Staff Report with Exhibits.16010 Winterbrook 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: 12/08/2021
ITEM NO: 2
DATE: December 3, 2021
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Requesting Approval for Demolition of an Existing Single-Family Residence,
Construction of a New Single-Family Residence, and Site Work Requiring a
Grading Permit on Property Pre-Zoned R-1:8. Located at 16010 Winterbrook
Road. APN 523-26-017. Architectural and Site Application S-20-016.
Property Owner: Drew and Kari Brown. Applicant: Gary Kohlsaat. Project
Planner: Ryan Safty.
RECOMMENDATION:
Consider approval of a request for demolition of an existing single-family residence,
construction of a new single-family residence, and site work requiring a grading permit on
property pre-zoned R-1:8, located at 16010 Winterbrook Road.
PROJECT DATA:
General Plan Designation: Low Density Residential
Zoning Designation: Pre-Zoned R-1:8
Applicable Plans & Standards: General Plan, Residential Design Guidelines, and Hillside
Development Standards and Guidelines
Parcel Size: 0.95 acres (41,394 square feet)
Surrounding Area:
Existing Land Use General Plan Zoning
North Residential Low Density Residential R-1:8
South Residential Low Density Residential Pre-R-1:8
East Residential Low Density Residential R-1:8 and
Pre-R-1:8
West Residential Low Density Residential R-1:8
PAGE 2 OF 9
SUBJECT: 16010 Winterbrook Road/S-20-016
DATE: December 3, 2021
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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 structure has no architectural or historical significance.
3. The property owner does not desire to maintain the structures as they exist; a nd
4. The economic utility of the structures was considered.
▪ The project meets the objective standards of Chapter 29 of the Town Code (Zoning
Regulations).
▪ The project is in compliance with the appli cable portions of the Hillside Development
Standards and Guidelines.
▪ The project design is in compliance with the Residential Design Guidelines in that the
Town’s Consulting Architect has reviewed the proposal and determined that the proposed
house is very well designed with an identifiable architectural style and details and appears
to meet the Town’s Residential Design Guidelines. While the proposed home is very large
compared to most others in the immediate neighborhood, the site is also large and shielded
from most surrounding views.
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.
PAGE 3 OF 9
SUBJECT: 16010 Winterbrook Road/S-20-016
DATE: December 3, 2021
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BACKGROUND:
The subject property is located along the northern edge of the Winterbrook Road cul-de-sac
(Exhibit 1). The property is 41,394 square feet with an existing 2,394-square foot, two-story
residence with a 795-square foot attached garage. The average slope of the property exceeds
ten percent and is therefore subject to certain portions of the Hillside Development Standards
and Guidelines. The immediate low-density residential neighborhood contains one- and two-
story residences.
The subject property, along with three other neighbors in the immediate neighborhood, is
currently located within Santa Clara County jurisdiction. The subject property is in the process
of being annexed into the Town. Town Council reviewed and approved the annexation on
November 2 and November 16, 2021. The property will be officially annexed into the Town
once the State’s Local Agency Formation Commission (LAFCO) issues certification. Per Draft
Condition of Approval 15 (Exhibit 3), the property must be officially annexed and certified by
LAFCO prior to building permit issuance for the proposed work.
On June 17, 2020, the applicant submitted an Architecture and Site application for the
demolition of an existing single-family residence, construction of a new two-story residence,
and site work requiring a grading permit.
The proposed project meets all technical requirements including parking, height, floor area,
building coverage, and setbacks.
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The subject property is located on the northern edge of the Winterbrook Road cul-de-sac
(Exhibit 1). The surrounding properties in the low-density residential neighborhood contain
one- and two-story single-family residences.
B. Project Summary
The applicant is proposing to construct a new 5,463-square foot, two-story single-family
residence with an attached 795-square foot garage (Exhibit 11). The proposed residence
would be the largest in terms of floor area in the immediate neighborhood.
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SUBJECT: 16010 Winterbrook Road/S-20-016
DATE: December 3, 2021
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PROJECT DESCRIPTION (continued):
C. Zoning Compliance
A single-family residence is permitted in the R-1:8 zone. The property is greater than
30,000 square feet (41,394 square feet) and is therefore subject to the hillside floor area
regulations. The maximum allowed floor area is 6,000 square feet, with a 400-square foot
garage credit. The proposed home would be 5,463 square feet with a 795-square foot
attached garage. With the 400-square foot garage credit, the proposal is 5,858 square feet.
The proposed residence is in compliance with the allowable floor area , building coverage,
setbacks, height, and on-site parking requirements for the property. No exceptions are
requested.
DISCUSSION:
A. Architecture and Site Analysis
The applicant is proposing demolition of the existing 2,394-square foot two-story residence
and 462-square foot attached garage and is proposing construction of a new two-story
single-family residence with 5,463 square feet of living space and a 795 -sqaure foot
attached garage. Below-grade square footage is proposed under the new first-floor,
creating a 2,873-square foot cellar area that will be completely below-grade and thus does
not count towards the maximum allowed floor area for the site (Exhibit 11).
In addition to the proposed excavation for the new residence footprint and below-grade
square footage, the applicant is requesting a grading permit for 1,010 cubic yards of cut and
fill area for the driveway modifications, on-site parking, fire-truck turnaround, landscape
areas, and access around the proposed new footprint. The proposed cut and fill amounts
and retaining walls throughout the property comply with the Town’s Hillside Development
Standards and Guidelines.
The maximum height of the proposed residence is roughly 28.5 feet, whe re a maximum of
30 feet is allowed. The existing two-story residence on the site is 29.5 feet tall, measured to
grade below. The applicant is proposing to lower the grade around the residence footprint
by roughly two feet, resulting in a height-reduction of roughly three feet when viewing the
property from the public right-of-way.
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SUBJECT: 16010 Winterbrook Road/S-20-016
DATE: December 3, 2021
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DISCUSSION (continued):
The proposed residence would be of a traditional farmhouse style, with a dark grey
composition shingled roof and standing seam metal roofing used for the covered porches,
white horizontal siding, dark-sashed windows, and stone accents throughout (Exhibits 4 and
11). The applicant has provided a Project Description and Letter of Justification detailing
the project (Exhibit 9). The project plans show a future Accessory Dwelling Unit to the
south of the proposed residence. The Accessory Dwelling Unit is not being reviewed as a
part of this Architecture and Site Application per State law.
The request is being considered by the Planning Commission because the proposed home
would be the largest in terms of floor area in the immediate neighborhood. However, as
discussed below in the Neighborhood Compatibility section of the report, the subject
property is over twice the size of the neighboring properties in the immediate
neighborhood and would be the second smallest in terms of floor area ratio. The property
is also a flag lot and the proposed residence would be almost completely shielded from
view from Winterbrook Road.
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. The site
is located on a large flag lot accessed by Winterbrook Road with substantial landscaping
surrounding the site.
In the Issues and Concerns section of the Consulting Architect’s report (Exhibit 5), the
Consulting Architect noted that the proposed house is very well designed with an
identifiable architectural style and details. While the propose home is very large compared
to most others in the immediate neighborhood, the site is also large and shielded from
most surrounding views. The proposed house would be roughly the same height as the
existing home on the site that it would replace; however, it would be much wider.
The Consulting Architect noted that there could potentially be some impact on the two
neighbors to the rear, along Stephanie Lane, but noted that the impact will likely be
minimal. For the home at 15981 Stephanie Lane, it appears that impacts would not be any
greater than the current condition. For the home at 15991 Stephanie Lane, they could
potentially experience some impact, but the proposed design of the new house has an
increased second floor setback at the adjacent edge which would mitigate the proposed
building height.
The Consulting Architect concluded that the proposed house appears to meet the Town’s
Residential Design Guidelines and did not have any recommended changes to the design.
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SUBJECT: 16010 Winterbrook Road/S-20-016
DATE: December 3, 2021
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DISCUSSION (continued):
C. Neighborhood Compatibility
The immediate low-density residential neighborhood contains one- and two-story single-
family residences. Based on Town and County records, the residences in the immediate
area range in size from 1,640 square feet to 3,951 square feet. The floor area ratios range
from 0.13 to 0.35. The proposed residence would be 5,463 square feet with a floor area
ratio of 0.13. Pursuant to Town Code, the maximum allowable square footage for the
41,394-square foot lot is 6,000 square feet with a maximum floor area ratio of 0.14. The
table below reflects the current conditions of the immediate neighborhood.
The proposed residence would comply with the maximum allowed floor area on the site,
would not be the first two-story home, and would not be the largest home in the immediate
neighborhood in terms of floor area ratio. However, the proposed residence would be the
largest in terms of floor area in the immediate neighborhood by 1,512 square feet.
The subject property is over twice the size of the second largest property and is the only
property in the immediate neighborhood that is subject to the hillside floor area regulations
because it is larger than 30,000 square feet. The existing residence on the subject property
is already two-stories and is taller than what is currently proposed. There is also one other
two-story residence in the immediate neighborhood. Due to the large size of the property,
the proposed project would be the second smallest in the immediate neighborhood in
terms of floor area ratio.
The property is a flag lot and is accessed via an existing 20-foot wide ingress and egress
easement, shared with the neighbor to the south, fronting along Winterbrook Road. The
front of the property contains several mature trees that are proposed to remain, and the
proposed house footprint is located approximately 200 feet from Winterbrook Road (Exhibit
6). The proposed residence at 16010 Winterbrook Road would be almost completely
shielded from view along Winterbrook Road.
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SUBJECT: 16010 Winterbrook Road/S-20-016
DATE: December 3, 2021
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DISCUSSION (continued):
D. Tree Impacts
The Town’s Consulting Arborist prepared a report for the site and made recommendations
for the project (Exhibit 7). The project site contains 23 protected trees. The applicant is
proposing to remove a total of 10 protected trees within or adjacent to the proposed
footprint and grading work, and each of the trees proposed for removal has a Tree
Conservation Suitability Rating within the “poor” range.
The remaining 13 trees would be preserved in accordance with the procedures and
recommendations specified in the Consulting Arborist report. The applicant has submitted
a Response to Consulting Arborist Report letter explaining how each of these
recommendations will be addressed (Exhibit 8).
The 10 trees proposed for removal require a total of 37 24-inch box replacement trees. The
Town Arborist can approve replacement sizes and/or in-lieu fees at the time of building
permit submittal. The applicant’s conceptual landscape plans (Exhibit 11) propose a total of
55 replacement trees, ranging in size from 15-gallon to 36-inch box. The applicant also
proposes 62 15-gallon shrubs throughout the property. As noted in the applicant’s Project
Description and Letter of Justification (Exhibit 9), the locations and sizes were chosen to
provide privacy screening between neighbors. The replacement species, sizes, and
locations will be reviewed by the Town Arborist at time of building permit to ensure
adequate replacement of lost canopy on the site.
E. Neighbor Outreach
The applicant provided a summary of their efforts to communicate with their neighbors
(Exhibit 10).
F. Environmental Review
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quali ty Act, Section 15303: New
Construction or Conversion of Small Structures.
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. P ublic comments received
by 11:00 a.m., Friday, December 3, 2021 are included as Exhibit 12.
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SUBJECT: 16010 Winterbrook Road/S-20-016
DATE: December 3, 2021
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CONCLUSION:
A. Summary
The applicant is requesting approval of an Architecture and Site application for demolition
of an existing single-family residence, construction of a new single-family residence, and site
work requiring a grading permit. The project is in compliance with the Town Code. The
project would result in the largest home in the immediate neighborhood in terms of floor
area, but is on the largest lot and would be the second smallest in terms of floor area ratio.
B. Recommendation
Based on the analysis above, staff recommends approval of the Architecture and Site
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 15303: New Construction or Conversion of Small Structures (Exhibit 2);
2. Make the findings as required by Section 29.10.09030(e) of the Town Code for the
demolition of existing structures (Exhibit 2);
3. Make the finding that the project complies with the objective standards of Chapter 29 of
the Town Code (Zoning Regulations) (Exhibit 2);
4. Make the finding as required by the Town’s Hillside Development Standards and
Guidelines that the project is in compliance with the applicable portions of the Hillside
Development Standards and Guidelines (Exhibit 2);
5. Make the finding required by the Town’s Residential Design Guidelines that the project
complies with the Residential Design Guidelines (Exhibit 2);
6. Make the considerations as required by Section 29.20.150 of the Town Code for
granting approval of an Architecture and Site application (Exhibit 2); and
7. Approve Architecture and Site application S-20-016 with the conditions contained in
Exhibit 3 and the development plans in Exhibit 11.
C. Alternatives
Alternatively, the Commission can:
1. Continue the matter to a date certain with specific direction;
2. Approve the application with additional and/or modified conditions; or
3. Deny the application.
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SUBJECT: 16010 Winterbrook Road/S-20-016
DATE: December 3, 2021
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EXHIBITS:
1. Location Map
2. Required Findings and Considerations
3. Recommended Conditions of Approval
4. Color and Materials Board, received January 12, 2021
5. Consulting Architect Report, dated January 27, 2021
6. Property Pictures, received April 8, 2021
7. Consulting Arborist Report, dated August 12, 2021
8. Applicant’s response to the Consulting Arborist Report, received September 14, 2021
9. Project Description and Letter of Justification, received September 14, 2021
10. Applicant’s neighborhood outreach efforts, received September 24, 2021
11. Development Plans, received October 14, 2021
12. Public Comments received prior to 11:00 a.m., Friday, December 3, 2021
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