Staff Report.119 Harwood Ct
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: 03/12/2025
ITEM NO: 4
DATE: March 7, 2025
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider a Request for Approval to Demolish an Existing Single-Family
Residence and Construction of a New Single-Family Residence, Remove Large
Protected Trees, and Site Work Requiring a Grading Permit on Property
Zoned HR-2½. Located at 119 Harwood Court. APN 527-56-027. Architecture
and Site Application S-24-040. Categorically Exempt Pursuant to CEQA
Guidelines Section 15303(a): New Construction or Conversion of Small
Structures. Property Owners: Donal and Maire Conroy. Applicant: Gary
Kohlsaat. Project Planner: Suray Nathan.
RECOMMENDATION:
Consider a request for approval to demolish an existing single-family residence and construct a
new single-family residence, remove large protected trees, and site work requiring a Grading
Permit on property zoned HR-2 ½, located at 119 Harwood Court.
PROJECT DATA:
General Plan Designation: Hillside Residential (0-1 dwelling unit/acre)
Zoning Designation: HR-2½ - Hillside Residential
Applicable Plans & Standards: Town Code, General Plan, Hillside Development Standards and
Guidelines
Parcel Size: 29,556 square feet
Surrounding Area:
Existing Land Use General Plan Zoning
North Residential Hillside Residential HR-2½
South Residential Hillside Residential HR-2½
East Residential San Jose N/A
West Residential Hillside Residential HR-2½
PAGE 2 OF 9
SUBJECT: 119 Harwood Court/S-24-040
DATE: March 7, 2025
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.
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 29.10.09030 (e) of the Town Code for the demolition of existing
structures;
▪ The project meets the objective standards of Chapter 29 of the Town Code (Zoning
Regulations);
▪ The project is in compliance with the Hillside Development Standards and Guidelines for
single-family residences with the exceptions to build outside the Least Restrictive
Development Area (LRDA) and to construct a retaining wall exceeding 50 linear feet in a
continuous direction; and
▪ The project complies with the Hillside Specific Plan.
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 east side of Harwood Court, approximately 0.70 miles
south of Blossom Hill Road (Exhibit 1). All surrounding properties are zoned Hillside Residential
and developed with single-family residential uses. The property is zoned HR-2½ and has a gross
lot size of 29,556 square feet. The average slope of the property is 34.4 percent and the
resulting net lot size is 11,822 square feet.
On May 16, 2024, the Town approved a Senate Bill 9 (SB 9) Urban Lot Split submitted by the
current owners for this Architecture and Site application. The Urban Lot Split divided a 64,993-
square foot lot into two parcels: a 35,437-square foot lot developed with a 4,402-square foot
two-story dwelling; and the subject property, a 29,556-square foot lot developed with a 1,184-
square foot two-story dwelling.
On July 30, 2024, the applicant applied for an Architecture and Site Application (S-24-040) for a
PAGE 3 OF 9
SUBJECT: 119 Harwood Court/S-24-040
DATE: March 7, 2025
proposed 3,245-square foot two-story residence with an attached garage. The project includes
1,933 square feet of below-grade square footage that would not count toward the size of the
residence.
The proposed project meets the technical requirements of the Town Code for floor area,
height, setbacks, and on-site parking. The project is being considered by the Planning
Commission due to the applicant’s request for an exception to the LRDA and a retaining wall
exceeding 50 linear feet without a break pursuant to the Hillside Development Standards and
Guidelines (HDS&G).
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The subject property is located on the east side of Harwood Court, approximately 0.70 miles
south of Blossom Hill Road (Exhibit 1). All surrounding properties are zoned Hillside
Residential and developed with single-family residential uses.
B. Project Summary
The applicant is proposing a new 3,245-square foot two-story residence with an attached
garage. The project includes areas of below-grade square footage that would not count
toward the size of the residence. The proposed house would be located at the northern end
of the hillside property. The proposed residence would have a maximum height of 17 feet,
10 inches. The project requires exceptions to the HDS&G for a building located outside the
LRDA and to construct a retaining wall exceeding 50 linear feet in a continuous direction
without a break.
C. Zoning Compliance
A single-family residence is permitted in the HR-2½ zone. The proposed residence is in
compliance with the allowable floor area, height, setbacks, and on-site parking
requirements.
DISCUSSION:
A. Architecture and Site Analysis
The applicant proposes construction of a new 3,245-square foot, two-story residence with
an attached two-car garage (Exhibit 10). The project proposes a contemporary style
residence with subdued natural colors to blend with the surrounding hillside environment.
The applicant provided a Letter of Justification detailing the project and the requested
exceptions to the HDS&G (Exhibit 4). In addition to the 3,245 square feet of countable FAR,
the residence includes 1,933 square feet of below-grade square footage. The residence
includes an attached 1,094 square-foot garage, of which 972 square feet is located below
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SUBJECT: 119 Harwood Court/S-24-040
DATE: March 7, 2025
grade and does not count toward FAR. The remaining 122 square feet of the garage located
above grade is within the 400 square feet allowed for a garage on the property. A summary
of the floor area for the proposed residence is included in the table below.
Floor Area Summary
Proposed Above
Grade Square
Footage
Proposed Below
Grade Square
Footage
Total
(gross)
Upper Level 2,021 0 2,021
Lower Level 1,224 961 2,185
Garage (Lower Level) 122 972 1,094
Total (gross) 3,367 1,933 5,300
Garage Credit (up to 400 sf) (122)
Below Grade Square Footage, not countable toward FAR (1,932)
Total Countable Floor Area 3,245
B. Building Design
The Town’s Consulting Architect reviewed the proposed contemporary-style project on
August 12, 2024 (Exhibit 5). The Consulting Architect had no issues or concerns and stated
in the report that the proposed home is well designed and well-integrated into its sloping
hillside site. The Consulting Architect provided no recommendations for changes.
C. Neighborhood Compatibility
Pursuant to the Town Code and the HDS&G, the maximum allowable floor area for the
subject parcel is 3,900 square feet. The following table reflects the current conditions of the
immediate neighborhood and the proposed project:
FAR Comparison - Neighborhood Analysis
Address Zoning
House
SF
Garage
SF
Total
FAR Lot Size
Building
FAR
No. of
Stories
119 Harwood Ct (E) HR-2 1/2 963 1,464 2,427 29,556 0.03 2
119 Harwood Ct (P) HR-2 1/2 3,245 1,094 4,488 29,556 0.11 2
119 Harwood Ct (Parcel
A) HR-2 1/2 4,402 1,395 5,797 35,437 0.12 2
125 Alerche Dr HR-1 2,275 500 2,775 38,333 0.06 1
5760 Harwood Rd
(County) N/A 4,501 0 4,501 101,930 0.04 2
16641 Harwood Rd HR-2 1/2 5,134 600 5,734 84,071 0.06 2
115 Harwood Ct HR-2 1/2 5,425 784 6,209 53,579 0.10 2
118 Harwood Ct HR-2 1/2 5,410 825 6,235 86,249 0.06 2
551 Santa Rosa Dr HR-2 1/2 5,704 1,580 7,284 58,806 0.10 2
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SUBJECT: 119 Harwood Court/S-24-040
DATE: March 7, 2025
104 Harwood Ct HR-2 1/2 4,146 720 4,866 48,352 0.09 2
108 Harwood Ct HR-2 1/2 4,790 782 5,572 52,272 0.09 2
The immediate neighborhood is predominantly two-story single-family residences. Based on
Town and County records, the residences in the immediate area range in size from 2,275
square feet to 5,704 square feet. The floor area ratios range from 0.04 to 0.12. The
proposed residence would be 3,245 square feet with a floor area ratio of 0.11. The
proposed residence would be the second largest home in the immediate neighborhood in
terms of FAR and the ninth in terms of floor area.
D. Building Height and Visibility
The proposed home is not visible per the HDS&G’s visibility analysis criteria as less than 24.5
percent (5.6 percent) of the north elevation can be seen from the viewing platform at the
intersection of Selinda Way and Los Gatos–Almaden Road (Exhibit 10, Sheet A-3). The
proposed two-story residence has a maximum height of 17 feet, 10 inches, which is below
the maximum allowable height of 25 feet per the HDS&G for non-visible residences. The
proposed two-story residence has a low-to-high height of 23 feet, 10 inches tall, where a
maximum low to high height of 35 feet is allowable in the HDS&G.
E. Least Restrictive Development Area
The HDS&G includes a standard requiring buildings to be located within the LRDA. The
purpose of mapping the LRDA is to identify the most appropriate area or areas on the lot for
locating buildings in the least constrained areas. Topography is one of the elements used to
determine the LRDA, which has a slope limitation of less than 30 percent. A portion of the
proposed building footprint would extend beyond the existing LRDA (Exhibit 10, Sheet A-4).
In their Letter of Justification, the applicant indicates that before the existing structure was
built, the entire lot had no areas with slopes less than 30 percent and the existing LRDA was
created for the existing structure and the driveway. Additionally, the applicant states that
any addition to the existing house would not be located in the LRDA unless the addition is a
detached structure and hinders the functionality of the house (Exhibit 4). Due to site
constraints, the applicant requests an exception to allow a portion of the building to be
located outside of the limited LRDA.
The diagram below illustrates the area of the building that is proposed to be located outside
of the LRDA, as highlighted by the bold red line.
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SUBJECT: 119 Harwood Court/S-24-040
DATE: March 7, 2025
F. Retaining Walls
The Site Elements Section of the HDS&G includes a guideline requiring that retaining walls
not run in a straight, continuous direction for more than 50 feet without a break, offset, or
planting pockets to break up the long flat horizontal surface. A proposed retaining wall
located approximately four feet from the rear of the residence, is approximately 67 feet
long. The applicant notes in the Letter of Justification that the guidelines’ intention is for
aesthetic reasons. The proposed retaining wall is behind the residence and would not be
visible and its purpose is to hold the hill back for more efficient drainage and safe access
around the house. Additionally, the applicant states that providing a break in the wall would
increase grading (Exhibit 4). The applicant requests an exception to allow the retaining wall
to be longer than 50 feet.
The following diagram illustrates the location of the proposed 67-foot long retaining wall, as
highlighted by the bold red line.
PAGE 7 OF 9
SUBJECT: 119 Harwood Court/S-24-040
DATE: March 7, 2025
G. Tree Impacts
The development plans were reviewed by the Town’s Consulting Arborist (Exhibit 6). The
inventory contains 20 protected trees comprised of six different species: eight coast live
oaks; four buckeyes; three blue oaks; two black oaks; two toyons; and one valley oak. The
project proposes removal of two of the protected trees (#261 and #263), one of which is a
large protected tree (Exhibit 10, Sheet L4.1). The Consulting Arborist provided
recommendations for tree preservation and planting eight replacement 24-inch box trees to
offset the proposed tree removal (Exhibit 10, Sheet L6.0). The development plans show that
14 trees would be planted to offset the tree removal.
H. Parking and Guest 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 three-car garage (Exhibit 10, Sheet A-7). The Hillside Specific Plan requires four
additional guest parking spaces, and four guest spaces are proposed on the north side of
the existing driveway (Exhibit 10, Sheet A-4).
I. Neighbor Outreach
The applicant provided a sample letter and the list of homes where they hand-delivered the
letter (Exhibit 8). No public comment has been received at the time of this report's
preparation.
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SUBJECT: 119 Harwood Court/S-24-040
DATE: March 7, 2025
J. 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 site by January 8, 2025, in anticipation
of the March 12, 2025, Planning Commission hearing (Exhibit 9). Written notice was sent to
property owners and residents within 500 feet of the subject property. No public comment
has been received at the time of this report's preparation.
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 single-family residence, remove large
protected trees, and site work requiring a Grading Permit on property zoned HR-2 ½. The
project is consistent with the property's zoning and General Plan Land Use designation. The
project is in compliance with the objectives standards of the Town Code related to
allowable floor area, height, setbacks, and on-site parking requirements. Due to the desired
architectural program and the site's constraints, the applicant requests exceptions to the
HDS&G for a building located outside of the LRDA and to construct a retaining wall
exceeding 50 linear feet in a continuous direction without a break and has provided a Letter
of Justification discussing these requested exceptions (Exhibit 4). Aside from the requested
exceptions, the project complies with the Zoning Code, HDS&G, and Hillside Specific Plan.
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:
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 finding that the project complies with the objective standards of Chapter 29 of
the Town Code (Zoning Regulations) (Exhibit 2);
4. Make the finding that the project complies with the Hillside Development Standards and
Guidelines, with the exception to build outside of the Least Restrictive Development
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SUBJECT: 119 Harwood Court/S-24-040
DATE: March 7, 2025
Area (LRDA) and to construct retaining walls that exceed 50 linear feet in a continuous
direction (Exhibit 2);
5. 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
6. Approve Architecture and Site application S-24-040 with the conditions contained in
Exhibit 3 and the development plans in Exhibit 10.
C. Alternatives
Alternatively, the Planning 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.
EXHIBITS:
1. Location Map
2. Required Findings
3. Recommended Conditions of Approval
4. Letter of Justification
5. Consulting Architect’s Report
6. Consulting Arborist’s Report
7. Applicant's response to the Consulting Arborist's Report
8. Applicant’s neighborhood outreach efforts
9. Story Pole Photos
10. Development Plans
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