Staff Report. 16590 Garden Lane
PREPARED BY: Erin M. Walters
Senior 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: 01/08/2025
ITEM NO: 4
DATE: January 3, 2025
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider a Request for Approval for Technical Demolition of an Existing
Single-Family Residence, Construction of a New Single-Family Residence, and
a Variance for the Required Front Setback on Property Zoned R-1:8. Located
at 16590 Garden Lane. APN 424-19-054. Architecture and Site Application S-
24-049 and Variance Application V-24-002. Categorically Exempt Pursuant to
CEQA Guidelines Section 15303: New Construction or Conversion of Small
Structures. Property Owner/Applicant: Sunayana Bedi. Project Planner: Erin
Walters.
RECOMMENDATION:
Consider a request for approval for technical demolition of an existing single-family residence,
construction of a new single-family residence, and a variance for the required front setback on
property zoned R-1:8, located at 16590 Garden Lane.
PROJECT DATA:
General Plan Designation: Low Density Residential
Zoning Designation: R-1:8, Single-Family Residential
Applicable Plans & Standards: General Plan; Residential Design Guidelines
Parcel Size: 12,064 square feet
Surrounding Area:
Existing Land Use General Plan Zoning
North Residential Low Density Residential R-1:8
South Commercial Mixed Use Commercial CH
East Residential Low Density Residential R-1:8
West Residential Low Density Residential R-1:8
PAGE 2 OF 8
SUBJECT: 16590 Garden Lane/S-24-049 and V-24-002
DATE: January 3, 2025
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CEQA:
Categorically Exempt Pursuant to CEQA Guidelines 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 an existing
residence.
▪ As required by Section 29.20.170 of the Town Code for granting a Variance application.
▪ The project meets the objective standards of Chapter 29 of the Town Code (Zoning
Regulations) with the exception of meeting the required front setbacks.
▪ The project is in compliance with the Residential Design Guidelines for single-family
residences not located in hillside areas.
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 project site is located on the south side of Garden Lane approximately 700 feet west of
Gateway Drive (Exhibit 1). The subject property is 12,064 square feet and developed with a
single-story, 1,539-square foot single-family residence with a detached 612-square foot garage.
On September 23, 2021, the property owner applied for a Building Permit for an addition and
remodel to an existing single-story residence at the subject site. The property owner, designer,
civil engineer, and contractor submitted a demolition plan and signed the Demolition Affidavit
acknowledging their understanding of the Town’s demolition requirements for a non-historic
structure per Town Code (Attachment 4).
On July 26, 2023, the Town project planner, and Town Building inspector met on site with the
property owners, designer, and contractor to discuss the Town’s demolition policy, demolition
plan, Demolition Affidavit, and consequences if the project becomes a demolition.
PAGE 3 OF 8
SUBJECT: 16590 Garden Lane/S-24-049 and V-24-002
DATE: January 3, 2025
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On August 7, 2023, Building Permit B21-0900 was issued for the addition and remodel.
On October 24, 2023, the contractor requested a site visit by the Chief Building Official and
planning staff to review the existing conditions of a portion of the exterior walls.
On October 27, 2023, the Building Official, Senior Building Inspector, and project planner met
on site with the contractor, property owners, and project designer to review the conditions of
the existing exterior walls. Following the review of a portion of the existing walls, the
Community Development Director approved the replacement of in-kind non-repairable wall
resulting in no change to its exterior appearance or character per Section 29.10.020 of the
Town Code as the existing exterior walls did not have appropriate framing. The in-kind
replacement walls were required to be rebuilt at the same height as the height of existing walls.
Pursuant to Town Code Section 29.10.020 - Demolition (non-historic structures) means removal
of more than fifty (50) percent of the exterior walls. The following is exempt from this definition:
a. Repair. The removal and replacement of in-kind non-repairable wall resulting in no change
to its exterior appearance or character if approved by the Community Development Director.
On November 28, 2023, a revised demolition plan was approved for the subject project.
On July 23, 2024, it was brought to Planning staff’s attention by the project Building Inspector,
that more than 50 percent of the exterior walls (framing) had been removed at the subject site
without notification of or approval by the Community Development Department prior to
removal (Attachment 5). This constitutes an unlawful demolition per Town Code and per the
revised signed Demolition Affidavit (Attachment 6). A stop work was issued for the Building
Permit, the applicant was directed to apply for an Architecture and Site application for a
technical demolition of the residence.
On September 12, 2024, the applicant applied for an Architecture and Site Application for the
technical demolition of the existing single-family residence and to construct a new single-family
residence. In addition, the applicant applied for a Variance application to request a reduced
front setback due to the requirement of 10-foot right-of-way dedication required by the Parks
and Public Works Department. Pursuant to Town Code the applicant has paid double
application fees for the work unlawfully completed. A stop work order on construction for
Building Permit B21-0900 remains in place until the proper Planning permits have been
obtained.
The proposed project is the same scope of work as the approved Building Permit.
PAGE 4 OF 8
SUBJECT: 16590 Garden Lane/S-24-049 and V-24-002
DATE: January 3, 2025
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PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The subject property is located on the south side of Garden Lane approximately 700 feet
west of Gateway Drive (Exhibit 1). The property is developed with a single-family residence
and a detached garage. Single-family residential development surrounds the property to the
west, north and east. Commercial development is located behind the subject residential
property.
B. Project Summary
The applicant proposes technical demolition of an existing single-family residence,
construction of a new single-family residence, and a variance for the required front setback
(Exhibit 7).
C. Zoning Compliance
A single-family residence is permitted in the R-1:8 zone. The proposed residence is in
compliance with the allowable floor area, height, lot coverage, and on-site parking
requirements for the property. The project is in compliance with the allowable setbacks
with the exception of a request for a reduced front setback requiring a Variance due to the
required 10-foot right-of-way dedication.
DISCUSSION:
A. Architecture and Site Application
The existing one-story residence is 1,539 square feet with a 613-square foot detached
garage. The applicant proposes to add a 1,004-square foot addition to the existing residence
and add a 524-square foot attached garage. The applicant proposes to demolish the existing
detached garage. The proposed Development Plans are included in Exhibit 10.
A summary of the floor area for the existing residence and proposed residence is included in
the table below.
Floor Area Chart
Existing SF Demolition Proposed
Addition
Total SF Maximum
Allowed SF
Main House - 1st Floor 1,539 1,004 2,543 3,220
Detached Garage 613 613 0 902
Attached Garage 524 524 902
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SUBJECT: 16590 Garden Lane/S-24-049 and V-24-002
DATE: January 3, 2025
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The proposed project materials include stucco siding, concrete roofing tiles, metal clad
windows, and composite cement fiber window and door trim. The design meets the
Residential Design Guidelines and was approved through a Building Permit prior to the
project’s technical demolition.
The applicant has provided a Project Description and a Letter of Justification (Exhibit 7). The
applicant has provided photographs of the existing site conditions (Exhibit 8).
B. Neighborhood Compatibility
The subject property is 10,734 square feet with a maximum allowable floor area of 3,220
square feet for the residence, and 902 square feet for the garage. The maximum allowable
FAR for the residence and any accessory structure is 0.30. The table below reflects the
current conditions of the residences in the immediate neighborhood based on County
records and the proposed project.
FAR Comparison - Neighborhood Analysis
Address Zoning Residential
SF
Garage
SF
Total
SF
Lot Area
SF
Residential
FAR
No. of
Stories
211 Oakwood Way R-1:8 1,685 428 2,113 8,276 0.20 1
215 Oakwood Way R-1:8 1,154 428 1,582 7,405 0.16 1
253 Oakdale Drive R-1:8 1,976 428 2,404 10,545 0.19 1
252 Oakdale Drive R-1:8 1,660 428 2,088 10,019 0.17 1
256 Garden Lane R-1:8 1,232 462 1,694 8,712 0.14 1
249 Garden Lane R-1:8 1,781 437 2,218 8,712 0.20 1
245 Garden Lane R-1:8 1,965 528 2,493 13,504 0.15 1
16570 Garden Lane R-1:8 4,745 240 4,985 12,268 0.31 2
16590 Garden Lane (E) R-1:8 1,539 613 2,152 12,064 0.13 1
16590 Garden Lane (P) R-1:8 2,543 524 3,067 10,734 0.23 1
* Residential square footage does not include garages.
**The total square footage numbers do not include below grade square footage.
Seven of the eight properties in the immediate neighborhood are developed as one-story
residences. The property sizes within the immediate neighborhood range from 7,405 square
feet to 13,504 square feet. Based on Town and County records, the residences in the
immediate neighborhood range in size from 1,154 square feet to 4,745 square feet. The FAR
of the residences in the immediate neighborhood range from 0.14 to 0.31. The applicant is
proposing a 2,543-square foot residence and a FAR of 0.23 on a 10,734-square foot parcel.
The proposed project would not result in the largest in terms of square footage or FAR in
the immediate neighborhood.
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SUBJECT: 16590 Garden Lane/S-24-049 and V-24-002
DATE: January 3, 2025
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C. Right-of-Way Dedication
The project requires a 10-foot right-of-way dedication along Garden Lane, reducing the
gross lot size from 12,064 square feet to a net lot size of 10,734 square feet. The 10-foot
right-of-way dedication creates a nonconforming front yard setback of 16 feet, one-inch
where a minimum of 25 feet is required.
D. Variance Application
The applicant is requesting a Variance from Town Code Section 29.40.405(a) to allow a
reduced front yard setback of 16 feet, one-inch where a minimum of 25 feet is required for
R-1:8 zoned properties.
As required by Section 29.20.170 of the Town Code, the deciding body, 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.
The applicant has provided the following justifications for the required Variance findings
(Exhibit 7):
1. In regard to the first finding, during permitted construction of an addition and remodel
to an existing single-story residence more than fifty percent of the exterior wall framing
was removed resulting in a technical demolition of the house. A 10-foot right-of-way
dedication is required as part of the Architecture and Site application, therefore this
requirement reduces the originally provided front setback from 25 feet, seven-inches to
16 feet, one-inch where a 25-foot minimum front yard setback is required. Because of
special circumstances applicable to the property, as that the residence is under
construction with approved building permits with an established front façade setback
and that the property is being required to provide a 10-foot right-of-way dedication the
strict application of this ordinance deprives such property of privileges enjoyed by other
properties in the vicinity and under identical zone; and
2. In regard to finding two, 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 the property is situated.
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SUBJECT: 16590 Garden Lane/S-24-049 and V-24-002
DATE: January 3, 2025
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E. Tree Impacts
On April 29, 2024, the Town Arborist visited the site and provided an arborist report
providing the current condition of the trees on site (Exhibit 9). Tree protection will be
provided on site per the report recommendations.
F. CEQA Determination
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.
PUBLIC COMMENTS:
Project identification signage was installed on the site and written notice was sent to property
owners and tenants located within 300 feet of the subject property. At the time of drafting the
report no public comments have been received.
CONCLUSION:
A. Summary
The applicant is requesting approval of an Architecture and Site application for the technical
demolition of an existing one-story residence and the construction of a new one-story
residence. The proposed project is not the largest in terms of square footage or FAR in the
immediate neighborhood. The project is in compliance with the objective standards of the
Town Code related to allowable floor area, height, lot coverage, and on-site parking
requirements. Due to the approved Building Permit project resulting in a technical
demolition, the project is subject to a 10-foot public right-of-way dedication. The applicant
requests a Variance from the Town Code Section to allow a reduced front yard setback of 16
feet, 1 inch where a minimum of 25 feet is required for R-1:8 zoned properties to maintain
the established front façade setback of the residence that is currently under construction.
The proposed project is the same scope of work as the approved Building Permit. A stop
work order on construction has been issued for Building Permit B21-0900, until the proper
Planning permits have been obtained.
B. Recommendation
Staff recommends that the Planning Commission consider the request and, if merit is found
with the proposed project, take the following steps to approve the Architecture and Site
application and Variance application:
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SUBJECT: 16590 Garden Lane/S-24-049 and V-24-002
DATE: January 3, 2025
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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 findings as required by Section 29.10.09030(e) of the Town Code for the
demolition of existing structures (Exhibit 2);
3. Make the required findings as required by Section 29.20.170 of the Town Code for
granting a Variance (Exhibit 2);
4. Make the finding that the project complies with the objective standards of Chapter 29 of
the Town Code (Zoning Regulations) with the exception of the required front setbacks
(Exhibit 2);
5. Make the finding 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-24-049 and Variance application V-24-002
with the conditions contained in Exhibit 3 and the development plans in Exhibit 10.
C. Alternatives
Alternatively, the Commission can:
1. Continue the matter to a date certain with specific direction; or
2. Approve the application with additional and/or modified conditions; or
3. Deny the application.
EXHIBITS:
1. Location Map
2. Required Findings and Considerations
3. Recommended Conditions of Approval
4. Demolition Affidavit, signed May 12, 2023
5. Notice of Unlawful Demolition
6. Demolition Affidavit, signed April 30, 2024
7. Project Description and Letter of Justification
8. Site Photographs
9. Arborist Report
10. Development Plans