Item 17 Staff Report Consider Planning Commission Recommendations to Adopt a Resolution Amending the Residential Development Standards to Include Wording About Floor Area Ratio (F.A.R) on Sloped LotsCOUNCIL AGENDA REPORT
DATE: January 8, 1998
TO: MAYOR AND TOWN COUNC
FROM: TOWN MANAGER
SUBJECT:
MEETING DATE: 1/20/98
ITEM NO.
/7
CONSIDER PLANNING COMMISSION RECOMMENDATIONS TO ADOPT A
RESOLUTION AMENDING THE RESIDENTIAL DEVELOPMENT STANDARDS TO
INCLUDE WORDING ABOUT FLOOR AREA RATIO (F.A.R.) ON SLOPED LOTS.
RECOMMENDATION:
1. Adopt Resolution amending the Residential Development Standards to include wording about Floor Area Ratio (FAR)
on sloped lots.
BACKGROUND:
At the February 1997 joint study session between Town Council and Planning Commission, the issue of large houses on
sloped lots was discussed. Commissioners were concerned about the appropriateness of the current Floor Area Ratio (FAR)
requirements as applied to steep lots. The Council referred the matter to the Architectural Standards/Hillside Committee.
The Architectural Standards/Hillside Committee considered draft language for updating the FAR as it relates to slope. The
draft was initially worded to amend the Residential Development Standards (Attachment 2, Section II, Building Design,
subsection B). The Committee decided that the language should be included in the Zoning Ordinance, requiring an
amendment to the existing FAR regulations.
However, upon further consideration and discussions with staff, the Committee agreed that the Development Standards
should first be amended to include wording about FAR on sloped lots. After using the amended Standards for a period of
time, the Committee could reconsider the need for a zoning ordinance amendment in the future.
On December 10, 1997 the Planning Commission denied Zoning Ordinance Amendment A-97-002 and adopted a
Resolution recommending that the Town Council add slope/F.A.R. considerations to the Residential Development Standards
(Attachments 4 and 5).
(Continued on Page 2)
PREPARED BY: LEE E. BOWMAN kJ
PLANNING DIRECTOR
Reviewed by: 1 Attorney Finance
Revised: 1/8/98 12 : 21 pm
Reformatted: 10/23/95
fl
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: AMEND RESIDENTIAL DEVELOPMENT STANDARDS
January 8, 1998
DISCUSSION:
The maximum FAR for residential projects is determined by a formula in Section 29.40.075 of the Zoning Ordinance. The
FAR objective is to help determine whether the mass and scale of a project is compatible with its surrounding neighborhood.
On residential sites with slopes greater than 10%, the Town has experienced that the FAR standard is inadequate in
determining compatibility. Homes built to the maximum FAR on such slopes may interfere with the existing natural terrain
and appear incompatible with surrounding homes. Therefore, as the slope of a lot increases past 10%, a residential addition
or new residence should have a reduced floor area commensurate to the increase in slope.
Possible modifications to residential projects on steep sites which may be subject to the proposed FAR ordinance are listed
below:
• Decrease the living area to be compatible with the existing terrain and slope;
• Decrease the living area and keep finish floor levels close to grade;
• Soften taller massing elements by using smaller elements in the foreground with less floor area;
• Reduce overall building footprint and slope the roof so that it follows the predominant slope.
The effect the amendment to the Development Standards would have on a proposed residence and its total allowable living
area is listed in the Slope/ FAR Adjustment Table (Attachment 3). The Table shows three scenarios with different sized lots.
Column five shows the maximum living area allowed under the current Ordinance. Column six shows the maximum living
area allowed under the modified Standards. As the lot slope increases, so does the lot area subtracted from the net site area.
As the slope increases, the floor area decreases, as shown in Column 7, Attachment 3).
The Development Review Committee or Planning Commission may require applicant submittal of a topographic site plan
as a result of the modified Standards. The contour lines may be required information for determining the average slope of
the lot. Applicants currently are not required to submit topographic plans, however the contour lines are often included on
the preliminary grading and drainage plans.
The amendment to the Residential Development Standards will be made to Section I, Site Development, Subsection B.1,
Site Design as follows:
B. SITE PLANNING
(1) Site design:
A project should be designed to fit a site's natural conditions, rather than alter the site to accommodate a stock
building plan. Existing topography should be preserved. The Town will consider proposals to make minor
modification to existing topography where it contributes to good appearance or where necessary, to correct
unacceptable construction conditions (grading, drainage, etc.). Natural grade and vegetation should be retained to
the maximum extent practicable. Excessive cuts and fills must be avoided. Unretained cuts or fills will not be
allowed. The site layout should take into consideration the project's effect on adjacent properties and
neighborhoods (e.g., views, privacy, setbacks, etc.).
WATOPP.WegOd
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PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: AMEND RESIDENTIAL DEVELOPMENT STANDARDS
January 8, 1998
The net site area a
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CONCLUSION:
isc lcda tI
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On December 10, 1997, after reviewing information on this topic from other jurisdictions, considering the option of
amending the Zoning Ordinance, and discussing the current FAR regulations, the Architectural Standards Committee
recommended that the Planning Commission amend the Residential Development Standards. The Planning Commission
recommends that the Council adopt the Resolution Amending the Residential Development Standards (Attachment 1).
ENVIRONMENTAL ASSESSMENTS:
Is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
None.
Attachments:
1. Resolution Amending the Residential Development Standards for Single Family and Two Family Dwellings in all Zones
Except RC and HR.
2. Residential Development Standards for All Single Family and Two Family Dwellings in All Zones Except the Resource
Conservation and Hillside Residential Zones.
3. Slope/FAR Adjustment Table
4. Planning Commission report dated December 4, 1997
5. Draft Minutes from December 10, 1997 Planning Commission meeting
LEB:KS:sm
N:1DEV\CNCLRPTS\A 97-2.TC
SM201CNCLRPTS\A-97-2.TC
RESOLUTION 1998 -
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING THE RESIDENTIAL DEVELOPMENT STANDARDS FOR SINGLE
FAMILY AND TWO FAMILY DWELLINGS IN ALL ZONES EXCEPT RC AND HR
WHEREAS, the Town Council and Planning Commission determined at a Study Session
in February 1997 that Floor Area Ratio (FAR) requirements should account for slope; and
WHEREAS, the Town Council referred the matter to the Architectural Standards/ Hillside
Committee for study; and
WHEREAS, the Architectural Standards/ Hillside Committee reviewed information from
nearby cities about slope and floor area requirements and studied the current Town Code
requirements for FAR in Section 29.40.075; and
WHEREAS, the Architectural Standards/ Hillside Committee and Planning Commission
determined that an amendment to the Residential Development Standards to include FAR
requirements as they relate to slope would provide a guideline to applicants developing sloped lots.
RESOLVED, this amendment to the Residential Development Standards is not a project and
therefore is not subject to CEQA requirements; and
FURTHER RESOLVED, the Town Council amends the "Residential Development
Standards for All Single Family and Two Family Dwellings in All Zones Except the Resource
Conservation and Hillside Residential Zones" Section I, Subsection B.1, as follows:
B. SITE PLANNING
(1) Site design:
A project should be designed to fit a site's natural conditions, rather than alter the site
to accomodate a stock building plan. Existing topography should be preserved. The
Town will consider proposals to make minor modification to existing topography
where it contributes to good appearance or where necessary, to correct unacceptable
construction conditions (grading, drainage, etc.). Natural grade and vegetation should
be retained to the maximum extent practicable. Excessive cuts and fills must be
avoided. Unretained cuts or fills will not be allowed. The site layout should take
into consideration the project's effect on adjacent properties and neighborhoods (e.g.,
views, privacy, setbacks, etc.).
For residential projects which require zoning approval, if a slope is greater
than 10%, then the net lot area shall be reduced according to the following
standard:
Average lot slope Percent of net site area to be deducted
10.01 - 20% 10% plus 2% for each 1% of slope over 10%
20.01 - 30% 30% plus 3% for each 1% of slope over 20%
Over 30% 60%
The net site area after this deduction is calculated shall be used to calculate
the FAR for the site. A perspective drawing showing the project, hillside,
and adjacent homes is required. The perspective drawing shall demonstrate
the scale, mass and fit of the house with the existing slope.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California held on the 20th day of January 1998 by the following vote:
TOWN COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED: /s/
LINDA LUBECK, MAYOR
LOS GATOS, CALIFORNIA
ATTEST:
/s/
MARIAN COSGROVE, TOWN CLERK
LOS GATOS, CALIFORNIA
N:\DEV\RESOS\SFDESIGN.STD
Date: December 4. 1997
For Agenda Of: December 10. 1997
REPORT TO: The Planning Commission
FROM: The Architectural Standards/ Hillside Committee
SUBJECT: Zoning Ordinance Amendment A-97-002
Agenda Item: 1
Public Hearing to consider amending the Town Code to regulate the Floor Area
Ratio (FAR) on sloped lots to be developed with a single or two-family dwelling
in all residential zones (except the RC and HR zones). This matter will not have
a significant impact on the environment, and is, therefore, exempt from the
requirement of the California Environmental Quality Act.
APPLICANT: Town of Los Gatos
FINDINGS: None required.
ACTION: Recommendation to Town Council.
ENVIRONMENTAL It has been determined that this amendment to the Residential Development
ASSESSMENT: Standards is not a project subject to CEQA, pursuant to Section 15061 (b)(3)
of the State Environmental Guidelines as adopted by the Town.
EXHIBIT: A. Resolution Amending the Residential Development Standards for
Single Family and Two Family Dwellings in all Zones Except RC and
HRand Recommending Town Council deny Zoning Ordinance Amendment
A-97-002
B. Residential Development Standards for All Single Family and Two Family
Dwellings in All Zones Except the Resource Conservation and Hillside
Residential Zones
C. Slope/ FAR Adjustment Table
RECOMMENDATION
SUMMARY:
A. BACKGROUND:
Recommend that the Town Council deny Zoning Ordinance Amendment A-97-
002 and adopt Resolution amending the Residential Development Standards to
include wording about FAR on sloped Tots.
At the February 1997 joint study session between Town Council and Planning Commission, the issue of large
houses on sloped Tots was discussed. Commissioners were concerned about the appropriateness of the
current Floor Area Ratio (FAR) requirements as applied to steep lots. The Council referred the matter to the
Architectural Standards/ Hillside Committee.
The Architectural Standards/ Hillside committee considered draft language for updating the FAR as it relates
to slope. The draft was initially worded to amend the Residential Development Standards (Exhibit B, Section
II, Building Design, subsection B). The Committee decided that the language should be included in the Zoning
Ordinance, requiring an amendment to the existing FAR regulations.
However, upon further consideration and discussions with staff, the Committee agreed that the Development
Standards should first be amended to include wording about FAR on sloped lots. After using the amended
Standards for a period of time, the Committee could reconsider the need for a zoning ordinance amendment
in the future.
The Planning Commission - Page 2
Zoning Ordinance Amendment A-97-2
December 4, 1997
On September 10, 1997, the Planning Commission continued this item to December 10, 1997 so the
Committee could add slope considerations to the Residential Development Standards.
B. REMARKS:
The maximum FAR for residential projects is determined by a formula in Section 29.40.075 of the Zoning
Ordinance. The FAR objective is to help determine whether the mass and scale of a project is compatible with
its surrounding neighborhood. On residential sites with slopes greater than 10%, the Town has experienced
that the FAR standard is inadequate in determining compatibility. Homes built to the maximum FAR on such
slopes may interfere with the existing natural terrain and appear incompatible with surrounding homes.
Therefore, as the slope of a lot increases past 10%, a residential addition or new residence should have a
reduced floor area commensurate to the increase in slope.
Possible modifications to residential projects on steep sites which may be subject to the proposed FAR
ordinance are listed below:
• Decrease the living area to be compatible with the existing terrain and slope;
• Decrease the living area and keep finish floor levels close to grade;
• Soften taller massing elements by using smaller elements in the foreground with less floor area;
• Reduce overall building footprint and slope the roof so that it follows the predominant slope.
The effect the amendment to the Development Standards would have on a proposed residence and its total
allowable living area is listed in the Slope/ FAR Adjustment Table (Exhibit C). The Table shows three
scenarios with different sized lots. Column five shows the maximum living area allowed under the current
Ordinance. Column six shows the maximum living area allowed under the modified Standards. As the lot
slope increases, so does the lot area subtracted from the net site area. As the slope increases, the floor area
decreases, as shown in Column 7, Exhibit C).
The Development Review Committee or Planning Commission may require applicant submittal of a
topographic site plan as a result of the modified Standards. The contour lines may be required information
for determining the average slope of the lot. Applicants currently are not required to submit topographic plans,
however the contour lines are often included on the preliminary grading and drainage plans.
The amendment to the Residential Development Standards will be made to Section I, Site Development,
Subsection B.1, Site Design as follows:
B. SITE PLANNING
(1) Site design:
A project should be designed to fit a site's natural conditions, rather than alter the site to
accommodate a stock building plan. Existing topography should be preserved. The Town will
consider proposals to make minor modification to existing topography where it contributes to good
appearance or where necessary, to correct unacceptable construction conditions (grading,
drainage, etc.). Natural grade and vegetation should be retained to the maximum extent
practicable. Excessive cuts and fills must be avoided. Unretained cuts or fills will not be allowed.
The site layout should take into consideration the project's effect on adjacent properties and
neighborhoods (e.g., views, privacy, setbacks, etc.).
For residential projects which require zoning approval, if a slope is greater than 10%, then
the net lot area shall be reduced according to the following standard:
The Planning Commission - Page 3
Zoning Ordinance Amendment A-97-2
December 4, 1997
Average lot slope Percent of net site area to be deducted
10.01 - 20% 10% plus 2% for each 1% of slope over 10%
20.01 - 30% 30% plus 3% for each 1% of slope over 20%
Over 30% 60%
The net site area after this deduction is calculated shall be used to calculate the FAR for the
site. A perspective drawing showing the project, hillside, and adjacent homes is required.
The perspective drawing shall demonstrate the scale, mass and fit of the house with the
existing slope.
C. ARCHITECTURAL STANDARDS/ HILLSIDE COMMITTEE RECOMMENDATION:
The Committee does not recommend adoption of a Zoning Ordinance Amendment to address FAR on sloped
lots (A-97-002). On November 12, 1997, after reviewing information on this topic from other jurisdictions,
considering the option of amending the Zoning Ordinance, and discussing the current FAR regulations. the
Committee recommended that the Planning Commission amend the Residential Development Standards as
shown in the Resolution attached as Exhibit A.
The Planning Commission should then recommend that the Town Council deny Zoning Ordinance
Amendment A-97-002 and adopt the Resolution attached as Exhibit A, amending the Residential Development
Standards.
Lee E. Bowman, Planning Director
Prepared by: Kristine Syskowski , Planner
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TOWN OF LOS GATOS RESIDENTIAL DEVELOPMENT STANDARDS
FOR ALL SINGLE FAMILY AND TWO FAMILY DWELLINGS
IN ALL ZONES EXCEPT THE RESOURCE CONSERVATION
AND HILLSIDE RESIDENTIAL ZONES
INTENT
These development standards shall be used in conjunction with the Architecture and Site Approval process
as set forth in Section 29.20.140 et seq of the Town Code. The standards are designed to compliment the
regulations established in Article IV, Divisions 1, 2, 3, and 4, Chapter 29 and Sections 29.40.750 and
29.20.150 of the Town Code. The standards shall be used by the Planning Commission when considering
applications for Architecture and Site Approval. The standards shall also be used by the Planning Director
when reviewing plans to add a new second story, second story additions exceeding 100 sq. ft. or the
demolition of a portion of a building with a nonconforming setback.
OBJECTIVES
To establish standards for use by the Planning Commission, Town Council, Planning Director and property
owners that provide for the health, safety, welfare and environmental quality of residential neighborhoods.
To provide property owners with specific standards that may be used by architects and engineers to
prepare plans for consideration by the Town.
To preserve and protect the architectural heritage and streetscapes of the Town. To ensure provision of
light and air to the inhabitants of all single family and two family dwellings and provide a reasonable level
of compatibility in the scale of structures.
HISTORIC DESIGNATIONS
Any project affecting a residence that is historically designated or is located in a historic district must be
reviewed by the Historic Preservation Committee prior to Planning Commission consideration if review is
required by the designating ordinance. The project shall be reviewed for compliance with Article VIII,
Division 3, Chapter 29 of the Town Code, the historic designation or historic district ordinance and these
standards.
If a structure is considered to be a contributor to a historic district, any additions shall be appropriately
planned so as to not adversely affect the architectural design or historic integrity of the structure.
CONDITION OF EXISTING RESIDENCE
When an existing residence is proposed to be demolished, the condition of the structure will be taken into
consideration. Town records will be used to determine the condition of the structure whenever possible.
In addition, a detailed report shall be prepared by an architect or registered civil engineer under contract
with the Town at the applicant's expense. The report shall address all aspects of the structures physical
condition (e.g., foundation, plumbing, electrical, etc.).
(7)
DEVELOPMENT STANDARDS
SITE DEVELOPMENT
A. GENERAL
(1) The Planning Commission/Planning Director shall assess the project's overall effect and
compatibility with the surrounding neighborhood. Does the size, height, style or color
conflict with other structures in the neighborhood? The appearance of the residence
should blend with the character of the neighborhood and conform with the existing
streetscape.
(2) The design will be evaluated for its contribution to the Town's unique character and to
the Town's beauty and openness, and on its suitability for its location. Stock building
plans may not be acceptable, due to the lot configuration and topography.
(3) Residential structures that have historic value by virtue of architectural character and
historic association shall be protected. For example, the design of the project must
have respect for the style of the historic structure and the surrounding neighborhood,
especially its relationship to the pattern of existing development (streetscape).
(4) The project should not impair - directly or by the possible total effect of several new
residences - the use, enjoyment, and value of neighboring public and private property.
(5) The location of driveways and parking areas shall be designed to avoid impacts on
adjacent properties and the natural environment.
(6) The design of the proposed residence or addition should complement the site. For
example, are interior spaces oriented to take advantage of outward views, and are there
usable outdoor play areas for children? Are natural topography and trees retained?
The design of a proposed addition shall complement the existing residence.
B. SITE PLANNING
(1) Site design:
A project should be designed to fit a site's natural conditions, rather than alter the site to
accommodate a stock building plan. Existing topography should be preserved. The
Town will consider proposals to make minor modification to existing topography
where it contributes to good appearance or where necessary, to correct unacceptable
construction conditions (grading, drainage, etc.). Natural grade and vegetation should
be retained to the maximum extent practicable. Excessive cuts and fills must be
avoided. Unretained cuts or fills will not be allowed. The site layout should take into
consideration the project's effect on adjacent properties and neighborhoods (e.g., views,
privacy, setbacks, etc.).
(2) Solar Orientation:
The project shall be designed to the maximum extent possible, for passive or natural
heating and/or cooling. One example of passive or natural heating opportunities in the
project design is the design and orientation of a residence in an east/west alignment for
southern exposure. Another example is to design and orient the structure to take
advantage of shade or prevailing breezes. Existing trees should not be removed solely
to provide solar access.
(3)
Shadow Effect:
Al! applications shall, in addition to other required materials, provide a plan showing all
structures and other important features on adjacent properties and the winter/summer
shadow lines at 9:00 a.m., noon and 3:00 p.m. that will result from the proposed project.
The plan shall also indicate height and number of stories of the adjacent structures.
(4) Easements/Dedications:
Project plans shall show all existing easements and required dedications. Structures
shall not be located across and shall not project into any existing or proposed
easements. The Engineering Department should be contacted by the project applicant
to determine if new dedications and/or easements are required.
II. BUILDING DESIGN
A. HARMONYICOMPATiBILITY
The proposed project must have a harmonious and compatible relationship with the
surrounding neighborhood. The factors which contribute to the relationship include but are
not limited to the following:
an appropriate design theme;
an appropriate sense of scale;
a compatible roof line;
colors, exterior materials and details;
lot coverage/setbacks which complement adjacent structures and uses.
In order for the Planning Commission/Planning Director to fully analyze factors 1) through
3), all applications shall be accompanied by a streetscape of the project vicinity both in
elevation and plan view with the proposed structure superimposed. The plan view shall
indicate the number of stories and approximate height of the surrounding structures. The
streetscape shall include both sides of the street. All applications that require Planning
Commission approval shall include photographs of the subject site and neighboring
properties on both sides of the street. Both the streetscape and the photographs shall
include a sufficient number of homes to provide the Commission/Director with a thorough
impression of the neighborhood. Examples of items to be considered are:
(1) the design of the elevation facing an adjacent structure as well as a public street;
(2) accessory structures, parking areas, decks, trash collection areas and other
utilitarian areas should be located in a manner that is sensitive to adjacent
structures;
(3)
compatibility of the structure with the existing neighborhood.
B. SCALE AND MASS
Architectural features such as eave lines, roof forms, dormers, bays, chimneys, detailing,
building facade articulation and footprint shall be effectively utilized to maintain a scale
consistent with neighboring structures. Large undifferentiated wall planes on the street
elevation will not be allowed.
(1)
Second Story Additions and Two-story dwellings
The Town has identified a trend towards the development of two story
houses and second story additions in the Los Gatos residential community.
One of the unique traits of Los Gatos is the variety of house sizes, shapes
and designs especially in the R-1 and R-1:D zones.
While there are many creative second story designs, the Town is concerned
that property owners and developers are restricting their design altematives
to only second story. A continuation of this trend could jeopardize the
character of our neighborhoods.
To maintain a proportionate distribution of single -story and two-story
housing stock in Los Gatos, property owners and designers are
encouraged to strongly consider single -story designs as viable
development alternatives. if a second -story design is chosen, the
applicants shall be required to explain why a single -story design does not
work.
Many of our smaller houses on lots less than 5,000 square feet represent
the Town's affordable housing stock. Significant additions to these homes
not only can overwhelm the site, it can diminish the affordability of the
property without contributing positively to the neighborhood street scape.
Second story additions on lots smaller than 5,000 square feet may be
inappropriate and may not be approved due to lot constraints, lack of open
space or on -site parking, or due to mass and scale. Additionally, two story
designs that cast shadows on the yards of adjacent properties or infringe
on a neighbor's privacy may not be approved.
C. EXTERIOR MATERIALS AND COLORS
Where the exterior materials are deemed to be an essential element of an existing home,
the new materials should match those of the existing structure. Special consideration shall
be given to the exterior materials of historic structures to ensure that the proposed
materials are characteristic of the architectural style and/or match those of the existing
structure. All plans shall indicate the proposed color scheme. Although the selection of
exterior paint color(s) is a personal decision, the color(s) should be restrained — not harsh
or garish — and should compliment streetscape.
D. BUILDING COMPONENTS
Building components such as windows, doors, eaves and parapets should be arranged and
detailed to create a united architectural composition appropriate to the character of the
neighborhood.
E. ENERGY CONSERVATION
A project should be designed to minimize mechanical heating and cooling. Sunlight should
be used for direct heating and illumination whenever possible. Natural ventilation and
shading should be used to cool the interior of the house.
F. PRIVACY
All new construction shall be designed to minimize views into the windows of adjacent
structures and outdoor recreation areas by carefully selecting the location of windows or
through the use of louvers or frosted glass. This design standard is not intended to prohibit
two story structures.
III. LANDSCAPING/OPEN SPACE
A. GENERAL
Existing trees shall be preserved to the maximum extent possible in accordance with
Section 29.10.0965 of the Town Code. All proposed landscaping shall comply with the
Town's Landscaping Policies for Applications for Zoning and Subdivision Approvals as set
forth by Resolution.
B. PRIVATE OPEN SPACE
(1) General:
Each one or two (2) bedroom dwelling shall provide a minimum of 500 square feet
of private open space. The open space shall be proportional to the number of
bedrooms in the dwelling. For each additional bedroom in excess of two (2)
bedrooms, the open space area shall be increased by 100 square feet. (Example:
A four (4) bedroom dwelling shall provide 700 square feet of open space area).
The open space provided shall be exclusive of the required yard areas (except for
the required rear yard).
(2) Screening:
Screening of the patio and outdoor activity areas shall be reviewed far its
compatibility with fencing and landscaping requirements.
IV. MODIFICATION OF DEVELOPMENT STANDARDS
These development standards are established as guidelines which reflect current Town policy for
community design. In the event a project might be adversely affected by these standards, the
applicant may present a written request for modification through the Architectural and Site Approval
process. If the Planning Commission deems the requested modification worthy of favorable
consideration, the modification may be allowed provided that findings are made that such
modification will not be detrimental to the health, safety, general welfare and quality of life of the
project residents and of the surrounding neighborhood. If the modification is not allowed by the
Planning Commission, the applicant may appeal to the Town Council. No modification of these
development standards may be considered without a public hearing.
Los Gatos Planning Commission
Minutes of December 10, 1997
on this evening's agenda.
There was no one in the audience wishing to speak during verbal communication.
REQUESTED CONTINUANCES
HERNANDEZ AVENUE, 55. (00.08)
Request to initiate proceedings to designate site with a Landmark Historic Preservation overlay zone.
There was no one in the audience to speak to this matter.
Motion by Commissioner Nachison, seconded by Commissioner Morgan to continue this matter to
February 25, 1998.
Carried unanimously. Commissioner Jensen absent.
REPORT FROM PLANNING DIRECTOR
Mr. Bowman reported on two Town Council Meetings. Items included:
1. General Plan Committees recommendation regarding funding for a specific Planner for the area North
of Lark Avenue, West of Los Gatos Boulevard.
2. Appeal of 16190 Los Gatos Blvd. Council upheld the Planning Commissions decision with
modification to the roof line.
3. Council adopted Resolutions allowing for trial period of Valet Parking in the Downtown.
4. Council modified the recommendation regarding the construction of residential development at 16673
Lark Avenue. This is rescheduled for January 20, 1998.
5. Council considered recommendations from all committees and the Planning Commission for the Los
Gatos Blvd. plan and design standards. Council adopted the plan and design standards, omitting any
reference to the bike lanes or narrowing of lanes on Los Gatos Blvd. Council amended the plan to
restripe lanes to eleven feet, without a bike lane. There will be a study after one year and Council will
review the matter at that time. The action will be formalized by Resolution.
CONSENT CALENDAR
Chair Decker stated that there were no Items scheduled for the Consent Calendar this evening.
CONTINUED PUBLIC HEARINGS
Chair Decker explained the procedure for Public Hearings.
Zoning Ordinance Amendment A-97-0002. (00.01)
Public Hearing to consider amending the Town Code to regulate the Floor Area Ratio (FAR) on
sloped lots to be developed with a single or two-family dwelling in all residential zones (except the
RC and HR zones). This matter will not have a significant impact on the environment, and is,
therefore, exempt from the requirement of the California Environmental Quality Act. APPLICANT:
Town of Los Gatos. Continued from September 10, 1997.
There was no one in the audience to speak to this matter.
Commissioner Abkin questioned the decision to amend the Standards.
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Los Gatos Planning Commission
Minutes of December 10,1997
Commissioner Nachison explained that the Ordinance was not amended because it was a cumbersome
process and expensive and the Committee preferred to have a formula that would streamline the process and
be cost effective. The Committee was recommending a review at a later date.
Commissioner Pacheco stated that the idea was to simplify the process.
Commissioner Abkin questioned if there were any legal implication if the Ordinance was not amended.
Mr. Korb stated that it was not law, it was policy and would allow for greater flexibility.
Commissioner Nachison stated that the Committee wanted to see how effective it was as a policy before
putting it into the law.
Chair Decker stated that the matter was "open ended" and she has concern that it will be lost in the future.
Mr. Bowman explained that the matter would be "adopted guidelines" and is similar to other issues
which contain adopted guidelines.
Commissioner Abkin stated his concern regarding inconsistency between the Ordinance and standards and if
it would be enforceable.
Mr. Bowman explained that the Ordinance states that the FAR is a "guideline" and allows flexibility.
Motion by Commissioner Pacheco, seconded by Commissioner Nachison to deny Zoning
Ordinance amendment A-97-002 and recommend that the Town Council adopt the Resolution
amending the Residential Development Standards to include wording regarding the FAR on sloped
lots.
COMMISSION COMMENTS
Commissioner Morgan will support the motion and is happy to see some control regarding the FAR in the
hills.
Carried unanimously. Commissioner Jensen absent.
NEW PUBLIC HEARINGS
Chair Decker explained the procedure regarding the timer being used for speakers addressing the Commission
this evening.
SANTA CRUZ AVENUE NORTH, 634/PRJ-97-040/ND-97-2. (00.02)
Requesting Architectural and Site approval to demolish a pre-1941 residence to construct a new
retail and office building on property zoned C-1. No significant environmental impacts have been
identified as a result of this project and a Negative Declaration is recommended.
APPLICANT/OWNER: Michael Shadman.
Chair Decker stated that the request for demolition has been granted by the Town Council and shall not be
considered by the Planning Commission.
Michael Shadman, 45 Cabot Ave, #123, Santa Clara, Owner, thanked the Commission for insisting on good
3
RESOLUTION 1998 - 7
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING THE RESIDENTIAL DEVELOPMENT STANDARDS FOR SINGLE
FAMILY AND TWO FAMILY DWELLINGS IN ALL ZONES EXCEPT RC AND HR
WHEREAS, the Town Council and Planning Commission determined at a Study Session in
February 1997 that Floor Area Ratio (FAR) requirements should account for slope; and
WHEREAS, the Town Council referred the matter to the Architectural Standards/ Hillside
Committee for study; and
WHEREAS, the Architectural Standards/ Hillside Committee reviewed information from
nearby cities about slope and floor area requirements and studied the current Town Code
requirements for FAR in Section 29.40.075; and
WHEREAS, the Architectural Standards/ Hillside Committee and Planning Commission
determined that an amendment to the Residential Development Standards to include FAR
requirements as they relate to slope would provide a guideline to applicants developing sloped lots.
RESOLVED, this amendment to the Residential Development Standards is not a project and
therefore is not subject to CEQA requirements; and
FURTHER RESOLVED, the Town Council amends the "Residential Development
Standards for All Single Family and Two Family Dwellings in All Zones Except the Resource
Conservation and Hillside Residential Zones" Section I, Subsection B.1, as follows:
B. SITE PLANNING
(1) Site design:
A project should be designed to fit a site's natural conditions, rather than alter the site
to accommodate a stock building plan. Existing topography should be preserved.
The Town will consider proposals to make minor modification to existing topography
where it contributes to good appearance or where necessary, to correct unacceptable
construction conditions (grading, drainage, etc.). Natural grade and vegetation should
be retained to the maximum extent practicable. Excessive cuts and fills must be
avoided. Unretained cuts or fills will not be allowed. The site layout should take into
consideration the project's effect on adjacent properties and neighborhoods (e.g.,
views, privacy, setbacks, etc.).
For residential projects which require zoning approval, if a slope is greater
than 10%, then the net lot area shall be reduced according to the following
standard:
Average lot slope Percent of net site area to be deducted
10.01 - 20% 10% plus 2% for each 1% of slope over 10%
20.01 - 30% 30% plus 3% for each 1% of slope over 20%
Over 30% 60%
The net site area after this deduction is calculated shall be used to calculate
the FAR for the site. A perspective drawing showing the project, hillside, and
adjacent homes is required. The perspective drawing shall demonstrate the
scale, mass and fit of the house with the existing slope.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California held on the 20th day of January 1998 by the following vote:
TOWN COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins,
Mayor Linda Lubeck
NAYS: None
ABSENT: None
AB STAIN: None
SIGNED: /s/ Linda Lubeck
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Town Council Minutes January 20, 1998
Redevelopment Agency Los Gatos, California
SIGN REPLACEMENT PROGRAM CONT:
Council comments continued:
* Dark Green background with white letters seemed the easiest to read for street signs.
* Welcome to Historic Downtown Los Gatos with an icon was acceptable and especially
needed at the south exit by Wood Road and the bus depot.
* Renumbering of the parking lots in a logical order is desirable.
* All Commissions, Boards and Committees, The Downtown Streetscape Committee and the
Community should be asked to review this report and offer comments.
* A consensus should be arrived at by budget time so it can be included in the CIP for next
year.
FLOOR AREA RATIO/FAR/ON SLOPED LOTS/RESOLUTION 1998-7 (17.27)
Mayor Lubeck stated that this was the time and place duly noted to consider Planning
Commission recommendations to adopt a resolution amending the residential development
standards to include wording about floor area ratio (FAR) on sloped lots.
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1998-7 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AMENDING THE RESIDENTIAL
DEVELOPMENT STANDARDS FOR SINGLE FAMILY AND TWO FAMILY DWELLINGS IN
ALL ZONES EXCEPT RC AND HR. Carried unanimously.
PLANNING COMMISSION APPOINTMENTS (18.20)
Motion by Mr. Hutchins, seconded by Mr. Blanton, that Council confirm the terms of three
Planning Commissioners as follows: Sandy Decker term to expire 1/31/02; Joe Pirzynski term
to expire 1/31/02; and Paul Bruno term to expire 1/31/00. Carried unanimously.
SANTA CLARA VALLEY WATER COMMISSION REPRESENTATIVES (19.20)
The assigned representatives and other councilmembers have conflicting schedules to be able
to attend these daytime meetings. The representatives to the Santa Clara Valley Water
Commission will remain as originally appointed and if they are unable to attend, Council
alternates will be called and asked if they will be able to attend one of the meetings.
COUNCIL COMMITTEE REPORTS:
Linda Lubeck reported on the newly formed West Valley Cities Solid Waste Joint Powers
Authority and its first organizational meeting at which the contract negotiations binders were
distributed and Jillian Mirand was appointed Chair and Mrs. Lubeck was appointed Vice Chair.
Randy Attaway reported on the Emergency Preparedness Committee and the suggestion of the
new Director. The request had been for the Director to meet with each Councilmember
seperately, one on one, instead of meeting as a single public entity. This did not seem
appropriate to Mr. Attaway.
ADJOURNMENT
Mayor Lubeck adjourned this evening's meeting at 10:33 p.m.
ATTEST:
Marian V. Cosgrove, Town Clerk
TC:D10:MM012098 7