:
Metal roofing is also present in the immediate neighborhood – again on the home at 529
Monterey Ave.
EXHIBIT 8
Recommendation 5:
Similar to the home at 529 Monterey Avenue, Ms. Guillardo would like her home to be
more contemporary in style, while still having a more traditional massing (i.e., peaked roofs
with eaves). The elevations have been revised to expand the area of stone veneer, including
keeping the porch columns as stone.
Recommendation 6:
In keeping with the more contemporary styling, the windows will not have trim. This is
detailed in the drawings on sheet A2.
The example photo below has similar features and materials:
- Stucco & stone siding, along with stone columns, metal roofing and windows without
trim. The Guillardo house will have a slightly warmer color scheme for the stucco and
stone, but the roofing, fascia and window colors are the same.
Property: 212 Thurston St, Los Gatos, CA 95030
Owner: Meleah Guillardo,
Subject: Discussion with neighbors regarding 212 Thurston St development
Neighbors inquired with:
1. , 228 Thurston St, Los Gatos, CA
a. Date of inquiries: 6/25/2023
b. No issues with plans noted
2., 105 Olive St, Los Gatos, CA
a. Date of inquiries: 6/25/2023
b. No issues with plans noted
3. , 531 N Santa Cruz Avenue, Los Gatos, CA
a. Date of inquiries: 6/25/2023
b. No issues with plans noted
4., 590 Monterey Ave, Los Gatos, CA
a. Date of inquiries: 6/25/2023
b. No issues with plans noted
5., 214 Thurston St, Los Gatos, CA
a. Date of inquiries: 6/25/2023
b. No issues with plans noted
Neighbors not inquired with
1. , 103 Olive St.
a. Neighbor did not answer doorbell on 6/25/2023
2. 533 N Santa Cruz Ave, Los Gatos, CA
a. Neighbor did not answer doorbell on 6/25/2023
3. 210 Thurston St, Los Gatos, CA
a. Neighbor did not answer doorbell on 6/25/2023
EXHIBIT 9
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From: Eric Rafia <>
Sent: Friday, July 7, 2023 5:54 PM
To: Planning <Planning@losgatosca.gov>
Subject: 212 Thurston St, Los Gatos
[EXTERNAL SENDER]
As the owner of the adjacent property at , I am writing to you regarding the proposed
development at 212 Thurston Street. I have been informed by the current owners of their intent to
construct a new residence on this site. I would greatly appreciate any information regarding a public
comment period, including its potential timeline.
My primary concern is the dilapidated garage, which is situated very close to or on the shared boundary
line. To better illustrate the situation, I have included photographs demonstrating the disrepair and
unsightly nature of this structure. Its location, infringing upon the setback area, is a pressing issue,
especially if substantial development is being proposed.
I am categorically opposed to the garage remaining in its current location if that is part of their proposal. I
urge that all necessary setback codes for this prospective development be strictly followed.
Furthermore, I have witnessed friends, property owners on Olive Street, face considerable resistance from
their neighbors when proposing a second story for their similarly sized lot, resulting in a sing le-story
construction. Although I am uncertain about the plans for 212 Thurston Street, if a second story is
proposed, I believe the potential impact on second -story sightlines needs serious consideration. Should
these sightlines significantly affect the privacy of adjacent properties, I suggest restrictions be placed on
constructing a second story.
Thank you in advance for your time and consideration. I wish you a pleasant weekend.
Best regards,
Eric Rafia
EXHIBIT 10
From: Eric Rafia >
Sent: Wednesday, July 12, 2023 8:52 AM
To: Maria Chavarin <MChavarin@losgatosca.gov>
Cc: Sean Mullin <SMullin@losgatosca.gov>
Subject: RE: 212 Thurston St, Los Gatos
[EXTERNAL SENDER]
Thank you for sending this along. I reviewed the documents.
I see they in-fact do want to maintain the existing garage in its current place. This is not acceptable.
There is currently a single-car garage, and it appears they have room to construct a new single-car
garage in connection with their new house, within what is likely the required setback area, effectively
netting them the same benefit. They were additionally aware of setback requirements when they
acquired the property, so the encroachment into the setback requirements needs to end.
In addition, I noticed they have hired an architect which has done a lot of work in the Town and has a
reputation for being well-connected. There is certainly nothing wrong with that, and I would argue it is
smart, however I do note that the letter of justification cites that other properties nearby have reduced
front yard setbacks, and thus somehow that justifies the same here. I think this is a stretch. 590
Monterey is a side yard setback for fairly new construction, so its an apples-to-oranges
comparison. Furthermore, the adjacent property that encroaches into the right of way should in no way
be used as justification for reducing setback requirements as that is in no way a benchmark which
should be used. Looking up the street in the opposite direction, you will see that setbacks actually are
fairly harmonious and that is the metric by which these plans should be reviewed and commented on.
Lastly, I would recommend that the garage be placed in such a manner that would yield a driveway that
would completely accommodate a large vehicle or SUV/Truck. There are kids that play on that street,
and pedestrian traffic should not be forced to navigate around the tail end of a vehicle parked in a
driveway. An example of this on the street is below, at 239 Thurston Street – where you can see the
driveway can’t even accommodate a compact vehicle.
If that means there is a slightly reduced rear yard (but not the side yard) setback for the garage only to
accommodate this, I would support some leniency there.
Thanks!
Eric
Christopher Marselli & Marta Iglesias-Xamani
December 4, 2023
Attention: Maria Chavarin, Los Gatos Assistant Planner
Re: 212 Thurston Street
Site Application S-23-009
Dear Ms. Chavarin,
We reside and are owners of the property at Our yard borders the property at 212
Thurston St. Specifically, the existing garage in that property is right on our property line.
We are writing to communicate our concerns about the constructions taking place in that property:
We understand that there is no plan to make modifications to the existing garage. This garage does
not comply with current setback codes- it’s right on our property line, and it is in poor condition:
there is cement missing between the cinderblocks and some of these cinderblocks are cracked and
missing small pieces. In addition, its roof tiles have been coming detached and falling on our yard.
Since there is major construction planned for this property and its garage infringes on our property,
we would like to request the lack of code compliance and poor condition of this garage be
addressed.
Besides this, the story pole placements and proposed building plans show a major impact to us. In
addition to limiting our views and light, from what we understand, the windows in the back of the
top story will look into both our daughter’s and our son’s bedrooms. These windows will also have
a full view of our yard. We have a small house and we (and particularly our children) use our yard
regularly. We would like our privacy concerns to be taken into consideration and learn what
mofications can be made to the building plans to mitigate the effect to us and other neighbors on
Olive St.
We also want to draw attention to the fact that there is a sign on the Thurston St. property that
shows that a hearing will be scheduled but the date and time are blank. We learned from a neighbor
that it would be on Dec. 13th, but other neighbors might not have advance notice of the time of this
meeting, and therefore might not be able to participate and share their concerns.
Thanks in advance for your consideration,
Christopher Marselli and Marta Iglesias-Xamani
From: >
Sent: Friday, January 5, 2024 9:38 AM
To: MChavarin@losgatoca.gov
Cc: Sean Mullin <SMullin@losgatosca.gov>
Subject: 212 Thurston st. S-23-009
[EXTERNAL SENDER]
Good morning.. here. As a resident of the neighborhood, I just wanted to make a couple
comments on the proposed new home.
1. Overall, it looks like a nice home design that will be a great improvement from the current structure.
2. It looks like the applicant is asking for a reduced front setback from the usual 15ft. Given the reduced
setback and the front sidewalk being so close, the 2 story front facade with a gable ridge/roof seems a
bit overpowering and tall.
3. If you look at the rest of the street, there are no 2 story homes that have a gable roofline. It might be
a better idea to implement a hip roof and give the look of a shorter 2 story wall plane at the reduced
front setback.
4. I have attached a photo for your reference of a nearby home that is comparable in size and uses a hip
roof, to lower the look while maintaining the same ridge height..
Just wanted to pass along a few possible ideas to what I think will be a nice home.
Thank you..
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Christopher Spaulding, Architect
12-18-23
212 Thurston Street
Response to neighbor concerns
Dear Maria,
Ms. Guillardo (the property owner of 212 Thurston) and I have discussed the letters
received from the three neighbors and have gone to the property and taken photos of the line-
of-sight view from the proposed 2nd floor windows towards the neighbor’s homes.
In doing this, we agree with the rear neighbors that the new windows will impact the
privacy of their back yards. To mitigate this, we propose to raise the window sill height of
the rear bathroom windows to be 5’ above the floor and to make them obscure glass (see
attached graphic). This will eliminate privacy concerns from the bathroom windows.
For the remaining bedroom window, we propose to plant evergreen screen planting
that will screen the view between the properties, while also not growing too tall (so as to not
block the light into their yards). Ms. Guillardo has retained a landscape architect to propose
an appropriate species for the screen (see attached). I have also attached a graphic roughly
showing where the trees would be planted and how they can block the view from the
proposed bedroom window to the neighbor’s yards.
For the adjacent neighbor to the left, Ms. Guillardo intends to repair the existing
garage as part of this construction project (repairing the garage does not require Planning
Approval, so is not included in this Planning Application – A separate building permit will be
obtained to repair the garage). As for the privacy issue for this neighbor, there are only two
2nd floor windows looking out towards the adjacent property – one in the bathroom and one
in the stairhall. I have attached a photo of the view from the future 2nd floor window location,
and as you can see, there are no windows visible on the adjacent house, nor is the back yard
visible. As such, we do not think there is a privacy issue between these properties.
EXHIBIT 11
Christopher Spaulding, Architect
12-18-23
212 Thurston Street
Site Photos
View from future bathroom window looking towards the left neighbor
View from future bedroom window looking out towards the rear neighbor, showing proposed
screen planting
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