Staff Report.16500 Marchmont Dr
PREPARED BY: Suray Nathan
Assistant 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: 5
DATE: January 3, 2025
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider a Request for Approval to Construct a New Single-Family Residence
with Reduced Front and Side Yard Setbacks on a Nonconforming Vacant
Property Zoned R-1:8. Located at 16500 Marchmont Drive. APN 532-08-017.
Categorically Exempt Pursuant to CEQA Guidelines Section 15303(a): New
Construction or Conversion of Small Structures. Property Owners: Ahmad
Shamsoddini, Elham Eshraghi, and Mehrdad Alipour. Applicant: Tony Jeans.
Project Planner: Suray Nathan.
RECOMMENDATION:
Denial.
PROJECT DATA:
General Plan Designation: Low Density Residential
Zoning Designation: R-1:8 – Single-Family Residential, 8,000 square-foot minimum
Applicable Plans & Standards: General Plan, Residential Design Guidelines
Parcel Size: 5,116 square feet
Surrounding Area:
CEQA:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act, Section 15303(a): New Construction or Conversion
of Small Structures.
Existing Land Use General Plan Zoning
North Residential Low Density Residential R-1:8
South Residential Low Density Residential R-1:10
East Residential Low Density Residential R-1:10
West Residential Low Density Residential R-1:8
PAGE 2 OF 9
SUBJECT: 16500 Marchmont Drive/S-24-021
DATE: January 3, 2025
FINDINGS:
▪ The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15303(a): New
Construction or Conversion of Small Structures;
▪ As required by Section 29.10.265 of the Town Code for modification of zoning rules on
nonconforming lots, including setback requirements;
▪ The project meets the objective standards of Chapter 29 of the Town Code (Zoning
Regulations) except for the requested front and side yard setback reductions; and
▪ The project is in compliance with the Residential Design Guidelines for single-family
residences not located in the hillside area.
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.
BACKGROUND:
The subject property is located on the west side of Hilow Road, just south of the corner of
Marchmont Drive and Hilow Road (Exhibit 1). All surrounding properties are zoned for and
developed with single-family residential uses. The property is a 5,116-square foot vacant lot
and is zoned R-1:8.
On January 10, 2024, the Town approved a Senate Bill 9 (SB 9) Urban Lot Split that was
submitted by the current applicant for this Architecture and Site application. The Urban Lot
Split divided a 12,426-square foot lot into two parcels: a 7,310-square foot lot developed with a
1,950-square foot single-story dwelling, and the subject property, a 5,116-square foot vacant
lot.
The R-1:8 zone requires a minimum lot size of 8,000 square feet and a minimum lot width of 60
feet. The subject property is 5,116 square feet with a lot width of 54 feet. Therefore, the
subject property is nonconforming as to lot size and lot width. The only nonconforming
property within the immediate neighborhood is the other parcel created through the SB 9
Urban Lot Split, which has a lot size of 7,310 square feet.
On June 11, 2024, the applicant applied for an Architecture and Site Application (S-24-021) for a
proposed 1,468-square foot single-story residence with an attached 510-square foot garage,
1,081 square feet of below-grade square footage, and a 512-square foot basement-level
Accessory Dwelling Unit (ADU). The proposed residence includes reduced front and side yard
setbacks.
PAGE 3 OF 9
SUBJECT: 16500 Marchmont Drive/S-24-021
DATE: January 3, 2025
The proposed project meets the technical requirements of the Town Code for floor area,
building coverage, parking, and height. The project is being referred to the Planning
Commission to consider whether the reduced setbacks are consistent with other homes in the
immediate neighborhood.
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The subject property is located on the west side of Hilow Road, just south of the corner of
Marchmont Drive and Hilow Road, approximately a quarter of a mile south of Shannon
Road and half a mile west of Los Gatos Boulevard (Exhibit 1). All surrounding properties are
zoned for and developed with single-family residential uses.
B. Project Summary
The applicant is proposing a new 1,468-square foot single-story residence with an attached
510-square foot garage, 1,081 square feet of below-grade square footage, and a 512-square
foot basement-level ADU. The proposed residence includes a front setback of 16 feet,
where 25 feet is required by the zone, side yard setbacks of six feet on both sides, where
eight feet is required by the zone, and a height of 20 feet, 11 and a half inches, where a
maximum height of 30 feet is allowed by the zone.
C. Zoning Compliance
A single-family residence is permitted in the R-1:8 zone. The parcel is 5,116 square feet
where the minimum for an R-1:8 zone parcel is 8,000 square feet, and therefore, it is
considered nonconforming. The applicant is requesting an exception pursuant to Town
Code Section 29.10.265, which allows the Planning Commission to consider modification of
any rule of the zone, including front, side, and rear yard requirements, by the terms of an
architecture and site approval so that the building and its use will be compatible with the
neighborhood.
DISCUSSION:
A. Architecture and Site Analysis
Pursuant to Town Code Section 29.40.075, the maximum allowable square footage for the
5,116-square foot property is 1,791 square feet for a residence and 512 square feet for a
garage. The applicant is proposing a new 1,468-square foot single-story residence with an
attached 510-square-foot garage, 1,081 square feet of below-grade square footage, and a
512-square foot basement-level ADU (Exhibit 11). Pursuant to state law, the ADU will be
processed under a ministerial building permit and is not the subject of this Architecture and
Site application.
PAGE 4 OF 9
SUBJECT: 16500 Marchmont Drive/S-24-021
DATE: January 3, 2025
The applicant has provided a Letter of Justification detailing the project (Exhibit 4). The
project proposes a traditional style residence with details consistent with the neighborhood
(Exhibit 11). Proposed exterior materials include: a composite shingle roof; gray/beige
stucco siding; black wood-clad windows with divided lights; 14-inch square wood columns;
wood railing; and a cedar-stained wood garage door at the front façade (Exhibit 5). The
proposed one-story residence includes a 1,468-square foot main floor, a 510-square foot
attached garage, 1,081 square feet of below-grade square footage, and a 512-square foot
basement ADU. A summary of the floor area for the proposed residence is included in the
table below.
Floor Area Summary
Allowed SF Proposed SF
First Floor 1,791 1,468
Below Grade Area N/A 1,087
Garage 512 510
B. Site Design
The proposed residence would be centered between the side property lines, extending two
feet into each required side setback (Exhibit 11). The residence also extends nine feet into
the required front setback, but would comply with the required rear setback. An attached
two-car garage would be located on the south side of the residence and served by a
driveway taking access from Hilow Road. The proposed site design provides a street
presence that is consistent with the immediate neighborhood.
C. Building Design
The proposed residence is designed in a generic traditional architectural style, with
gray/beige stucco siding, black wood-clad windows with divided lights, 14-inch square wood
columns, wood railing, and a cedar-stained wood garage door at the front façade (Exhibit 5).
The proposed hipped roof has grey composite shingles.
The Town’s Consulting Architect reviewed the proposed residence on June 14, 2024
(Exhibit 6). In the report, the Consulting Architect noted that the proposed residence is
modest in size in a generic-traditional architectural style. Its height is limited by placing
roughly half of the floor space in a cellar configuration. The Consulting Architect identified
six issues and concerns and provided recommendations for changes to increase
compatibility with the Residential Design Guidelines and the immediate neighborhood. In
response to these recommendations, the applicant made modifications to the design of the
residence and submitted a letter responding to the recommendations (Exhibit 7). The
Consulting Architect’s issues and recommendations are provided below, followed by the
applicant’s response in italics.
1. While the overall height of the house would be limited by virtue of the partially below-
grade configuration, the eave line would be considerably higher than other homes in its
PAGE 5 OF 9
SUBJECT: 16500 Marchmont Drive/S-24-021
DATE: January 3, 2025
immediate neighborhood. That would not be consistent with Residential Design
Guideline 3.3.2. Recommendation: Redesign the entry porch to be compatible with
other homes in the neighborhood. Recommendations include eliminating the stone
façade and adding landscaping to buffer the view of the tall porch eave line.
Entry Porch Design:
a. Stone accents eliminated.
b. Residential Design Guideline 3.10.1:
i. The column design has been amended to painted wood construction.
ii. A well-proportioned beam has been added above the porch columns and is
visible from both inside and outside of the porch.
iii. The railings have been amended to painted wood construction.
iv. The vertical balusters will be constructed with simple square balusters.
v. The porch stairs are specified to match the finish of the porch flooring.
vi. The landscape plan includes plantings to buffer the porch eave line.
2. The proposed metal roofing would be out of character in this neighborhood. Select a
roofing material that is more consistent with the material, color, and texture of other
homes in the immediate neighborhood.
The standing seam metal roof has been removed, and grey composite shingles have
been proposed to be more consistent in material, color, and texture with nearby
neighborhood homes.
3. Avoid designs that allow the garage to dominate the street façade and limit the
prominence of the garage by recessing the garage door to be consistent with Residential
Design Guideline 3.4.1.
The garage door has been recessed to be consistent with Residential Design Guideline
3.4.1.
4. Residential Design Guideline 3.10.4 states that chimneys should extend to ground level
and avoid cantilevers above ground level. Extend the proposed cantilevered chimney to
grade consistent with Residential Design Guideline 3.10.4.
The applicant has added corbels to the cantilevered chimney; however, has not extended
the chimney to grade to be consistent with Residential Design Guidelines 3.10.4 as
recommended by the Town’s Consulting Architect.
5. Wood trim is encouraged on stucco houses, and divided lights are common in many
home styles in Los Gatos. Add trim at all windows to be consistent with Residential
Design Guideline 3.7.4.
Window trim has been added to all doors and windows, and all windows now include
divided lights.
PAGE 6 OF 9
SUBJECT: 16500 Marchmont Drive/S-24-021
DATE: January 3, 2025
6. The proposed columns are too small for the scale of this house. Increase the size of the
columns on the rear façade to be consistent with Residential Design Guideline 3.10.1.
The size of the columns at the rear balcony have been increased.
D. Tree Impacts
The subject property contains seven trees: three Siberian Elms; one Olive; one Deodar
Cedar; one Aleppo Pine; and one Pepper tree. The project proposes removal of five of the
protected trees (Exhibit 11, Sheet A1.1). Pursuant to Section 29.10.0970 of the Town Code,
fruit trees less than 18 inches in diameter may be removed without a tree removal permit.
The Consulting Arborist provided recommendations for tree preservation and
recommended planting 15 replacement trees of 15-gallon size to offset the proposed tree
removal (Exhibit 8). The development plans show that 23 trees would be planted to offset
the tree removal.
E. Parking
Pursuant to Section 29.10.150(c)(1) of the Town Code, a single-family residence requires
two on-site parking spaces. The applicant has satisfied the requirement by including an
attached two-car garage (Exhibit 11, Sheet A2.1).
F. Neighborhood Compatibility
The immediate neighborhood is predominantly one-story single-family residences. Based
on Town and County records, the residences in the immediate area range in size from 1,618
square feet to 4,723 square feet. The floor area ratios range from 0.12 to 0.27. The
proposed residence would be 1,468 square feet with a floor area ratio of 0.29. Pursuant to
Town Code, the maximum allowable square footage for the 5,116-square foot lot is 1,791
square feet with a maximum floor area ratio of 0.35. The table below reflects the current
conditions of the immediate neighborhood:
Address Zoning
House
Floor
Area
Garage
Floor
Area
Total
Floor
Area
Lot Size House
FAR
No. of
Stories
16500 Marchmont Dr (E) R-1:8 N/A N/A N/A 5,116 N/A N/A
16500 Marchmont Dr (P) R-1:8 1,468 510 1,978 5,116 0.29 1
16500 Marchmont Dr Par 1 R-1:8 1,950 435 2,385 7,310 0.27 1
16501 Marchmont Dr R-1:8 1,618 899 2,517 13,550 0.12 1
159 Cardinal Ln R-1:10 2,258 492 2,750 12,720 0.18 1
160 Robin Wy R-1:10 2,858 500 3,358 14,374 0.20 1
135 Longmeadow Dr R-1:10 2,854 441 3,295 16,552 0.17 1
139 Longmeadow Dr R-1:10 4,723 789 5,512 25,384 0.19 1
201 Marchmont Dr R-1:10 2,101 507 2,608 9,928 0.21 1
PAGE 7 OF 9
SUBJECT: 16500 Marchmont Drive/S-24-021
DATE: January 3, 2025
The proposed residence would be the largest home in the immediate neighborhood in
terms of FAR, but the smallest in terms of floor area.
G. Setbacks
The vacant property was created by the applicant through an Urban Lot Split under SB 9,
resulting in a nonconforming parcel size of 5,116 square feet and a nonconforming lot width
of 54 feet. The proposed project includes an exception to the required front and side yard
setbacks (Exhibit 11). Pursuant to the Town Code, the required front setback is 25 feet, and
the proposed front setback is 16 feet. The required side yard setback is eight feet, and the
proposed side setbacks are six feet on each side.
Town Code Section 29.10.265 allows modification of any rule of the zone, including front,
side, and rear yard setback requirements, under an Architecture and Site application if it is
found that the building and its use will be compatible with the neighborhood. The applicant
provided information on neighborhood compatibility in Exhibits 6 and 10.
The applicant provided a Letter of Justification for the reduced setbacks (Exhibit 9). In their
letter, the applicant notes that the property is nonconforming in terms of size and width,
making it appropriate to consider reduced setbacks. The applicant also notes that the
property’s frontage on Hilow Road is unusual to the neighborhood pattern. Lastly, the
applicant provided an exhibit showing the approximate distance of neighboring residences
to their property lines and edge of the street to demonstrate the compatibility of the
proposed setbacks with the neighborhood. This includes the property to the north of the
subject property, which is the other parcel created through the SB 9 Urban Lot Split.
Regarding the nonconforming characteristics of the property, staff notes that they did not
exist prior to the SB 9 lot split. The applicant determined the subject property’s size and
width, consistent with the requirements of SB 9. The property’s frontage on Hilow Road is
unique for the neighborhood, but also resulted from the SB 9 lot split. Regarding the
consistency of the proposed reduced setbacks within the neighborhood, the applicant’s
exhibit provides dimensions, but does not indicate whether the measured setbacks are
front, side, or street-side. The following table reflects the setbacks provided in Town
records.
Address Zoning
Required
Front Yard
Setback
Proposed
or
Existing
Front
Yard
Setback
Required
Side
Yard and
Street
Side
Yard
Setbacks
Proposed
or Existing
Side Yard/
Street Side
Setbacks
16500 Marchmont Dr (Parcel 2) R-1:8 25' 16' 8’ 6’
16500 Marchmont Dr (Parcel 1) R-1:8 25' 25' 8’/15’ 11’/15’
PAGE 8 OF 9
SUBJECT: 16500 Marchmont Drive/S-24-021
DATE: January 3, 2025
16501 Marchmont Dr R-1:8 25' 25'-11" 8’/15’ 16’-11”/18’
159 Cardinal Lane R-1:10 25' 26'-6" 10’/15’ 5’/16’-2”
160 Robin Way R-1:10 25' 30' 10’/15’ 8’/16’
201 Marchmont Dr R-1:8 25' 25’ 8’/15’ *
*No Town records were found.
The neighborhood analysis shows that the subject house is the only one that does not
conform to the front yard setback; however, two houses do not conform to the side yard
setback. As such, staff is unable to make the finding that the proposed reduced front yard
setback is compatible with the neighborhood, as required by Town Code Section 29.10.265.
H. Neighbor Outreach
The applicant provided a map showing the homes visited along with a list of the names of
the neighbors they consulted (Exhibit 10). The applicant mentioned that they have
consulted with several neighbors who have verbally expressed support for the project. At
the time of preparation of this report, no public comment has been received.
I. 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:
Story poles and project signage were installed on the subject property prior to mailing of
notices for the public hearing. Written notice was sent to property owners and residents
within 300 feet of the subject property. At the time of preparation of this report, no public
comment has been received.
CONCLUSION:
A. Summary
The applicant requests approval to construct a new single-family residence with reduced
front and side yard setbacks on a nonconforming vacant property. The proposed residence
includes a front setback of 16 feet, where 25 feet is required, and side setbacks of six feet,
where eight feet is required. The R-1:8 zone requires a minimum lot size of 8,000 square
feet and a minimum lot width of 60 feet. The subject property is 5,116 square feet with a lot
width of 54 feet. Therefore, the subject property is nonconforming as to lot size and lot
width. Town Code Section 29.10.265(3) allows the Planning Commission to modify the front
and side yard setback requirement of a nonconforming lot if it is found that the building and
its use will be compatible with the neighborhood.
PAGE 9 OF 9
SUBJECT: 16500 Marchmont Drive/S-24-021
DATE: January 3, 2025
B. Recommendation
Based on the analysis provided above, staff recommends that the Planning Commission
deny the Architecture and Site application as the proposed reduced front setback is not
compatible with the neighborhood as required by Town Code Section 29.10.265.
C. Alternatives
Alternatively, the Commission can:
1. Approve the application by taking the following actions:
a. 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);
b. Make the finding as required by Section 29.10.265 of the Town Code for allowing an
exception to setbacks on a non conforming property (Exhibit 2);
c. Make the finding that the project complies with the objective standards on Chapter
29 of the Town Code except the requested front and side yard setback reduction
(Exhibit 2);
d. 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);
e. Make the finding that the project is in compliance with the Residential Design
Guidelines for single-family residences not located in hillside areas (Exhibit 2); and
f. Approve Architecture and Site Application S-24-021 with the draft conditions
contained in Exhibit 3.
2. Continue the matter to a date certain with specific direction; or
3. Approve the application with additional and/or modified conditions.
EXHIBITS:
1. Location Map
2. Required Findings
3. Recommended Conditions of Approval
4. Letter of Justification
5. Color and Materials Board
6. Consulting Architect’s Report
7. Applicant’s Response to the Consulting Architect's Report
8. Consulting Arborist’s Report
9. Letter of Justification for reduced setbacks
10. Applicant’s neighborhood outreach efforts
11. Development Plan
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