Staff Report.45 Reservoir Road
PREPARED BY: Sean Mullin, AICP
Planning Manager
Reviewed by: 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: 01/08/2025
ITEM NO: 7
DATE: January 3, 2025
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider a Request for Approval to Construct a New Single-Family Residence
with Reduced Side and Rear Yard Setbacks, Site Improvements Requiring a
Grading Permit, and Removal of Large Protected Trees on a Nonconforming
Vacant Property Zoned R-1:20. Located at 45 Reservoir Road. APN 529-33-
054. Architecture and Site Application S-22-048. Categorically Exempt
Pursuant to CEQA Guidelines Section 15303: New Construction. Property
Owner: Farnaz Agahian. Applicant: Gary Kohlsaat, Architect. Project Planner:
Sean Mullin.
RECOMMENDATION:
Consider a request for approval to construct a new single-family residence with reduced side
and rear yard setbacks, site improvements requiring a Grading Permit, and removal of large
protected trees on property zoned R-1:20, located at 45 Reservoir Road.
PROJECT DATA:
General Plan Designation: Low Density Residential
Zoning Designation: R-1:20, Single-Family Residential 20,000 square feet minimum
Applicable Plans & Standards: General Plan; Residential Design Guidelines; Hillside
Development Standards and Guidelines; Hillside Specific Plan
Parcel Size: 10,000 square feet (0.23 acres)
Surrounding Area:
Existing Land Use General Plan Zoning
North Residential Medium Density Residential R-1D
South Residential Low Density Residential R-1:20
East Residential Low Density Residential R-1:10
West Residential Low Density Residential R-1:20
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SUBJECT: 45 Reservoir Road/S-22-048
DATE: January 3, 2025
CEQA:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act, Section 15303: New Construction.
FINDINGS:
▪ As required, the project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15303: New
Construction.
▪ As required by Section 29.10.265 of the Town Code for modification of zoning rules on
nonconforming lots to allow exceptions to side and rear setbacks, driveway/access road
width, and driveway depth on a nonconforming property.
▪ As required by Section 29.10.150 (h)(2) of the Town Code to allow an exception to parking
requirements when a lot does not have adequate area to provide parking as required.
▪ The project meets the objective standards of Chapter 29 of the Town Code (Zoning
Regulations) except for the side and rear setbacks, driveway/access road width, parking
configuration and dimensions, and driveway depth.
▪ The project is in compliance with the Residential Design Guidelines for single-family
residences.
▪ As required, that other than the exceptions to grading depths, retaining wall heights, and
buildings located outside of the least restrictive development area (LRDA), the project
complies with the Hillside Development Standards and Guidelines (HDS&G).
▪ As required, that other than an exception to the guest parking requirement, the project
complies with the Hillside Specific Plan (HSP).
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 east of Reservoir Road and accessed via a private road serving
several lots between Reservoir Road and Rogers Street (Exhibit 1). The subject property is
undeveloped and approximately 0.23 acres (10,000 square feet) with an average slope of 28
percent. In 2015, the Town issued Certificates of Compliance for six lots and approved a lot
merger to combine the six lots into three lots. The three separate parcels include 55 and 60
Rogers Street, and the subject property at 45 Reservoir. The subject property is zoned R-1:20
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SUBJECT: 45 Reservoir Road/S-22-048
DATE: January 3, 2025
and nonconforming as to size and width. The Architecture and Site application has been
referred to the Planning Commission based on concerns related to the proposed intensity of
development and the applicant’s request for exceptions to setback requirements, road width,
parking, driveway depth, grading depths, retaining wall heights, and LRDA.
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The subject property is located east of Reservoir Road and accessed via a private driveway
that bisects the property and serves several lots between Reservoir Road and Rogers Street
(Exhibit 1). Single-family residential development surrounds the property. The property
ascends approximately 14 feet from north-to-south to the private road, from which the
property ascends an additional 30 feet to the south property line. The LRDA is concentrated
in the southern (rear) portion of the property and the area of the existing private road.
B. Project Summary
The applicant proposes construction of a two-story residence with an attached two-car
garage. The project includes areas of below-grade square footage that would not count
toward the size of the residence. An attached ADU is included on the second story of the
residence. Consistent with state law, the ADU will be processed with a separate ministerial
Building Permit and is not the subject of this application. Much of the proposed residence
would be located outside of the LRDA due to site and access constraints. The proposed
residence, absent the ADU, would not be visible pursuant to the HDS&G, as only 22 percent
would be visible from the viewing area located at Los Gatos-Saratoga Road (Highway 9) and
Highway 17 (Exhibit 12). The project requires a Grading Permit for site improvements for
earthwork quantities exceeding 50 cubic yards. The project also requires exceptions to
setbacks, road width, parking, driveway depth, grading depths, retaining wall heights, and
LRDA.
C. Zoning Compliance
A single-family residence is permitted in the R-1:20 zone. The proposed residence is in
compliance with the zoning regulations for allowable floor area, height, and on-site parking
requirements for the property. The applicant requests exceptions to the zoning standards
for side and rear setbacks, parking, and driveway depth.
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SUBJECT: 45 Reservoir Road/S-22-048
DATE: January 3, 2025
DISCUSSION:
A. Architecture and Site Analysis
The applicant proposes construction of a new 1,640-square foot, two-story residence with
an attached two-car garage in a tandem configuration and an attached ADU (Exhibit 12).
The project proposes a traditional Mediterranean style residence with subdued colors to
blend with the surrounding hillside environment (Exhibit 4). The applicant has provided a
Letter of Justification detailing the project and the requested exceptions to the
requirements of the Town Code, HDS&G, and HSP (Exhibit 5). In addition to the 1,640
square feet of countable FAR, the residence includes 1,287 square feet of below-grade
square footage. The residence includes an attached 564 square-foot garage in a tandem
configuration. The proposed garage includes 338 square feet of below grade square footage
that does not count toward FAR. The garage also includes areas that do count toward FAR:
163 square feet of above grade square footage; and 63 square feet of below grade square
footage that extends beyond the footprint of the residence above. These areas are within
the 400 square feet allowed for a garage on the property. A summary of the floor area for
the proposed residence is included in the table below.
Floor Area
Above Grade Below Grade Below Grade
Beyond Footprint
Totals
Lower Floor 313 sf 1,287 sf 0 sf 1,600 sf
Main Floor 1,327 sf 0 sf 0 sf 1,327 sf
Garage (Lower Floor) 163 sf 338 sf 63 sf 564 sf
Totals 1,803 sf 1,625 sf 63 sf 3,491 sf
Table does not include 516 sf attached ADU.
The proposed residence would be sited in the middle of the property, uphill from the
private road (Exhibit 12). The residence would extend outside of the LRDA and requires
reduced side and rear setbacks. The maximum height of the proposed residence is 24 feet,
nine inches, where a maximum of 30 feet is allowed by the Town Code and a maximum of
25 feet is allowed by the HDS&G for nonvisible homes. The project requires a Grading
Permit for site improvements for earthwork quantities exceeding 50 cubic yards. The
project also requires exceptions to setbacks, road width, parking, driveway depth, grading
depths, retaining wall heights, and LRDA.
B. Building Design
The applicant proposes a traditional Mediterranean style residence with subdued colors to
blend with the surrounding hillside environment (Exhibit 12). Proposed exterior materials
include: a concrete tile roof; integral-colored smooth coat stucco siding with a belly band;
metal-clad wood windows and doors; cast stone columns, trim, and windowsills; and
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SUBJECT: 45 Reservoir Road/S-22-048
DATE: January 3, 2025
painted metal railings (Exhibit 4). The proposed exterior materials comply with the HDS&G
standard for nonvisible homes, each having a light reflectivity value (LRV) less than 30.
The proposed residence has been designed to bench into the hillside to reduce building
height and locate a significant portion of the massing below grade. The residence
strategically incorporates hipped and flat roof forms to maintain compliance with the
HDS&G maximum height standard of 25 feet. The proposed tandem garage configuration
reduces the prominence of the street-facing garage while providing two parking spaces;
although only one of the spaces meets the dimension requirements by the Town Code. An
additional compliant on-site guest parking space is located north of the private road.
The Town’s Consulting Architect reviewed the proposed residence and noted that the site
slope, the fragmentation of the site into two parts, and the resultant small amount of
developable area on the site are major constraints for this project (Exhibit 6). The
Consulting Architect identified two issues and concerns and provided recommendations for
changes to increase compatibility with the Residential Design Guidelines and the immediate
neighborhood. In response to these recommendations, the applicant made modifications to
the design of the residence and submitted a letter responding to the recommendations
(Exhibit 7). The Consulting Architect’s issues and recommendations are provided below,
followed by the applicant’s response in italics.
1. The tall side walls are not consistent with Residential Design Guideline 3.3.3.
Recommendation: Add projecting molding at the proposed color change. Note that the
use of two wall colors or the use of a single color would both be acceptable.
A projecting molding has been added at the horizontal color change location around the
entire perimeter of the building.
2. A second issue is of more concern and may not have a viable alternative aside from a
smaller building footprint and volume. The issue is that the proposed house is quite
close to the road and appears to be closer to the road than other nearby homes. This
may be acceptable given the private access road, but it seems out of character with its
current semirural, wooded environment.
The property shape and access through the lot is highly unusual and creates an undue
hardship on the allowable building envelope that we cannot overcome. The road has
been moved away from the building envelope as much as possible.
C. Height
The proposed residence would not be visible, as defined by the HDS&G, being 22 percent
visible from the viewing area located at Los Gatos-Saratoga Road and Highway 17 (Exhibit
12, Sheets A-12 and A-13). Heights of nonvisible homes are limited by the HDS&G to a
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SUBJECT: 45 Reservoir Road/S-22-048
DATE: January 3, 2025
maximum of 25 feet at any point and a low-to-high dimension of 35 feet. The proposed
residence complies with these standards having a maximum height of 24 feet, nine inches;
and a low-to-high dimension of 26 feet, three inches.
D. Neighborhood Compatibility
Pursuant to the Town Code, the maximum allowable floor area for the subject property is
1,656 square feet for the residence and 400 square feet for the garage. The following table
reflects the current conditions of the homes in the immediate area and the proposed
project.
FAR Comparison - Neighborhood Analysis
Address Zoning Gross Lot
Area SF House SF Garage
SF Total SF House
FAR
No. of
Stories
56 Cleland Ave R-1D 9,580 1,372 251 1,623 0.14 1
80 Cleland Ave R-1D 15,649 972 341 1,313 0.06 1
90 Cleland Ave R-1D 19,038 1,728 264 1,992 0.09 1
36 Rogers Rd R-1:10 39,472 4,833 704 5,537 0.12 2
26 Rogers Rd R-1:10 17,275 3,081 462 3,543 0.18 2
49 Reservoir Rd R-1:20 18,613 3,012 962 3,974 0.16 2
47 Reservoir Rd R-1:20 19,151 1,799 180 1,979 0.09 1
60 Rogers Rd R-1:20 15,512 2,592 857 3,449 0.17 1
45 Reservoir Rd (P) R-1:20 10,000 1,640 226 1,640 0.16 2
The eight properties in the immediate area are developed with one- and two-story
residences and include a mix of architectural styles. The property sizes within the
immediate area range from 0.22 to 0.91 acres. Based on Town and County records, the size
of the residences located in the immediate area range from 972 square feet to 4,833 square
feet. The applicant is proposing a residence of 1,640 square feet with an attached garage of
226 square feet. The 0.23-acre parcel allows for a maximum residence size of 1,656 square
feet and a maximum garage size of 400 square feet by the Town Code. The proposed
residence would be the seventh largest in terms of total square footage and the third
largest in terms of FAR.
E. Site Design
The undeveloped property is approximately 10,000 square feet, located east of Reservoir
Road and accessed via a private road that bisects the property and serves several lots
between Reservoir Road and Rogers Street (Exhibit 1). The property has an average slope of
28 percent and ascends approximately 14 feet from north-to-south to the private road,
from which the property ascends an additional 30 feet to the south property line (Exhibit
12). The LRDA is concentrated in the southern (rear) portion of the property and in the road
area. The proposed residence is located on the south side of the private road, benched into
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SUBJECT: 45 Reservoir Road/S-22-048
DATE: January 3, 2025
the hillside and extending outside of the limits of the LRDA. The proposed rear yard area is
limited in size and formed by two retaining walls with maximum heights of five feet.
Exterior access around the residence is provided by a stairway along the left side of the
residence. The front yard area includes the existing private road, a guest parking space, and
a firetruck turnaround. The required turnaround is located downslope of the residence
utilizing a portion of the private road and requiring construction of retaining walls with a
maximum height of 15 feet, six inches.
The proposed site design requires approval of several exceptions to the Town Code,
HDS&G, and HSP including:
• Required 15-foot side and 25-foot rear setbacks (Town Code);
• Driveway/access road with a minimum width of 18 feet (Town Code);
• Two off-street parking spaces, configuration, and dimensions (Town Code);
• Driveway depth of at least 18 feet in length (Town Code);
• Grading depths shall not exceed four feet of cut and/or three feet of fill (HDS&G);
• Retaining wall heights should not be higher than five feet (HDS&G);
• Buildings shall be located within the LRDA (HDS&G); and
• Four guest parking spaces shall be provided (HSP)
Setbacks:
The R-1:20 zone requires a minimum lot size of 20,000 square feet; a lot width of 100 feet;
and minimum setbacks of 30 feet in the front, 25 feet in the rear, and 15 feet on the sides.
The subject property was the product of a 2015 merger of six lots into three lots. What
resulted was a lot that is nonconforming with an area of 10,000 square feet and a width of
83 feet. In addition to these nonconforming characteristics, the lot is further burdened with
a private access road that bisects the property near the middle. As a result, the building
envelope is limited to the southern portion of the property, south of the private road.
The proposed two-story residence meets the required front setback, and includes a rear
setback of 19 feet, seven inches, and sides setbacks of 12 feet, 10 inches, and 12 feet, six
inches. The applicant’s Letter of Justification notes that the nonconforming characteristics
of the lot and the location of the existing private road necessitate reduced side and rear
setbacks (Exhibit 5). The requested reduced setbacks allow the residence, with the desired
architectural program, to be less visible and comply with the height limitations.
Town Code Section 29.10.265 (3) allows the Planning Commission to modify any rule of the
zone including front, side, and rear setback requirements so that the building and its use
will be compatible with the neighborhood. A review of Town records shows that the
proposed setbacks would be compatible with three residences in the immediate
neighborhood that include setbacks that do not meet the requirements of the zone.
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SUBJECT: 45 Reservoir Road/S-22-048
DATE: January 3, 2025
Driveway/Access Road Width:
Town Code Section 29.10.155 requires driveways/access roads to be at least 18 feet wide.
The existing private road varies in width as it traverses six properties between Reservoir
Road and Rogers Street. The road width does not meet Town Code standards in numerous
locations. The applicant proposes to widen portions of the road on their property to meet
the 18-foot requirement, but notes in their Letter of Justification that they do not control
the portions of the road that are not on the subject property (Exhibit 5). The applicant
continues that they balanced the road widening with fire access, tree preservation, and
existing conditions in addressing this requirement. The applicant requests an exception to
the road width requirement.
Required Off-Street Parking:
Pursuant to Town Code Section 29.10.155 (d)(3), when a garage is used to accommodate
the two required parking spaces for single-family dwellings, the garage must have interior
clear dimensions of at least 20 feet by 20 feet. This requirement results in a side-by-side
parking configuration. The applicant proposes an attached two-car garage in a tandem
configuration. Of the two provided parking spaces within the garage, one meets the
minimum dimensions for a single-car garage parking space of 11 feet by 20 feet. The
applicant requests an exception to allow the tandem configuration and the dimensions of
the second parking space to be reduced to 11 feet by 18 feet. Section 29.10.150 (h)(2)
allows the deciding body to consider an exception when the lot does not have adequate
area to provide parking as required. In their Letter of Justification, the applicant notes that
an 18-foot-long parking space is still practical and would provide for additional backup
space (Exhibit 5).
Driveway/Backup Distance:
The Town Code requires that garages opening up onto a street be served by a driveway with
a length not be less than 18 feet. Given the site constraints, a complaint driveway is not
feasible. The proposed driveway is approximately three feet, six inches at its shortest point.
The width of the roadway and firetruck turnaround adjacent to the garage is 49 feet, five
inches and would provide ample back up distance for vehicles exiting the garage. The
private road serves five other properties and vehicular traffic is anticipated to be minimal,
limiting potential conflicts with the proposed driveway configuration. The applicant
requests an exception to the driveway depth requirement due to the constraints of the site.
Grading Depths:
The HDS&G limits grading depths outside of the footprint of a primary residence to four feet
of cut and three feet of fill. The proposed site work includes cut depths of eight feet, three
inches in the rear yard area where retaining walls would be used to create a limited outdoor
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SUBJECT: 45 Reservoir Road/S-22-048
DATE: January 3, 2025
living area. The required firetruck turnaround requires backfill of the proposed retaining
walls with depths up to 15 feet, six inches. In their Letter of Justification, the applicant notes
that inclusion of an on-site turnaround is unavoidable due to the configuration of the
private road (Exhibit 5). The applicant also notes that the required backfill for the
turnaround will help reduce soil off haul from the excavation for the residence by allowing
the spoils to be used as fill.
Retaining Wall Heights:
The HDS&G includes a guideline that retaining walls should not exceed a height of five feet
and that when additional retained heights are needed due to extreme site conditions, the
use of multiple terraced retaining walls is preferred. The proposed on-site firetruck
turnaround is required since the private roadway connecting Reservoir Road and Rogers
Street includes a turn onto Rogers Street with a radius that is too sharp for firetruck
circulation. Due to the numerous constraints of the site and the dimension and slope
requirements of a turnaround, the applicant proposes retaining walls on the north portion
of the property with heights between five feet and fifteen feet, six inches. Due to the
limited space available to provide a turnaround, the use of terraced retaining walls is not
feasible. In their Letter of Justification, the applicant requests an exception and notes the
dimension and slope requirements of the turnaround area, which necessitates the tall
retaining walls (Exhibit 5). The applicant proposes soldier pile and wood lagging retaining
walls to provide a natural appearance. The Landscape Plans show that nine 24-inch box
Thuja green giant trees would be planted at the base of the wall to provide screening and
reduce the visual impact of the walls. These proposed trees are located greater than 30 feet
from residence and would not be consistent with the HDS&G requirement that plant
species in this zone be native and indigenous. The draft conditions of approval include a
condition to revise this species to be consistent with this requirement.
Buildings Outside of the LRDA:
The HDS&G includes a standard requiring that buildings be located in the LRDA. The LRDA
on the subject property is concentrated in the southern (rear) portion of the property and
the area of the existing private road. Much of the proposed residence would extend outside
of the LRDA limits due to the limited areas of LRDA and other site constraints. In their Letter
of Justification, the applicant describes the limited LRDA and that there is not enough area
to allow the construction of a new residence. Due to site constraints, the applicant requests
an exception to allow the building to be located outside of the limited LRDA.
Guest Parking:
Four additional guest parking spaces are required by the HSP. One guest space is proposed
on the north side of the private road. The applicant’s Letter of Justification notes that the
size and configuration of the lot, along with the prioritization of site access for residents and
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SUBJECT: 45 Reservoir Road/S-22-048
DATE: January 3, 2025
the fire department, have made it challenging to provide all four guest spaces (Exhibit 5).
The applicant requests an exception to allow only one guest parking space.
F. Tree Impacts
The development plans were reviewed by the Town’s Consulting Arborist who inventoried
18 protected trees within the project area and made recommendations for their
preservation (Exhibit 8). The project proposes removal of 10 protected trees to
accommodate the new residence. Tree protection measures are included on Sheet A-5 of
the development plans (Exhibit 12). In response to the Consulting arborists
recommendations, the applicant adjusted the location of drainage infrastructure to reduce
impacts to existing oak trees. The Landscape Plans indicate that 32 new trees will be
planted on site to offset the proposed tree removal. If the project is approved, tree
protection measures would be implemented prior to construction and maintained for the
duration of construction activity. Arborist recommendations for tree protection have been
included in the Conditions of Approval to mitigate impacts to protected trees (Exhibit 3).
G. Visibility
Pursuant to the HDS&G, a visible home is defined as a single-family residence where 24.5
percent or more of an elevation can be seen from any of the Town’s established viewing
areas. The applicant’s visibility analysis provides a perspective of the proposed residence
from the viewing area located at Los Gatos-Saratoga Road (Highway 9) and Highway 17
(Exhibit 12). The provided analysis shows that the proposed residence would be 22 percent
visible and is considered not visible by the HDS&G. Nonvisible homes shall not exceed a
height of 25 feet and a low-to-high height of 35 feet. As discussed above, the proposed
residence complies with these HDS&G height standards. Several on-site trees screen the
residence and meet the health requirements for inclusion in the visibility calculation.
Conditions of approval are included in Exhibit 3 requiring maintenance of the existing trees
to remain and replacement of any trees used in the visibility analysis if they die or are
removed. Additionally, the LRV of all exterior materials for nonvisible residences may be
averaged and may not exceed an average LRV of 30. The proposed residence would meet
the LRV limitations as shown on the provided color and materials board (Exhibit 4).
H. Grading
The Site Planning Section of the HDS&G limits site grading cut depths to a maximum of four
feet and fill depths to a maximum of three feet. As discussed above, the applicant is
requesting an exception to the cut depth limitations to allow a maximum cut of eight feet,
three inches in the rear yard area where retaining walls would be used to create a limited
outdoor area. Additionally, the applicant is requesting an exception to the fill depth
limitations to allow a maximum fill depth of 15 feet, six inches in portions of the driveway
and fire truck turnaround area to meet the requirements of the Santa Clara County Fire
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SUBJECT: 45 Reservoir Road/S-22-048
DATE: January 3, 2025
Department. The applicant has included a Letter of Justification addressing the requested
exceptions (Exhibit 5). This application has been reviewed and approved by the Town’s
Engineering Division and the Santa Clara County Fire Department.
The project also includes site improvements with grading quantities exceeding 50 cubic
yards, which requires approval of a Grading Permit. The Town’s Parks and Public Works
Engineering staff have included a condition of approval requiring submittal and evaluation
of a Grading Permit in parallel with the required Building Permits (Exhibit 3).
I. Neighbor Outreach
In their Letter of Justification, the applicant provides a summary of their neighbor outreach
efforts (Exhibit 5).
J. CEQA Determination
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15303: New
Construction.
PUBLIC COMMENTS:
Story poles and project signage were installed on the site by November 21, 2024, in anticipation
of the January 8, 2025, Planning Commission hearing (Exhibit 9). Public comments received by
11:00 a.m., Friday, January 3, 2025, are included as Exhibit 11.
CONCLUSION:
A. Summary
The applicant is requesting approval of an Architecture and Site application for construction
of a new a single-family residence with reduced side and rear yard setbacks, site
improvements requiring a Grading Permit, and removal of large protected trees on a
nonconforming vacant property. The residence is well designed and compatible with the
immediate area. The project is consistent with the Zoning and General Plan Land Use
Designation for the property. Due to the desired architectural program and the constraints
of the site, the applicant is requesting exceptions to setbacks, road width, parking, driveway
depth, grading depths, retaining wall heights, and LRDA, and has provided a Letter of
Justification discussing these requested exceptions (Exhibit 5). Aside from the requested
exceptions, the project complies with the Zoning Code, Hillside Development Standards and
Guidelines, and Hillside Specific Plan.
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SUBJECT: 45 Reservoir Road/S-22-048
DATE: January 3, 2025
B. Recommendation
Staff recommends that the Planning Commission consider the request and, if merit is found
with the proposed project, take the following steps to approve the Architecture and Site
application:
1. Make the finding that the proposed project is Categorically Exempt, pursuant to the
adopted Guidelines for the implementation of the California Environmental Quality Act,
Section 15303: New Construction (Exhibit 2);
2. Make the finding as required by Section 29.10.265 of the Town Code to allow exceptions
to side and rear setbacks, driveway/access road width, and driveway depth on a
nonconforming property (Exhibit 2);
3. Make the finding as required by Section 29.10.150 (h)(2) of the Town Code to allow an
exception to parking requirements when a lot does not have adequate area to provide
parking as required;
4. Make the finding that the project complies with the objective standards of Chapter 29 of
the Town Code (Zoning Regulations) except for the side and rear setbacks;
driveway/access road width; parking configuration and dimensions; and driveway depth
(Exhibit 2);
5. Make the finding that the project is in compliance with the Residential Design
Guidelines for single-family residences (Exhibit 2);
6. Make the finding that due to the constraints of the site, exceptions to grading depths,
retaining wall heights, and buildings located outside of the Least Restrictive
development Area (LRDA) appropriate, and the project is otherwise in compliance with
the applicable sections of the Hillside Development Standards and Guidelines (Exhibit 2);
7. Make the finding that other than an exception to the guest parking requirement, the
project complies with the Hillside Specific Plan (Exhibit 2);
8. 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
9. Approve Architecture and Site Application S-22-048 with the conditions contained in
Exhibit 3 and the development plans in Exhibit 12.
C. Alternatives
Alternatively, the Planning Commission can:
1. Continue the matter to a date certain with specific direction; or
2. Approve the application with additional and/or modified conditions; or
3. Deny the application.
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SUBJECT: 45 Reservoir Road/S-22-048
DATE: January 3, 2025
EXHIBITS:
1. Location Map
2. Required Findings and Considerations
3. Recommended Conditions of Approval
4. Color and Materials Board
5. Letter of Justification
6. Consulting Architect’s Report
7. Applicant’s Response to Consulting Architect’s Report
8. Consulting Arborist’s Report
9. Story Pole Photos
10. Site Photos
11. Public comments received by 11:00 a.m., Friday, January 3, 2025
12. Development Plans
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