Exhibit 10 - Table of Requested Waivers Through State Density Bonus LawShort title Town Code or Standard Requirement Proposal Justification Provided by Applicant
Building Height 29.60.440 35 ft max in the CH Zone 37 feet, four and one-half inches
SummerHill respectfully requests a waiver or reduction of development standards to increase the height limit from 35 feet to approximately 40 feet, in order to accommodate a Mission-style architectural aesthetic with low-sloping gabled and hipped roofs, consistent with the architectural styles of the
nearby neighborhoods. It is not physically possible to include a Mission-style roof with hips and gables and comply with the 35-foot height limit without
decreasing the number of floors or substantially reducing the ceiling heights, neither of which is consistent with the project as proposed and the project objectives. Increasing the height limit to approximately 40 feet would allow a Mission style roof with hips and gables without having a significant impact on
the surrounding neighborhood or the public.
Private Open Space 29.10.065 (1)
Private open space. Each ground floor dwelling unit shall have a minimum of two hundred (200) square feet of outdoor usable open space in the form of a single enclosed patio or deck
located essentially at the level of the main living area. The minimum horizontal dimension
for a patio is ten (10) feet and for a balcony is six (6) feet.
150 square feet per unit average with
minimum dimension of three feet.
SummerHill respectfully requests a waiver or reduction of development standards to decrease the amount of private open space required for each unit and
reduce the minimum dimension of private open space from 6 feet (or 10 feet at ground level) to 3 feet. Each unit will have a private deck or patio to use as private open space. However, it is not physically possible to provide 100 square feet of private open space for each unit (or 200 square feet at ground level)
with a minimum dimension of 6 feet (or 10 feet at ground level) without substantially reducing the living area of the units or eliminating units, neither of
which is consistent with the project as proposed or with the project objectives. Furthermore, eliminating units would reduce the number of BMP units provided by the project, which would conflict with the Town’s obligation to affirmatively further fair housing. SummerHill proposes to provide a patio or
deck for each unit with a minimum dimension of 3 feet and a minimum area of approximately 32 square feet, with an overall average area of
approximately 150 square feet per unit.
Short-Term Bicycle Parking ODS A.2.2 (1/unit)
Short-term bicycle parking shall be provided at a rate of one space per dwelling unit and one
space per 2,000 square feet of non-residential floor area.
155 units X 1 space per unit = 155 spaces 36 spaces
SummerHill respectfully requests a waiver or reduction of development standards to decrease the number of short-term bicycle parking spaces from one
space per unit to one space per ten units. Section A.2 of the Objective Design Standards for Qualifying Multi-Family and Mixed-Use Residential
Development requires one short-term bicycle parking space per unit. SummerHill will provide one short-term bicycle parking space per ten units. It is not
physically possible to provide more than the proposed number of short-term bicycle spaces without eliminating units or reducing floor area, which is not consistent with the project as proposed or the project objectives. Furthermore, as noted above, eliminating units would reduce the number of BMP units,
which would conflict with the Town’s obligation to affirmatively further fair housing.
Setbacks 29.60.435 (rear = 20 ft)
20 feet requirement for rear setback along those property lines which abut or are across from a lot in a residential zone. Plus one foot for each foor of building height over twenty
feet. 14.6 feet at Building 25
SummerHill respectfully requests a waiver or reduction of development standards to reduce the setback requirement along the shared property line with Los Gatos High School. Section 29.60.435 of the Town Code states that a rear setback of 20 feet plus 1 foot for each foot of building height over 20 feet is
required for rear yards which abut a lot in a residential zone. Although Los Gatos High School is an institutional use, the high school property is in the R1:20
residential zone. It is not physically possible to comply with the rear setback requirement without eliminating units or reducing floor area, which is not consistent with the project as proposed or the project objectives. Furthermore, as noted above, eliminating units would reduce the number of BMP units,
which would conflict with the Town’s obligation to affirmatively further fair housing.
Alley Widths
29.10.155 (c)(4), 29.10.06703, Town
Standar Plans ST-262 and ST-263
29.10.06703: Alleys shall have a right-of-way width of not less than thirty (30) feet and roadway width of not less than twenty-four (24) feet.
29.10.155 (c)(4): Driveways which serve more than twenty-five (25) parking spaces shall be
at least twelve (12) feet wide if they provide either ingress or egress only, and not less than twenty-two (22) feet wide if they provide both ingress and egress.
ST-262 and ST-263: Aisle width of 25 feet for 90-degree parking.
Private alleys range in width from 20 to
26 feet
SummerHill respectfully requests a waiver or reduction in development standards to reduce the minimum width of the private alleys to 20 feet. Sections 29.10.06702 and 29.10.06703 of the Town Code require a minimum right-of-way width of 56 feet for minor streets (24 feet for minor streets in hillside
areas if parking is prohibited on both sides of the street) and a minimum width of 30 feet for alleys. Section 29.10.155 of the Town Code requires driveways
which serve more than 25 parking spaces to be at least 22 feet wide if they provide both ingress and egress. (The term “driveway” is not defined in the Town’s zoning regulations.) Town Standard Plans ST-262 and ST-263 show an aisle width of 25 feet for 90-degree parking. A Court and B Alley will be a
minimum of 30 feet and 26 feet wide respectively. C Alley, D Alley and E Alley will be a minimum of 20 feet wide with standard 4-foot wide garage aprons,
and parallel parking will be prohibited along both sides of the alleys. The proposed alley widths meet the requirements of the California Fire Code and local
amendments. In addition, the proposed alley widths provide adequate space for vehicles to enter and exit all parking spaces for residents and guests. It is not physically possible to provide more than the proposed minimum width for the alleys without eliminating units or reducing floor area, which is not
consistent with the project as proposed or the project objectives. Furthermore, as noted above, eliminating units would reduce the number of BMP units,
which would conflict with the Town’s obligation to affirmatively further fair housing.
Setbacks Above Second Floor ODS B.1.2 (stepback 5 ft)Upper floors above two stories shall be set back by a minimum of five feet from the ground-floor façade. No upper floor setback
SummerHill respectfully requests a waiver or reduction of development standards to reduce or eliminate the additional third-floor setback. Objective
Design Standard B.1.2 requires floors above two stories to be set back by a minimum of five feet from the ground-floor façade. It is not physically possible
to provide the additional setback without eliminating units or reducing floor area, which is not consistent with the project as proposed or the project
objectives. Furthermore, as noted above, eliminating units would reduce the number of BMP units, which would conflict with the Town’s obligation to affirmatively further fair housing.
Retaining Wall Lengths ODS A.10.2
Retaining walls shall not run in a straight continuous direction for more than 50 feet without including the following:
a. A break, offset, or landscape pocket in the wall plane of at least three feet in length and
two feet in depth; andb. Landscaping at a minimum height of three feet at the time of installation along a
minimum of 60 percent of the total length of the retaining wall.One wall at 153 feet without a break.
SummerHill respectfully requests a waiver or reduction of development standards to allow certain sections of retaining wall along the property line to run
in a straight continuous direction for more than 50 feet without breaks, offsets, landscape pockets, or landscaping. Objective Design Standard A.10.2 states that retaining walls shall not run in a straight continuous direction for more than 50 feet without including both (a) a break, offset, or landscape pocket in
the wall plane of at least three feet in length and two feet in depth; and (b) landscaping at a minimum height of three feet at the time of installation along a
minimum of 60 percent of the total length of the retaining wall. All of the proposed retaining walls would comply with Standard A.10.2, with the exception of a 153-foot long retaining wall located along the frontage of the Highway 17 offramp. It is not physically possible to provide a break, offset or landscape
pocket in the wall or install landscaping along the wall, because the grade at the base of the wall is located off-site, and shifting the retaining wall on-site
would create inaccessible landscape pockets and reduce the amount of space available for the proposed units, which would cause a reduction in floor area or the number of units, which is not consistent with the project as proposed or the project objectives. Furthermore, as noted above, reducing the total
number of units would reduce the number of BMP units, which would conflict with the Town’s obligation to affirmatively further fair housing.
Fence/wall in Setback along a Street 29.50.035 and ODS A.9.1
29.50.035: Fencing is not permitted in required front yards or required yards abutting a
street in any nonresidential zone, except walls or fences not over three (3) feet high may be
erected to screen on-site parking spaces from the street.
ODS A.9.1: Fences, walls, and gates within required setbacks along all street frontages are
prohibited unless used to screen on-site parking spaces from view from the street.
Fence located in required setback along
Highway 17 offramp.
SummerHill respectfully requests a waiver or reduction of development standards in order to allow a fence or wall within the required setback area facing
the Highway 17 offramp and the section of Los Gatos-Saratoga Road west of the entry to the project site. Section 29.50.035 of the Town Code and Objective Design Standard A9.1 do not allow fences or walls within required setbacks along street frontages, except in limited situations. SummerHill proposes to
install a 7-foot tall wood fence (6 feet of solid wood plus one foot of lattice) and an 8-foot tall wood fence (7 feet of solid wood plus one foot of lattice)
within the required setbacks along the frontage of the Highway 17 offramp and the frontage of Los Gatos-Saratoga Road west of the entry to the project. The fences are physically necessary to provide privacy for the residents, safety for residents and the public while using the proposed bike and pedestrian
path along the frontage, and reduction of noise from Highway 17, consistent with the project as proposed and the project objectives. It is not physically
possible to provide the privacy, safety and quiet required for the project without the proposed fences.
Utility Box Screening ODS A.7.3
Street-level views of ground level utility cabinets, mechanical equipment, trash, and service
areas shall be screened from sight with landscape planting, fencing, or a wall, as allowed by the Town Code. The screening shall be at least the same height as the item being screened
and screening that is not landscape material shall be constructed with one or more of the
materials used on the primary building.
Above-ground utility boxes without
screening.
SummerHill respectfully requests a waiver or reduction of development standards to allow partial screening of ground-level utility cabinets. Objective Design Standard A.7.3 requires street-level views of ground-level utility cabinets to be screened from sight with landscape planting, fencing, or a wall.
SummerHill proposes to use a combination of fences and landscape planting to partially screen groundlevel utility cabinets from sight. However, due to
public utility requirements for clear access and Town requirements for sight distance at intersections, it is not physically possible for the project to fully screen the utility cabinets without eliminating units or reducing floor area, which is not consistent with the project as proposed or the project objectives.
Furthermore, as noted above, eliminating units would reduce the number of BMP units, which would conflict with the Town’s goal to affirmatively further
fair housing.
Variation in Building Mass ODS B.4.1.a
Buildings greater than two stories shall be designed to differentiate the base, middle, and top of the building on any street-facing façade. Each of these elements shall be distinguished
from one another using at least two of the following solutions:
a. Variation in building mass for a minimum of 60 percent of the length of the street-facing façade through changes in the façade plane that protrude or recess with a minimum
dimension of two feet;
SummerHill respectfully requests a waiver or reduction of development standards to allow alternate techniques for differentiating between the base, middle and top of the alley-facing façades. Objective Design Standard B.4.1 requires that the project use at least two specified architectural techniques to
differentiate the base, middle and top of each street-facing façade. The project complies with Standard B.4.1 with respect to all façades that face public
streets. However, with respect to façades that face internal private alleys, the project uses different techniques to differentiate the base, middle and top of the façades. For example, the project uses variations in building mass that protrude or recess 18 inches from the façade, rather than 24 inches. While these
alternate techniques meet the spirit of Standard B.4.1, it is not physically possible to fully comply with Standard B.4.1 with respect to the alley-facing
façades without eliminating units or reducing floor area, which is not consistent with the project as proposed or the project objectives. Furthermore, as noted above, eliminating units would reduce the number of BMP units, which would conflict with the Town’s obligation to affirmatively further fair
housing.
Tandem Parking Division 4, Parking
Two parking spaces in a private garage require interior clear dimension of 20 feet by 20 feet,
which does not accommodate a tandem confirguration.Tandem configuration.
SummerHill respectfully requests that the Town allow SummerHill to use tandem parking spaces to meet the Town’s parking requirements. SummerHill
proposes to use a tandem configuration for the attached two-car garage for 31 of the two-bedroom units, consistent with the State Density Bonus Law. All
other garages will have side-by-side configurations consistent with Town standards.
REQUESTED WAIVERS THROUGH STATE DENSITY BONUS LAW
EXHIBIT 10
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