Item 4 - Staff Report.16336 Shady View Ln
PREPARED BY: Ryan Safty
Associate Planner
Reviewed by: Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 10/09/2019 ITEM NO: 4
DATE: October 3, 2019
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Architecture and Site Application S-18-060. Project Location: 16336 Shady
View Lane. Appellant: Matt and Carrie Currie. Applicant: De Mattei
Construction. Property Owner: Allan and Katty Coulson.
Consider an appeal of a Development Review Committee Decision approving
a request for demolition of a single-family residence and construction of a
new single-family residence on property zoned R-1:8. APN 532-03-034.
RECOMMENDATION:
Deny the appeal and uphold the decision of the Development Review Committee to approve
the application, subject to the recommended conditions of approval.
PROJECT DATA:
General Plan Designation: Low Density Residential
Zoning Designation: Single-Family Residential, R-1:8
Applicable Plans & Standards: General Plan; Residential Design Guidelines
Parcel Size: 8,610 square feet
Surrounding Area:
Existing Land Use General Plan Land Use Designation Zoning
North Park Open Space R-1:8
South Residential Low Density Residential R-1:8
East Residential Low Density Residential R-1:8
West Residential Low Density Residential R-1:8
PAGE 2 OF 12 SUBJECT: 16336 Shady View Lane/S-18-060 DATE: October 3, 2019
CEQA:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act, Section 15303: New Construction or Conversion of
Small Structures.
FINDINGS:
As required, pursuant to the adopted Guidelines for the Implementation of the California
Environmental Quality Act, this project is Categorically Exempt, Section 15303: New
Construction or Conversion of Small Structures.
As required by Section 29.10.09030(e) of the Town Code for the demolition of existing
structures.
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 south-eastern corner of Shannon Road and Shady View
Lane (Exhibit 1). The lot is approximately 8,610 square feet with an existing 1,056-square foot
single-story residence. The immediate neighborhood contains a mix of one- and two-story
residences.
On December 17, 2018, an Architecture and Site application was submitted for the subject site.
The applicant proposes to demolish the existing residence and construct a new 2,699-square
foot two-story residence with a 423-square foot attached garage fronting on Shannon Road
(Exhibit 18).
The proposed project meets all technical requirements of the Town Code including parking,
setbacks, height, floor area, and building coverage.
On August 13, 2019, the Development Review Committee approved the proposed project
(Exhibit 13). The application is being reviewed by the Planning Commission because the
decision of the Development Review Committee has been appealed (Exhibit 14).
PAGE 3 OF 12 SUBJECT: 16336 Shady View Lane/S-18-060 DATE: October 3, 2019
PROJECT DESCRIPTION:
A. Architecture and Site Application
Architecture and Site approval is required to construct a new single-family residence. The
story poles, netting, and project identification sign have been in place since July 2, 2019 to
aid in the review of the project.
B. Location and Surrounding Neighborhood
The subject property is located at the corner of Shannon Road and Shady View Lane, across
Shannon Road from Blossom Hill Park (Exhibit 1). The surrounding properties are mostly
one-and two-story single-family residences, with a mix of architectural styles.
C. Zoning Compliance
The property is zoned R-1:8, which permits a single-family residence. The proposed
residence is in compliance with parking, setbacks, height, floor area, and building coverage
requirements.
DISCUSSION:
A. Architecture and Site Application
The applicant is proposing to demolish the existing 1,056-square foot single-story residence
and construct a new 2,699-square foot two-story single-family residence with 1,425 square
feet of floor area on the first floor, 1,274 square feet of floor area on the second floor, and a
423-square foot attached garage. The proposal also includes a covered first-floor porch on
the rear elevation and covered second-floor balconies on the front and rear elevations
which do not count towards floor area maximums.
The existing site has two driveways: one fronting on Shannon Road and one fronting on
Shady View Lane. The applicant proposes to maintain the existing driveway fronting on
Shannon Road in its current location and remove the driveway fronting on Shady View Lane.
The development plans show a future accessory dwelling unit proposed at the rear of the
residence (Exhibit 18). The accessory dwelling unit is not a part of the Architecture and Site
approval and would require a future submittal for a separate ministerial permit for approval
by the Community Development Director. A new accessory dwelling unit on the property
would be subject to the requirements contained in Section 29.10.320 of the Town Code.
Project information, including the proposed square footage of the home, is not inclusive of
a future accessory dwelling unit.
PAGE 4 OF 12 SUBJECT: 16336 Shady View Lane/S-18-060 DATE: October 3, 2019
DISCUSSION (continued):
The applicant’s project description is attached as Exhibit 5. The project data sheet is
attached as Exhibit 4 and includes additional information regarding the proposed project.
B. Building Design
The Town’s Consulting Architect reviewed the design of the proposed project within the
neighborhood context to provide recommendations regarding the building design (Exhibits
7 and 8). The site is in a neighborhood of many newer one- and two-story homes
constructed within the fabric of largely one-story homes. In the Issues and Concerns
background section of the report, the Consulting Architect noted that the home was well
designed in a Spanish Revival Style, and that the main issue was the tall blank wall at the
corner of Shady View Lane and Shannon Road. In the Recommendations section of the
report, the Consulting Architect made the following recommendation(s) to address
consistency with the Residential Design Guidelines:
1. Enhance the architectural details which would serve to mitigate the situation and divert
attention away from the tall walls. These details could include the following:
• Additional windows at the corner on both the north and west facades
• Decorative wood corbels at eave lines
• Trim molding on all sides of the house at the second-floor line
• Deep set garage doors and all windows on all facades
• Projecting stucco base on all sides of the house
• Add a decorative carriage light consistent with the architectural style at the entry
• Make the second-floor columns on the north balcony square
The applicant revised the project to incorporate the Consulting Architect’s
recommendations by enhancing most of these details, and adding stacked stone at the
corner tower feature, prior to Development Review Committee approval.
C. Neighborhood Compatibility
The immediate neighborhood is made up of one- and two-story single-family residences,
including a mix of architectural styles. Based on Town and County records, the residences in
the immediate area range in size from 1,285 square feet to 3,957 square feet. The floor
area ratios range from 0.06 to 0.49. The proposed residence would be 2,699 square feet
with a floor area ratio of 0.31. Pursuant to Town Code, the maximum allowable square
footage for the 8,610-square foot lot is 2,765 square feet with a maximum floor area ratio
of 0.32. The table below reflects the current conditions of the immediate neighborhood:
PAGE 5 OF 12 SUBJECT: 16336 Shady View Lane/S-18-060 DATE: October 3, 2019
DISCUSSION (continued):
The proposed residence would not be the largest home in the immediate neighborhood in
terms of square footage or FAR.
The applicant reached out to surrounding neighbors during the review process (Exhibit 10).
The adjacent neighbors to the east (16330 Shannon Road) have raised concerns regarding
massing, neighborhood compatibility, and privacy during the review process (Exhibit 11). In
response to the neighbors’ privacy concerns, the applicant made the following plan
revisions: raised the master bedroom windows so that sill heights are above eye level,
obscured the window in the master bathroom, added privacy trees between the properties,
reduced the size of the second-story balcony on the rear elevation, and added a screening
wall on the east side of the balcony.
D. Tree Impacts
The Town’s Consulting Arborist prepared a report for the site and recommendations for the
project (Exhibit 9). The project site contains five protected trees, two of which are
considered large protected trees. The applicant is proposing to remove two of the existing
cypress trees located near the proposed footprint, neither of which is a large protected
tree.
If the project is approved, tree protection measures would be implemented prior to and
during construction. Replacement trees would also be required to be planted pursuant to
Town Code.
PAGE 6 OF 12 SUBJECT: 16336 Shady View Lane/S-18-060 DATE: October 3, 2019
DISCUSSION (continued):
E. Development Review Committee
The Development Review Committee held a public hearing for the Architecture and Site
application on August 13, 2019. Written public hearing notices were sent to surrounding
property owners and occupants within 300 feet of the subject property.
The following neighbors were in attendance and spoke on the item:
• Matt and Carrie Currie – 16330 Shannon Road
• Bob Boschert – 16310 Shannon Road
Mr. Boschert did not have any concerns and attended because he received notice of the
hearing. The Curries raised concerns regarding privacy impacts associated with the second-
floor balcony, the second-floor massing along the side elevation facing their property, and
the safety of the driveway on Shannon Road (Exhibit 13).
The applicant provided an updated landscape plan which incorporated additional screening
trees as a standard measure to address the neighbors’ privacy concerns (Exhibit 12). The
Development Review Committee found that the application was complete and in
compliance with the Town Code and Residential Design Guidelines. Based on these findings
and determinations, the Development Review Committee approved the proposed project,
subject to the recommended conditions of approval.
F. Appeal
On August 22, 2019, the decision of the Development Review Committee was appealed to
the Planning Commission by the adjacent neighbor, Matt Currie (Exhibit 14). The applicant
submitted a written response to the appeal, included as Exhibit 15.
The specific reasons for the appeal are summarized below, followed by analysis in italic
font.
The Application violates Section 1.4 (Community Expectations) of the Town’s
Residential Design Guidelines. Among other things, this section requires that “homes
will be designed with respect for the views, privacy and solar access of their
neighbors.”
The Application violates Section 2.5.2 (Design with Sensitivity to Adjacent Neighbors)
of the Town’s Residential Design Guidelines. Among other things, this section
provides that “new homes should be planned with awareness of the impacts which
they will have on the views, sky exposure, sun access and privacy of neighbors.”
PAGE 7 OF 12 SUBJECT: 16336 Shady View Lane/S-18-060 DATE: October 3, 2019
DISCUSSION (continued):
The Application violates Section 3.3.2 (Height and Bulk at Front and Side setbacks).
Among other things, this section directs applicants to “give special attention to
adopting to the height and massing of adjacent homes.”
The Application violates Section 3.11.1 (Minimize shadow impacts on adjacent
properties) of the Town’s Residential Design Guidelines. Among other things, this
section directs applicants to “locate structures to minimize blocking sun access to
living spaces and actively used outdoor areas on adjacent homes.”
The Application violates Section 3.11.2 of the Residential Design Guidelines. Among
other things, this section provides that “Second-floor balconies and decks should be
used only when they do not intrude on the privacy of adjacent neighbors”; and “when
windows are needed and desired in side building walls, they should be modest in
size.”
A shadow-study was submitted for the proposed project, showing that no new
shadows from the proposed building will be cast on the neighboring property (Exhibit
18).
In response to the neighbors’ privacy concerns, the applicant made the following plan
revisions: raised the master bedroom windows so that sill heights are above eye level,
obscured the window in the master bathroom, added privacy trees between the
properties, reduced the size of the second-story balcony on the rear elevation, and
added a screening wall on the east side of the balcony. The applicant also provided an
updated landscape plan which incorporated additional screening trees as a standard
measure to address the neighbors’ privacy concerns (Exhibit 12).
The Application violates General Plan goal CD-1, which among other things, includes
the following policies: (CD-1.1) “building elements shall be in proportion with those
traditionally in the neighborhood.”; (CD-1.2) “new structures, remodels, landscapes…
shall be designed to harmonize and blend with the scale and rhythm of the
neighborhood and natural features in the area.”; and (CD-1.5) “town staff shall
evaluate projects to assess how built characteristics, including scale, materials… and
landscape, blend into the surrounding neighborhood.”
The Application violates General Plan goal CD-2, which is intended to “limit the
intensity of new development to a level that is consistent with surrounding
development and with the Town at large.”
PAGE 8 OF 12 SUBJECT: 16336 Shady View Lane/S-18-060 DATE: October 3, 2019
DISCUSSION (continued):
The Application violates General Plan Goal CD-6, which includes the following relevant
policies: (CD-6.1) “reduce the visual impact of new construction and/or remodels on
the Town and its neighborhoods”; (CD-6.2) “balance the size and number of units to
achieve appropriate intensity”; (CD-6.3) “encourage basements and cellars to provide
‘hidden’ square footage in lieu of visible mass”; and (CD-6.4) “new homes shall be
sited to maximize privacy, livability… and adequate solar access and wind conditions.”
The Town’s Consulting Architect reviewed the design of the proposed project within the
neighborhood context to provide recommendations regarding the building design
(Exhibits 7 and 8). The site is in a neighborhood of many newer one- and two-story
homes constructed within the fabric of largely one-story homes. The applicant revised
the project to incorporate the Consulting Architect’s recommendations by enhancing
details and adding stacked stone at the corner tower feature, prior to Development
Review Committee approval.
The proposed residence would not be the largest home in the immediate neighborhood
in terms of square footage or FAR. In terms of floor area, the proposed residence
would be the fifth largest in the immediate neighborhood. In terms of house FAR, the
proposed residence would have the fourth largest FAR. In terms of number of stories,
the proposed residence would be the fifth two-story residence in the immediate
neighborhood.
The Shady View Project failed to comply with the Town’s Height Pole and Netting
Policy for New Construction. Specifically, Section III (e) of that policy requires project
identification signs to be posted that identify the square footage of new construction,
as well as provide color perspective and three dimensional or photographic
simulations of the new construction.
Story poles, and project sign including the hearing date, contact information, project
description, and front elevation, were installed on the site; and the written notice of
the Development Review Committee public hearing was sent to neighboring property
owners and occupants. Following the appeal, written notice of the Planning
Commission hearing was sent to neighboring property owners and occupants, the story
poles have remained in place, and the project sign has been updated to reflect the
appeal hearing before Planning Commission.
PAGE 9 OF 12 SUBJECT: 16336 Shady View Lane/S-18-060 DATE: October 3, 2019
DISCUSSION (continued):
Finally, the Curries are concerned because it appears that the Town applied a different
standard when approving the Shady View Project than was applied to the Curries’ and
other neighbors when they undertook prior construction and remodeling projects.
For example, the Curries undertook extensive efforts when remodeling their residence
to protect neighbor’s privacy, including enhanced second-floor setbacks, heightened
and obscured second-level windows, and minimization of size and massing of the
Curries’ second-floor. These design elements were incorporated to conform with the
Town’s residential and community design guidelines, and to preserve neighbors’
privacy while minimizing other detrimental impacts.
The Town’s Consulting Architect reviewed the design of the proposed project within the
neighborhood context to provide recommendations regarding the building design
(Exhibits 7 and 8). The site is in a neighborhood of many newer one- and two-story
homes constructed within the fabric of largely one-story homes.
At the time 16330 Shannon Road application was processed, there were no
immediately adjacent two-story homes. The Residential Design Guidelines contain
increased standards and guidelines for new two-story homes adjacent to single-story
homes. The proposed 16336 Shady View Lane residence would be the fifth two-story
residence in the immediate neighborhood, the residence would be immediately
adjacent to a two-story home to the east at 16330 Shannon Road, and the second-
story wall would be setback approximately 60 feet from the single-story neighbor to
the south at 16356 Shady View Lane.
Following the appeal, the applicant proposed alternative design options in an additional
effort to address the appellant’s concerns, and related correspondence is included as
Exhibit 16. The applicant proposed enclosing the balcony and reducing the first-floor area
to comply with floor area limitations. Additionally, the applicant proposed moving the
building four and one-half feet closer to Shady View Lane, thus increasing the separation of
the two residences from 16 feet to 20 and one-half feet. This four and one-half-foot
setback encroachment would be compatible with the building setbacks of the property
directly across Shady View Lane (16337 Shady View Lane). Since the subject property is
nonconforming as to the lot frontage requirements of the R-1:8 zone (66 feet when 80 feet
are required), building setback requirements may be modified through Architecture and
Site approval so that the building and its use would be compatible with the neighborhood
(Town Code Section 29.10.265).
PAGE 10 OF 12 SUBJECT: 16336 Shady View Lane/S-18-060 DATE: October 3, 2019
DISCUSSION (continued):
The applicant submitted revised development plans on October 4, 2019 (Exhibit 17) which
incorporate the alternative design options outlined in Exhibit 16. At the time of publication
of this report, no agreement between the applicant and appellant has been reached.
However, if the Planning Commission finds this additional setback modification and balcony
enclosure desirable, a condition of approval may be added for the project plans to be
modified at time of building permit submittal to reflect the plan modifications shown in
Exhibit 17. Public Works has reviewed the proposed building location modification and, if
approved, will require that a condition of approval be added to ensure that the existing
driveway approach on Shannon Road not be moved any closer to the intersection at
Shannon Road and Shady View Lane.
G. Environmental Review
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of California Environmental Quality Act, Section 15303: New Construction
or Conversion of Small Structures.
PUBLIC COMMENTS:
The applicant previously met with the surrounding neighbors and a summary of that
correspondence is included as Exhibit 10. The applicant and appellant have also exchanged
communications, included as Exhibit 11.
Story poles, and project sign including the hearing date, contact information, project
description, and front elevation, were installed on the site; and the written notice of the
Development Review Committee public hearing was sent to neighboring property owners and
occupants. Following the appeal, written notice of the Planning Commission hearing was sent
to neighboring property owners and occupants, the story poles have remained in place, and the
project sign has been updated to reflect the appeal hearing before Planning Commission.
Correspondence between the applicant and appellant following the filing of the appeal are
included as Exhibit 16. Additional public comments received regarding the project are included
as Exhibit 19.
CONCLUSION:
A. Conclusion
The proposed project is in compliance with the Residential Design Guidelines and Town
Code. The applicant has made modifications to their proposal in an effort to address the
privacy concerns of the adjacent neighbors.
PAGE 11 OF 12 SUBJECT: 16336 Shady View Lane/S-18-060 DATE: October 3, 2019
CONCLUSION (continued):
B. Recommendation
Staff recommends that the Planning Commission take the following actions to deny the
appeal, uphold the decision of the Development Review Committee, and approve the
Architecture and Site application:
1. Find that the proposed project is categorically exempt pursuant to the adopted
Guidelines for the implementation of the California Environmental Quality Act, Section
15303: New Construction or Conversion of Small Structures (Exhibit 2);
2. Make the required findings as required by Section 29.10.09030(e) of the Town Code for
the demolition of a single-family residence (Exhibit 2);
3. Make the finding required by the Town’s Residential Design Guidelines that the project
complies with the Residential Design Guidelines (Exhibit 2);
4. Make the required considerations as required by Section 29.20.150 of the Town Code
for granting approval of an Architecture and Site application (Exhibit 2); and
5. Approve Architecture and Site Application S-18-051 with the conditions contained in
Exhibit 3 and development plans attached as Exhibit 18.
C. Alternatives
Alternatively, the Commission can:
1. Continue the matter to a date certain with specific direction;
2. Deny the appeal and approve the application with additional and/or modified
conditions;
3. Grant the appeal and remand the application to the Development Review Committee
with direction for revisions; or
4. Grant the appeal and deny the Architecture and Site application.
EXHIBITS:
1. Location map
2. Required Findings and Considerations (two pages)
3. Recommended Conditions of Approval (12 pages)
4. Project data sheet (two pages)
5. Project Description and Letter of Justification dated November 21, 2018 (one page)
6. Color and materials sample received September 5, 2019 (one page)
7. Consulting Architect’s Report dated February 8, 2019 (five pages)
8. Update to Consulting Architect’s Report received September 26, 2019 (one page)
9. Consulting Arborist’s Report dated January 31, 2019 (39 pages)
PAGE 12 OF 12 SUBJECT: 16336 Shady View Lane/S-18-060 DATE: October 3, 2019
EXHIBITS (continued):
10. Summary of neighborhood outreach received June 14, 2019 and September 10, 2019 (three
pages)
11. Correspondence between applicant and appellant prior to August 13, 2019 Development
Review Committee meeting (20 pages)
12. Landscape Plan Modifications received August 13, 2019 (one page)
13. August 13, 2019 Development Review Committee meeting minutes (three pages)
14. Appeal of Development Review Committee received August 22, 2019 (15 pages)
15. Applicant’s response letter to appeal received September 10, 2019 (one page)
16. Correspondence between applicant and appellant following appeal (17 pages)
17. Revised development plans incorporating alternative design options received October 4,
2019 (22 sheets)
18. Development plans approved by Development Review Committee on August 13, 2019
(20 sheets)
19. Public comment received by 11:00 a.m., Friday, October 4, 2019