Item 1 - Staff Report.59 N Santa Cruz Ave
PREPARED BY: Sean Mullin, AICP
Associate Planner
Reviewed by: Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 05/27/2020
ITEM NO: 1
DATE: May 22, 2020
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider Approval of a Request for Construction of an Addition to an Existing
Commercial Building Requiring a Variance to Exceed Floor Area Ratio (FAR)
Standards on Property Zoned C-2, Located at 59 N. Santa Cruz Avenue. APN
510-44-029. Variance Application V-19-003. Property Owner/Applicant:
Bean Avenue Associates.
Deemed complete: February 6, 2020
Final date to take action: August 6, 2020
RECOMMENDATION:
Consider approval of a request for construction of an addition to an existing commercial
building requiring a Variance to exceed Floor Area Ratio (FAR) standards on property zoned C-2,
located at 59 N. Santa Cruz Avenue.
PROJECT DATA:
General Plan Designation: Central Business District
Zoning Designation: Central Business District, C-2
Applicable Plans & Standards: General Plan; Commercial Design Guidelines
Parcel Size: 11,270 square feet
Surrounding Area:
Existing Land Use General Plan Zoning
North Commercial Central Business District C-2
East Commercial Central Business District C-2
South Commercial Central Business District C-2
West Commercial Medium Density Residential C-2
PAGE 2 OF 7
SUBJECT: 59 N. Santa Cruz Avenue /V-19-003
DATE: May 22, 2020
CEQA:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act, Section 15301: Existing Facilities.
FINDINGS:
▪ As required, the project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15301: Existing
Facilities.
▪ As required by Section 29.20.170 of the Town Code for granting a Variance application to
exceed floor area ratio (FAR) standards.
▪ That the proposed project is consistent with the applicable Commercial Design Guidelines.
ACTION:
The decision of the Planning Commission is final unless appealed within ten days.
BACKGROUND:
The subject site is located on the southwest corner of N. Santa Cruz and Bean Avenues (Exhibit
1). The subject property is approximately 11,270 square feet, and is developed with a two-
story, 14,786-square-foot commercial building. The existing building, constructed in 1974, is
nonconforming as it exceeds the current maximum allowable FAR standards in the C-2 zone,
established in 1976 and revised in 1984.
The project is being considered by the Planning Commission as the applicant is requesting
approval of a Variance to exceed the maximum allowable FAR standards for the construction of
an addition to accommodate a new elevator within the interior courtyard of the building. The
addition would add 63 square feet to the building, increasing the FAR from 1.282 to 1.287,
where a FAR of 0.60 is allowed in the C-2 zone.
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The subject property is located on the southwest corner of N. Santa Cruz and Bean Avenues
(Exhibit 1) and is developed with a two-story, 14,786-square-foot, commercial building. The
surrounding area is primarily commercial with single-family residential and educational uses
located beyond the immediately adjacent properties to the west.
PAGE 3 OF 7
SUBJECT: 59 N. Santa Cruz Avenue /V-19-003
DATE: May 22, 2020
PROJECT DESCRIPTION (continued):
B. Project Summary
The applicant is requesting approval of a Variance to exceed the maximum allowable FAR
standards for the construction of an addition to accommodate a new elevator within the
interior courtyard of the building. The addition would add 63 square feet to the building,
increasing the FAR from 1.282 to 1.287, where a FAR of 0.60 is allowed in the C-2 zone.
C. Zoning Compliance
The first-floor retail and second-floor office uses are allowed uses in the C-2 zone, and the
footprint of the proposed addition meets the required setbacks and height limitations of
the zone. As described above the applicant is requesting a Variance to exceed the
maximum allowable FAR standards in the C-2 zone.
DISCUSSION:
A. Project Summary
The applicant is proposing to construct a two-story addition located within the interior
courtyard area of the building. The addition would accommodate an elevator providing
access to the building’s second floor. The proposed addition of 63 square feet would
increase the floor area of the building from 14 ,786 square feet to 14,849 square feet, where
6,623 square feet is currently allowed with a FAR of 0.60. The proposed addition would not
be visible from the street, given that it would be located within the interior courtyard area,
and the top of the roof of the addition would be lower than the top of the roof of the
existing building. All new exterior materials would match existing exterior materials.
Floor Area Summary
Square
Footage
Floor Area Ratio (FAR)
Maximum Allowed 6,623 0.60
Upper Floor 7,740 --
Main Floor 7,046 --
Total (Existing) 14,786 1.282
Addition 63 --
Total (Proposed) 14,849 1.287
PAGE 4 OF 7
SUBJECT: 59 N. Santa Cruz Avenue /V-19-003
DATE: May 22, 2020
DISCUSSION (continued):
B. Variance - Floor Area Ratio
Section 29.60.345 of the Town Code states that the expansion of gross floor area of an
existing building in the C-2 zone shall not exceed a FAR of sixty-hundredths (0.60). The
existing FAR of the two-story building is 1.282 and exceeds the maximum allowable FAR
standards. The project includes an addition of 63 square feet, which would increase the
FAR to 1.287. The applicant is requesting a Variance to exceed the maximum allowable FAR
standards in the C-2 zone to accommodate a new elevator. The property owner and
applicant have provided several Letters of Justification for the request (Exhibits 4 and 5),
citing the construction date of the building, the need for access to the second floor, and
structural constraints of locating the elevator where it would not increase the FAR.
As required by Section 29.20.170 of the Town Code, the deciding body, on the basis of the
evidence submitted at the hearing, may grant a Variance if it can make the following findings.
1. Because of special circumstances applicable to the property, including size, shape,
topography, location or surroundings, the strict application of th e ordinance deprives
such property of privileges enjoyed by other properties in the vicinity and under
identical zone; and
2. The granting of a variance would not constitute a grant of special privileges inconsistent
with the limitations upon other properties in the vicinity and zone which such property
is situated.
The applicant has submitted letters of justification outlining the need for elevator access to
the second floor of the building (Exhibits 4 and 5). The letters reference the Americans with
Disabilities Act of 1990 (ADA), which requires that elevators or lifts be incorporated into
most multi-story buildings constructed after 1990. ADA law sets the minimum standards for
accessibility and requires public accommodations to remove barriers in existing buildings
where it is easy to do so without much difficulty or expense. The applicant is proposing to
install an elevator for the existing building, which was constructed in 1974, and has
summarized the structural and aesthetic constraints of alternative locations for the elevator
that would not increase the FAR. Given the special circumstance of access requirements
and the constraints presented by the existing building, granting of the Variance to exceed
the maximum allowable FAR standards in the C-2 zone would be consistent with the
privileges enjoyed by other properties in the vicinity under the same zone without
increasing leasable floor area, and would not constitute a grant of special privilege.
PAGE 5 OF 7
SUBJECT: 59 N. Santa Cruz Avenue /V-19-003
DATE: May 22, 2020
DISCUSSION (continued):
C. Neighborhood Compatibility
The immediate area is made up of one- and two-story commercial buildings. Based on
Town and County records, the surrounding buildings’ FARs range from 0.383 to 0.968. The
Neighborhood Analysis table below reflects the current conditions of the immediate area.
FAR Comparison - Neighborhood Analysis
Address Zoning Building
Areas
Gross
Lot Area FAR No. of
Stories
40 N. Santa Cruz Avenue C-2 8,631 8,918 0.968 1
41 N. Santa Cruz Avenue C-2 7,454 10,070 0.740 1
52 N. Santa Cruz Avenue C-2 4,401 9,341 0.471 1
56 N. Santa Cruz Avenue C-2 6,440 8,250 0.781 1
57 N. Santa Cruz Avenue C-2 6,574 12,827 0.513 1
58 N. Santa Cruz Avenue C-2 1,736 2,897 0.599 1
100 N. Santa Cruz Avenue C-2 5,329 9,035 0.590 1
105 N. Santa Cruz Avenue C-2 4,876 12,733 0.383 1
111 N. Santa Cruz Avenue C-2 3,000 4,087 0.734 1
211 Bean Avenue C-2 3,605 5,600 0.644 2
59 N. Santa Cruz Avenue (e) C-2 14,786 11,538 1.282 2
59 N. Santa Cruz Avenue (p) C-2 14,849 11,538 1.287 2
Bold – Exceeds maximum allowable FAR of 0.60 for the C-2 zone
The proposed project would continue to be the largest for FAR in the neighborhood. Six out
of the 11 existing properties listed above, including the existing nonconforming building,
exceed the maximum allowable FAR of 0.60 in the C-2 zone.
D. CEQA Determination
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15301: Existing
Facilities.
PUBLIC COMMENTS:
At this time, the Town has not received any public comment.
PAGE 6 OF 7
SUBJECT: 59 N. Santa Cruz Avenue /V-19-003
DATE: May 22, 2020
CONCLUSION:
A. Summary
The applicant is requesting approval of a Variance to exceed the FAR standards in the C-2
zone for the construction of an addition to an existing two-story commercial building to
accommodate an elevator. The proposed addition of 63 feet would increase the FAR from
1.282 to 1.287, where a maximum FAR of 0.60 is allowed in the C-2 zone. The project is
otherwise consistent with the Zoning Requirements, General Plan, and applicable
Commercial Design Guidelines.
B. Recommendation
Based on the analysis above, and justification provided by the applicant, staff recommends
approval of the Variance application subject to the recommended conditions of approval
(Exhibit 3). If the Planning Commission finds merit with the proposed project, it should:
1. Make the finding that the proposed project is Categorically Exempt, pursuant to the
adopted Guidelines for the implementation of the California Environmental Quality Act,
Section 15301: Existing Facilities (Exhibit 2);
2. Make the findings as required by Section 29.20.170 of the Town Code for granting a
Variance to exceed the maximum allowable FAR (Exhibit 2);
3. Make the finding that the project complies with the applicable Commercial Design
Guidelines (Exhibit 2);
4. Approve Variance application V-19-003 with the conditions contained in Exhibit 3 and
the development plans in Exhibit 7.
C. Alternatives
Alternatively, the Commission can:
1. Continue the matter to a date certain with specific direction; or
2. Approve the application with additional and/or mod ified conditions; or
3. Deny the applications.
PAGE 7 OF 7
SUBJECT: 59 N. Santa Cruz Avenue /V-19-003
DATE: May 22, 2020
EXHIBITS:
1. Location Map
2. Required Findings and Considerations
3. Recommended Conditions of Approval
4. Property owner’s Letters of Justification, received December 2, 2019 and December 9, 2019
5. Applicant’s Letters of Justification, received December 9, 2019
6. Photos of the site, received December 9, 2019
7. Development Plans, received January 13, 2020