Item 8 Staff Report Accept Planning Commission Recommendation to Make no Changes to Single Story Height Restrictions in Residential ZonesCOUNCIL AGENDA REPORT
DATE: September 29, 1997
TO: MAYOR AND TOWN COUNCIL
FROM: TOWN MANAGER
SUBJECT:
MEETING DATE: 10/6/97
ITEM NO. (;-
ACCEPT PLANNING COMMISSION RECOMMENDATION TO MAKE NO CHANGES TO
SINGLE STORY HEIGHT RESTRICTIONS IN RESIDENTIAL ZONES.
RECOMMENDATION:
Accept Planning Commission recommendation to make no changes to single story height restrictions in residential
zones.
BACKGROUND:
At the February 1997 study session, members of the Town Council and Planning Commission expressed interest in
modifying the height restrictions and review process for single family homes because several single story additions were
as tall as a two story home (28 to 30 foot height maximum). The Council referred the matter to the Architectural
Standards/ Hillside Committee for proposal of a single story height restriction.
DISCUSSION:
Town Code (Sections 29.40.410, 29.40.535, 29.40.650, 29.40.745) states that in the Single Family Residential (R-1),
Duplex Residential (R-D), Multiple Family Residential (R-M) and Single Family Residential downtown (R-1D) zones,
"the maximum height of any principal building is thirty feet." Currently, the Town does not have a public review
process for nonhistoric single story additions requiring building permits only.
Staff researched comparable jurisdictions' regulations for single story additions. Cities contacted include Campbell,
Cupertino, Gilroy, Los Altos, Milpitas, Morgan Hill, Mountain View and Saratoga. A summary of each city's
requirements is included in Attachment 1. Most cities did not require a public review process for single story additions.
Only Saratoga sends single story structures over 18 feet high to the Planning Commission. At the Council's request,
staff recommended amending the Administrative Procedure for Minor Residential Projects to include the review of
single story additions over 18 feet in height.
The Architectural Standards/ Hillside Committee determined that such a requirement would be too restrictive and add
unnecessary work load to staff and potentially the Planning Commission. All single story additions are currently
reviewed by Planning staff for compliance with the Zoning Ordinance prior to issuance of Building Permits. The
Committee determined that a Town Code amendment should not be based on a few situations wherein single story
additions were built at 28 to 30 feet high with a potential for framing in a second floor after construction. The Planning
Commission considered the issue and agreed with the Committee.
PREPARED BY: LEE E. BOWMAN F.r
PLANNING DIRECTOR
Reviewed by: Attorney \I Finance
Revised: 9/29/97 3:55 pm
Reformatted: 10/23/95
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MAYOR AND TOWN COUNCIL
SUBJECT: Single story height restriction in residential zones
September 29, 1997
CONCLUSION:
After reviewing height restrictions from other jurisdictions, a draft amendment to the Administrative Procedure for
Minor Residential Projects and the current height regulations, the Architectural Standards/ Hillside Committee
recommended that no new single story height restriction be proposed to the Planning Commission (Attachment 2). The
Planning Commission accepted the Architectural Standards/ Hillside Committee recommendation at the September 10,
1997 public hearing (Attachment 3). The Commission determined that the Town Code requirements and policies in
place are adequate.
ENVIRONMENTAL ASSESSMENTS:
Is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
None.
Attachments:
1. Memo about single story height restrictions, dated May 15, 1997
2. Staff report to Planning Commission dated September 2, 1997
3. Minutes of September 10, 1997 Planning Commission meeting
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MiMORANDL M
PLANNING DEPARTMENT
To: Architectural tandards/ Hillside Committee
From: Lee Bowm , Planning Director
Subject: Single Story Height Restriction
Date: May 15, 1997
)3ACKGROUND:
In a study session on February 22, 1997, members of the Town Council and Planning Commission
expressed interest in modifying the height restrictions and review process for one story single family
homes. Town Code Sections 29.40.410, 29.40.535, 29.40.650, 29.40.745 state that in the single
family residential (R-1), duplex residential (R-D), multiple -family residential (R-M), and single
family residential downtown (R-1D) zones, "the maximum height of any building is thirty (30) feet."
Currently, the Town has no public review process for single story additions requiring building
permits only.
RECOMMENDATION:
Amend Town Code Section 29.20.480, Administrative Procedure for Minor Residential Projects,
to include the review of single story additions over 18 feet in height. The Committee should address
whether the 18 foot height will be maximum or average height.
DISCUSSION:
Eight local planning agencies were contacted to obtain their single story addition requirements.
Excerpts of Zoning Code and Standard from Saratoga, Los Altos, and Cupertino are attached. The
following information summaries the requirements:
Campbell: Maximum building height is limited to 30 feet. No public review process is required.
Cupertino: The height of any principal dwelling in an R-1 zone shall not exceed twenty-eight
feet, not including fireplace chimneys, antennae, or other appurtenances. Heights
exceeding twenty feet shall be subject to second story setback restrictions as follows:
• The minimum front and rear setbacks are twenty feet.
• The minimum side setbacks are ten feet
• In the case of a flag lot the minimum setback is twenty feet from any
property line
• In the case of corner lot a minimum of twelve feet from a street line and
twenty feet from any rear.
No public review process is required.
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5Aa,
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Date: September 2, 1997
REPORT TO:
FROM:
SUBJECT:
FINDINGS:
ACTION:
ENVIRONMENTAL
ASSESSMENT:
For Agenda Of: September 10, 1997
Agenda Item: 12
The Planning Commission
The Architectural Standards/ Hillside Committee
Town Council referral to propose a single story height restriction in single family
residential zones.
None required.
Accept recommendation.
It has been determined that this project is Categorically Exempt pursuant to
Section 15301 of the State Environmental Guidelines as adopted by the Town.
EXHIBITS: A. Memorandum prepared for Architectural Standards Committee from the
Planning Director
RECOMMENDATION
SUMMARY: Accept Architectural Standards/Hillside Committee recommendation.
A. BACKGROUND:
In the February 1997 study session, members of the Town Council and Planning Commission expressed
interest in modifying the height restrictions and review process for one story single family homes. The concern
surfaced because a few recent applications for single story additions had become structures with a 28 to 30
foot height maximum, without a second story. The Council referred the matter to the Architectural Standards/
Hillside Committee for proposal of a single story height restriction.
B. REMARKS:
Town Code Sections 29.40.410, 29.40.535, 29.40.650, 29.40.745 state that in the single family residential (R-
1), duplex residential (R-D), multiple family residential (R-M) and single family residential downtown (R-1D)
zones, "the maximum height of any principal building is thirty feet." Currently, the Town does not have a public
review process for single story additions requiring building permits only.
Staff researched comparable jurisdictions' regulations for single story additions. Cities contacted include
Campbell, Cupertino, Gilroy, Los Altos, Milpitas, Morgan Hill, Mountain View and Saratoga. A summary of
each city's requirements is included in Exhibit A. Most cities did not require a public review process for single
story additions. Only Saratoga sends single story structures proposed over 18 feet high to the Planning
Commission. At the Council's request, staff recommended amending the Administrative Procedure for Minor
Residential Projects to include the review of single story additions over 18 feet in height.
The Architectural Standards/ Hillside Committee did not accept the staff recommendation and agreed that
such a requirement would be too restrictive. The Committee agreed that such a Town Code Amendment
would add unnecessary work load to staff and potentially the Planning Commission, since all single story
additions are currently reviewed by Planning staff for compliance with the Zoning Code. The Committee also
agreed that such a Town Code amendment should not be based on one or two situations.
C. ARCHITECTURAL STANDARDS/ HILLSIDE COMMITTEE RECOMMENDATION:
After reviewing information on this topic from other jurisdictions, reviewing the option of amending the
Administrative Procedure for Minor Residential Projects and reviewing the current height regulations, the
Architectural Standards/ Hillside Committee recommends that the Planning Commission not proceed with any
proposal to create a single story height restriction.
The Planning Commission - Pay_ 2
Single Story Height Restriction
September 10, 1997
The Planning Commission should therefore accept the Committee's recommendation and forward this item
to the Council for information.
Lee E. Bowman, Planning Director
Prepared by: Kristine Syskowski , Planner
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Los Gatos Planning Commission
Minutes of September 10, 1997
NEW OTHER BUSINESS.
Town Council referral to propose a single story height restriction in residential zones. (00.12)
Commissioner Jensen explained that the recommendation was to take no action. Ms. Jensen explained that
they had reviewed a grid of standards and restrictions, from other Cities, and how they were implemented.
The Committee concluded that the discretion and policies, which the Town already has in place, would be
adequate to address any perceived problems. Ms. Jensen indicated that the Committee did not want to
impose any new structure where there was no indication that it was really needed.
Commissioner Nachison explained that the Committee was concerned about seeing every single remodeling
application that related to a single story house over eighteen feet.
Commissioner Morgan questioned imposing a requirement to come before the Planning Commission if there
is a one story house over twenty-five feet tall.
Commissioner Jensen explained that if you are just making a simple addition to your house there shouldn't be
some implementing factor that brings it to the Planning Commission. Ms. Jensen indicated that the "fix"
would create more problems then the one incident which had occurred. Ms. Jensen stated that trying to
formulate a policy based on one incident, is bad policy making.
Chair Decker questioned if DRC had a "trigger" to alert them to any problems.
Mr. Bowman stated that there was no process in place regarding single story houses. Mr. Bowman
explained that any indication of a two story house is reflected in the building permit process.
Motion by Commissioner Nachison, seconded by Commissioner Morgan to accept the Architectural
Standards/Hillside Committee recommendation to leave in place the current standards and process
which pertain to the maximum height of one story buildings of thirty (30) feet.
Carried unanimously. Commissioner Pacheco absent.
Sub Committee Reports (00.13)
Commissioner Abkin stated that there was no report from the Conceptual Development
Committee.
Commissioner Abkin reported that the General Plan Committee has initiated, and are
recommending to the Town Council, a Specific Plan process for the north acreage in Town. Mr.
Abkin is anticipating that it will be a two year process to draft the plan and obtain an EIR. Mr.
Abkin indicated that the property owners were now getting involved.
Chair Decker reported on the ad -hoc committee which was established to speak with the
applicants regarding the Lark Avenue project. Ms. Decker stated that she believes the redesign
of the project will address the concerns that the Commission had regarding open space and
density.
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Town Council Minutes October 6, 1997
Los Gatos, California
ACCOUNTS PAYABLE/RATIFICATION/SEPTEMBER 1997 (04.V)
Motion by Mr. Hutchins, seconded by Mrs. Lubeck, that Council ratify the accompanying check
registers for accounts payable invoices paid on September 12, September 19, and September
26, 1997 in the amount of $702,479.33. Carried unanimously.
TREASURER'S REPORT (05.V)
Informational report submitted by the Treasurer to the Council as of July 31, 1997, was
received and filed.
MINUTES OF SEPTEMBER 15, 1997 (06.V)
Motion by Mr. Hutchins, seconded by Mrs. Lubeck, that Council approve the Minutes of
September 15, 1997, as submitted. Carried unanimously.
SOLID WASTE MANAGEMENT/APPOINTMENTS (07.08)
Motion by Mr. Hutchins, seconded by Mrs. Lubeck, that Council authorize the Mayor to
appoint a Councilmember to the West Valley Solid Waste Management Joint Powers of
Authority Board of Directors. Carried unanimously. (Mrs. Lubeck noted for the record that
she is interested in serving on this committee and explained that she has been serving on the
Solid Waste Commission and has experience with this subject.)
SINGLE STORY/RESIDENTIAL/HEIGHT RESTRICTIONS (08.47)
Motion by Mr. Hutchins, seconded by Mrs. Lubeck, that Council accept Planning Commission
recommendation to make no changes to single story height restrictions in residential zones.
Carried unanimously.
BICYCLE PARKING/MAIN ST W. 101/COFFEE ROASTING CO. (09.40)
Motion by Mr. Hutchins, seconded by Mrs. Lubeck, that Council accept report on Trial Plan
for Bicycle Parking adjacent to 101 W. Main Street. Carried unanimously.
BUDGET REPORT/YEAR END/1996-97 (10.06)
Motion by Mr. Hutchins, seconded by Mrs. Lubeck, that Council accept the 1996-97 Year End
Budget Report and authorize budget adjustments outlined in the report and Attachments A &
B of that report. Carried unanimously.
MUSIC IN THE PLAZA (11.20)
This item was removed from the agenda.
STORM DRAIN EMERGENCY REPAIRS (12.28)
Motion by Mr. Hutchins, seconded by Mrs. Lubeck, that Council authorize a contingency for
storm sewer emergency repairs in anticipation of possible "El Nino" impacts, in each of the 3
basins funded with existing basin fund balances; authorize a budget transfer of $12,000 in Basin
1 from existing fund balance for repairs at Shannon and Short Roads; and authorize a budget
transfer of $25,000 in Basin 2 from existing fund balance for the Lyndon Avenue box culvert
project. Carried unanimously.
TC:D9:MM100697
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