Item 3 - Staff Report.17528 Tourney RdPREPARED BY: RYAN SAFTY
ASSOCIATE PLANNER
Reviewed by: Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6874
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 6/12/2019 ITEM NO: 3
DATE: JUNE 7, 2019 TO: PLANNING COMMISSION FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: ARCHITECTURE AND SITE APPLICATION S-18-051. PROJECT LOCATION:
17528 TOURNEY ROAD. APPELLANT: BEVERLEY AND STEVE MILLER APPLICANT: HUNT HALE JONES ARCHITECTS. PROPERTY OWNER: KEVIN EBRAHIMI. CONSIDER AN APPEAL OF A DEVELOPMENT REVIEW COMMITTEE DECISION APPROVING A REQUEST FOR DEMOLITION OF AN EXISTING SINGLE-FAMILY RESIDENCE, REMOVAL OF LARGE PROTECTED TREES, SITE IMPROVEMENTS REQUIRING A GRADING PERMIT, AND CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE ON PROPERTY ZONED HR-2½. APN 537-04-019.
RECOMMENDATION:
Deny the appeal and uphold the decision of the Development Review Committee (DRC) to approve
the application, subject to the recommended conditions of approval.
PROJECT DATA:
General Plan Designation: Hillside Residential
Zoning Designation: Hillside Residential, HR-2½
Applicable Plans & Standards: General Plan; Hillside Development Standards and Guidelines
Parcel Size: 26,412 square feet
Surrounding Area:
Existing Land Use General Plan Land Use Designation Zoning
North Residential Hillside Residential HR-1
South Residential Hillside Residential HR-2½
East Residential Hillside Residential HR-2½
West Residential Hillside Residential HR-2½
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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:
As required, pursuant to the adopted Guidelines for the Implementation of the California
Environmental Quality Act, this project is Categorically Exempt, 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 a single-family
residence.
As required by the Hillside Development Standards and Guidelines that the project complies
with the Hillside Development Standards and Guidelines.
The project is consistent with the Hillside Specific Plan.
CONSIDERATIONS:
As required by Section 29.20.150 of the Town Code for granting approval of an Architecture
and Site application.
ACTION:
The decision of the Planning Commission is final unless appealed within ten days.
BACKGROUND:
The subject property is located on the east side of Tourney Road (Exhibit 1). The lot is
approximately 26,412 square feet with an existing 1,691-square foot single-story residence. The
immediate neighborhood contains a mix of one and two-story residences, along with one three-
story residence.
On December 19, 2014, an application for a new 3,956-square foot one-story single-family
residence and 739 square foot attached garage at the subject site was submitted. On November
18, 2015, the DRC approved the application, and on November 30, 2015, the application was
appealed to the Planning Commission (PC). The appellant cited concerns with the privacy fence
between the two properties and the proposed metal roof. On January 13, 2016, the PC voted
unanimously to deny the appeal and uphold the decision of the DRC approving the application for
a new residence (Exhibit 4). No action was taken on the application for over two years following
the PC decision, resulting in expiration of the Architectural and Site (A&S) approval.
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BACKGROUND (continued):
On September 13, 2018, the current property owner submitted a new A&S application for the
subject site. The applicant proposes to demolish the existing residence and construct a new 3,987-
square foot two-story residence with a 413-square foot side facing attached garage (Exhibit 18).
The proposed project meets all technical requirements of Town Code including parking, setbacks,
height, floor area, and building coverage.
At its May 14, 2019 hearing, the DRC approved the proposed project (Exhibit 5). The application is
being reviewed by the PC because the decision of the DRC has been appealed (Exhibit 13).
PROJECT DESCRIPTION:
A.Architecture and Site Application
A&S approval is required to construct a new residence and for grading in excess of 50 cubic
yards.
B.Location and Surrounding Neighborhood
The subject site is located on the east side of Tourney Road, just south of the terminus of
Tourney Loop (Exhibit 1). The surrounding properties are mostly one-and two-story single-
family residences, with a mix of architectural styles.
C.Zoning Compliance
The property is zoned HR-2½, which permits a single-family residence. The proposed residence
is in compliance with parking, setback, height, floor area, and building coverage requirements.
DISCUSSION:
A.Architecture and Site
The applicant is proposing to construct a new two-story single-family residence with 3,599
square feet of living space on the first floor, 388 square feet of living space on the second floor,
and a 413-square foot attached garage. The proposal also includes a carport adjacent to the
garage and two covered open-room areas at the northern-most end of the proposed building
pad which do not count towards floor area maximums.
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DISCUSSION (continued):
B.Design and Compatibility
The Town’s Consulting Architect reviewed the proposed project (Exhibit 10). The Consulting
Architect had no issues or concerns and felt that the proposed house is well designed with an
identifiable traditional architectural style and details authentic to that style. The Consulting
Architect commented that although the mostly single-story home would have tall plate
heights, the home would not be significantly taller or more massive than the home approved
on this site in 2015. The Consulting Architect had no recommendations for changes.
C.Neighborhood Compatibility
Based on Town and County records, the residences in the immediate area range in size from
3,420 square feet to 6,860 square feet. The FAR’s for the residences range from 0.03 FAR to
0.13 FAR. Based on the information provided at the time, the DRC approved a residence at the
subject property of 4,300 square feet with an FAR of 0.16. However, information provided by
the appellant (Exhibit 13) identified errors with the average slope calculation, which impacts
the net lot area calculation and maximum allowed floor area. Subsequent technical studies
prepared by the applicant’s team verified this error (Exhibit 16), resulting in the proposed
home being reduced to 4,000 square feet with an FAR of 0.15 to comply with maximum floor
area. Pursuant to Town Code, the maximum livable square footage for the lot (with the
updated average slope calculation) is 4,000 square feet.
The following Neighborhood Analysis Table reflects the conditions of the immediate area, with
information on what was previously approved by DRC and what is now proposed:
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DISCUSSION (continued):
In terms of livable square footage, the proposed residence would be the third smallest (eighth
largest) in the immediate area. In terms of house FAR, the proposed residence would have the
largest FAR; however, the subject property (26,412 square feet) is less than half the size of the
average lot size in the immediate area (60,430 square feet). In terms of number of stories, the
proposed residence would be the sixth two-story residence in the immediate area. There is
also one three-story residence in the immediate area.
The applicant has worked with the surrounding property owners for over two years to ensure
there are no concerns with the proposed development and that the proposed house would be
compatible with the neighborhood (Exhibits 11 and 14). The adjacent neighbor to the south
(Miller) has raised concerns regarding the height, massing, and privacy throughout the process,
and appealed the DRC’s decision to approve this project (Exhibit 13).
D.Trees
The project site contains ten protected trees, three of which are considered Large Protected
Trees. The applicant is proposing to remove five of the existing trees, one of which is a Large
Protected Tree.
The Town’s Consulting Arborist prepared a report for the site and recommendations for the
project (Exhibit 9). The Consulting Arborist recommends removal of each of the five trees due
to their existing condition and suitability for conservation with the proposed project. One of
the proposed removals is a Large Protected Tree (Tree #1), which is in irreversible decline and
will need to be removed regardless of the project. The applicant has incorporated the
Consulting Arborist’s recommendations into the final development plans.
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
and in compliance with the Town’s HDS&G.
E.Environmental Review
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of California Environmental Quality Act, Section 15303: New Construction or
Conversion of Small Structures.
F.Development Review Committee
The DRC held a public hearing for the A&S application on May 14, 2019. Written public
hearing notices were sent to surrounding property owners and occupants.
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DISCUSSION (continued):
The following neighbors were in attendance and spoke on the item:
•Steve and Beverley Miller – 17561 Tourney Road
•Dick Clift – 17670 Tourney Road
•Jeff Weinstein – 17500 Tourney Road
The public raised concerns regarding: height and size of the residence, view protection, tree
replacement locations, compliance with the HDS&G, and construction related concerns
(Exhibit 5). Additionally, Mr. Clift raised concerns related to a water line access across his
property.
The DRC found that the application was complete and in compliance with the Town Code and
HDS&G, minus a cut exception to extend the existing walkway behind the house and a fill
exception for a small portion of the front yard area (see table below). Based on the
justification prepared by the applicant for the home design and exception requests (Exhibit
12), the DRC was able make findings to approve the cut and fill exception requests. Conditions
of approval were added to address the concerns related to tree replacements, construction
activities, and utility access, and are shown as bold in Exhibit 3. Based on these findings and
determinations, the DRC approved the proposed project, subject to the recommended
conditions of approval.
GRADING EXCEPTIONS
Cut Exception Maximum cut: 4 feet
(behind the master bath) Proposed cut: 5 feet
Fill Exception Maximum fill: 3 feet
(landscape wall in front yard) Propose fill: 4.5 feet
G.Appeal
On May 14, 2019, the decision of the DRC was appealed to the PC by Mr. Miller (Exhibit 13).
The appellant provided new information to be reviewed by the Planning Commission,
referencing plan errors related to site section drawings, elevation drawings, floor area
calculations, and the average slope calculation, which impacts the net lot area and maximum
floor area. Additionally, the appellant questioned whether the proposed home size and plate
heights should be reduced, asked for a reduction in the size of non-floor area massing (i.e.
carport and covered open-rooms), and requested a preliminary landscape plan.
In response to the appellant, the applicant submitted a response memorandum (Exhibit 16)
and submitted revised plans which addressed the errors related to the section and elevation
drawings and average slope and maximum floor area calculations. The applicant has also
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DISCUSSION (continued):
submitted a preliminary landscape plan (Exhibit 15). The landscape plan calls for landscaping
along the south property line for added privacy screening for the appellants, as well as
proposed trees along the north and west property lines for visual screening of the home as one
drives up Tourney Loop and Tourney Road.
Regarding the average slope calculation, the applicant’s engineer re-surveyed the property and
found that the average slope is 27.3 percent, not 24 percent. This increase in average slope
reduces the net lot area from 15,319 square feet to 12,704 square feet and the maximum floor
area allowed from 4,300 square feet to 4,000 square feet. The applicant proposes to remove
one-foot from the perimeter of the proposed residence to reduce the proposed floor area by
300 square feet in order to comply with the maximum allowed floor area. Condition of
approval #3 has been added, requiring this floor area reduction at time of building permit
submittal (Exhibit 3).
The applicant’s response memorandum (Exhibit 16) and project architect’s response letter
(Exhibit 14) responds to the neighbor’s concerns regarding the home size and plate heights and
summarizes their design efforts. As discussed above, the proposed home complies with height
and floor area limitations, the design was reviewed for architecture and neighborhood
compatibility by the Town’s Consulting Architect, and there are seven larger homes in the
immediate neighborhood. Additionally, prior to going to DRC, the applicant lowered the
proposed building pad by two feet and reduced the wall plate height at the rear of the home
by four feet to address the neighbor’s concerns.
Lastly, buildings not enclosed with walls do not count towards maximum floor area. Therefore,
the carport and two covered open-room areas do not count towards the maximum floor area
of 4,000 square feet. Additionally, the Consulting Architect reviewed the height and massing
of the proposal, including the two open-rooms, and did not have concerns or changes.
On June 7, 2019, the appellant submitted a subsequent response letter to the applicant’s
response memorandum (Exhibit 17), which reiterated their concerns.
PUBLIC COMMENTS:
The applicant previously met with the surrounding neighbors and a summary of that
correspondence is included in Exhibit 11. Story poles and project signage were installed on the
site and written notice of the DRC public hearing was sent to neighboring property owners and
occupants. Following the appeal, written notice of the PC hearing was sent to neighboring
property owners and occupants, the story poles have remained in place and the project sign has
been updated to reflect the appeal hearing before PC. Public comments received regarding the
project are included in Exhibit 19.
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CONCLUSION:
A.Conclusion
The proposed project is in compliance with the HDS&G (minus the cut and fill exception
requests), Hillside Specific Plan, and Town Code. The applicant has made modifications to their
proposal in an effort to address the concerns of the adjacent neighbors.
B.Recommendation
Staff recommends that the PC take the following actions to deny the appeal, uphold the
decision of the DRC, and approve the A&S 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 required finding that the cut and fill exception requests are appropriate and the
project otherwise complies with the Hillside Development Standards and Guidelines
(Exhibit 2);
4.Make the finding that the project complies with the Hillside Specific Plan (Exhibit 2);
5.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
6.Approve Architecture and Site Application S-18-051 with the conditions contained in
Exhibit 3 and development plans attached as Exhibit 18.
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.
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EXHIBITS:
1.Location map
2.Required Findings and Considerations (two pages)
3.Recommended Conditions of Approval (13 pages)
4.January 13, 2016 Planning Commission meeting minutes (portion of) (five pages)
5.May 14, 2019 Development Review Committee meeting minutes (three pages)
6.Project data sheet (one page)
7.Color and materials sample received September 13, 2018 (one page)
8.Hillside Visibility Analysis (six pages)
9.Consulting Arborist’s Report dated December 11, 2018 (35 pages)
10.Consulting Architect’s Report dated October 16, 2018 (four pages)
11.Summary of neighborhood outreach received March 07, 2019 (ten pages)
12.Project Description and Letter of Justification dated March 27, 2019 (four pages)
13.Appeal of Development Review Committee received May 21, 2019 (nine pages)
14.Project architect’s response letter received June 4, 2019 (two pages)
15.Preliminary landscape plans received June 4, 2019 (one page)
16.Response memorandum to appeal received June 6, 2019 (11 pages)
17.Appellant response letter to applicant’s response memorandum to appeal, received June 7,
2019 (two pages)
18.Development plans received June 6, 2019 (17 sheets)
19.Public comment received by 11:00 a.m., Friday, June 7, 2019
Distribution:
Kevin Ebrahimi, 4459 Windsor Park Drive, San Jose, CA 95136
Hunt Hale Jones Architecture, 444 Spear Street, Suite 200, San Francisco, CA 94105
Beverley and Steve Miller, 17561 Tourney Road, Los Gatos, CA 95030
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