Staff Report.176 Loma Alta Ave
PREPARED BY: Maria Chavarin
Assistant 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: 01/22/2025
ITEM NO: 2
DATE: January 17, 2025
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider a Request for Approval to Demolish an Existing Single-Family
Residence, Construct a New Single-Family Residence to Exceed Floor Area
Ratio (FAR) Standards with Reduced Side Yard Setbacks, Construct an
Accessory Structure with Reduced Side Yard Setbacks, and Site Improvements
Requiring a Grading Permit on a Nonconforming Property Zoned R-1:8.
Located at 176 Loma Alta Avenue. APN 532-28-031. Architecture and Site
Application S-24-042. Categorically Exempt Pursuant to the California
Environmental Quality Act (CEQA) Guidelines, Section 15303(a): New
Construction or Conversion of Small Structures. Property Owner: The
Thornberry 2021 Revocable Trust dated November 4, 2021, and The Donald
S. Thornberry and Barbara J. Gardner Revocable Living Trust dated December
21, 2010. Applicant: Jay Plett. Project Planner: Maria Chavarin.
RECOMMENDATION:
Denial.
PROJECT DATA:
General Plan Designation: Low Density Residential
Zoning Designation: R-1:8
Applicable Plans & Standards: General Plan; Residential Design Guidelines
Parcel Size: 7,435 square feet
PAGE 2 OF 12
SUBJECT: 176 Loma Alta Avenue/S-24-042
DATE: January 17, 2025
Surrounding Area:
CEQA:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act (CEQA), Section 15303(a): 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 (CEQA), Section 15303(a): 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 29.40.075 (c) of the Town Code for granting approval of an exception
to the FAR standards.
▪ As required by Section 29.10.265 (3) 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) with the exception of requests to exceed FAR standards, for reduced side yard
setbacks for a single-family residence, and for reduced side yard setbacks for an accessory
structure.
▪ The project complies 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 for granting approval of an
Architecture and Site application.
ACTION:
The decision of the Planning Commission is final unless appealed within ten days.
Existing Land Use General Plan Zoning
North Residential Low Density Residential R-1:8
South Residential Low Density Residential R-1:8
East Residential Low Density Residential R-1:8
West Residential Low Density Residential R-1:8
PAGE 3 OF 12
SUBJECT: 176 Loma Alta Avenue/S-24-042
DATE: January 17, 2025
BACKGROUND:
The subject property is located on the south side of Loma Alta Avenue between Redhead Lane
and Loma Alta Avenue (Exhibit 1). The property is 7,435 square feet and is nonconforming as to
size, where 8,000 square feet is required for a parcel in the R-1:8 zone. In addition, the property
is nonconforming as to lot width, where the lot width is 37 feet, nine inches, where 60 feet is
required for a parcel in the R-1:8 zone.
The Architecture and Site application is being referred to the Planning Commission because
the applicant is proposing to exceed the maximum allowed floor area ratio (FAR) by 964 square
feet and is requesting reduced side yard setbacks for the main residence and a detached
garage. The residence would also have the largest FAR and largest square footage in the
immediate neighborhood based on Town and County records.
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The subject property is located on the south side of Loma Alta Avenue, approximately 315
feet south of the intersection with Redhead Lane (Exhibit 1). The property is approximately
7,435 square feet and is developed with an existing one-story residence with a detached
garage. The subject site and surrounding properties are comprised of single-family homes.
B. Project Summary
The applicant proposes demolition of the existing 996-square foot single-family residence
and 280-square foot detached garage, and construction of a new 2,897-square foot two-
story single-family residence and a 539-square foot detached garage (Exhibit 15). The
residence includes areas of below grade square footage, some of which would count toward
FAR as it extends beyond the footprint of the building above. A Grading Permit is required
for site work with earthwork quantities exceeding 50 cubic yards. The project requires
exceptions to FAR standards and setbacks.
C. Zoning Compliance
The subject property is 7,435 square feet, and is nonconforming as to size, where 8,000
square feet is required for a parcel in the R-1:8 zone. In addition, the property is
nonconforming as to lot width, having a width of 37 feet, nine inches, where 60 feet is
required for a parcel in the R-1:8 zone. A single-family residential use is permitted in the
R-1:8 zone. The project complies with the zoning regulations for parking, height, front and
rear setbacks, and lot coverage. The applicant requests exceptions to the zoning standards
for FAR, side setbacks for the residence, and side setbacks for the detached garage.
PAGE 4 OF 12
SUBJECT: 176 Loma Alta Avenue/S-24-042
DATE: January 17, 2025
DISCUSSION:
A. Architecture and Site Analysis
The applicant proposes demolition of the existing single-family residence and construction
of a 2,897-square foot two-story single-family residence, with 1,505-square foot of below
grade square footage, and a 529-square foot detached garage. A 521-square foot portion of
the below grade square footage is countable toward FAR as it extends beyond the footprint
of the building above. The applicant requests approval to exceed the maximum allowable
FAR by 964 square feet, discussed in Section C below. A summary of the floor area for the
existing and proposed residence is included in the following table.
The maximum height of the proposed residence is 30 feet where a maximum height of 30
feet is allowed in the R-1:8 zone. The proposed residence would be the tallest in the
immediate neighborhood based on the information provided by the applicant. The height of
the proposed detached garage is 13 feet, where 15 feet is the maximum allowed height for
an accessory structure. The immediate neighborhood is made up of one and two-story
residences. The applicant provided a streetscape diagram on Sheet A.1-1 of Exhibit 15,
illustrating the proposed height of the residence as seen from the sidewalk, in relation to
the residences in the immediate neighborhood.
The proposed residence would have a front yard setback of 16.6 feet, where 25 feet is
required, as discussed in Section E below. The proposed residence would have a right-side
yard setback of three feet where eight feet is required and a left-side yard setback of four
feet where eight feet is required.
Floor Area Summary
Existing SF Proposed SF Allowed SF Notes
Main Residence
First Floor
Second Floor
Total
Countable Below-Grade Area
Total Countable
996
--
996
--
1,684.5
1,212.5
2,897
521
3,418
--
--
2,454 max.
Exceeds Max
Allowable FAR
by 954 s.f.
Below-Grade Area* 0 984 Exempt
Garage 280 529 691
* Pursuant to Sec. 29.10.020, floor area means the entire enclosed area of all floors that are
more than four feet above the proposed grade, measured from the outer face of exterior
walls or in the case of party walls from the centerline.
PAGE 5 OF 12
SUBJECT: 176 Loma Alta Avenue/S-24-042
DATE: January 17, 2025
The applicant proposes a 529-square foot detached garage and requests an exception to
setback requirements for a side yard setback of four feet where five feet is required.
The applicant provided a Letter of Justification discussing the project (Exhibit 4).
B. Building Design
The project consists of an Italianate Victorian style residence with earth toned colors and
materials. Proposed exterior materials include: a composition shingle roof (dark gray); stone
veneer accents; wood lap siding; iron railings including a decorative widow’s walk; and
aluminum-clad wood windows (Exhibit 5).
The Town’s Consulting Architect reviewed the proposed residence on August 20, 2024
(Exhibit 6). The Consulting Architect made three recommendations to increase compatibly
with the Residential Design Guidelines. In response, the applicant made modifications to
the design of the residence addressing one of the three recommendations. In their written
response, the applicant details the design changes and provides justification regarding the
other recommendations (Exhibit 7). The Consulting Architect’s concerns and
recommendations are provided below, followed by the applicant’s response in italics.
1. The gabled entry porch extension is much larger than is typical for this architectural
style. Eliminate the projecting entry gable in favor of a simple flat front porch eave line
as is typical for this architectural style.
The gable proposed at the entry is an appropriate Italianate feature we would like to
retain. See attached photos of examples. However, consulting architect suggested the
porch should be setback farther, which we have incorporated into our design. Refer to
building elevations.”
2. The rear porch beam span is quite long for this architectural style. Add columns on the
rear porch.
Our design has incorporated the use of double columns at the rear veranda, in lieu of
single columns as suggested. We believe the use of double columns provides appropriate
support massing for the style.
3. The rear elevation metal roof is isolated and would not be consistent with the proposed
architectural style. Eliminate the rear façade metal roofing in favor of using the same
roofing as shown for the rest of the house.
No written response was provided from the applicant in Exhibit 7; however,
recommended changes were made and are reflected on Sheet A-6 of Exhibit 15.
PAGE 6 OF 12
SUBJECT: 176 Loma Alta Avenue/S-24-042
DATE: January 17, 2025
The applicant responded through design changes to one of the three recommendations
provided by the Consulting Architect. The applicant provided written justification in
response to the recommendations regarding the projecting entry gable and the rear porch
columns (Exhibit 7).
C. Neighborhood Compatibility
Pursuant to Section 29.40.075 of the Town Code, the maximum FAR for the subject
property is 0.33 (2,454 square feet). The proposed residence would have an FAR of 0.46
(3,418 square feet), exceeding the maximum allowable floor area by 954 square feet. The
table below reflects the current conditions of the homes in the immediate neighborhood:
Immediate Neighborhood Comparison
Address Zoning
House
Floor
Area
Garage
Floor
Area
Total
Floor
Area
Lot
Size
House
FAR
No. of
Stories
Exceed
FAR?
178 Loma Alta Ave R-1:8 1,300 325 1,625 8,090 0.16 2 No
180 Loma Alta Ave R-1:8 2,605
733
3,338
8,010 0.33 2 No
172 Loma Alta Ave R-1:8 2,332 630 2,962 7,132 0.33 2 No
162 Loma Alta Ave R-1:8 2,647 622 3,269 8,680 0.30 2 No
177 Loma Alta Ave R-1:8 2,227 484 2,711 6,640 0.34 2 No
179 Loma Alta Ave R-1:8 2,919 577 3,496 7,500 0.39 1 Yes by
444 sf
185 Loma Alta Ave R-1:8 1,206 0 1,206 7,500 0.16 1 No
116 Alta Heights Ct R-1:8 1,933 437 2,370 6,490 0.30 2 No
175 Loma Alta Ave R-1:8 2,357 400 2,757 6,100 0.39 2 Yes by
283 sf
176 Loma Alta Ave
(E)
R-1:8 996 280 1,276 7,435 0.13 1 No
176 Loma Alta Ave.
(P)
R-1:8 3,418 529 3,947 7,435 0.46 2 Yes by
964 sf
Based on Town and County records, the residences in the immediate neighborhood range in
size from 1,206 square feet to 2,919 square feet. The floor area ratios range from 0.16 to
0.39. The applicant proposes a 3,418-square foot residence (including 521 square feet of
countable below-grade square footage) and a 529 square foot detached garage on a 7,435-
square foot parcel. The proposed residence would be the largest in terms of square footage
and FAR in the immediate neighborhood.
Exhibit 4 contains the applicant’s Letter of Justification indicating that the proposed
residence will not be the largest residence in terms of above grade floor area or FAR in the
PAGE 7 OF 12
SUBJECT: 176 Loma Alta Avenue/S-24-042
DATE: January 17, 2025
neighborhood. The applicant’s justification includes that the proposed project has located
521 square feet of the below grade square footage outside of the building’s footprint to
accommodate the neighbors existing redwood trees. This square footage is countable per
Town Code. The applicant has designed the below grade square footage, although being
countable to the square footage and FAR, to be setback from the redwood trees, reducing
excavation and grading because the below grade square footage is located downhill behind
the house. The applicant’s justification includes that the proposed below grade square
footage does not contribute to the building’s bulk and mass.
D. Exceeding the Maximum Allowable Residential FAR
As summarized in the following table, the maximum allowable residence size for the
property is 2,454 square feet. The proposed residence exceeds the maximum allowed by
964 square feet. A 521-square foot portion of the below grade square footage is countable
per Town Code as it extends beyond the footprint of the building above. The above grade
square footage of the residence exceeds the maximum allowed by 443 square feet.
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.
Neighborhood Compatibility - FAR
As provided in the Immediate Neighborhood Comparison table above, there are two
examples of residences in the immediate neighborhood that exceed maximum allowable
FAR. The residence at 179 Loma Alta exceeds the maximum allowable FAR by 444 square
feet and the residence at 175 Loma Alta Avenue exceeds the maximum allowable FAR by
283 square feet.
Proposed FAR
Proposed SF Allowed SF Notes
Main Residence
Total
Countable Below-Grade Area
Total Countable
2,897
521
3,418
--
--
2,454 max.
Exceeds Max
Allowable FAR
by 954 s.f.
Exempt Below-Grade Area 984 Exempt
PAGE 8 OF 12
SUBJECT: 176 Loma Alta Avenue/S-24-042
DATE: January 17, 2025
As discussed above the proposed project exceeds the maximum allowable residential FAR
by 964 square feet, with 521 square feet of the below grade square footage countable per
Town Code. The proposed above grade square footage of the residence exceeds the
maximum allowable FAR by 443 square feet. One other house in the immediate
neighborhood exceeds the maximum allowable FAR by 444 square feet.
E. Setbacks
Pursuant to Town Code, the R-1:8 zone requires a front setback of 25 feet, a rear yard
setback of 20 feet, and side yard setbacks of eight feet. Section 29.10.265 (3) of the Town
Code allows any rule of the zone, including setbacks, to be modified on a nonconforming lot
when the deciding body finds that the building and its use will be compatible with the
neighborhood. As noted, the subject property is nonconforming as to size and lot frontage.
The proposed project meets the required rear setbacks.
Front Setback - Main Residence
Pursuant to Town Code Section 29.40.050, when a lot is situated between two lots, each
having a residence that lawfully projects into the required front yard setback, the front yard
setback requirement on such lot may be the average of the front yards of the existing
buildings on the adjacent lots. This section of the Town Code was used to determine the
required front yard setback for the subject property. Exhibit 8 includes a survey showing the
locations and front setbacks of the residences on the adjacent properties. The average front
yard setback of the two adjacent residences is 16 feet, 1.8 inches where the project
proposes a front setback of 16 feet, six inches (Exhibit 15). Therefore, the proposed front
setback meets the requirements of the Town Code.
Side Setback - Main Residence
The proposed residence includes a right side yard setback of five feet and a left side yard
setback of four feet, where eight is required on either side (Exhibit 15, Sheet A-1). In their
Letter of Justification, the applicant provides eight examples of residences in the immediate
neighborhood that have reduced side yard setbacks between zero feet and five feet (Exhibit
4). The applicant has provided a Neighborhood Plan on Sheet A.1-1 of Exhibit 15 which
illustrates the reduced side yard setbacks in the immediate neighborhood. The proposed
reduced side yard setbacks are compatible with the immediate neighborhood’s pattern of
reduced setbacks.
Side Setback - Accessory Structure
The applicant is also requesting a reduced side setback of four feet where a minimum of
five feet is required for an accessory structure (detached garage) pursuant to the Town
Code, Section 29.40.015(B)(1). The applicant has provided a Neighborhood Plan on Sheet
PAGE 9 OF 12
SUBJECT: 176 Loma Alta Avenue/S-24-042
DATE: January 17, 2025
A.1-1 of Exhibit 15 which illustrates one example of a reduced accessory structure side yard
setbacks of 2 feet, six inches in the immediate neighborhood, as shown in the diagram
above. Detached accessory structures may request reduced side and rear yard setbacks up
to three feet through a Minor Residential application.
Rear Setback- Accessory Structure
Town Code, Section 29.40.065 refers to rear yards that open into an alley, allowing one-half
the width of the alley to be used in measurement of the rear yard setback. The required
rear yard setback for an accessory structure is five feet. The rear property line is adjacent to
a 19-foot wide alley. The proposed detached garage is located three feet from the property
line. When considering one-half of the alley width into the rear yard setback for the
detached garage, the garage meets the required rear yard setback.
F. Parking
Pursuant to Section 29.10.150 (c)(1) of the Town Code, a single-family residence requires
two off-street parking spaces. The applicant proposes a detached one-car garage and an
uncovered parking space accessed from the alley at the rear. The project complies with the
minimum parking requirements for a single-family residence.
G. Tree Impacts
The applicant submitted an Arborist Report prepared by Bo Firestone Trees and Gardens
providing details of the assessed trees located onsite, near the public street, and adjacent to
the subject property (Exhibit 9). The Town’s Consulting Arborist peer review this report and
recommended adoption of the report and its recommendations for the project (Exhibit 10).
Staff received comments from neighbors regarding impacts to protected trees that are
located adjacent to the subject property. One of the letters expressed concerns of life and
safety in relation to development impacts to adjacent trees (Exhibit 11). The Arborist report
by Bo Firestone Trees and Gardens indicates the necessary steps to mitigate impacts to
trees (Exhibit 9, Pages 10 and 11). Subsequently, staff received a response from the
property owner summarizing their discussion with their neighbor regarding impacts to
protected trees in relation to the basement (Exhibit 12).
PAGE 10 OF 12
SUBJECT: 176 Loma Alta Avenue/S-24-042
DATE: January 17, 2025
H. Neighborhood Outreach
The property owners have been in communication with the surrounding neighbors
regarding the proposed project. Several letters from neighbors are included in Exhibit 11.
Based on the applicant’s neighborhood outreach and the public comments received by staff
the following issues have been raised:
1. Neighborhood Compatibility – Massing, FAR and setbacks.
2. Tree Protection of Existing Trees – Chinese Elm and Redwood.
3. Drainage.
4. Privacy – Window and Balcony Placement.
5. Impacts to Views and Natural Light.
The property owner has provided responses summarizing their discussion with their
neighbor regarding existing trees and impacts of the proposed development (Exhibit 12). In
addition, the applicant provided a letter describing their neighborhood outreach (Exhibit
13). The project architect provided a letter responding to the neighbor’s concerns (Exhibit
14).
I. CEQA Determination
The Project is Categorically Exempt Pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act (CEQA), Section 15303(a): New
Construction or Conversion of Small Structures.
PUBLIC COMMENTS:
A project sign was installed on the site and written notice was sent to property owners and
tenants located within 300 feet of the subject property. Public comments received prior to
11:00 a.m. on Friday, January 17, 2025, are included in Exhibit 11.
CONCLUSION:
A. Summary
The applicant is requesting approval of an Architecture and Site application to demolish an
existing single-family residence, and construct a new two-story single-family residence. The
property is nonconforming with regards to lot size and lot width for a R-1:8 zoned parcel.
The project is in compliance with the Town Code, with the exception to the FAR standards
for the residence and the reduced side yard setback requests for the main residence and
detached garage. The proposed residence is the tallest in the immediate neighborhood. The
proposed project exceeds the maximum allowable FAR by 964 square feet, results in the
PAGE 11 OF 12
SUBJECT: 176 Loma Alta Avenue/S-24-042
DATE: January 17, 2025
largest home in the immediate neighborhood in terms of floor area and FAR and proposes
the tallest residence by height in the immediate neighborhood.
B. Recommendation
Based on the analysis above, staff recommends denial of the Architecture and Site
application based on concerns related to FAR size, neighborhood compatibility, and
consistency with the Residential Design Guidelines, as discussed in this report.
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(a): New Construction or Conversion of Small Structures
(Exhibit 2);
b. Make the findings as required by Section 29.10.09030 (e) of the Town Code for the
demolition of existing structures (Exhibit 2);
c. 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);
d. Make the findings as required by Section 29.10.265 (3) of the Town Code for
modification of zoning rules on nonconforming lots, including setback requirements
(Exhibit 2);
e. 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 requests to
exceed FAR standards, for reduced side yard setbacks for a single-family residence,
and for reduced side and rear setbacks for an accessory structure (Exhibit 2);
f. Make the finding that the project complies with the Residential Design Guidelines
(Exhibit 2);
g. 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
h. Approve Architecture and Site application S-24-042 with the conditions contained in
Exhibit 3 and the development plans in Exhibit 15.
2. Approve the application with additional and/or modified conditions; or
3. Continue the matter to a date certain with specific direction.
PAGE 12 OF 12
SUBJECT: 176 Loma Alta Avenue/S-24-042
DATE: January 17, 2025
EXHIBITS:
1. Location Map
2. Required Findings and Considerations
3. Recommended Conditions of Approval
4. Letter of Justification
5. Colors and Materials Board
6. Consulting Architect Report
7. Applicant’s Response to Consulting Architect Report
8. Survey with Setbacks of Adjacent Residences
9. Arborist Report by Bo Firestone & Gardens
10. Peer Review Letter by Town’s Consulting Arborist
11. Public Comments Received Prior to 1100 a.m., Friday, January 17, 2025
12. Property Owner’s Response to Public Comment
13. Applicant’s Neighborhood Outreach Summary
14. Applicant’s Response to Public Comment
15. Development Plans