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13 Staff Report.Thurston Street - Appeal with attachments PREPARED BY: Maria Chavarin Assistant Planner Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Community Development Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 03/05/2024 ITEM NO: 13 DATE: February 29, 2024 TO: Town Council FROM: Joel Paulson, Community Development Director SUBJECT: Consider the Adoption of a Resolution Denying an Appeal of a Planning Commission Decision that Approved the Demolition of an Existing Single- Family Residence and Construction of a New Single-Family Residence with Reduced Setbacks on a Non-Conforming Property Zoned R-1D. Located at 212 Thurston Street. APN 410-15-039. This Project is 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: Adopt a resolution denying an appeal of a Planning Commission decision to approve the 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. BACKGROUND: The subject property is located on the north side of Thurston Street between N. Santa Cruz Avenue and Monterey Avenue (Attachment 2, 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. 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 with a cellar. The site is developed with a 1,109-square foot single-story residence and a 385- square foot detached garage. On October 11, 2023, the application was deemed complete. Project signage and story poles were installed on the subject property and certified by a licensed civil engineer on November 7, PAGE 2 OF 7 SUBJECT: 212 Thurston Street/S-23-009 DATE: February 29, 2024 2023. On December 1, 2023, notice cards were mailed to surrounding PAGE 3 OF 7 SUBJECT: 212 Thurston Street/S-23-009 DATE: February 29, 2024 BACKGROUND (continued): property owners and occupants as required by the Town Code. It was discovered that the signage did not contain the Planning Commission meeting date. On December 13, 2023, the Architecture and Site application was scheduled as an “other business” item for the Planning Commission meeting to open the public hearing and allow for public comments on the matter (Attachment 1). No public comments were received at that time and the item was continued to the January 10, 2024 Planning Commission meeting to allow public notice on the project sign consistent with Town Policy. On January 10, 2024, the Planning Commission considered the application, including written and verbal public comments (Attachment 2 and 3). The Planning Commission approved the application subject to additional conditions as described in the Action Letter (Attachment 4) and Section B below. On January 22, 2024, the decision of the Planning Commission was appealed to the Town Council by an interested person, Eric Rafia, property owner of 214 Thurston Street (Attachment 5). The appellant indicated that there was both an error and abuse of discretion and the Planning Commission’s decision is not supported by substantial evidence in the record. Pursuant to the Town Code, any interested person as defined by Section 29.10.020 may appeal to the Council any decision of the Planning Commission. For residential projects an interested person is defined as “a person or entity who owns property or resides within 1,000 feet of a property for which a decision has been rendered and can demonstrate that their property will be injured by the decision.” The appellant meets the requirements. Pursuant to Town Code Section 29.20.280, the appeal must be heard within 56 days of the Planning Commission hearing, in this case by March 6, 2024. The Council must at least open the public hearing for the item and may continue the matter to a date certain if the Council does not complete its deliberations. Pursuant to Town Code Section 29.20.295, in the appeal, and based on the record, the appellant bears the burden to prove that either there was an error or abuse of discretion by the Planning Commission or the decision was not supported by substantial evidence in the record. If neither is proved, the appeal should be denied. If the appellant meets the burden, the Town Council shall grant the appeal and may modify, in whole or in part, the determination from which the appeal was taken or, at its discretion, return the matter to Planning Commission. If the basis for granting the appeal is, in whole or in part, information not presented to or considered by the Planning Commission, the matter shall be returned to the Planning Commission for review. PAGE 4 OF 7 SUBJECT: 212 Thurston Street/S-23-009 DATE: February 29, 2024 DISCUSSION: A. 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 (Attachment 2, 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 uncovered on-site parking space to comply with the minimum requirement of two parking spaces. 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. The applicant provided a Letter of Justification discussing this request (Attachment 2, Exhibits 5 and 6). A full discussion and analysis of the application, including the requested exception, is provided in the January 5, 2024 Planning Commission Staff Report (Attachment 2). B. Planning Commission On January 5, 2024, the Planning Commission received the staff report (Attachments 2). After receiving public comment and asking questions of the applicant, the Planning Commission closed the public hearing and discussed the project. Based on the neighbor’s concerns, the motion for approval included additional conditions of approval regarding repairs to the existing garage, privacy screening, and window changes (Attachment 4, Conditions 4, 5, and 6). The Planning Commission voted five to one to approve the application, with Commissioner Burnett voting no. Attachment 3 contains the verbatim minutes. C. Appeal to Town Council The decision of the Planning Commission was appealed on January 22, 2024, by an interested person, Eric Rafia (Attachment 5). The appeal states that the Planning Commission based their decision on “setback, condition of approval for existing garage to remain” and “setbacks do not conform to R1-D minimum setback requirements” (Attachment 5). A summary of the specific reasons listed in the appeal form are provided below as verbatim excerpts, followed by the applicant’s response in italic font and staff’s response. PAGE 5 OF 7 SUBJECT: 212 Thurston Street/S-23-009 DATE: February 29, 2024 DISCUSSION (continued): 1. Appellant: There was an error or abuse of discretion by the Planning Commission: Setback, condition of approval for existing garage to remain. Applicant: The adjacent neighbor has appealed the Planning Commission approval of Meleah Gullardo’s proposed new home at 212 Thurston Street. In the appeal, he states that there was an error or abuse of discretion by the Planning Commission for the “Setback, condition of approval for existing garage to remain” and that the Planning Commission’s decision is not supported by substantial evidence in the record as “Setbacks do not conform to R1-D minimum setback requirements”. For the first part, this neighbor has demanded that the existing detached garage be removed since he first learned of the Ms. Guillardo’s plans to build a new home. Attached is the first letter he sent to the Town complaining about the garage. However, the garage is a legal, non-conforming structure that Ms. Guillardo would like to keep and to repair. There is no law or ordinance that requires that this garage be demolished, and the garage was not even part of what was before the Commission. Nevertheless, the Commission addressed the condition of the garage, and at Ms. Guillardo’s assent, added the condition of approval that the garage is to be repaired in conjunction with the construction of the house. Staff response: Sheet A1 of the Development plans identifies the location of the detached garage. The garage is a legal non-conforming structure as to setbacks, which would require five feet from any side or rear property line. The Town records show that on May 11, 1948, an application was filed for the construction of an 18 by 20-foot one- story garage. No plans are available; however, the 1928-1956 Sanborn Fire Insurance Maps show the garage existed. The existing detached garage is not included as part of this Architecture and Site application. The Planning Commission, after discussing the current state of the garage, and the applicant’s plans to make improvements in the future, approved the project with an additional condition requiring repair of the detached garage prior to certificate of occupancy of the main residence. The added condition of approval is addressed through Condition 5, Attachment 4. At the Planning Commission meeting of January 10, 2024, the Town Attorney clarified for the record that the added conditions of approval related to the maintenance and repair of the garage cannot be imposed on the project since it is not a part of the application; however, since the property owner agreed to the added condition of approval related to the maintenance and repair of the garage during the meeting, the Town can include the added condition. PAGE 6 OF 7 SUBJECT: 212 Thurston Street/S-23-009 DATE: February 29, 2024 DISCUSSION (continued): 2. Appellant: The Planning Commission’s decision is not supported by substantial evidence in the record: Setbacks do not conform to R1-D minimum setback requirements. Applicant: For the 2nd part, the Planning Commission spent considerable amount of time during the hearing discussing, taking testimony and asking questions of the neighbors about the proposed reduced front setback of the main house. This is all recorded in the video record of the hearing. Since the property is a substandard lot, the Town Code allows for the reduction of setbacks, per the Commission’s discretion. The Commission fully took into account the context of the site, the setbacks of the surrounding structures, the effect on the rear neighbors (were the house to be moved back), and the images of the story poles when viewed from up and down the street. In conclusion, the Commission did not err or abuse its discretion when it added a condition of approval that the detached garage be repaired concurrently with the construction of the main house. It would have been abuse to force the rebuilding and relocation of the existing garage against the owner’s wishes. Secondly, there is ample evidence in the record that the Commission properly considered the proposed reduced front setback for this home, and that their decision was not made in haste, under subterfuge, or duress. Staff response: Sheet A1 of the Development plans identify the location of the single- family residence. Currently, the residence is 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 where a 15-foot front yard setback is required per the R1-D zoning regulations. In addition, the applicant provided an aerial photo of the neighborhood context showing the current setbacks of residences in the immediate neighborhood (Attachment 2, Exhibit 6). Section 29.10.265 of the Town Code allows for the modification of any rule of the zone on nonconforming property, including setbacks, when found to be compatible with the neighborhood. The Planning Commission found that the reduced setbacks of the new residence complied with these requirements. PUBLIC COMMENTS: Story poles and signage have been maintained on the site since the November 7, 2023, Planning Commission meeting. Written notice of the Town Council hearing was sent to property owners and tenants within 300 feet of the subject property. At the time of this report’s preparation, the Town has not received any public comment. PAGE 7 OF 7 SUBJECT: 212 Thurston Street/S-23-009 DATE: February 29, 2024 ENVIRONMENTAL REVIEW: 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. CONCLUSION: A. Recommendation For the reasons stated in this report, it is recommended that the Town Council uphold the decision of the Planning Commission and adopt a resolution (Attachment 6) denying the appeal. B. Alternatives Alternatively, the Town Council could continue the application to a date certain and: 1. Provide direction to staff to prepare a resolution to grant the appeal and remand the application back to the Planning Commission with specific direction; 2. Provide direction to staff to prepare a resolution granting the appeal and denying the application; or 3. Continue the application to a date certain with other specific direction. ATTACHMENTS: 1. December 13, 2024 Planning Commission Staff Report 2. January 10, 2024 Planning Commission Staff Report, with Exhibits 1-12 3. January 10, 2024 Planning Commission Verbatim Minutes 4. January 17, 2024 Planning Commission Action Letter 5. Appeal of the Planning Commission Decision, received January 22, 2024 6. Applicant’s Response to Appeal, Received February 20, 2024 7. Draft Resolution to Deny Appeal and Approve Project This Page Intentionally Left Blank PREPARED BY: Maria Chavarin Assistant Planner Reviewed by: Community Development Director and Planning Manager 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6874 www.losgatosca.gov TOWN OF LOS GATOS PLANNING COMMISSION REPORT MEETING DATE: 12/13/2023 ITEM NO: 3 DATE: December 8, 2023 TO: Planning Commission FROM: Joel Paulson, Community Development Director SUBJECT: Open a Public Hearing for a Request for Approval for Demolition of an Existing Single-Family Residence and Construction of a New Single-Family Residence with Reduced Setbacks on Non-Conforming Property Zoned R-1D and Continue the Matter to January 10, 2024. Located at 212 Thurston Street. APN 410-15-039. Architecture and Site Application S-23-009. 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. REMARKS: Staff recommends that the Planning Commission open the public hearing to receive any public comment from interested parties in attendance, close the public hearing, and continue the item to a date certain of January 10, 2024, to allow public notice on the project sign consistent with Town policy. ATTACHMENT 1 This Page Intentionally Left Blank 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 ATTACHMENT 2 PAGE 2 OF 9 SUBJECT: 212 Thurston Street/S-23-009 DATE: January 5, 2024 S:\PLANNING COMMISSION REPORTS\2024\01-10-2024\Item 3 - 212 Thurston\Staff Report.212 Thurston St.docx 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. PAGE 3 OF 9 SUBJECT: 212 Thurston Street/S-23-009 DATE: January 5, 2024 S:\PLANNING COMMISSION REPORTS\2024\01-10-2024\Item 3 - 212 Thurston\Staff Report.212 Thurston St.docx 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. PAGE 4 OF 9 SUBJECT: 212 Thurston Street/S-23-009 DATE: January 5, 2024 S:\PLANNING COMMISSION REPORTS\2024\01-10-2024\Item 3 - 212 Thurston\Staff Report.212 Thurston St.docx 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. PAGE 5 OF 9 SUBJECT: 212 Thurston Street/S-23-009 DATE: January 5, 2024 S:\PLANNING COMMISSION REPORTS\2024\01-10-2024\Item 3 - 212 Thurston\Staff Report.212 Thurston St.docx 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. PAGE 6 OF 9 SUBJECT: 212 Thurston Street/S-23-009 DATE: January 5, 2024 S:\PLANNING COMMISSION REPORTS\2024\01-10-2024\Item 3 - 212 Thurston\Staff Report.212 Thurston St.docx 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. PAGE 7 OF 9 SUBJECT: 212 Thurston Street/S-23-009 DATE: January 5, 2024 S:\PLANNING COMMISSION REPORTS\2024\01-10-2024\Item 3 - 212 Thurston\Staff Report.212 Thurston St.docx 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. PAGE 8 OF 9 SUBJECT: 212 Thurston Street/S-23-009 DATE: January 5, 2024 S:\PLANNING COMMISSION REPORTS\2024\01-10-2024\Item 3 - 212 Thurston\Staff Report.212 Thurston St.docx 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. PAGE 9 OF 9 SUBJECT: 212 Thurston Street/S-23-009 DATE: January 5, 2024 S:\PLANNING COMMISSION REPORTS\2024\01-10-2024\Item 3 - 212 Thurston\Staff Report.212 Thurston St.docx 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 This Page Intentionally Left Blank ANDR E W S S T N SANTA CRUZ AVOLIV E S T INDUSTRIAL WYASHL E R A V MONTEREY AVTHUR S T O N S T UNIVERSITY AVSAN BENITO AVROB E R T S R D SAN M A T E O A V SAN BENITO AV212 Thurston Street 0 0.250.125 Miles ° Update Notes: - Updated 12/20/17 to link to tlg-sql12 server data (sm)- Updated 11/22/19 adding centerpoint guides, Buildings layer, and Project Site leader with label - Updated 10/8/20 to add street centerlines which can be useful in the hillside area- Updated 02-19-21 to link to TLG-SQL17 database (sm) - Updated 08-23-23 to link to "Town Assessor Data" (sm) EXHIBIT 1 This Page Intentionally Left Blank S:\PLANNING COMMISSION REPORTS\2024\01-10-2024\Item 3 - 212 Thurston\Exhibit 2 - 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 S:\PLANNING COMMISSION REPORTS\2024\01-10-2024\Item 3 - 212 Thurston\Exhibit 2 - 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. This Page Intentionally Left Blank FROM THE OFFICE OFCHRIS SPAULDINGARCHITECT 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 This Page Intentionally Left Blank This Page Intentionally Left Blank This Page Intentionally Left Blank This Page Intentionally Left Blank 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 This Page Intentionally Left Blank 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 single-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.. This Page Intentionally Left Blank 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 This Page Intentionally Left Blank A4SECTION A-A1/4"=1'-0"051015SECTION B-B1/4"=1'-0"051015GREAT ROOMENTRYCOVEREDPORCHTHEATER /GAME ROOMMASTERBATHMASTERCLOSTAIR HALLBEDROOM 3THEATER /GAME ROOMCLOGREAT ROOMMASTERBEDROOMVAULTED CE L NGSTAIR HALLLIN8'-912" 6'-8" M NHEADROOM REQUD)VENTED ATT CVENTED ATT C1ST FLR382.0'10'-0" 1ST FLOOR PLATE HT, TYPICAL9'-0" 2ND FLOOR PLATE HT,TYPICAL, U.N.O.2ND FLR393.05'26'-3" PROPOSED MAX. HE GHTFROM LOWEST [E] GRADE AROUND PERIMETER TO HIGHEST RIDGE)10'-0" BSMT FLOORPLATE HT, TYPICALBSMT FLR370.95'STOSHEETSSHEETOFSCALEDATEDRAWNJOBPERMIT SETCONSTRUCTION SETPRELIMINARY SETPLAN CHECK SETDESIGN REVIEW SETREVISIONSBYA R C H I T E C T CHRIS SPAULDING(510) 527-5997 FAX (510) 527-5999BERKELEY CALIFORNIA 9 710801 CAMELIA STREET SUITE EDRAWINGS PREPARED BYLOS GATOS CALIFORNIACS/DBGUILLARDO4-17-234212 THURSTON STAS NOTEDA PROPOSED NEW 2-STORY HOME FORGUILLARDO RESIDENCE7-19-23db10-11-2310-20-2311-29-23 Enlarge park ng spaceSTREETSCAPE LOOKING TOWARDS PROJECT SITE1/16"=1'-0"N SANTACRUZ STPROPOSED PROJECT SITE212 THURSTON ST210 THURSTON ST⅊⅊⅊⅊⅊⅊533 N SANTA CRUZ AVE214 THURSTON ST228 THURSTON ST232 THURSTON ST18'-9" ±26'-0" ±21'-0" ±26'-3"15'-3" ±18'-0" ±SITE CROSS SECTION WITH PROPERTY BEHIND AND ACROSS 1/16"=1'-0"⅊⅊⅊⅊⅊MONTEREY AVE529 MONTEREY AVE590 MONTEREY AVE531 N SANTA CRUZ AVE27'-0" ±20'-0" ±19'-0" ±20'-0" ±PROPOSED PROJECT SITE212 THURSTON ST⅊⅊⅊⅊⅊⅊OLIVE STTHURSTON ST590 MONTEREY AVE103 OLIVE ST20'-0" ±16'-0" ±2'-5"H GHEST R DGE405.95'124, TYPICAL124, TYP CAL26'-3"9'-6" PLATE @ FRONTCOVERED PORCH2'-0" This Page Intentionally Left Blank LOS GATOS PLANNING COMMISSION 1/10/2024 Item #3, 212 Thurston Street 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A P P E A R A N C E S: Los Gatos Planning Commissioners: Steve Raspe, Chair Emily Thomas, Vice Chair Susan Burnett Melanie Hanssen Kathryn Janoff Adam Mayer Town Manager: Laurel Prevetti Community Development Director: Joel Paulson Town Attorney: Gabrielle Whelan Transcribed by: Vicki L. Blandin (619) 541-3405 ATTACHMENT 3 LOS GATOS PLANNING COMMISSION 1/10/2024 Item #3, 212 Thurston Street 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 P R O C E E D I N G S: CHAIR RASPE: We’ll now move to the Public Hearings portion of the calendar, of which there is one matter tonight. Tonight is a request for approval of demolition of an existing single-family residence and construction of a new single-family residence with reduced setbacks on a property zoned R-1D located at 212 Thurston Street, APN 410-15-039. The Property Owner/Applicant is Meleah Guillardo, and the project planner is Maria Chavarin. First, can I see a show of hands of Commissioners who have visited the property? Thank you all. Are there any disclosures on this item? Seeing none, can I please have the Staff Report then, Ms. Chavarin? MARIA CHAVARIN: Good evening, Maria Chavarin, project planner for the property located at 212 Thurston Street. The item before you this evening is an Architecture and Site Application for demolition of an existing single-family residence and construction of a new single-family residence with reduced setbacks on a property zoned R-1D. The project consists of the construction of a LOS GATOS PLANNING COMMISSION 1/10/2024 Item #3, 212 Thurston Street 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 two-story single-family residence including below-grade square footage and the removal of two existing fruit trees. As part of the application the Applicant is requesting an exception to Chapter 29 of the Town Code of regulations for reduced front yard setbacks. This will conclude Staff’s presentation. I’m happy to answer questions. Thank you. CHAIR RASPE: Thank you for that report, Ms. Chavarin. Commissioners, any questions for Staff on this matter? Seeing none, I have one card from the Applicant. Meleah Guillardo is the project applicant. You can come forward to the podium and speak. You have up to three minutes to speak. Thank you. JENNIFER ARMER: Through the Vice Chair, she has up to five minutes, in combination with her architect as well, who is available on Zoom, if she so chooses. CHAIR RASPE: Very good. My apologies. You have five minutes total. You can allot that as between you and your architect in any fashion. Thank you. MELEAH GUILLARDO: Thank you. My name is Meleah Guillardo and I am the owner of 212 Thurston Street. I’ve lived in Los Gatos my whole life and am excited to make Thurston Street my forever home in this beautiful town. LOS GATOS PLANNING COMMISSION 1/10/2024 Item #3, 212 Thurston Street 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I am requesting approval to build a new home, as the current structure is very out of date and an eyesore in the surrounding neighborhood. I also plan to repair the garage. I look forward to being a good and accommodating neighbor and I thank you, Commissioners, for your time this evening. I will pass it off to my architect, Chris Spaulding, for further comments. CHAIR RASPE: Thank you. Mr. Spaulding, can you hear us on Zoom? CHRIS SPAULDING: I can. Can you hear me? CHAIR RASPE: Yes, we can. Go ahead and proceed. CHRIS SPAULDING: Thank you. This is a very interesting lot, a very small lot—you’ve all been out to see it—and it’s adjacent to the commercial zone, and the adjacent property on the commercial zone has a house that’s actually partially on Meleah’s property by 6”, and is also onto the public right-of-way by another 9”, I believe. At some point something is going to happen on that property, so when we designed this we anticipated that something large or unattractive might go there in the future, maybe four units, or who knows? We designed his house for Meleah’s needs, and also as best as we could to LOS GATOS PLANNING COMMISSION 1/10/2024 Item #3, 212 Thurston Street 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 protect the neighbors’ privacy, their light, and their views. As you can see from some of the neighbors, they were also very concerned about their privacy, so we did some revisions to the second floor windows. If you look in your packet, it’s page 74, or if Maria could put it up on the screen, it’s our slide “212 Thurston Privacy Window Changes.” That’s it. Originally we had some large windows in the bathroom and we have made those windows with 5’ sills and changed them to obscure glass, and that leaves only one window, which is in the bedroom facing the rear yard. We have a photo of what it looks like looking out that window. Maria, if you could put up “From Second Floor Looking at Rear Neighbors with Proposed Hedge.” There it is. This is the view from that window, and we’re proposing a hedge, which is also in your packet, I think page 75, and if Maria could put it on the screen, it’s “212 Thurston Screening Plan.” It shows the configuration of that hedge that the landscape architect proposes. I think with that hedge we could protect the neighbors’ privacy from that one remaining window on the second story. There isn’t really a privacy issue looking in the other directions. LOS GATOS PLANNING COMMISSION 1/10/2024 Item #3, 212 Thurston Street 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Also, I should say that the reason that we’re asking for reduced setbacks is those setbacks reduce the shadows onto the rear neighbors a little bit; it allows for us to have space for a small porch on the front, which was requested by the Town’s consulting architect, and we’d like to have a porch ourselves; and even with the reduced setbacks the proposed house is still farther back then the existing house and it does allow for a little larger back yard for Meleah, so that was the idea about asking for the reduced setback. That’s all I have to say, unless you have some questions of me. Thank you. CHAIR RASPE: Thank you very much, Mr. Spaulding. Please stay on the call for one moment and I’ll ask my fellow commissioners whether they have any questions for the Applicant, either the owner or the architect on the line? Commissioner Hanssen. COMMISSIONER HANSSEN: Thank you for your presentation. I wanted to ask about the consulting architect’s comments. While you responded to a number of the architectural concerns I didn’t see a lot of discussion of when they brought up being the largest house in the neighborhood from a couple of different metrics. Specifically the consulting architect talked about because LOS GATOS PLANNING COMMISSION 1/10/2024 Item #3, 212 Thurston Street 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you’re so close to the front setback and having a wall of two-story, so I was curious if you could address that, because I didn’t see that in there? Maybe I missed it, but maybe you could address that. CHRIS SPAULDING: Sure. One of his suggestions to mitigate not having such a tall wall at the front of the house was to expand the front porch, and so we took that suggestion and added that to the plans so that there is no longer any full two-story wall segments that are visible at the front; the front porch is a one-story element that mitigates the height, I guess I could say. COMMISSIONER HANSSEN: Maybe it’s because we don’t have drawings like the consulting architect does. So it sounds like you have made some effort to reduce the massing at the street. CHRIS SPAULDING: Yes. COMMISSIONER HANSSEN: Can I also ask you about the garage? The Applicant did mention yes, we’re going to fix the garage, but you had a number of comments from your neighbors about the garage, and it wasn’t in the plans to tear down and rebuild the garage. What is planned for the garage since that was a source of complaint from at least a couple neighbors? LOS GATOS PLANNING COMMISSION 1/10/2024 Item #3, 212 Thurston Street 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHRIS SPAULDING: It can’t be torn down if we want to leave it in its existing location, and we do want to leave it in the existing location, because it’s almost at zero lot line, so on this tiny property it gives more space for parking in front of the garage and it also gives more yard space. The intent is to repair it and fix it and make it as nice as the new house will be, but it will essentially be the same building, just with cosmetic repairs. COMMISSIONER HANSSEN: But the cosmetic repairs will at least address the concerns that the neighbors had about it looking dilapidated and things falling off? CHRIS SPAULDING: Correct. It is dilapidated and things are falling off, and that will all get repaired. That will be included in our construction plans, but this application was really for the house, not the garage, so that’s why it’s not included in the application. COMMISSIONER HANSSEN: Understood, but we just want to make sure that you’ve addressed all the neighbors’ concerns as best as possible. Thank you. CHRIS SPAULDING: That is our intent. CHAIR RASPE: Thank you so much. Any other questions or comments from Commissioners? Yes, Commissioner Burnett. LOS GATOS PLANNING COMMISSION 1/10/2024 Item #3, 212 Thurston Street 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BURNETT: Thank you, Mr. Spaulding, for responding to our questions. After going through the documents here, our Town architect made six recommendations and you really only agree with two, wanting to maintain more of a contemporary style home. After walking the neighborhood, which I did, there’s really only one home that is contemporary; most of the houses are one- to two-story traditional. You refer mostly to the house on Monterey Avenue; I think it’s 529 Monterey. Did you discuss other options with your client, since this is predominantly a traditional neighborhood and there’s really only one other home that is real contemporary? There is one home on Olive Street that has a similar roof, but the FAR is very small; it’s a small lot and small home, and considering the size of this lot and the other FARs in the neighborhood that are less but the lots are much larger, this adds to the dominance of the style of this home, so I’m wondering if there were other options for your client considering four of the recommendations of our Town architect were not acted upon? Thank you. CHRIS SPAULDING: Sure. Maria, could you put up the slide of 529 Monterey, please? There it is. That’s the LOS GATOS PLANNING COMMISSION 1/10/2024 Item #3, 212 Thurston Street 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 house you’re referring to, which is across the street and one property over. Similar style to what Meleah would like. We discussed it and she wants a more contemporary house, not such a traditional one, so that’s what we’re trying to achieve. There is already an example in the neighborhood, so the Planning Staff said that since there is already one it’s kind of the ice had been broken and we could follow suit. I’d also like to say that it’s likely that something more contemporary will probably happen adjacent to us on the property zoned commercial, and this house is right at the edge of the neighborhood, it’s not in the center of the neighborhood. Perhaps Maria could also put on the slide “Thurston Street View of Story Poles.” There we go. This is looking down the street and that contemporary house on Monterey is to your right. Our proposed house, you can see with the orange netting, is on the left. I just don’t see that this is going to be an overwhelming presence on the street. It’s not going to be orange, so it’s not going to stand out like the netting. I think it will fit in very nicely, and we’re trying to do what the owner prefers, and she prefers the contemporary style. LOS GATOS PLANNING COMMISSION 1/10/2024 Item #3, 212 Thurston Street 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BURNETT: Thank you for that, but again, that’s the only real contemporary home in the neighborhood that you’re describing. I walked the whole neighborhood, and that’s the only one, and we do have a Residential Design Guideline and our architect recommended six changes, and you decided to only go for two. Those are just my comments, so that concerns me. And it is the tallest house that is going to be built. It’s a very small lot and the FAR is one of the fifth highest of the FARs. The other FARs are on much larger lots, so I was just making those comments. Thank you. CHAIR RASPE: Thank you so much. Any other Commissioner comments for the Applicant? Commissioner Mayer. COMMISSIONER MAYER: I just want to ask a question for clarification. The reason that the setback went from 10’ to 7’3” was because of the addition of the front porch? Am I understanding that correctly? CHRIS SPAULDING: Yes. COMMISSIONER MAYER: Okay, thanks. CHAIR RASPE: Thank you. Any other questions from Commissioners? Mr. Spaulding, please stand by. There will LOS GATOS PLANNING COMMISSION 1/10/2024 Item #3, 212 Thurston Street 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 be a chance to ask and answer some additional questions after we hear from the rest of the public. Now I open the discussion to comments from the public. I know we have at least one on Zoom, Mr. Paulson. Zoom callers, if you want to speak, please raise your hand. You will be called up and then please state your name for the record. JENNIFER ARMER: The first speaker is Bill Hopps. CHAIR RASPE: Mr. Hopps. Welcome. BILL HOPPS: Thank you. My name is Bill Hopps. I am a resident on Olive Street behind the property. First off, I’ve got to acknowledge that I didn’t have time to look at any of the planning documents that were revised; I haven’t seen them, so thank you for addressing some of the issues. Overall my biggest concern is just the scale of the property. It’s much larger than any of the other homes, and especially any of the homes behind it. It’s going to impact our light and visibility out of the back. I acknowledge the input of a hedge is great. The master bedroom windows though, I don't know how much that hedge blocks, but they weren’t changed in size and they do have a good view of our back entryway and bedroom. LOS GATOS PLANNING COMMISSION 1/10/2024 Item #3, 212 Thurston Street 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I think that kind of sums it up. My concern overall is that you have a consulting architect that has said the size and scale was out of character of the neighborhood, and that seems to have been somewhat ignored. Thank you. CHAIR RASPE: Thank you very much for your comments. Before you go, any questions? Mr. Hopps, we have one question for you from our commissioner. VICE CHAIR THOMAS: Hi, Mr. Hopps. Thank you for speaking during public comment tonight. My question for you is would you not be comfortable with any two-story home, or is it really just the location of the bedroom? BILL HOPPS: That’s kind of a long and not deep lot. A two-story home is going to be imposing on that structure, so that is an overall concern. I will live with accommodation somewhat of the windows. I understand the neighborhood is changing and I’m basically not stuck in the mud or not open to change, but it does imply that the entire neighborhood is going to be going through a change. If the two stories get built there, then I don’t see what logic stops two-story buildings from being built on all of our lots except behind it, and that will definitely start changing the entire character of the neighborhood. I hope that answers your question. LOS GATOS PLANNING COMMISSION 1/10/2024 Item #3, 212 Thurston Street 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 VICE CHAIR THOMAS: Thank you. CHAIR RASPE: Thank you. Any other questions for Mr. Hopps? Seeing none, thank you for your comments tonight, Mr. Hopps. Mr. Paulson, any other comments on Zoom? JOEL PAULSON: Martha, you’ll be next to speak. CHAIR RASPE: Hi Martha. You have three minutes to speak, and if you can begin by stating your name for the record, please. MARTHA: My name is Martha (inaudible) and my husband and I are the owners of 105 Olive and our back yard shares a little bit of the garage and a little bit of the fence with Meleah. I want to thank Meleah for taking some measures to respect our privacy. One of the concerns that have not been addressed is that the house next to Meleah is also a two-story house, but it is much lower. I look in my back yard and I can barely see that house, even the two-story, but Meleah’s house is much taller than that. Can the two- story house be lower like the other one next to it? It’s one of my questions. Why does it have to be so much taller? So that’s one of the things. Then the window, I’m very happy that there are going to be some privacy measures for our privacy concerns, LOS GATOS PLANNING COMMISSION 1/10/2024 Item #3, 212 Thurston Street 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 otherwise, our whole back yard is like completely visible, but I don't know that that hedge is going to protect our privacy, because the window, it didn’t show what it does to our yard really. I’m not sure if it’s because it’s not visible from that window or not, but I would be surprised, because that house, from our yard looking just from our back yard door, it’s very prominent right now what you see of that house. And again, the one just in front of me, I cannot see that second floor; it’s much lower. So it’s not that a second floor couldn’t be built, it’s like can it be like 5’ lower like the one next to it is what I’m asking. CHAIR RASPE: Thank you for your comments. Before you leave, do any Commissioners have questions for this witness? Seeing none, thank you so much. Mr. Paulson, any other voices to be heard on Zoom? JOEL PAULSON: Thank you, Vice Chair. The next speaker will be Carolyn. CAROLYN BECHTEL: I am Carolyn Bechtel and I’m right between those last two neighbors. I’m at 103 Olive Street, and yes, this is directly in my back yard, over the fence. I am all for building our personal homes that make us feel wonderful in this fantastic town of Los Gatos. LOS GATOS PLANNING COMMISSION 1/10/2024 Item #3, 212 Thurston Street 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I will miss my sky view and trees and all that will happen, but I also appreciate progress. You talked about the bathroom windows being elevated and frosted, shaded, whatever, but I’m not quite clear on the bedroom windows, because I think it’s looking directly into my bedroom, so I’m not quite clear on that. It does seem like the height is quite tall in the neighborhood, but I also look up our street on Olive and I think it’s kind of the same thing. I don't know, I’m a little concerned about the visual from the windows looking right into my bedroom window, and I’m not sure what can be done about that, but that’s all I have to say. CHAIR RASPE: Thank you for your comments. Before you leave, I’m going to ask if any Commissioners have any questions for you, and I see Commissioner Janoff. COMMISSIONER JANOFF: Thank you. Just a question. Your primary concern sounds like it is the rear bedroom window that you stated appears to look directly into yours. The Applicant has proposed a hedge screening that, by documentations provided to us and in the package for public review, would seem to obscure from that window to yours. Have you seen that proposed hedge, and do you find that an acceptable means to ensure your privacy? LOS GATOS PLANNING COMMISSION 1/10/2024 Item #3, 212 Thurston Street 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CAROLYN BECHTEL: I did see that earlier and that actually very positively affected me, and I really appreciate that that is their intention. So yes, I would say that I have better feelings about that. COMMISSIONER JANOFF: Thank you so much for your response. CHAIR RASPE: Commissioner Thomas. VICE CHAIR THOMAS: My question has to do with the front yard setback. One of the requests that the Applicant is making tonight is that the front yard setback is only at 7’ versus 15’ so that there is a larger back yard space. I’m just asking you as a neighbor, how you feel about that adjustment, making sure that that house is closer to the front lot line than the back, and does that help with your privacy concerns? CAROLYN BECHTEL: Who was that question actually addressed to? VICE CHAIR THOMAS: That was to you. So sorry, let me summarize it again. To meet the setbacks required for this neighborhood and for this lot, the house would need to be moved back, so one of the things we’re considering tonight is an exception to that rule. I was just asking if having the house set more forward toward its LOS GATOS PLANNING COMMISSION 1/10/2024 Item #3, 212 Thurston Street 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 front lot line, father away from your lot line, would help with some of your privacy concerns? CAROLYN BECHTEL: That’s an architectural question. Gosh, I really don’t know how to answer that. He faced that on our own street on Olive Street, and from the other perspective, I wouldn’t have a problem either way. VICE CHAIR THOMAS: But would you be comfortable with the house closer to you? CAROLYN BECHTEL: I wouldn’t want to ruin the plans. I don't know. VICE CHAIR THOMAS: Okay, thank you. CHAIR RASPE: Thank you so much. Any other questions from Commissioners for this witness? Seeing none, thank you, again for attending this evening. Mr. Paulson, any other Zoom speakers? JOEL PAULSON: Yes, thank you. The next speaker will be Lee Quintana. CHAIR RASPE: Thank you. Ms. Quintana, if you could state your name for the record, and you have three minutes. LEE QUINTANA: My name is Lee Quintana, and I should mention that I’m currently a member of the Historic Preservation Committee, but I am making this comment as an individual resident. LOS GATOS PLANNING COMMISSION 1/10/2024 Item #3, 212 Thurston Street 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 My comment has to do with the garage and the fact that it is going to have a separate application. I am wondering, since that seems to be a consideration for the neighbor, if the Conditions of Approval should add a condition that the Occupancy Permit cannot be finalized until the garage has also been repaired? That’s one thing. The other thing is in response to a Commissioner question. If you move the house back as built, obviously it would probably have more impact on the rear yard neighbors; if you move it forward it would have more impact on the street, so in a sense the question is not whether it should be moved back or forward, but whether it should be modified to not be as massive and imposing. Thank you. CHAIR RASPE: Thank you, Ms. Quintana. Any questions from Commissioners for Ms. Quintana? Seeing none, Mr. Paulson, any further? JOEL PAULSON: Thank you, Chair. No, no further hands. CHAIR RASPE: Thank you. I don’t have any yellow cards for anybody in the audience who wants to be heard on this matter, but if there is anybody who wishes to be heard, please, as you would reach the podium, state your name and address for the record, and you would have three minutes to speak. LOS GATOS PLANNING COMMISSION 1/10/2024 Item #3, 212 Thurston Street 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MOSES GUILLARDO: Hi, my name is Moses Guillardo; this is my daughter here. CHAIR RASPE: Sorry, then you would be part of the Applicant’s team, so you’ll have another chance to speak. Again, you’ll have three minutes at the end; you can apportion that between you and the architect. Any other members of the public wish to be heard? Okay, now Applicant, you have up to three minutes to speak in rebuttal to any of the points that the members of the public have stated. You can allot that time any way you wish, between yourselves or your architect on Zoom. If you do speak in person, please attend the podium. You can begin. MOSES GUILLARDO: Hi, my name is Moses Guillardo; this is my daughter Meleah. I’ve lived in Los Gatos since 1978 and I’ve seen the whole area grow. After the 1989 earthquake I’ve seen all the remodeling people did in downtown and stuff like that. At lot of stuff is going through changes right now. We’re a landscape construction company, me and my brother, we have a company, been around for a long time, so I see a lot of change in the neighborhood and stuff like that, and I hear some of the neighbors behind, what they’re asking about the height and the house like that. LOS GATOS PLANNING COMMISSION 1/10/2024 Item #3, 212 Thurston Street 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I said I would bring in big English Laurel between 8’-9’tall, and if I have to I would bring in 14’- 16’ foot camphor trees if they want to be screened for the back. We’re going to build a brand new fence, so there would be privacy down there; we’re not going to be affecting anybody for any views that you are seeing. You’ll still see the mountains in Los Gatos. The only thing I’m trying to say is this house, my daughter works hard and you can barely afford to live in this neighborhood. We looked at just fixing the house up, but it is not fixable, it is a tear down. And the house right next to her, it’s like a chicken coop. It’s sitting on her property, but we would like to make a change and build something nice for Los Gatos. We love Los Gatos. We’ve lived here all our years and I’d like to see Los Gatos grow, but I do see a lot of change in all these neighborhoods, so I’m just asking Commissioners to take a look at everything and see what you guys can do, and I really appreciate you giving us a chance to talk. Thank you. CHAIR RASPE: Thank you, Mr. Guillardo. Before you sit down, there may be questions from the Commissioners for either of you, your daughter, or for the architect on Zoom. Let’s see what the questions are. You also have an LOS GATOS PLANNING COMMISSION 1/10/2024 Item #3, 212 Thurston Street 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 additional one minute and 20 seconds. Does anyone have anything further to say? JOEL PAULSON: The architect has his hand raised. I assume he wants to speak. CHAIR RASPE: If we can go to Zoom, Mr. Paulson. Yes, Mr. Spaulding. CHRIS SPAULDING: I was just raising my hand in case you had a question for me. CHAIR RASPE: Okay, before we go to questions, your team essentially has a little over a minute left to speak if you have any comments before you take questions. CHRIS SPAULDING: I don’t at the moment. CHAIR RASPE: Then please stay on Zoom. I think there will be some questions from Commissioners. Commissioners, any questions? MELEAH GUILLARDO: I just want to say that while I do respect the privacy concerns of my neighbors, I also want to acknowledge I have my own privacy concerns too, being it’s my bedroom window, my bathroom window. I won’t be looking into my neighbors’ yards all day. I want to have my privacy protected as much as possible, which is why we are making these changes as well. Like I said, I do want to be a good neighbor, better the neighborhood, better the community as best as I LOS GATOS PLANNING COMMISSION 1/10/2024 Item #3, 212 Thurston Street 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 can, but I just want to make that clear that my privacy is a concern as well. CHAIR RASPE: Thank you so much. Again, I think we’ve heard from all the members of the Applicant’s team. Commissioners, any question for any members of the Applicant’s team? Commissioner Thomas. VICE CHAIR THOMAS: My question is actually for Mr. Spaulding. Well, both of you, but probably for Mr. Spaulding. The screening that you plan on doing will be evergreen, correct? CHRIS SPAULDING: Yes. VICE CHAIR THOMAS: Okay, thank you. CHAIR RASPE: Thank you. Any other Commissioners? Commissioner Janoff. COMMISSIONER JANOFF: Thank you. For the Applicant. There was a suggestion that we consider adding a Condition of Approval to not finalize your project until the garage is repaired as well. Would you be willing to accept that condition as part of the terms of approval? MELEAH GUILLARDO: I would say yes, I’m just not sure on the planning steps when that is. I mean overall when the house is built, I would like the garage to be built simultaneously in that same time frame. I’m not sure, LOS GATOS PLANNING COMMISSION 1/10/2024 Item #3, 212 Thurston Street 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 just timing, when that needs to be about to happen. I’d probably defer to my architect to address that. COMMISSIONER JANOFF: Thank you. CHRIS SPAULDING: Yes, we’ll accept the Condition of Approval. COMMISSIONER JANOFF: Great, thank you. CHAIR RASPE: Thank you. Any others questions, Commissioners? Commissioner Thomas. VICE CHAIR THOMAS: This is actually a question for Staff regarding that. Is that a legal Condition of Approval, Ms. Whelan, that we could require? ATTORNEY WHELAN: Yes. I’d have to check in with Planning as to whether that was part of the planning application, and if it’s part of the planning application, the Town can impose that condition. If the planning application did not reference the garage, the Town cannot mandate it, but the Applicant can agree to it. VICE CHAIR THOMAS: Okay, so basically it can be a strong suggestion that the Applicant would agree to? JENNIFER ARMER: Or a condition could be added based on the fact that the Applicants have agreed to it. ATTORNEY WHELAN: And once the condition is added, it will be enforceable. VICE CHAIR THOMAS: Okay, thank you. LOS GATOS PLANNING COMMISSION 1/10/2024 Item #3, 212 Thurston Street 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR RASPE: Thank you. Any other questions from Commissioners? Commissioner Mayer. COMMISSIONER MAYER: This is for Mr. Spaulding. Thank you; I appreciate your team responding to the neighbor concerns regarding privacy by raising the sills in the bathroom. I do have a question about the master bedroom, if you had discussed with the client perhaps using one of the walls, primarily the wall with the window that the neighbors are concerned about, as the bed wall and having Clerestory windows there so there is privacy, and then the main windows looking outside or to the side yard. I’m just wondering if that is something you had taken a look at. CHRIS SPAULDING: We did look at that option. Meleah would prefer to look out to the north, mainly because we don’t know what’s going to happen on the property to the east. So yes, we did look at that, but Meleah preferred the way it is currently. COMMISSIONER MAYER: Got it. Thank you. CHAIR RASPE: Any other questions from Commissioners? Vice Chair Thomas. VICE CHAIR THOMAS: Mr. Spaulding, my last question for you is with regard to some of the consulting architect’s suggestions that one of my other Commissioners LOS GATOS PLANNING COMMISSION 1/10/2024 Item #3, 212 Thurston Street 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 brought up before, and that is the stucco and the stone to maintain that more contemporary style, which I understand. That other house that you are citing is in the immediate neighborhood, its stone and the stucco are the same color, so I was wondering what the plan was for this stone and stucco combination? CHRIS SPAULDING: Ours is similar. We do have a color board; it’s in your packet. I don't know if it’s in color in your packet; it should be. It’s page 39. Ours is a similar color scheme; the stone is a little more golden, but otherwise very similar. JENNIFER ARMER: It’s included as Exhibit 4. VICE CHAIR THOMAS: Thank you. I was looking at the adjusted ones at the end and that was black and white. So those colors are the same, but the porch and everything is what ended up changing. Okay, thank you. CHAIR RASPE: Thank you. Any further questions? I actually have one. Mr. Spaulding, I think you’re the best one to answer this. One of the neighbors indicated that they also had a two-story structure, but it was shorter in height than this proposed one, so I’m curious, what is your floor plate height on this building? CHRIS SPAULDING: First of all, that second story is over the garage, so the 8’ garage ceiling is measured LOS GATOS PLANNING COMMISSION 1/10/2024 Item #3, 212 Thurston Street 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 from the grade, whereas our plate is measured from a raised floor that is 2’ off the ground, so that’s 2’ right there, and then we have a 10’ ceiling on the lower floor and 9’ on the top, so that’s the other. And they probably have an 8’ second floor, so we’re about 5’ taller than that building. CHAIR RASPE: As a follow up question then, as part of your planning did you consider—especially with respect to the second floor, the 10’ high ceilings—reducing that floor height? CHRIS SPAULDING: The second floor is 9’. CHAIR RASPE: I’m sorry, 9’. CHRIS SPAULDING: I’ve suggested it. Meleah would like to keep the ceiling heights the way they are, but it’s up to her. CHAIR RASPE: I appreciate that. Thank you. If I can ask the Applicant, you’ve heard my question to your architect, would you be willing to consider reducing the ceiling height as a way to reduce the overall height of it? MELEAH GUILLARDO: I would be open to it. I don’t want to make extreme concessions to that. Maybe like 6” on each level could be my concession, but I’m trying to make the most out of the house, as it is a small lot and it is a pretty small house, so I’m just trying to maximize where I can, but if that is necessary. LOS GATOS PLANNING COMMISSION 1/10/2024 Item #3, 212 Thurston Street 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIR RASPE: I appreciate your response. Commissioners, do you have any further questions? No. Then I will close the public portion of this matter and then open it up to my Commissioners for discussion of questions, comments, or a motion. Commissioners Janoff. COMMISSIONER JANOFF: This is a very small lot, it’s a very challenging lot, it’s sort of long and not very deep, which is also unusual and challenging. The house itself is pretty modest in size, which is consistent with the size of the lot. I think that the plans are reasonable for the area. I can find consistent with the Residential Design Guideline that in terms of the 2-2-5 rule guideline that the contemporary house that you see on the corner of Monterey is in that 2-2-5 immediate neighborhood, and therefore there is context for this house being a contemporary house as well, so I think that we can make that finding. As a result of the choice of the contemporary design the two of six requests from the consulting architect wouldn’t apply, because this is a contemporary style and so the metal roof as well as the window trim would be consistent with the contemporary style, so I can see that to the extent that the architectural style is LOS GATOS PLANNING COMMISSION 1/10/2024 Item #3, 212 Thurston Street 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 contemporary the architect has managed to make the adjustments that the consulting architect has recommended that would apply, so I find that this is a reasonable project for this site. Regarding the 7’ setback, it’s an improvement over the setback you currently have, and as Commissioner Thomas was alluding to in her questions about resiting the house itself back on the lot in order to be able to meet the 15’ setback, it would be a loss of the use of the property in the rear yard, so that doesn’t seem reasonable, and the mass moving backwards would certainly impinge on your neighbor’s privacy. That’s why the 7’ setback seems reasonable, particularly when you’re adding a porch, which is something that’s very consistent within the Town and a good recommendation from Staff, so I can justify the 7’ setback in that regard. I also appreciate that the Applicant has agreed to the privacy hedge, and you’ve heard the neighbor tonight agree that that would go a long way toward preserving the privacy. Lastly, I’m glad that the Applicant brought up her own concerns for privacy. It is always a two-way street, and the privacy that each party desires to cherish is one that we hope to achieve, so I’m glad that you are LOS GATOS PLANNING COMMISSION 1/10/2024 Item #3, 212 Thurston Street 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 also concerned with your privacy and that the measure that you’re taking will afford that as well as your neighbors, so I’m in favor of this application. CHAIR RASPE: Thank you for those comments. Commissioner Hanssen. COMMISSIONER HANSSEN: I pretty much agree with everything that Commissioner Janoff said. I thought long and hard about it. I always look to the consulting architect’s comments, but to be able to provide any reasonable amount of space with this small of a lot, it’s going to be very difficult to move the second story back and all that, and then you might create unintended consequences, so I do think that this size of it is appropriate for this remodeling. We’re improving the setback to a certain extent. I would, pursuant to your Vice Chair’s suggestion, want to consider at least removing some of the things that put it over the top maybe by very slightly lowering the plate height of the second floor by even 6”; that would hopefully bring the house down under the 3” and not be the tallest in the neighborhood. I think whenever we’re pushing things to the very edge, it’s problematic. LOS GATOS PLANNING COMMISSION 1/10/2024 Item #3, 212 Thurston Street 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I do think the things you’ve suggested for privacy will make a lot of sense, and I agree that is a two-way street. Generally I’m in favor of the application, but I would maybe like to see a very slight height reduction; and I would also be in favor of the Condition of Approval for the garage, since we had enough neighbors complaining about it. CHAIR RASPE: Thank you for those comments. Commissioner Janoff. COMMISSIONER JANOFF: The plate height issue is one that we see on every application these days when it’s a residential application; it’s always a 10’ first floor and proposed 9’ second floor. Normally I would not be in favor of those plate heights, particularly when we are looking at designs where the houses are quite large, but when you have a modest sized house like this the plate heights make a huge difference when you’re overall room size is small. I know this from personal experience since my kids live in a 1,000 square foot house, and it doesn’t seem so, because it’s got 10’ height ceilings in the living areas and 9’ in the bedroom; it makes a big difference. When I look at the plans for this, especially on the upper floor, you have a very modest couple of rooms, so LOS GATOS PLANNING COMMISSION 1/10/2024 Item #3, 212 Thurston Street 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 although the Applicant graciously would accept a lower plate height I wouldn’t recommend lowering it any more than 6”, because those inches really do make a big difference on a small scale. CHAIR RASPE: Thank you. Vice Chair Thomas. VICE CHAIR THOMAS: I would like to echo Commissioner Janoff’s comments. I would not be in favor of reducing the plate height, again, because I do think that what is being requested has become more of the standard, and I think that it is a very modest and well designed house that would fit into the neighborhood and take into account the privacy issues of the neighborhood. I’m also speaking as someone who has a neighbor that has rooms that look in, trees and screening and window coverings, these are all things because they don’t want me looking out at them in their bedroom window either, so I appreciate that the Applicant pointed that out. I don’t think that 6” is going to make a huge difference with regard to privacy or to the bulk and mass from the street, so I would not be in favor of changing that, unless my fellow commissioners feel very passionate about it. Overall I do agree that it does comply with our Residential Design Guidelines and I think that it would really improve the neighborhood, and so I’m happy to LOS GATOS PLANNING COMMISSION 1/10/2024 Item #3, 212 Thurston Street 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 support the application as is, with making sure that those screen trees are included. CHAIR RASPE: Thank you for those comments. Any further comments, Commissioners? Commissioner Mayer. COMMISSIONER MAYER: I’m pretty much in agreement with what the other Commissioners have said so far. I somewhat disagree with the consulting architect’s comments. Even though the material palette for the exterior is contemporary, I think it’s tastefully done, but you have sort of more traditional window proportions and the roof gable forms that kind of tie it back to the historic nature of the neighborhood. We have to remember too that this particular block is sort of a transition zone between the commercial area of Santa Cruz Avenue and the more residential area going up Thurston Street, so I think this design is appropriate for that zone. I don’t take asking for setback exceptions lightly, but in this case this is a very special circumstance, it’s a nonconforming lot that is smaller than a typical lot in this zoning district, and the way that the house meets the street is really nice, the addition of the front porch, and I especially love the fact that you are LOS GATOS PLANNING COMMISSION 1/10/2024 Item #3, 212 Thurston Street 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 planning to keep the garage and rehabilitate it and refresh it so it doesn’t look like it’s falling apart. One of the disappointments I see with a lot of new construction houses, not just in Los Gatos but in other Bay Area cities, is having a gargantuan garage like right on the street side. I really miss the days of garages in the rear, so I’m happy that that’s the proposal here. I’m probably inclined to support this. The only comment I would make is—this is for the architect—in the future for these kinds of applications I’d like to see more 3-D visualization. I’d like to see maybe a 3-D view of the street, like a rendering of the proposal in the context of the neighborhood. I know we have the elevations and the diagrams and the story poles, but I would like to see more 3-D visualization. CHAIR RASPE: Thank you for those comments. Any other comments, Commissioners? Commissioner Hanssen. COMMISSIONER HANSSEN: I just wanted to follow up based on Commissioner Janoff’s response to my comments. I don’t feel incredibly strongly about reducing the height. I always prefer to have less exceptions than more, but I do think that this is a small enough house, we’re looking at above ground 1,600 square feet, it’s not a very big house at all, and I can imagine that the extra few inches would LOS GATOS PLANNING COMMISSION 1/10/2024 Item #3, 212 Thurston Street 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 make a big difference in terms of comfort of living, so I could let go of that. I still feel that we have to be committed to make sure that the garage is fine. I also agree with Commissioner Mayer’s comments about having the garage in the back. It is in our Residential Design Guidelines not to have a big, massive garage in front, but we see it a lot. CHAIR RASPE: Thank you for those comments. Any further comments? I will just make one to note that the only ask in this application really was the setback. I made comments about floor plates earlier and I appreciate Commissioner Janoff’s comments, but the house is within our Town limits and guidelines for height as well as FAR, and I think this helps this application, so I would be supportive of it in its configuration with the added provisos regarding the garage being simultaneously constructed. Commissioner Burnett. COMMISSIONER BURNETT: Thank you. I will not be able to support this project. I think it is a nice design. I tend to agree with our Town Architect on his six recommendations, only of which two were followed. This is a neighborhood that is still pretty much intact and I think there is a lot of value in keeping a traditional LOS GATOS PLANNING COMMISSION 1/10/2024 Item #3, 212 Thurston Street 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 architectural designed neighborhood, and I feel some changes could have been made of recommendations from our architect that I could have gone along with the project, but because I don’t feel it’s following our design guidelines and I’d like to look further, because it’s not in my book about modern design in the neighborhood, so that would be my feeling. Thank you. CHAIR RASPE: Thank you for those comments. Commissioner Janoff. COMMISSIONER JANOFF: I’m prepared to make a motion. CHAIR RASPE: Thank you. Before the motion, Commissioner Thomas I think had her hand raised. VICE CHAIR THOMAS: I just wanted to add that I think that we should definitely add the garage situation. CHAIR RASPE: Thank you. If we’re ready then, Commissioner Janoff, I’d like to receive your motion, please. COMMISSIONER JANOFF: All right, thank you. I move to approve 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. This is Architecture and Site Application S-23-009, and the address is 212 Thurston Street. LOS GATOS PLANNING COMMISSION 1/10/2024 Item #3, 212 Thurston Street 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 This project is categorically exempt from the California Environmental Quality Act Guidelines, Section 15303(a), New Construction or Conversion of Small Structures. Property owner/Applicant, Meleah Guillardo. Project Planner, Maria Chavarin. I can make the required findings for CEQA. I can make the required finding for the demolition of existing structures, make the required compliance with zoning regulations, make the required finding for nonconforming lots, and I can make the required findings that this project is in compliance with the Residential Design Guidelines and this is in consideration of an Architecture and Site Application, and these findings are in Exhibit 2. We’re also including the Condition of Approval in Exhibit 3 with the addition that we are asking the Applicant to repair the garage in sequence with the build of the house so that the final approval will include the repaired garage as well. CHAIR RASPE: Thank you for that motion. Commissioners, do I have a second? Commissioner Hanssen. COMMISSIONER HANSSEN: I second the motion. JENNIFER ARMER: Through the Chair, just a clarification that whether the motion was also intended to include the modifications for privacy shown in Exhibit 11 LOS GATOS PLANNING COMMISSION 1/10/2024 Item #3, 212 Thurston Street 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 for the hedge, and the modifications to windows? There was discussion of that by the Planning Commission. COMMISSIONER JANOFF: Yes, the motion would include the privacy screening as well as the window change in Exhibit 11. Thank you. COMMISSIONER HANSSEN: And I concur with the second. CHAIR RASPE: Thank you. With the so modified motion, show by a raise of hands all those in favor of the motion. And all those opposed. CHAIR RASPE: The motion carries 5-1. Thank you so much. (END) TOWN OF LOS GATOS COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION (408)354-6872 Fax (408) 354-7593 January 17, 2024 Meleah Guillardo 15995 Lancaster Rd. Monte Sereno, CA 95030 Via Email RE: 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. PROPERTY OWNER/APPLICANT: Meleah Guillardo PROJECT PLANNER: Maria Chavarin At its meeting of January 10, 2024, the Town of Los Gatos Planning Commission approved the above referenced application subject to the attached draft conditions of approval. The attached conditions of approval will not be final until the Planning Commission has approved the January 10, 2024 meeting minutes at their next meeting, confirming any additional or modified conditions of approval for the project in the underlined font. You will be notified in writing once the Planning Commission has approved the minutes. PLEASE NOTE: Pursuant to Section 29.20.275 of the Town Code, this approval may be appealed to the Town Council within 10 days of the date the approval is granted. Therefore, this action for approval should not be considered final, and no permits by the Town will be issued until the appeal period has passed. If you have any questions, I can be contacted by mchavarin@losgatosca.gov. Sincerely, Maria Chavarin Assistant Planner Cc: Chris Spaulding N:\DEV\PC\PC ACTION Letters\2024\01-10-24 [212 Thurston St. - Item #3; approved].docx CIVIC CENTER 110 E. MAIN STREET LOS GATOS, CA 95030 ATTACHMENT 4 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. SCREENING: Plant a row of evergreen shrubs along the rear (north) and side (east) of the lot to form a hedge and serve as screening from the east wall of the garage to the eastern most corner of the proposed house, as shown in Exhibit 11 to the January 10, 2024 Planning Commission Staff Report. 5. GARAGE: Repair the detached garage concurrently with the construction of the residence prior to certificate of occupancy for the house. 6. WINDOWS: Bathroom windows that are located on the second floor facing the rear of the lot shall be raised five (5) feet above the floor and use an obscure glass, as shown in Exhibit 11 to the January 10, 2024 Planning Commission Staff Report. 7. 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. 8. 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. 9. 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. 10. TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties. 11. FRONT YARD LANDSCAPE: Prior to issuance of a Certificate of Occupancy the front yard must be landscaped. 12. 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. 13. 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 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. 14. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the building plans detailing how the Conditions of Approval will be addressed. Building Division 15. 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. 16. 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. 17. 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. 18. SIZE OF PLANS: Minimum size 24” x 36”, maximum size 30” x 42”. 19. 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. 20. 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. 21. 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. 22. 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 23. 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. 24. 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. A door buzzer, bell or chime shall be hard wired at primary entrance. 25. 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. 26. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof assemblies. 27. 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. 28. 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. 29. 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 30. 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. 31. 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. 32. 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. 33. PRIOR APPROVALS: All conditions per prior approvals shall be deemed in full force and affect for this approval. 34. 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. 35. 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. 36. 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. 37. 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. 38. 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. 39. 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. 40. 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. 41. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job site at all times during construction. 42. 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. 43. 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. 44. 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. 45. 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. 46. 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. 47. 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. 48. 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. 49. 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. 50. 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. 51. 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. 52. 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. 53. 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. 54. 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. 55. 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. 56. 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. 57. 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. 58. 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. 59. 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. 60. 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. 61. 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. 62. 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. 63. 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. 64. FENCING: Any fencing proposed within two hundred (200) feet of an intersection shall comply with Town Code Section §23.10.080. 65. 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. 66. 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. 67. 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. 68. 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. 69. 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. 70. 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. 71. 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. 72. 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. 73. 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. 74. 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. 75. 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. 76. 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. 77. 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. 78. 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. 79. 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. 80. 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. 81. 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. 82. PERMIT ISSUANCE: Permits for each phase; reclamation, landscape, and grading, shall be issued simultaneously. 83. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 84. 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. 85. 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] 86. 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. 87. 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. 88. 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. ATTACHMENT 5 This Page Intentionally Left Blank Christopher Spaulding, Architect 801 Camelia Street, Suite E Berkeley, CA 94710 Voice 510-527-5997 chris@csarchitect.net 2-20-24 212 Thurston Street Response to Planning Commission Appeal Dear Council Members, The adjacent neighbor has appealed the Planning Commission approval of Meleah Gullardo’s proposed new home at 212 Thurston Street. In the appeal, he states that there was an error or abuse of discretion by the Planning Commission for the “Setback, condition of approval for existing garage to remain” and that the Planning Commission’s decision is not supported by substantial evidence in the record as “Setbacks do not conform to R1-D minimum setback requirements”. For the first part, this neighbor has demanded that the existing detached garage be removed since he first learned of the Ms Guillardo’s plans to build a new home. Attached is the first letter he sent to the Town complaining about the garage. However, the garage is a legal, non-conforming structure that Ms Guillardo would like to keep and to repair. There is no law or ordinance that requires that this garage be demolished, and the garage was not even part of what was before the Commission. Nevertheless, the Commission addressed the condition of the garage, and at Ms Guillardo’s assent, added the condition of approval that the garage is to be repaired in conjunction with the construction of the house. For the 2nd part, the Planning Commission spent considerable amount of time during the hearing discussing, taking testimony and asking questions of the neighbors about the proposed reduced front setback of the main house. This is all recorded in the video record of the hearing. Since the property is a substandard lot, the Town Code allows for the reduction of setbacks, per the Commission’s discretion. The Commission fully took into account the context of the site, the setbacks of the surrounding structures, the effect on the rear neighbors ATTACHMENT 6 (were the house to be moved back), and the images of the story poles when viewed from up and down the street. In conclusion, the Commission did not err or abuse its discretion when it added a condition of approval that the detached garage be repaired concurrently with the construction of the main house. It would have been abuse to force the rebuilding and relocation of the existing garage against the owner’s wishes. Secondly, there is ample evidence in the record that the Commission properly considered the proposed reduced front setback for this home, and that their decision was not made in haste, under subterfuge, or duress. 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 single-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 This Page Intentionally Left Blank DRAFT RESOLUTION 2024-___ RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION APPROVING A REQUEST FOR DEMOLITION OF AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE WITH REDUCED SETBACKS ON A NON-CONFORMING PROPERTY ZONED R-1D. APN 410-15-039 ARCHITECTURE AND SITE APPLICATION: S-23-009 PROPERTY LOCATION: 212 THURSTION STREET APPELLANT: ERIC RAFIA PROPERTY OWNER/APPLICANT: MELEAH GUILLARDO WHEREAS, on December 13, 2024, the Architecture and Site application was scheduled as an “other business” item for the Planning Commission meeting to open a public hearing and allow for public comment on the matter. The Planning Commission continued the Architecture and Site application to the Planning Commission meeting of January 10, 2024 for consideration; WHEREAS, on January 10, 2024, the Planning Commission held a public hearing and considered a request for demolition of an existing single-family residence and construction of a new single-family residence with reduced front yard setbacks on nonconforming property zoned R-1D. The Planning Commission approved the Architecture and Site application subject to conditions of approval; WHEREAS, on January 22, 2024, the appellant, an interested person, filed a timely appeal of the decision of the Planning Commission approving the request for demolition of an existing single-family residence and construction of a new single-family residence with reduced front yard setbacks on nonconforming property zoned R-1D; WHEREAS, this matter came before the Town Council for public hearing on March 5, 2024, and was regularly noticed in conformance with State and Town law; and WHEREAS, the Town Council received testimony and documentary evidence from the appellant and all interested persons who wished to testify or submit documents. The Town Council considered all testimony and materials submitted, including the record of the Planning Draft Resolution to be modified by Town Council deliberations and direction. ATTACHMENT 7 Commission proceedings and the packet of materials contained in the Council Agenda Report for their meeting on March 5, 2024, along with any and all subsequent reports and materials prepared concerning this application; and WHEREAS, the Town Council was unable to make the findings required to grant an appeal of a decision of the Planning Commission. NOW, THEREFORE, BE IT RESOLVED: In accordance with Town Code section 29.20.275, with the Town Council finds that: 1. There was not an error or abuse of discretion by the Planning Commission in approving the architecture and site application, because: a. The application comports with all Zoning Code requirements with the exception of the front yard setback; and b. Section 29.10.265 of the Town Code allows for the modification of any requirement of the zone on nonconforming property, including setbacks, when found to be compatible with the neighborhood. The Planning Commission found that the proposed front yard setback was compatible with the neighborhood in that other homes in the neighborhood have similar front yard setbacks. In addition, the Planning Commission found that the proposed setback will increase the front yard setback from the existing three feet, six inches to seven feet, three inches. 2. The Planning Commission decision is supported by substantial evidence in the record. 3. The appeal of the decision of the Planning Commission approving a request for demolition of an existing single-family residence and construction of a new single-family residence with reduced front yard setbacks on nonconforming property zoned R-1D is denied and the application approval is upheld. 4. The decision constitutes a final administrative decision pursuant to Code of Civil Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los Gatos. Any application for judicial relief from this decision must be sought within the time limits and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such shorter time as required by state and federal Law. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 5th day of March 2024, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: ___________________ ATTEST: TOWN CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: ___________________ This Page Intentionally Left Blank