Item 2 - Staff Report.146 Robin Wy
PREPARED BY: DIEGO MORA
Assistant 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: 07/22/2020
ITEM NO: 2
DATE: July 17, 2020
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider an appeal of a Development Review Committee decision approving
a request for demolition of an existing single-family residence, and
construction of a new single-family residence on property zoned R-1:10.
Located at 146 Robin Way. APN 532-12-015. Architecture and Site
Application S-19-043. Property Owners: Mehrdad and Leila Dehkordi.
Applicant: Gary Kohlsaat. Project Planner: Diego Mora.
RECOMMENDATION:
Deny the appeal of a Development Review Committee decision approving a request for
demolition of an existing single-family residence, and construction of a new single-family
residence on property zoned R-1:10 located at 146 Robin Way.
PROJECT DATA:
General Plan Designation: Low Density Residential
Zoning Designation: R-1:10
Applicable Plans & Standards: General Plan, and Residential Design Guidelines
Parcel Size: 13,112 square feet
Surrounding Area:
Existing Land Use General Plan Zoning
North Residential Low Density Residential R-1:10
South Residential Low Density Residential R-1:10
East Residential Low Density Residential R-1:10
East Residential Low Density Residential R-1:10
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SUBJECT: 146 ROBIN WAY/S-19-043
DATE: JULY 17, 2020
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CEQA:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act, Section 15303: New Construction or Conversion of
Small Structures.
FINDINGS:
▪ The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15303: New
Construction or Conversion of Small Structures.
▪ As required by Section 29.10.09030(e) of the Town Code for the demolition of existing
structures:
1. The Town’s housing stock will be maintained as the single-family residence will
be replaced.
2. The existing structures have no architectural or historical significance, and are in
poor condition.
3. The property owner does not desire to maintain the structures as they exist; and
4. The economic utility of the structures was considered.
▪ The project is in compliance with the Residential Design Guidelines for single-family homes
not in hillside residential areas.
▪ The project is in compliance with the Residential Design Guidelines, and the applicant has
further revised the design to respond to the concerns of the neighbors by lowering the
height, replacing the flat roof parapet over the front bay with a gable, and changing the
materials to warmer colors. The project is not the largest for FAR in the neighborhood,
meets the objective standards of the zoning code, is a single -family transitional style
compatible with the ranch houses in the neighborhood in terms of massing and scale, and
was reviewed by the consulting architect and the applicant responded to the
recommendations.
CONSIDERATIONS:
▪ As required by Section 29.20.150 of the Town Code , the considerations in review of an
Architecture and Site application were all made in reviewing this project.
ACTION:
The decision of the Planning Commission is final unless appealed within ten days.
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SUBJECT: 146 ROBIN WAY/S-19-043
DATE: JULY 17, 2020
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BACKGROUND:
The subject property is located on the east side of Robin Way (Exhibit 1). The lot is
approximately 13,112-square feet with an existing 2,466-square foot single-story residence
with a 542-square foot garage. The immediate neighborhood contains one-story residences.
On November 13, 2019, the applicant submitted an Architecture and Site application for the
demolition of an existing single-family dwelling, construction of a new 3,737-square foot single-
story residence, and a 508-square foot attached garage.
The proposed project meets all technical requirements of the Town Code including parking,
height, floor area, setbacks, and building coverage.
On June 9, 2020, the Development Review Committee (DRC) approved the Architecture and
Site application with an additional condition to address privacy concerns from the adjacent
neighbor as detailed in the Discussion section of this report.
On June 19, 2020, the decision of the DRC was appealed to the Planning Commission by the
adjacent neighbor (appellant), due to concerns regarding privacy (Exhibit 14).
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The subject site is located on the east side of Robin Way (Exhibit 1). The surrounding
properties are one-story single-family residences with Ranch Style architecture.
B. Project Summary
The applicant is proposing to construct a new 3,737-square foot one-story single-family
residence with an attached 508-square foot garage (Exhibit 16). The proposed residence
would be located within the area of the existing development.
C. Zoning Compliance
A single-family residence is permitted in the R-1:10 zone. The proposed residence is in
compliance with the allowable floor area, height, setbacks, and on -site parking
requirements for the property.
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SUBJECT: 146 ROBIN WAY/S-19-043
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DISCUSSION:
A. Architecture and Site Analysis
The applicant is proposing to construct a new single-family residence with 3,737 square feet
of living space, and a 508-square foot attached garage. The proposal also includes an
attached open and covered loggia at the east end of the proposed residence which does not
count towards floor area maximums. The maximum height of the proposed residence is 18
feet 1 inch, where a maximum of 30 feet is allowed.
The proposed project materials include a standing seam metal roof, integral colored stucco,
stone veneer siding, horizontal wood siding, and metal windows and trim. A color and
materials board are included with this staff report (Exhibit 5). The applicant has provided a
Written Description/Letter of Justification detailing the project (Exhibit 6). The project data
sheet is attached as Exhibit 4 and includes additional information regarding the proposed
project.
B. Building Design
The Town’s Consulting Architect reviewed the design of the proposed project within the
neighborhood context to provide recommendations regarding the building design (Exhibit
7). The site is in a neighborhood of one-story Ranch Style homes. In the Issues and
Concerns background section of the report, the Consulting Architect noted that the home
fundamentally fits the Ranch Style, but identified issues with the Town’s Residential Design
Guidelines. In the Recommendations section of the report, the Consulting Architect made
the following recommendation(s) to address consistency with the Residential Design
Guidelines:
1. Simplify the taller boxy elements on the front façade.
2. Limit the wood siding to accent locations (e.g., recessed entry, rear patio and right-side
pop out).
3. Select a less prominent garage door compatible with the Ranch Style of the home and
the immediate neighborhood.
4. Select a roof material more similar to other homes in the immediate neighborhood.
5. Use wood or other non-metal windows with traditional jamb dimensions.
6. Use wood trim at all windows and doors.
7. Simplify the wood pop up and roof on the rear façade and right-side elevation.
The applicant revised the project to incorporate the Consulting Architect’s
recommendations prior to the May 19, 2020 DRC public hearing (Exhibit 9).
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SUBJECT: 146 ROBIN WAY/S-19-043
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DISCUSSION (continued):
Following the May 19, 2020 DRC hearing, the applicant further revised the design to
respond to the concerns of the neighbors by lowering the height, replacing the flat roof
parapet over the front bay with a gable, and changing the materials to warmer colors prior
to DRC approval.
C. Neighborhood Compatibility
The immediate neighborhood is made up of one-story single-family residences. Based on
Town and County records, the residences in the immediate area range in size from 1,973-
square feet to 3,967-square feet. The floor area ratios range from 0.139 to 0.307. The
proposed residence would be 3,737-square feet with a floor area ratio of 0.285. Pursuant
to Town Code, the maximum allowable square footage for the 13,112-square foot lot is
3,738-square feet with a maximum floor area ratio of 0.285. The table below reflects the
current conditions of the immediate neighborhood:
Address Zoning House Garage Total Lot Size FAR Garage
FAR
No. of
Stories
146 Robin Way (Ex.) R-1:10 2,466 542 3,008 13,112 0.130 0.047 1
146Robin Way (Prop.) R-1:10 3,737 508 4,245 13,112 0.285 0.039 1
106 Robin Way R-1:10 2,299 494 2,793 10,710 0.215 0.046 1
112 Robin Way R-1:10 2,411 430 2,841 7,866 0.307 0.055 1
118 Robin Way R-1:10 2,287 550 2,837 11,160 0.205 0.049 1
122 Robin Way R-1:10 2,821 600 3,421 14,627 0.193 0.041 1
126 Robin Way R-1:10 3,967 561 4,528 23,580 0.168 0.024 1
136 Robin Way R-1:10 2,445 561 3,006 16,758 0.146 0.033 1
140 Robin Way R-1:10 2,149 552 2,701 15,423 0.139 0.036 1
150 Robin Way R-1:10 2,178 400 2,578 14,308 0.152 0.028 1
156 Robin Way R-1:10 1,973 506 2,479 11,132 0.177 0.045 1
The proposed residence would not be the largest home in the immediate neighborhood in
terms of square footage or FAR.
The applicant reached out to surrounding neighbors during the review process and reported
not receiving any initial concerns (Exhibit 15).
D. Tree Impacts
The Town’s Arborist prepared a report for the site and recommendations for the project
(Exhibit 8). The project site contains one protected tree. The applicant is proposing to
remove four fruit trees and one protected tree. The existing protected tree proposed for
removal is a Fir tree located on the rear east corner of the property.
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DISCUSSION (continued):
If the project is approved, tree protection measures would be implemented prior to and
during construction. Replacement trees would also be required to be planted pursuant to
Town Code.
E. Development Review Committee
The DRC held a public hearing for the Architecture and Site application on May 19, 2020.
Written public hearing notices were sent to surrounding property owners and occupants
within 300 feet of the subject property.
Several neighbors, including Robert Buxton, Gordon Yamate, Liz Crites, Lora Lee and Jim
Zaky, and Mark Willey, submitted correspondence or spoke on the item. Mr. Yamate
submitted correspondence voicing his support for the project. Other neighbors raised
concerns about the compatibility of the project with the neighborhood in terms of size,
scale, and design. The DRC continued the item to June 2, 2020 to allow the applicants to
address neighbor concerns. On June 2, 2020 the item was continued to June 9, 2020.
During the continuance, the applicant met with the neighbors and further revised the
design to respond to the concerns by lowering the height, replacing the flat roof parapet
over the front bay with a gable, and changing the materials to warmer colors. The story
pole installation was revised and certified to represent the lowered height.
At the June 9, 2020 DRC public hearing, several neighbors, including Gordon Yamate, Lora
Lee and James Zaky, Liz Crites, and Robert Buxton spoke on the item.
Mr. Yamate spoke to voice his support for the project. Ms. Crites and Mr. Buxton raised
concerns related to architecture, mass, and scale compatibility. The Zaky’s raised concerns
regarding views to the north, scale, and privacy impacts associated with the removal of
apple trees and landscaping. The applicant agreed to a condition of approval to install an
eight-foot fence and increased landscape screening for privacy on the south side, and Mr.
Zaky confirmed he would be amenable to that condition; however, he did not feel it would
fully address his concerns (Exhibit 13).
The DRC found that the application was complete and in compliance with the Town Code
and Residential Design Guidelines. Based on these findings and considerations, the DRC
approved the proposed project, subject to the recommended conditions of approval
(Exhibit 3).
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SUBJECT: 146 ROBIN WAY/S-19-043
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DISCUSSION (continued):
F. Appeal
On June 19, 2020, the decision of the DRC was appealed to the Planning Commission by the
adjacent neighbor, James Zaky (Exhibit 14). The specific reasons for the appeal are provided
below, followed by analysis in italic font.
“Secure commitment from applicant to address privacy concerns. The DRC proposed the
applicant replace the existing 5’ fence w/an 8’ fence between 146:140 Robin Way. Both
parties agreed in concept. We are requesting a formal commitment by the applicant.”
The existing wood fence is six-feet tall and in conformance with Town Code sec. 29.40.0315,
which states that fences may not exceed six feet in height with a one-foot lattice on top.
Condition of approval 11 states that the south side fence shall not be less than eight feet in
height; and screening shall be added to the satisfaction of the Community Development
Director. The final Building permit will not be approved until the condition is met.
G. Environmental Review
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15303: New
Construction or Conversion of Small Structures.
PUBLIC COMMENTS:
Following the filing of the appeal the applicant and appellant have met. On July 14, 2020, the
applicant reported having met with the appellant on July 9, 2020 to discuss the fence and
screening. No update has been provided since July 14, 2020. At the time of this report’s
preparation, the Town has not received any public comment.
Certified story poles, and a project sign including the hearing date, contact information, project
description, were installed on the site; and the written notice of the Development Review
Committee public hearing was sent to neighboring property owners and occupants. Following
the May 19, 2020 public hearing, the story pole installation was revised and certified to
represent the lowered height proposed in response to neighbor concerns. Following the
appeal, written notice of the Planning Commission hearing was sent to neighboring pr operty
owners and occupants, the story poles have remained in place, and the project sign has been
updated to reflect the appeal hearing before the Planning Commission.
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SUBJECT: 146 ROBIN WAY/S-19-043
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CONCLUSION:
A. Summary
The proposed project is in compliance with the Residential Design Guidelines and Town
Code. The applicant has agreed to modify their proposal in an effort to address the privacy
concerns of the adjacent neighbors. Conditions of Approval capture the proposed changes,
specifically condition 11 (Exhibit 3).
B. Recommendation
Staff recommends that the Planning Commission take the following actions to deny the
appeal, uphold the decision of the DRC, and approve the Architecture and Site application:
1. Find that the proposed project is categorically exempt pursuant to the adopted
Guidelines for the implementation of the California Environmental Quality Act, Section
15303: New Construction or Conversion of Small Structures (Exhibit 2);
2. Make the required findings as required by Section 29.10.09030(e) of the Town Code for
the demolition of a single-family residence (Exhibit 2);
3. Make the finding required by the Town’s Residential Design Guidelines that the project
complies with the Residential Design Guidelines (Exhibit 2);
4. Make the required considerations as required by Section 29.20.150 of the Town Code
for granting approval of an Architecture and Site application (Exhibit 2); and
5. Approve Architecture and Site application S-19-043 with the conditions contained in
Exhibit 3 and development plans attached as Exhibit 16.
C. Alternatives
Alternatively, the Commission can:
1. Continue the matter to a date certain with specific direction;
2. Deny the appeal and approve the application with additional and/or modified
conditions;
3. Grant the appeal and remand the application to the DRC with direction for revisions; or
4. Grant the appeal and deny the Architecture and Site application.
EXHIBITS:
1. Location Map
2. Required Findings and Considerations
3. Recommended Conditions of Approval
4. Project Data Sheet
5. Color and Materials board
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EXHIBITS (continued):
6. Project Description and Letter of Justification, dated November 12, 2019
7. Consulting Architect’s Report, dated December 9, 2019
8. Town Arborist’s Report, dated January 16, 2020
9. Applicant’s response to Town’s Consulting Architect’s Report, dated January 6, 2020
10. Public Comments received prior to 10:00 a.m., Tuesday, June 9, 2020
11. May 19, 2020 Development Review Committee meeting minutes
12. June 2, 2020 Development Review Committee meeting minutes
13. June 9, 2020 Development Review Committee meeting minutes
14. Appeal of Development Review Committee received June 19, 2020
15. Applicant’s neighbor outreach efforts
16. Development Plans, received May 28, 2020
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