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Item 19 Staff Report Consider Adopting a Resolution Amending the Town Residential Development Standards to Address Demolitions, Replacement Structure and Significant RemodelsCOUNCIL AGENDA REPORT DATE: December 3, 2001 TO: MAYOR AND TOWN M' UNCIL FROM: TOWN MANAGER SUBJECT: MEETING DATE: 12/3/01 ITEM NO. { C9 CONSIDER ADOPTING A RESOLUTION AMENDING THE TOWN RESIDENTIAL DEVELOPMENT STANDARDS TO ADDRESS DEMOLITIONS, REPLACEMENT STRUCTURES AND SIGNIFICANT REMODELS. RECOMMENDATION: Consider adopting a resolution amending the Town's Residential Development Standards to address Demolitions, Replacement Structures and Significant Remodels. BACKGROUND: On September 26, 2001, the Architectural Standards/Hillside Committee reviewed a draft of the revised Residential Development Standards and recommended several changes (for specific changes see Attachment 2, Exhibit A). Staff incorporated those changes and forwarded the draft document to the Planning Commission on November 7, 2001. The Commission recommended approval of the draft document on a 4-0 vote without discussion. The language contained in the document has been slightly modified for clarity but continues to meet it's original intent. DISCUSSION: The proposed amendment to the Town's Residential Development Standards apply to all single family and two-family dwellings in all zones except the Resource Conservation and Hillside Residential zones. This amendment was necessary in order to address the recent increase in the amount of demolitions and large-scale remodels of existing homes which threaten neighborhood compatibility and the small-town character of Los Gatos. PREPARED BY: BUD N. LORTZ DIRECTOR OF COMMUNITY DEVELOPMENT Reviewed by: 'J2Attorney Clerk Finance Community Development Revised: 11/28/01 4:46 pm Reformatted: 5/23/01 PAGE 2 MAYOR AND TOWN COUNCIL RE: AMENDMENT OF TOWN RESIDENTIAL DEVELOPMENT STANDARDS December 3, 2001 Additionally, this amendment addresses goals and policies stated in the 2000 General Plan. Goal L.G.4.1 serves "To preserve and enhance existing community and neighborhood character and sense of place" and policy L.P.4.4 states "Avoid demolitions. If allowed, the replacement house should be similar in size and scale to the original and maintain the neighborhood character". Finally, this proposed amendment to the Residential Development Standards will help staff when reviewing applications for demolitions, replacement structures and significant remodels in order to ensure their compatibility with the existing neighborhood. ENVIRONMENTAL ASSESSMENT: Is not a project defined under CEQA, and no further action is required. FISCAL IMPACT: None Attachments: 1. Draft Resolution 2. Report from the Community Development Director to the Planning Commission dated November 7, 2001. BNL:JC:mdc N:\DEWennifer\TC1RES DEV STNDS.wpd RESOLUTION 2001 - RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING THE TOWN'S RESIDENTIAL DEVELOPMENT STANDARDS WHEREAS, that the Town of Los Gatos Town Council has determined that an update of the residential development standards is necessary; and WHEREAS, that the General Plan 2000 includes policies and implementing strategies supporting this action; and WHEREAS, the Planning Commission recommended approval on November 7, 2001; and THEREFORE BE IT RESOLVED: the Town Council of the TOWN OF LOS GATOS does hereby adopt the amended Residential Development Standards attached hereto as Exhibit A. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the day of , 2001, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:1DEVIRESOSIResidential Development Standards Reso.wpd /s/ Randy Attaway MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Attachment 1 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 Section 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, demolitions, replacement structures, and significant remodels. 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. EXHIB1T A CuNDITION OF EXISTING RESIDENtE 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, registered structural engineer, or registered civil engineer. The report shall address all aspects of the structures physical condition (e.g., foundation, plumbing, electrical, etc.). DEVELOPMENT STANDARDS I. 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? (7) 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 2 topography wnere 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. (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: All 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) Easement/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. HARMONY/COMPATIBILITY 3 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: (1) an appropriate design theme; (2) an appropriate sense of scale; (3) a compatible roof line; (4) colors, exterior materials and details; (5) 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: (A) the design of the elevation facing an adjacent structure as well as a public street; (B) accessory structures, parking areas, decks, trash collection areas and other utilitarian areas should be located in a manner that is sensitive to adjacent structures; (C) 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. 4 While there are many creative second -story designs, the Town is concerned that property owners and developers are restricting their design alternatives 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 streetscape. 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. (2) Demolitions, Replacement Structures, and Significant Remodels The Town is experiencing an increase in the number of applications for demolitions and large-scale remodels of existing homes in many neighborhoods. In an effort to ensure that homes are not arbitrarily demolished and to preserve the character of existing neighborhoods, the Town has recently updated the zoning regulations related to the process involved in demolitions. (See chapter 29 of the Town Code). Significant remodeling of homes that will change the character of the neighborhood, result in a dramatically altered streetscape, or bear no reflection on the original home will require extra scrutiny of design. If the project meets the intent of the Town's ordinance related to a demolition, then it shall be considered a replacement structure and the standards in this document shall apply. In addition, the following criteria shall apply when evaluating the merits of the proposed replacement structure: 1) Predominant architectural style of street/neighborhood 2) Lot size 3) Size of homes on the street on which the subject property is located 4) Neighborhood in transition 5) Impact on site characteristics and surrounding homes, i.e., privacy, shadowing effect and existing vegetation C. EXTERIOK 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 complement the 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). 6 (2) Screening: Screening of the patio and outdoor activity areas shall be reviewed for 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 Architecture 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. N:\DEV\FORMS\RESIDENT03.DEV 7 Date: October 26, 2001 For Agenda Of: November 7, 2001 Agenda Item: 9 REPORT TO: The Planning Commission FROM: Bud N. Lortz, Director of Community Development SUBJECT: Amendment of Town Residential Development Standards to address Demolitions, Replacement Structures and Significant Remodels. ACTION: Recommendation to Town Council. EXHIBITS: A. Redlined version of Residential Development Standards For All Single Family and Two -Family Dwellings In All Zones Except The Resource Conservation and Hillside Residential Zones. RECOMMENDATION SUMMARY: Forward to the Town Council with a recommendation to adopt the Draft revision to the Town of Los Gatos Residential Development Standards. A. BACKGROUND: One of the goals (L.G.4.1) of the 2000 General Plan is "To preserve and enhance existing community and neighborhood character and sense of place". Policy L.P.4.4 states "Avoid demolitions. If allowed, the replacement house should be similar in size and scale to the original and maintain the neighborhood character". To implement this policy staff has amended the Residential Development Standards to insert an additional subheading under the existing Scale and Mass addressing Demolitions, Replacement Structures, and Significant Remodels. The development standards were designed to be used in conjunction with the Architecture and Site Approval process and to help staff when reviewing applications in order to ensure their completeness. B. REMARKS: The Architectural Standards/Hillside Committee reviewed a draft of the revised Residential Standards on September 26, 2001. The Committee recommended several changes. Staff has incorporated these comments into the revised document for your review. Attachment 2 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 Section 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, demolitions, replacement structures, and significant remodels. 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, registered structural engineer, or registered civil engineer. The report shall address all aspects of the structures physical condition (e.g., foundation, plumbing, electrical, etc.). EXHIBIT A DEVELOPMENT STANDARDS I. 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. 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. 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). 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. The location of driveways and parking areas shall be designed to avoid impacts on adjacent properties and the natural environment. 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.). 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 VA 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. 2 (2) Solar ,rientation: 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: All 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) Easement/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. HARMONY/COMPATIBILITY 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: (1) an appropriate design theme; (2) an appropriate sense of scale; (3) a compatible roof line; (4) colors, exterior materials and details; (5) 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. 3 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 alternatives 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 streetscape. 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. (2) Demolitions, Replacement Structures, and Significant Remodels The Town is experiencing an increase in the number of applications for demolitions and large-scale remodels of existing homes in many neighborhoods. In an effort to ensure that homes are not arbitrarily demolished and to preserve the character of existing neighborhoods, the Town has recently updated the zoning regulations related to the process involved in demolitions. (See chapter 29 of the Town Code). Significant remodeling of homes that will change the character of the neighborhood, result in a dramatically altered streetscape, or bear no reflection on the original home will require extra scrutiny of design. If the project meets the intent of the Town's ordinance related to a demolition, then it shall be considered a replacement structure and the standards in this document shall apply. In addition, the following criteria shall apply when evaluating the merits of the proposed replacement structure: 1) Predominant architectural style of street/neighborhood 2) Lot size 3) Size of homes on the street on which the subject property is located 4) Neighborhood in transition 4 5) Impact on site characteristics and suri,..anding homes, i.e., privacy, shadowing effect and existing vegetation 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 complement the 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 for its compatibility with fencing and landscaping requirements. 5 IV. MODIFICATION OF utVELOPMENT 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 Architecture 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. N:\DEV\FORMS\RESIDENT.DEV 6 RESOLUTION 2001-139 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING THE TOWN'S RESIDENTIAL DEVELOPMENT STANDARDS WHEREAS, that the Town of Los Gatos Town Council has determined that an update of the residential development standards is necessary; and WHEREAS, that the General Plan 2000 includes policies and implementing strategies supporting this action; and WHEREAS, the Planning Commission recommended approval on November 7, 2001; and THEREFORE BE IT RESOLVED: the Town Council of the TOWN OF LOS GATOS does hereby adopt the amended Residential Development Standards attached hereto as Exhibit A. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 3' day of December, 2001, by the following vote: COUNCIL MEMBERS: AYES: Steven Blanton, Sandy Decker, Joe Pirzynski, Mayor Randy Attaway. NAYS: Steve Glickman. ABSENT: None ABSTAIN: None SIGNED: /s/ Randy Attaway 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 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 Section 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, demolitions, replacement structures, and significant remodels. 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. EXHIBIT 4+ 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, registered structural engineer, or registered civil engineer. The report shall address all aspects of the structures physical condition (e.g., foundation, plumbing, electrical, etc.). DEVELOPMENT STANDARDS I. 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? (7) 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 2 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. (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: All 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) Easement/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. HARMONY/COMPATIBILITY 3 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: (1) an appropriate design theme; (2) an appropriate sense of scale; (3) a compatible roof line; (4) colors, exterior materials and details; (5) 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: (A) the design of the elevation facing an adjacent structure as well as a public street; (B) accessory structures, parking areas, decks, trash collection areas and other utilitarian areas should be located in a manner that is sensitive to adjacent structures; (C) 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. 4 While there are many creative second -story designs, the Town is concerned that property owners and developers are restricting their design alternatives 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 streetscape. 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. (2) Demolitions, Replacement Structures, and Significant Remodels The Town is experiencing an increase in the number of applications for demolitions and large-scale remodels of existing homes in many neighborhoods. In an effort to ensure that homes are not arbitrarily demolished and to preserve the character of existing neighborhoods, the Town has recently updated the zoning regulations related to the process involved in demolitions. (See chapter 29 of the Town Code). Significant remodeling of homes that will change the character of the neighborhood, result in a dramatically altered streetscape, or bear no reflection on the original home will require extra scrutiny of design. If the project meets the intent of the Town's ordinance related to a demolition, then it shall be considered a replacement structure and the standards in this document shall apply. In addition, the following criteria shall apply when evaluating the merits of the proposed replacement structure: 1) Predominant architectural style of street/neighborhood 2) Lot size 3) Size of homes on the street on which the subject property is located 4) Neighborhood in transition 5) Impact on site characteristics and surrounding homes, i.e., privacy, shadowing effect and existing vegetation 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 complement the 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). 6 (2) Screening: Screening of the patio and outdoor activity areas shall be reviewed for 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 Architecture 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. N:1DEVIFORMS\RESIDENT03.DEV 7 Town Council Minutes Redevelopment Agency December 3, 2001 Los Gatos, California TOWN PLAZA RENOVATIONS/PROJECT 0107/CONCEPT DESIGN APPROVAL CONT. Mr. Attaway spoke of incorporating some original rails from our railroad that could be placed in the park for historic value. If these are set in the walkway they would be less likely to cause a tripping hazard. He asked that flagstone be used in certain areas inside the perimeter of the park, like the bell tower, and that the area around the fountain would appear more natural with the use of flagstone. Council Consensus to approve concept design for the Town Plaza project including the following: to make use of flagstone for walkway material around the fountain, bell tower and certain areas inside the perimeter of the park; to not use tables in the park; that restroom facilities not be included in the plaza park; if there are large events they can bring in port -a -potties; to start a committee to work towards a grand opening event on Sept. 14`h; all Town Committees and Council will be involved; the schools will also be invited to participate. RESIDENTIAL DEVELOPMENT STANDARDS/SIGNIFICANT REMODELS DEMOLITIONS/REPLACEMENT STRUCTURES/RESOLUTION 2001-139 (19.39) Mayor Attaway announced that this was the time and place so noted to consider adopting a resolution amending the Town's Residential Development Standards to address Demolitions, Replacement Structures and Significant Remodels.. Bud Lortz, Community Development Director, spoke of the standards that have worked since 1987. The changes will be made with the consulting Architect who can work with these standards for a period of time, and then polish and enhance them. He will also be asked to include illustrations. Mr. Attaway addressed page 6 and asked that the word "shall" not be used but some other word that might suggest more flexibility. There should be a way for Council to address special circumstances. The appeal process is well stated and the open space issue should be protected as far as possible. Mr. Glickman asked for more flexibility for expanding homes for expanding families. Mrs. Decker noted that the historic neighborhoods would change if growth was not well controlled. Mr. Pirzynski said that Planning is looking at compatibility, harmony, scale, mass, and studying better definitions. He also talked about under grounding for expansion rather than building second stories. Mr. Attaway does not want to prohibit second stories but to encourage looking in other directions first. Mr. Blanton suggested striving for a sense of balance first and to not just limit second stories. The following people from the audience addressed this issue: Ray Davis, resident, spoke about upholding the General Plan. He spoke of non negotiable standards. He said that this policy was not strong enough for a strong land use program. He spoke against the culverting of creeks and asked that this issue be addressed within the open space requirements. Charles Nicora, 6 Forrest Ave., asked for case by case considerations for contractual work on rehab homes. He would like more consistency in ability to remodel older homes. Motion by Mr. Attaway, seconded by Mrs. Decker, that Council adopt Resolution 2001-139 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING THE TOWN'S RESIDENTIAL DEVELOPMENT STANDARDS. (This policy to be reviewed by the consultant who will be on board soon and the update will include illustrations.) Carried by a vote of 4 ayes. Mr. Blanton voted aye but asked for balanced neighborhoods with some second stories allowed. Mr. Glickman voted no asking for softer language on second floor options. 9 TC:D13:MM120301