Item 4 - Staff Report.15960 Rose Ave
PREPARED BY: Ryan Safty
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: 11/13/2019 ITEM NO: 4
DATE: November 7, 2019
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Minor Residential Development Application MR-19-011. Project Location:
15960 Rose Avenue. Appellant: Manoochehr Kadkhodayan. Applicant: De
Mattei Construction. Property Owner: David Doctorow and Sarah Munson.
Consider an appeal of a Community Development Director decision
approving a request for construction of a detached garage exceeding 450
square feet on property zoned R-1:8. APN 410-19-018.
RECOMMENDATION:
Deny the appeal and uphold the decision of the Community Development Director to approve
the application, subject to the recommended conditions of approval.
PROJECT DATA:
General Plan Designation: Low Density Residential
Zoning Designation: Single-Family Residential, R-1:8
Applicable Plans & Standards: General Plan; Residential Design Guidelines
Parcel Size: 25,469 square feet
Surrounding Area:
Existing Land Use General Plan Land Use Designation Zoning
North Residential Low Density Residential R-1:8
South Residential Low Density Residential R-1:8
East Residential Low Density Residential R-1:8 & R-1:8:PD
West Residential Low Density Residential R-1:8
PAGE 2 OF 9 SUBJECT: 15960 Rose Avenue/MR-19-011 DATE: November 7, 2019
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 the Residential Design Guidelines that the project complies with the
Residential Design Guidelines.
ACTION:
The decision of the Planning Commission is final unless appealed within ten days.
BACKGROUND:
The subject property is located approximately 150 feet north-east from the Rose Avenue and
Griffith Place intersection (Exhibit 1). The topographic survey, dated October 1, 2015, found
the lot to be 25,469 square feet in size with an average slope of 11.4 percent. There is an
existing 4,310-square foot two-story residence on the subject property with no garage. The
property previously had an attached two-car garage which was converted to habitable floor
area with building permits in 2015. The immediate neighborhood contains a mix of one- and
two-story residences, and each property in the immediate neighborhood has a garage.
On May 23, 2019, a Minor Residential Development application was submitted for the subject
site. The applicant proposes to construct a 616-square foot detached garage in the side yard
(Exhibit 10).
The proposed project meets all technical requirements of the Town Code including setbacks,
height, floor area, and building coverage.
The Town sent out a Notice of Pending Approval letter on August 16, 2019 to neighboring
residents and property owners (Exhibit 6). The Notice of Pending Approval letter informed
neighbors that the Town intended to approve the application on August 26, 2019, and that any
interested person may appeal the Community Development Director’s decision by September
5, 2019. The application is being reviewed by the Planning Commission because the decision of
the Community Development Director has been appealed (Exhibit 7).
PAGE 3 OF 9 SUBJECT: 15960 Rose Avenue/MR-19-011 DATE: November 7, 2019
PROJECT DESCRIPTION:
A. Project Summary
The applicant is proposing to construct a new 616-square foot detached garage. The two-
car garage would be 15 feet tall and would comply with the minimum five-foot side yard
setback requirement for detached structures (Exhibit 10).
B. Location and Surrounding Neighborhood
The subject property is located approximately 150 feet north-east from the Rose Avenue
and Griffith Place intersection (Exhibit 1). The surrounding properties are one- and two-
story single-family residences, with a mix of architectural styles.
C. Minor Residential Development Application
Approval of a Minor Residential Development Application is required to construct a
detached accessory building exceeding a combined square footage of 450 square feet. The
applicant is proposing to construct a 616-square foot detached garage.
D. Zoning Compliance
The property is zoned R-1:8, which permits a garage in association with a single-family
residence. The proposed detached garage is in compliance with setbacks, height, floor area,
and building coverage requirements.
DISCUSSION:
A. Minor Residential Development Analysis
The applicant is proposing to construct a new 616-square foot detached garage with an
eight and one-half-foot plate height and a four-foot tall attic space above. The garage
would be built at the end of the existing circular driveway, roughly 30 feet east of the main
residence. The garage would maintain a five-foot setback from the adjacent side property
line and would be setback roughly 125 feet from the front property line.
The development plans show a future accessory dwelling unit (ADU) connected to the
proposed detached garage, located between the detached garage and main house (Exhibit
10). The ADU is not a part of the Minor Residential Development review and a separate
ministerial permit for the ADU has been reviewed by the Community Development Director.
The applicant’s project description is attached as Exhibit 4. Pictures of the existing
residence are included as Exhibit 5 to assist in the review of the detached garage.
PAGE 4 OF 9 SUBJECT: 15960 Rose Avenue/MR-19-011 DATE: November 7, 2019
DISCUSSION (continued):
B. Building Design
Pursuant to the Town’s Residential Design Guidelines, “additions, accessory buildings, and
secondary units should match the form, architectural style, and details of the original
house” and, “new outbuildings, such as garages, should be clearly subordinate to the main
structure in massing, and should utilize forms, materials, and details which are similar to the
main structure.”
The proposed detached garage would 15 feet tall, have similar roof forms as the main
residence with identical class “A” composition shingled roof, and have a mix of vertical
board and batten and horizontal wood siding to match the main residence. The applicant is
also proposing attic dormers with windows along the roof on both the front and rear
elevations to provide light to an enclosed attic storage space.
C. Neighborhood Compatibility
The immediate neighborhood is made up of single-family residences with attached and
detached garages. Based on Town and County records, garages in the immediate
neighborhood range from 360 square feet to 620 square feet. The subject property is the
only property in the immediate neighborhood without a garage. The proposed garage
would be 616 square feet. Pursuant to Town Code, the maximum allowable garage floor
area for the 25,469-square foot lot with an average slope of 11.4 percent is 1,151 square
feet. The table below reflects the current conditions of the immediate neighborhood:
PAGE 5 OF 9 SUBJECT: 15960 Rose Avenue/MR-19-011 DATE: November 7, 2019
DISCUSSION (continued):
The proposed garage complies with the maximum size allowed per Code and would not be
the largest garage in the immediate neighborhood in terms of square footage or FAR. The
Town Code limits the lot coverage of detached accessory buildings to 15 percent of the lot
area, calculated exclusive of required building setbacks. 15 percent of the subject property,
excluding required building setbacks, is 2,414 square feet. The proposed 616-square foot
building covers approximately four percent of the area.
D. Tree Impacts
There are existing trees on the site between the proposed detached garage and east
property line that are proposed to remain. If the project is approved, tree protection
measures would be implemented prior to and during construction.
E. Community Development Director Review
In accordance with Town Code for the administrative procedure for minor residential
projects (29.20.480), the Town mailed out a Notice of Pending Approval and draft
conditions of approval to neighboring residents and property owners on August 16, 2019.
The Notice of Pending Approval informed neighbors that the Town intended to approve the
application on August 26, 2019, and that any interested person may appeal the Community
Development Director’s decision by September 5, 2019 (Exhibit 6).
The adjacent neighbor to the south at 15980 Rose Avenue (APN 410-19-017), Manoochehr
Kadkhodayan, visited Town Hall on September 3, 2019 to discuss the proposed project and
review the plans. Mr. Kadkhodayan expressed concern regarding privacy with the proposed
attic dormer facing his property, as he has an accessory dwelling unit on the other side of
their shared property line. Additionally, Mr. Kadkhodayan was concerned that work was
proposed on his property because the survey showed the existing driveway pavement
encroaching onto his property.
The applicant was contacted to provide them the opportunity to address the concerns. The
topographic survey (Exhibit 10, Sheet C.0) illustrates that the existing driveway pavement
encroaches onto the neighbor’s property. The applicant verified that no new work is
proposed on the neighboring property. Regarding the privacy concern, the applicant
offered to either remove the windows or obscure the glass; however, the appellant asked
that the dormer be removed entirely from the rear elevation facing his property. No
compromise was reached regarding the neighbor’s privacy concerns.
PAGE 6 OF 9 SUBJECT: 15960 Rose Avenue/MR-19-011 DATE: November 7, 2019
DISCUSSION (continued):
F. Appeal
On September 5, 2019, the decision of the Community Development Director was appealed
to the Planning Commission by Mr. Kadkhodayan (Exhibit 7). The applicant submitted a
written response to the appeal, included as Exhibit 8.
The appellant’s specific reasons for the appeal are provided below, followed by analysis in
italic font.
The gross lot size on the drawing is stated as 25,469 sq. ft. (See Exhibit C of Exhibit 7),
however the recorded lot square feet always has been 21,000 sq. ft. in county records
and also in previous advertisements for the sale (Exhibit D of Exhibit 7, page 1 and 2). I
am wondering where the additional square footage has come up. I would like to
request the surveyor to set the corners especially on my property sides to be checked
by me.
County records indicate the lot is 26,683 square feet in size. The topographic survey
found the lot to be 25,469 square feet in size with an average slope of 11.4 percent. A
foundation certification will be required during construction. This is a standard
requirement for most building permits.
The attached Exhibit C (of Exhibit 7) indicated the existing garage as ZERO footage
which is not correct. There is an existing garage and workshop about the same square
footage as the maximum allowable. (See Exhibit E of Exhibit 7, page 1 and 2).
There is an existing 4,310-square foot two-story residence on the subject property with
no garage. The property previously had an attached two-car garage which was
converted to habitable floor area with building permits in 2015.
The drawing contradicts with the fact for the existing site and the existing building.
The allowable square footage for any addition or garage need to be revisited.
The topographic survey found the lot to be 25,469 square feet in size with an average
slope of 11.4 percent. Pursuant to Town Code, the maximum allowable garage floor
area for a 25,469-square foot lot with an average slope of 11.4 percent is 1,151
square feet. The applicant is proposing to construct a new 616-square foot two-car
detached garage. Town Code limits the lot coverage of detached accessory buildings
to 15 percent of the lot area, calculated exclusive of required building setbacks. 15
percent of the subject property, excluding required building setbacks, is 2,414 square
feet. The proposed 616-square foot building covers approximately four percent of the
area.
PAGE 7 OF 9 SUBJECT: 15960 Rose Avenue/MR-19-011 DATE: November 7, 2019
DISCUSSION (continued):
Even though I don’t see a detached garage drawing, the proposed structure is not
acceptable due to the fact that the dormers on the second floor are very close to my
property and looking directly into my property and back yard and creates a privacy
issue.
The applicant is proposing to construct a new 616-square foot detached garage with
an eight and one-half foot plate height and a four-foot tall attic space above. The
proposed detached garage would be 15 feet tall. The applicant is also proposing attic
dormers with windows along the roof on both the front and rear elevations to provide
light to an enclosed attic storage space.
Regarding the privacy concern, the applicant offered to either remove the windows or
obscure the glass; however, the appellant asked that the dormer be removed entirely
from the rear elevation facing his property.
Show means of drainage from the proposed structure away from 15980 Rose Avenue.
A drainage plan will be required at building permit submittal. This is a standard
requirement for building permits.
I would like the architect and the surveyor to validate the provided information, and
change design and drawings to reflect the existing situation. Please move the
driveway out of my property and toward the left and also include the elevation datum
set for the existing grade at the proposed location to see how high the building is.
The topographic survey illustrates that the existing driveway pavement encroaches
onto the neighbor’s property. The applicant has verified that no new work is proposed
on the neighboring property.
G. 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.
PAGE 8 OF 9 SUBJECT: 15960 Rose Avenue/MR-19-011 DATE: November 7, 2019
PUBLIC COMMENTS:
The Town mailed out a Notice of Pending Approval and draft conditions of approval to
neighboring residents and property owners on August 16, 2019. Following the appeal, the
applicant installed a project identification sign including the Planning Commission hearing date,
contact information, and a project description. Additionally, written notice of the Planning
Commission hearing was sent to neighboring property owners and occupants within 300 feet of
the subject property.
Correspondence between the applicant and appellant following the filing of the appeal are
included as Exhibit 9. Public comments received by 11:00 a.m., Friday, November 8, 2019 are
included as Exhibit 11.
CONCLUSION:
A. Summary
The applicant’s request for approval of a Minor Residential Development application to
construct a new detached garage in excess of 450 square feet has been appealed to the
Planning Commission. The proposed project is in compliance with the Residential Design
Guidelines and Town Code.
B. Recommendation
Staff recommends that the Planning Commission take the following actions to deny the
appeal, uphold the decision of the Community Development Director, and approve the
Minor Residential Development 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 finding required by the Town’s Residential Design Guidelines that the project
complies with the Residential Design Guidelines (Exhibit 2);
3. Approve Minor Residential Development application MR-19-011 with the conditions
contained in Exhibit 3 and development plans attached as Exhibit 10.
PAGE 9 OF 9 SUBJECT: 15960 Rose Avenue/MR-19-011 DATE: November 7, 2019
CONCLUSION (continued):
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 Community Development Director
with direction for revisions; or
4.Grant the appeal and deny the Minor Residential Development application.
EXHIBITS:
1.Location map
2.Required Findings and Considerations (two pages)
3.Recommended Conditions of Approval (two pages)
4.Project Description dated July 31, 2019 (one page)
5.Pictures of existing residence dated August 1, 2019 (3 pages)
6.Notice of Pending Approval and draft conditions, mailed August 16, 2019 (2 pages)
7.Appeal of Community Development Director decision received September 5, 2019 (9
pages)
8.Applicant’s response letter to appeal received October 30, 2019 (one page)
9.Correspondence between applicant and appellant following appeal (14 pages)
10.Development plans, received October 23, 2019 (11 sheets)
11.Public comment received by 11:00 a.m., Friday, November 8, 2019
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