Item 4 - Staff Report.16940 Roberts Rd
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: 12/11/2019 ITEM NO: 4
DATE: December 6, 2019
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Architecture and Site Application S-19-008 and Subdivision Application
M-19-002. Project Location: 16940 Roberts Road. Property
Owner/Applicant: Josephine Chang. Project Planner: Ryan Safty.
Requesting approval for demolition of an existing single-family residence,
construction of three condominium units that will exceed the floor area ratio
standards, and site improvements requiring a grading permit on property
zoned RM:5-12. APN 529-18-053.
RECOMMENDATION:
Approval, subject to the recommended conditions of approval.
PROJECT DATA:
General Plan Designation: Medium Density Residential
Zoning Designation: R-M:5-12
Applicable Plans & Standards: Residential Design Guidelines
Parcel Size: 12,484 square feet
Surrounding Area:
Existing Land Use General Plan Zoning
North Residential Medium Density Residential R-M:5-12
South Residential Medium Density Residential R-M:5-12
East Residential Medium Density Residential R-M:5-12
West School Public R-1:8:PS
PAGE 2 OF 12 SUBJECT: 16940 Roberts Road/S-19-008, M-19-002 DATE: December 6, 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, and Section 15315: Minor Land Divisions.
FINDINGS:
As required, pursuant to the adopted Guidelines for the Implementation of the California
Environmental Quality Act, this project is Categorically Except, Section 15303: New
Construction or Conversion of Small Structures, and Section 15315: Minor Land Divisions.
As required by Housing Element Policy HOU-8.1 for new housing developments of three
units or more.
As required by Section 66474 of the Subdivision Map Act for the Subdivision application.
As required by Section 29.10.09030(e) of the Town Code for the demolition of an existing
structure.
As required by Section 29.40.075(c) of the Town Code for allowing approval to exceed the
single-family residential floor area ratio limitations.
As required by the Residential Design Guidelines that the project complies with the
Residential Design Guidelines.
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 southeast corner of the Roberts Road and Fisher Avenue
intersection (Exhibit 1). The existing lot is approximately 13,980 square feet with an existing
single-family residence and detached garage. As a part of this proposal, the applicant is
required to dedicate five feet along Fisher Avenue and seven feet along Roberts Road, reducing
the lot size from 13,980 to 12,484 square feet.
On April 11, 2018, the Conceptual Development Advisory Committee (CDAC) reviewed two
different conceptual proposals at the subject site, one with three detached single-family
condominiums and one with three attached multi-family condominiums. The minutes from
that meeting are included in Exhibit 5.
PAGE 3 OF 12 SUBJECT: 16940 Roberts Road/S-19-008, M-19-002 DATE: December 6, 2019
BACKGROUND (continued):
On September 26, 2018, the Historic Preservation Committee (HPC) reviewed a request to
remove the existing pre-1941 residence on the site from the Town’s Historic Resources
Inventory. The HPC approved the request, finding that major addition and remodel work
completed between 1980 and 1990 compromised the structure’s historic integrity. Meeting
minutes are included in Exhibit 6.
On February 11, 2019, the applicant submitted an Architecture and Site application and a
Subdivision application for demolition of the existing single-family residence and construction
of three detached single-family condominiums. The proposed project requires an exception as
allowed by Town Code Section 29.40.075(c) to exceed the single-family residential floor area
(FAR) limitations.
PROJECT DESCRIPTION:
A. Project Summary
The applicant is proposing to construct three detached single-family condominiums, each
with a private driveway and attached garage (Exhibit 13). The combined floor area for all
three units exceeds the single-family residential FAR allowance for the property, and
therefore an exception is being requested. While the property is not being subdivided into
individual lots, a Subdivision application is required for the creation of the three
condominiums.
B. Location and Surrounding Neighborhood
The subject property is located on the southeast corner of the Roberts Road and Fisher
Avenue intersection, across Fisher Avenue from Raymond J. Fisher Middle School (Exhibit
1). The properties immediately to the north, across Roberts Road, contain attached multi-
family residences zoned R-M:5-12. The properties further to the east, across Roberts Road,
contain commercial and auto-service uses zoned CH. The adjacent properties to the east
and south are one- and two-story detached single-family residences zoned R-M:5-12. The
Laurel Mews residential planned development is located further to the east.
PAGE 4 OF 12 SUBJECT: 16940 Roberts Road/S-19-008, M-19-002 DATE: December 6, 2019
PROJECT DESCRIPTION (continued):
C. Architecture and Site Application
Approval of an Architecture and Site application is required for the construction of a new
principal building in any zone, for site improvements requiring a grading permit, and for an
exception to exceed the single-family residential FAR allowance. The applicant is proposing
to construct three detached single-family condominiums. Site work associated with the
construction would require a grading permit. The combined floor area for all three
condominiums would be 5,407 square feet, when the single-family residential FAR
allowance for the property is 3,622 square feet.
D. Subdivision Application
Approval of a Subdivision application is required for the approval of the condominium
project. The applicant proposes three detached single-family condominiums as a part of this
project.
E. Zoning Compliance
Attached multi-family and detached single-family residences are permitted in the R-M:5-12
zone. The proposed project would comply with the setback, height, parking, and lot
coverage requirements for detached single-family residences in the R-M zone. The deciding
body may allow an exception to exceed the single-family residential FAR limitations if the
findings listed in Section 29.40.075(c) of the Town Code can be made.
DISCUSSION:
A. Conceptual Development Advisory Committee
The CDAC reviewed two conceptual plans for the site on April 11, 2018, each of which
proposed demolition of the existing single-family residence and construction of three two-
story, residential condominium units. The CDAC preferred the detached single-family units
over the attached multi-family units, with the understanding that the detached concept
would require an exception to exceed the single-family residential FAR limitations. Per
Section 29.40.075 of the Town Code, the detached single-family condominiums are subject
to the single-family residential FAR limitations, while attached multi-family units would not
be subject to any FAR limitations. Additional feedback is included in the meeting minutes
(Exhibit 5).
PAGE 5 OF 12 SUBJECT: 16940 Roberts Road/S-19-008, M-19-002 DATE: December 6, 2019
DISCUSSION (continued):
B. Architecture and Site Analysis
The applicant is proposing to demolish the existing single-family residence and detached
garage and construct three two-story, detached, single-family condominiums. Two of the
units would be oriented towards, and accessed from, Fisher Avenue, and the third unit
would be oriented towards, and accessed from, Roberts Road (Exhibit 13). A summary of
the proposed development is included in the table below.
* Denotes an exception requested
The proposed condominium project would comply with the setback, height, parking, and lot
coverage requirements for detached single-family residences in the R-M zone.
The applicant’s project description is included as Exhibit 11 and a letter of justification is
included as Exhibit 12. The applicant has also provided a project data sheet, included as
Exhibit 7, to assist in the review of the proposed condominium project.
C. Subdivision Analysis
The applicant is requesting approval of a three-unit condominium project. While the
property is not being subdivided into individual lots, a Subdivision application is required for
the approval of a condominium project. The State Subdivision Map Act includes seven
findings to deny applications for subdivisions (Exhibit 2). If any of the findings can be made,
the deciding body must deny the Subdivision application.
Home Floor
Area
Garage
Floor Area
Height Private
Open Space
Parking
Town Code
Requirement
3,622 s.f.
max.
987 s.f.
max.
30-foot
max.
Minimum
200 s.f. req.
Minimum 2
spaces req.
Unit 1 1,823 s.f. 254 s.f. 25’-8” 1,713 s.f. 2 (1 covered)
Unit 2 1,785 s.f. 270 s.f. 25’ 719 s.f. 2 (1 covered)
Unit 3 1,799 s.f. 269 s.f. 25’ 504 s.f. 2 (1 covered)
Combined 5,407 s.f.* 793 s.f. 2,963 s.f. 6 (3 covered)
PAGE 6 OF 12 SUBJECT: 16940 Roberts Road/S-19-008, M-19-002 DATE: December 6, 2019
DISCUSSION (continued):
D. Building Design
The Town’s Architectural Consultant reviewed the proposed project within the
neighborhood context to provide recommendations regarding the design of the buildings
(Exhibit 8). The site is a corner lot located within an established neighborhood with a mix of
one- and two-story homes and other commercial and institutional uses. In the Issues and
Concerns background section of the report, the Consulting Architect noted that the
proposed project seems well fitted to the site, and that the height and bulk of the three
homes would be similar to nearby structures, and be similar to, but appear larger than, the
Laurel Mews subdivision.
The Consulting Architect made 10 recommendations for changes to address consistency
with the Residential Design Guidelines, which are provided below. The applicant revised
the project to address each of the recommendations, with the following responses (Exhibit
9) in italic font:
1. Reduce the amount of site paving as much as possible.
All non-driveway related concrete paving was removed from the private yards and
replaced with 200-square foot decomposed granite patios and plants.
2. Clearly delineate the proposed private and common open spaces.
Fenced yards (private open space) are labelled on the Site Plan and Landscape Plan
(Exhibit 13, Sheet A0 and L1) and highlighted on page 2 of the project description
(Exhibit 11).
3. Revise the Lot 2 Fisher Avenue elevation to break up the scale of the long elevation.
The long elevation was broken up by reconfiguring the second floor above the garage to
create a double gable above the garage, thereby shortening the portion of the roof
where the front dormer is located.
4. Add chimneys to the gas fireplaces to satisfy Residential Design Guideline 3.10.4.
Brick chimneys were added to Units 1 and 2. Unit 3 has a fireplace, but it does not
protrude beyond the building footprint like Units 1 and 2.
5. Provide details and/or articulation to two-story tall facades per Residential Design
Guideline 3.3.3.
The occurrence of two-story walls was reduced by redesigning all three units’ second
floors. The minimal locations where there are two-story walls, windows were added and
centered on the gables.
PAGE 7 OF 12 SUBJECT: 16940 Roberts Road/S-19-008, M-19-002 DATE: December 6, 2019
DISCUSSION (continued):
6. Add additional architectural details appropriate to the architectural style.
A 3-inch radius to the exposed rafters and barge rafters was added on all three units.
Brick chimneys were added to Units 1 and 2. Brick walkways, brick surfaces to the
covered porches, and brick lined concrete driveways were added to all three units. All
brick to be color: Sacramento Rustic.
7. Check all floor plan and elevation drawings to assure they are correct and allow staff to
easily understand them (e.g., furred-out spaces on floor plans).
The furred-out wall areas on the Second Floor Plans (Exhibit 13, Sheet A3) resulting from
the second floor being tucked under the steep roof pitches are now shown. These spaces
are inaccessible, uninhabitable, and have an average height clearance of less than four
feet.
8. Use wood or other materials over wood to provide the windows with a jamb and sill
width consistent with the traditional wood windows of the style.
2 x 6 wood trim is provided around all windows.
9. Restudy awkward side gable forms on all lots. These conditions are often addressed by
making the roof slopes identical on either side of the roof peak.
The awkward side gable forms on Units 1 and 3 were addressed by making the roof
slopes identical on either side of the roof peak, and the floor plans were subsequently
reconfigured. Unit 2 previously had identical roof slopes on either side of the gables, so
no additional modifications were made to Unit 2 related to this recommendation.
10. Add exposed rafter tails on all sides of all units consistent with the architectural style.
All units have exposed 2x10 rafter tails on all sides.
E. Neighborhood Compatibility
The immediate neighborhood is made up of detached single-family and attached multi-
family residences, with a public school to the west and commercial uses to the east. Based
on Town and County records, the single-family residences in the immediate area range in
size from 886 square feet to 2,232 square feet. The FARs for the single-family residences
range from 0.10 to 0.37.
The 24-unit apartment complex to the north at 16945 Roberts Road has a combined floor
area total of 24,574 square feet, with a total FAR of 0.51, and an average unit size of
approximately 2,024 square feet. The six-unit residential condominium development to the
north at 16927, 16929, 16931, 16933, 16935, and 16941 Roberts Road has a combined floor
area total of 9,494 square feet, with a total FAR of 0.32, and an average unit size of
approximately 1,582 square feet.
PAGE 8 OF 12 SUBJECT: 16940 Roberts Road/S-19-008, M-19-002 DATE: December 6, 2019
DISCUSSION (continued):
The proposed detached single-family condominium project would have a combined total
floor area of 5,407 square feet, with a total FAR of 0.43, and an average unit size of 1,802
square feet. Pursuant to Town Code, the 12,484-square foot lot, with a total FAR limitation
of 0.29, would allow for a combined floor area of 3,622 square feet. The table below
reflects the current conditions of the immediate neighborhood:
The proposed residences would not be the largest in the immediate neighborhood in terms
of combined square footage, average unit size, or FAR.
The applicant has reached out to surrounding neighbors during the review process and
letters of support are included as Exhibit 4.
F. Floor Area Exception
The development is subject to the single-family residential FAR limitations. The proposed
detached single-family condominium project would have a combined total floor area of
5,407 square feet, with a total FAR of 0.43, and an average unit size of 1,802 square feet.
Pursuant to Town Code, the maximum allowed floor area for the 12,484 square foot lot,
with an FAR limitation of 0.29 for the residences and 0.079 for the garages, would allow for
3,622 square feet for the residences and 987 square feet for the garages. The applicant is
proposing a combined total floor area of 5,407 square feet, with an FAR of 0.43, for the
residences, and 793 square feet, with an FAR of 0.064 FAR, for the garages. The applicant is
requesting an exception to exceed the single-family residential FAR limitation of 0.29 for the
residences.
PAGE 9 OF 12 SUBJECT: 16940 Roberts Road/S-19-008, M-19-002 DATE: December 6, 2019
DISCUSSION (continued):
Per Section 29.40.075(c) of the Town Code, the deciding body may allow an exception to
exceed maximum single-family residential FAR if the following findings can be made:
1. The design, theme, sense of scale, exterior materials and details of the proposed
project are consistent with the provisions of:
a. Any applicable landmark and historic preservation overlay zone; and
b. Any applicable specific plan; and
c. The adopted residential development standards; and
2. The lot coverage, setbacks, and FAR of the proposed project is compatible with the
development on surrounding lots.
Regarding the first finding, the Consulting Architect reviewed the project for consistency
with the Town’s Residential Guidelines. Regarding the second finding, the applicant’s
letter of justification (Exhibit 12) lists the lot coverage, setbacks, and FAR of each property
in the surrounding neighborhood, as well as the floor area and density, to illustrate that
the proposed development would be compatible with the development on surrounding
lots.
G. Open Space
The Town Code requires that each ground floor single-family detached condominium unit
provide a minimum of 200 square feet of outdoor usable open space in the form of a single
enclosed patio or deck. The applicant proposes 1,713 square feet of private open space for
Unit 1, 719 square feet for Unit 2, and 504 square feet for Unit 3 (Exhibit 13). A delineation
of each unit’s open space, as well as details on paving and usability, is provided in the
project description (Exhibit 11).
H. Tree Impacts
The Town’s Consulting Arborist reviewed the proposed project and provided an arborist
report dated October 10, 2019 (Exhibit 10). The report identified 20 protected trees on the
project site and abutting properties. Six of the trees are on neighboring properties and will
require tree protection measures during demolition and construction, which has been
included as a condition of approval. The applicant is proposing to remove all 14 trees from
the subject property, none of which are considered Large Protected Trees.
If the project is approved, tree protection measures would be implemented prior to and
during construction. Replacement trees or in-lieu fees would also be required pursuant to
Town Code.
PAGE 10 OF 12 SUBJECT: 16940 Roberts Road/S-19-008, M-19-002 DATE: December 6, 2019
DISCUSSION (continued):
F. General Plan Compliance
The Medium Density Residential General Plan Designation, “provides for multiple-family
residential, duplex, and/or small single-family homes,” and allows five to 12 dwelling units
per acre. The applicant proposes a density of approximately 10 dwelling units per acre with
three detached single-family condominiums on a 0.29-acre site.
The applicant provided a General Plan Conformance section in their letter of justification
(Exhibit 12).
I. 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, and Section 15315: Minor Land Divisions.
PUBLIC COMMENTS:
Story poles and signage were installed on the site and written notice was sent to property
owners and tenants located within 300 feet of the subject property. The applicant has
conducted neighborhood outreach and has provided a summary which is included as Exhibit 4.
At the time of this report’s preparation, the Town has not received any additional public
comment.
CONCLUSION:
A. Summary
The applicant is proposing to demolish the existing single-family residence and detached
garage and construct three detached single-family condominiums that would exceed floor
area limitations, each with a private driveway and attached garage.
B. Recommendation
Based on the analysis above, staff recommends approval of the Architecture and Site
application and Subdivision application, based on the required findings (Exhibit 2) and with
the recommended conditions of approval (Exhibit 3). If the Planning Commission finds
merit with the proposed project, it should:
PAGE 11 OF 12 SUBJECT: 16940 Roberts Road/S-19-008, M-19-002 DATE: December 6, 2019
CONCLUSION (continued):
1. Find that the proposed project is categorically exempt pursuant to the adopted
Guidelines for the implantation of the California Environmental Quality Act, Section
15303: New Construction of Conversation of Small Structures, and Section 15315: Minor
Land Divisions (Exhibit 2);
2. Make the findings required by Housing Element Policy HOU-8.1 for new housing
developments of three units or more (Exhibit 2);
3. Find that required findings to deny a subdivision pursuant to the State Subdivision Map
Act cannot be made and make affirmative findings (Exhibit 2);
4. 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);
5. Make the required findings as required by Section 29.40.075 of the Town Code for
allowing approval of a floor area ratio to exceed the single-family residential floor area
ratio limitations;
6. Make the finding required by the Town’s Residential Design Guidelines that the project
complies with the Residential Design Guidelines (Exhibit 2);
7. 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
8. Approve Architecture and Site application S-19-008 and Subdivision application
M-19-002 with the conditions contained in Exhibit 2 and development plans attached as
Exhibit 13.
C. Alternatives
Alternatively, the Commission can:
1. Approve the applications with additional and/or modified conditions of approval;
2. Continue the applications with direction to a date certain; or
3. Deny the applications.
EXHIBITS:
1. Location Map (one page)
2. Required Findings and Considerations (two pages)
3. Recommended Conditions of Approval (15 pages)
4. Applicant’s Summary of Neighborhood Outreach, received October 1, 2019 (three pages)
5. April 11, 2018 Conceptual Development Advisory Committee Meeting Minutes (two pages)
6. September 26, 2018 Historic Preservation Committee Meeting Minutes (two pages)
7. Project Data Sheet (two pages)
8. Consulting Architect’s Report, dated August 19, 2019 (ten pages)
9. Applicant’s Response to Consulting Architect’s Report, dated December 4, 2019 (one page)
10. Consulting Arborist’s Report, dated October 10, 2019 (36 pages)
PAGE 12 OF 12 SUBJECT: 16940 Roberts Road/S-19-008, M-19-002 DATE: December 6, 2019
EXHIBITS (continued):
11. Project Description, dated November 21, 2019 (five pages)
12. Letter of Justification, dated December 4, 2019 (five pages)
13. Development Plans, dated December 4, 2019 (15 sheets)