Staff Report.123 Wilder Avenue
PREPARED BY: Sean Mullin, AICP
Senior 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: 06/26/2024
ITEM NO: 3
DATE: June 21, 2024
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Requesting Approval for Technical Demolition of a Contributing Single -Family
Residence and Construction of a New Single-Family Residence to Exceed the
Floor Area Ratio (FAR) Standards and Requiring a Variance to Side Yard
Setback Requirements Located in the Almond Grove Historic District on
Property Zoned R-1D:LHP. Located at 123 Wilder Avenue. APN 510-18-008.
Architecture and Site Application S-23-039 and Variance Application
V-24-001. Categorically Exempt Pursuant to CEQA Guidelines Section 15301:
Existing Facilities. Property Owner: Boguslaw Marcinkowski and Brygida
Sas-Marcinkowski. Applicant: Jose De La O. Project Planner: Sean Mullin.
RECOMMENDATION:
Consider approval of a request for technical demolition of a contributing single-family residence
and construction of a new single-family residence to exceed the floor area ratio (FAR) standards
and requiring a Variance to side yard setback requirements located in the Almond Grove
Historic District on property zoned R-1D:LHP, located at 123 Wilder Avenue.
PROJECT DATA:
General Plan Designation: Medium Density Residential
Zoning Designation: R-1D:LHP
Applicable Plans & Standards: General Plan; Residential Design Guidelines
Parcel Size: 6,226 square feet
Surrounding Area:
Existing Land Use General Plan Zoning
North Residential Medium Density Residential R-1D:LHP
South Residential Medium Density Residential R-1D:LHP
East Residential Medium Density Residential R-1D:LHP
West Residential Medium Density Residential R-1D:LHP
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SUBJECT: 123 Wilder Avenue/S-23-039 and V-24-001
DATE: June 21, 2024
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CEQA:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act (CEQA), Section 15301: Existing Facilities.
FINDINGS:
▪ The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act (CEQA), Section 15301: Existing
Facilities.
▪ As required by Section 29.10.09030(e) of the Town Code fo r the demolition of an existing
residence.
▪ The project meets the objective standards of Chapter 29 of the Town Code (Zoning
Regulations) except the requests to exceed the FAR standards and reduce the required side
setback.
▪ As required by Section 29.40.075(c) of the Town Code for granting approval of an exception
to the FAR standards.
▪ As required by Section 29.20.170 of the Town Code for granting a Variance application.
▪ 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 west side of Wilder Avenue approximately 310 feet north
of the intersection with Bean Avenue in the Almond Grove Historic District (Exhibit 1). The
property is approximately 6,226 square feet and is developed with an existing 2,225-square
foot, two-story residence with a 470-square foot detached garage (Exhibit 4). The immediate
neighborhood is comprised of one- and two-story residences.
In September 2023, it was brought to the Town’s attention that work had occurred on the
residence without the required permits. Staff was able to observe that siding had been
removed and replaced on the sides and rear of the residence (Exhibit 5). Additionally, some
removal of the siding had occurred on the front of the residence. Section 29.10.020 defines
PAGE 3 OF 10
SUBJECT: 123 Wilder Avenue/S-23-039 and V-24-001
DATE: June 21, 2024
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BACKGROUND (continued):
demolition (historic structure) as removal or enclosure of the exterior wall covering on more
than 25 percent of the walls facing a public street or 50 percent of all exterior walls. When a
project on a historic resource exceeds these limitations, the result is a technical demolition.
The extent of siding removal on the subject residence constitutes a technical demolition since it
was observed that the existing siding had been completely removed from the rear and side
elevations and portions of the front elevation. New cementitious horizontal siding had been
installed on portions of the side and rear elevations. On September 26, 2023, a Stop Work
Notice was issued by the Town for unlawful technical demolition related to removal of the
siding on the residence.
On October 5, 2023, the applicant was informed of the unlawful demolition. On October 22,
2023, the applicant filed an Architecture and Site application for the project. During technical
review of the application, staff identified that the project would also require approval of an
exception to the FAR standards since the existing residence exceeds the allowable FAR for the
property and a Variance to the required side setbacks since the residence is located three feet,
six inches from the side property line where five feet is required. The pending Architecture and
Site and Variance applications and future Building Permits are remed ies for these
circumstances.
On December 20, 2023, the Historic Preservation Committee (HPC) considered the request and
forwarded a recommendation of approval to the Planning Commission with the following
conditions (Exhibit 6):
• Replace the installed horizontal cementitious lap siding with wood shingle siding to match
what was removed;
• The existing ornate shingle pattern in the front gable end shall be replicated in the north
facing gable end; and
• The new windows shall match the windows they are replacing. Full details of the new wood
windows shall be provided to the Town to ensure in-kind replacement.
The project is being considered by the Planning Commission due to the request to exceed the
maximum allowable FAR and the request for a Variance to the required side setback for a
single-family dwelling in the Almond Grove Historic District.
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The subject property is located on the west side of Wilder Avenue approximately 310 feet
north of the intersection with Bean Avenue in the Almond Grove Historic District (Exhibit 1).
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SUBJECT: 123 Wilder Avenue/S-23-039 and V-24-001
DATE: June 21, 2024
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PROJECT DESCRIPTION (continued):
The property is approximately 6,226 square feet and is developed with an existing 2,225-
square foot, two-story residence that is noted as a contributor to the historic district and a
470-square foot detached garage (Exhibit 4). The immediate neighborhood is comprised of
one- and two-story residences.
B. Project Summary
The application includes technical demolition of the existing single-family residence through
removal and replacement of the existing shingle siding (Exhibit 9). The project also requires
approval of an exception to the FAR standards and a Variance to the required side setback.
The residence exceeds the allowable FAR by 108 square feet. In addition, the residence
includes a side setback of approximately three feet, six inches, where five feet is required.
The existing structure would remain and no addit ional square footage is proposed.
C. Zoning Compliance
The subject property is approximately 6,226 square feet, where a minimum lot size of 5,000
square feet is required for a parcel in the R-1D zone. A single-family residence is permitted
in the R-1D zone. The proposed residence complies with the zoning regulations for height.
The applicant requests approval to exceed the allowable FAR for the residence and a
Variance to the Town Code for the required side setback.
DISCUSSION:
A. Architecture and Site Analysis
The applicant proposes technical demolition of the existing single-family residence through
removal and replacement of the existing shingle siding (Exhibit 9). As noted above, much of
the existing shingle siding has already been removed without the benefit of permits. Prior
to its removal, shingle siding covered all elevations of the residence (Exhibit 4). The
removal of siding on the side and rear elevations constitutes a technical demolition under
the Town Code. As a result of the technical demolition of the contributing residence, the
Town Code requires approval of an Architecture and Site application for a new single-family
residence.
The applicant proposes removal of the remaining existing shingle siding on portions of the
front elevation, as well as the installed cementitious horizontal siding on the side and rear
elevations (Exhibits 7 and 9). Shingle siding on the front elevation would be either stripped
and repainted or replaced in-kind. New shingle siding would be installed on all elevations to
match the residence prior to the unpermitted work. The ornate pattern of the shingles in
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SUBJECT: 123 Wilder Avenue/S-23-039 and V-24-001
DATE: June 21, 2024
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DISCUSSION (continued):
the front-facing gable end would be replicated in both the front- and north-facing gable
ends. Additionally, ten existing single-hung wood windows would be replaced in-kind with
single-hung, dual pane wood windows at the front of the house, located on the front and
side elevations (Exhibit 9, Sheet A-2). Lastly, the existing board and batten siding on the
detached garage would be replaced in-kind.
The applicant provided photos showing termite damage and rot in the existing wood shingle
siding and windows on the residence, and the board and batten siding on the garage
(Attachment 8).
The project also requires approval of an exception to the FAR standards , discussed in
Section B below, and a Variance to the required side setbacks, discussed in Section D below.
The residence exceeds the allowable FAR by 108 square feet. In addition, the residence
includes a side setback of approximately three feet, six inches, where five feet is required.
The existing structure would remain, and no additional square footage is proposed. The
applicant provided a Letter of Justification summarizing the project (Exhibit 7).
B. Neighborhood Compatibility
Pursuant to Section 29.40.075 of the Town Code, the maximum FAR for the subject
property is 0.34 (2,117 square feet). The existing residence to be restored has an FAR of
0.36 (2,225 square feet), exceeding the maximum allowable floor area by 108 square feet.
The table below reflects the current conditions of the residences in the immediate area and
the proposed project.
Immediate Neighborhood Comparison
Address Zoning House
SF
Garage
SF
Total
SF
Site
SF
Building
FAR
Exceed
FAR?
127 Wilder Ave. R-1D:LHP 1,215 0 1,215 6,134 0.20 No
131 Wilder Ave. R-1D:LHP 1,563 382 1,945 6,118 0.26 No
122 Wilder Ave. R-1D:LHP 1,912 559 2,471 5,597 0.34 No
124 Wilder Ave. R-1D:LHP 1,108 408 1,516 5,611 0.20 No
134 Wilder Ave. R-1D:LHP 2,270 0 2,270 6,650 0.37 Yes, by 9 sf
128 Wilder Ave. R-1D:LHP 1,975 484 2,459 6,134 0.32 No
115 Wilder Ave. R-1D:LHP 968 0 968 6,872 0.14 No
121 Wilder Ave. R-1D:LHP 1,692 220 1,912 6,103 0.28 No
114 Wilder Ave. R-1D:LHP 2,340 513 2,853 5,366 0.44 Yes, by 478 sf
123 Wilder Ave. (E & P) R-1D:LHP 2,225 470 2,695 6,226 0.36 Yes, by 108 sf
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SUBJECT: 123 Wilder Avenue/S-23-039 and V-24-001
DATE: June 21, 2024
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DISCUSSION (continued):
Based on Town and County records, the residences in the immediate neighborhood range in
size from 1,108 square feet to 2,340 square feet and building FARs range from 0.14 to 0.44.
The applicant is proposing a 2,225-square foot residence and a 470-square foot detached
garage on a 6,226-square foot parcel. The proposed residence would be the third largest in
terms of square footage and FAR in the immediate neighborhood.
Section 29.40.075(c) of the Town Code states that the deciding body may allow a FAR in
excess of the maximum allowed 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 the landmark and historic preservation overlay
zone and 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.
Exhibit 7 contains the applicant’s Letter of Justification indicating that the residence is
existing, and the project does not include additional proposed floor area. While being
considered a new residence under the Architecture and Site application, the proposed
project would restore the existing residence to its appearance before the unpermitted work
took place. No additional massing or floor area is proposed. On December 20, 2023, the
HPC considered the project for compatibility with the Almond Grove historic District and for
consistency with the Residential Design Guidelines. The HPC forwarded a recommendation
of approval to the Planning Commission with conditions.
As provided above, the proposed residence would not be the only residence in the
immediate neighborhood to exceed allowable FAR. The residence would not be the largest
in the immediate neighborhood in terms of floor area or FAR. Since the residence is ex isting
and is being considered under this Architecture and Site application due to the removal of
existing siding resulting in a technical demolition, the existing massing, setbacks, and lot
coverage would continue to be compatible with the development on surrounding
properties.
C. Building Design
The applicant proposes to replace the siding on the residence in-kind, installing new wood
shingle siding on all elevations. The ornate shingle pattern present in the front -facing gable
end would be restored and repeated in the north-facing side gable end. Ten existing
windows would be replaced in-kind, with no change in appearance. Lastly, the existing
board and batten siding on the detached garage would be replaced in-kind. All work would
maintain the existing appearance of the residence.
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SUBJECT: 123 Wilder Avenue/S-23-039 and V-24-001
DATE: June 21, 2024
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DISCUSSION (continued):
On December 20, 2023, the HPC considered the request and forwarded a recommendation
of approval to the Planning Commission with the following conditions (Exhibit 6):
• Replace the installed horizontal cementitious lap siding with wood shingle siding to
match what was removed;
• The existing ornate shingle pattern in the front gable end shall be replicated in the
north-facing gable end;
• The new windows shall match the windows they are replacing. Full details of the new
wood windows shall be provided to the Town to ensure in -kind replacement.
The current project plans respond to all the recommendations from the HPC.
D. Variance – Setbacks
The applicant is requesting a Variance from Section 29.40.740 of the Town Code for the
required side setback in the R-1D zone.
Pursuant to Town Code, the required side setback in the R-1D zone is five feet. The existing
residence is sited square to the front property line and street and the majority of the
residence complies with all setback requirements. Due to the angled side property lines,
several corners along the left side of the residence project into the required setback as the
residence steps into the property. These portions project approximately one -foot, six
inches into the require left side setback resulting in a setback of three feet, six inches from
the property line.
As required by Section 29.20.170 of the Town Code, the Planning Commission, on the basis
of the evidence submitted at the hearing, may grant a Variance if it finds that:
1. Because of special circumstances applicable to the property, including size, shape,
topography, location or surroundings, the strict application of this ordinance deprives
such property of privileges enjoyed by other properties in the vicinity and under
identical zone; and
2. The granting of a variance would not constitute a grant of special privileges inconsistent
with the limitations upon other properties in the vicinity and zone which such property
is situated.
Regarding the first finding, the subject property includes parallel front and rear property
lines connected by angled side property lines. When siting a residence square to the front
property line, the angular nature of the side property lines causes the side setback area to
continually traverse toward the residence as it moves into the property. The subject
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SUBJECT: 123 Wilder Avenue/S-23-039 and V-24-001
DATE: June 21, 2024
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DISCUSSION (continued):
residence attempts to address this constraint by stepping the footprint of the structure
toward the centerline of the property along the left side property line. The result is not
completely successful in meeting the required left side setback as three corners of the
residence project into the required setback area, producing a left side setback of three feet,
six inches where five feet is required. While other properties in the immediate
neighborhood have similar configurations, several are developed wit h residences with
reduced side setbacks.
With regards to the second finding, a review of Town permit records shows that at least
three of the nine other properties in the immediate neighborhood include a residence with
side setbacks that do not meet the requirement of the zone. Granting the Vari ance would
not constitute a grant of special privilege to the subject property and would be consistent
with the limitations of other properties in the immediate neighborhood.
As indicated in the applicant’s Letter of Justification, the project would not add floor area or
change the existing setbacks (Exhibit 7). The project is considered a new residence under
this application since the unpermitted removal of the existing siding resulted in a technical
demolition. The proposed project would restore the existing residence to its former
appearance and the existing setbacks would not change and would remain compatible with
the immediate neighborhood where it has been located since the early 1900s.
E. CEQA Determination
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Sections 1530 1: Existing
Facilities. While the proposed removal of siding qualifies as a technical demolition, it is not
considered a new structure for the purposes of CEQA.
PUBLIC COMMENTS:
Project signage was installed on the site by June 3, 2024, in anticipation of the June 26, 2024,
Planning Commission hearing. Written notice was sent to property owners and tenants within
300 feet of the subject property. At the time of this report’s preparation, the Town has not
received any public comment.
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SUBJECT: 123 Wilder Avenue/S-23-039 and V-24-001
DATE: June 21, 2024
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CONCLUSION:
A. Summary
The applicant proposes approval of an Architecture and Site application for technical
demolition of a contributing single-family residence and construction of a new single-family
residence to exceed the floor area ratio (FAR) standards and requiring a Variance to side
yard setback requirements located in the Almond Grove Historic District. The applicant has
responded to all recommendations of the HPC, who forwarded a recommendation of
approval for the project. The proposed FAR exceedance and the Variance to the side
setback are consistent with the immediate neighborhood.
B. Recommendation
Based on the analysis above, staff recommends approval of the Architecture and Site
application and Variance 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 15301: Existing Facilities (Exhibit 2);
2. Make the finding as required by Section 29.10.09030(e) of the Town Code for the
demolition of an existing structure (Exhibit 2);
3. Make the finding that the project complies with the objective standards of Chapter 29 of
the Town Code (Zoning Regulations) except the request to exceed the FAR standards
and the required side setback (Exhibit 2);
4. Make the findings as required by Section 29.40.075(c) of the Town Code for granting
approval of an exception to the FAR standards (Exhibit 2);
5. Make the required findings as required by Section 29.20.170 of the Town Code for
granting a Variance (Exhibit 2);
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 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-23-039 and Variance Application V-24-001
with the conditions contained in Exhibit 3 and the Development Plans in Exhibit 9.
C. Alternatives
Alternatively, the Commission can:
1. Continue the matter to a date certain with specific direction; or
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SUBJECT: 123 Wilder Avenue/S-23-039 and V-24-001
DATE: June 21, 2024
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CONCLUSION (continued):
2. Approve the applications with additional and/or modified conditions; or
3. Deny the applications.
EXHIBITS:
1. Location Map
2. Required Findings and Considerations
3. Recommended Conditions of Approval
4. Photos of Residence Prior to Unpermitted Work
5. Photos of Current State of the Residence
6. Historic Preservation Committee Action Letter, December 20, 2023
7. Letter of Justification
8. Applicant’s Photos of Damage
9. Development Plans