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