Item 5 - Staff Report.25 W. Main St
PREPARED BY: ERIN WALTERS
ASSOCIATE 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: 11/13/2019 ITEM NO: 5
DATE: November 8, 2019
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Architecture and Site Application S-19-005, Variance Application V-19-002,
and Conditional Use Permit U-19-001. Property Location: 25 W. Main Street.
Property Owner: Steven and Mary Leonardis. Applicant: Gordon Wong.
Project Planner: Erin Walters
Requesting approval for construction of an addition to a contributing building
in the Downtown Historic Commercial District, including variances for
maximum floor area and driveway length for a multi-family use in a mixed-
use project on property zoned C-2:LHP. APN 529-01-017.
Deemed complete: October 23, 2019
Final date to take action: April 23, 2020
RECOMMENDATION:
Approval, subject to the recommended Conditions of Approval.
PROJECT DATA:
General Plan Designation: Central Business District
Zoning Designation: Central Business District with a Landmark and Historic
Preservation Overlay, C-2:LHP
Applicable Plans & Standards: General Plan; Commercial Design Guidelines
Parcel Size: 3,132 square feet
PAGE 2 OF 12 SUBJECT: 25 W. Main Street/S-19-005, V-19-002, and U-19-001 DATE: November 8, 2019
Surrounding Area:
CEQA:
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; and Section 15331: Historical Resource Restoration/Rehabilitation.
FINDINGS:
As required, pursuant to the adopted Guidelines for the Implementation of the California
Environmental Quality Act, this project is Categorically Exempt, Section 15303: New
Construction or Conversation of Small Structures; and Section 15331: Historical Resource
Restoration/Rehabilitation.
As required by Section 29.20.170 of the Town Code for granting a Variance application to
exceed the maximum allowable FAR.
As required by Section 29.20.170 of the Town Code for granting a Variance application for
reduced driveway length.
As required by Section 29.20.190 of the Town Code for granting a Conditional Use
Permit.
That the proposed project is consistent with the applicable Commercial Design Guidelines.
As required by Section 29.10.150 (b) of the Town Code for granting a reduction of required
visitor parking spaces for residential units in the downtown.
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 Commercial and
Multi-Family
Residential
Central Business District C-2:LHP
East Mixed-Use Central Business District C-2:LHP
South Parking Lot Central Business District C-2
West Commercial Central Business District C-2:LHP
PAGE 3 OF 12 SUBJECT: 25 W. Main Street/S-19-005, V-19-002, and U-19-001 DATE: November 8, 2019
BACKGROUND:
The subject site is located on the on the southeastern corner of W. Main Street and Park
Avenue (Exhibit 1). The subject property is approximately 3,132 square feet, developed with an
existing pre-1941, two-story 2,169-square foot contributing commercial building located in the
Downtown Historic Commercial District.
The project is being considered by the Planning Commission as the applicant is requesting
approval of an Architecture and Site application for the construction of a two-story rear
addition to an existing two-story commercial building, a Conditional Use Permit (CUP) for a
multi-family use in a mixed-use project, and a Variance application to exceed the maximum
allowable Floor Area Ratio (FAR) for the C-2 zone, and to reduce the required driveway length,
and an exception to the required number of guest parking spaces.
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The subject property is located on the southeastern corner of W. Main Street and Park
Avenue (Exhibit 1) and is developed with a pre-1941 two-story contributing building in the
Downtown Historic Commercial District. The surrounding area contains an adjacent mixed-
use project with commercial and two-family residential uses located to the east, a
commercial use located to the west, and a retail use and a multi-family residential use
located to the north.
B. Project Summary
The applicant is requesting approval of an Architecture and Site application for the
construction of a two-story rear addition for a multi-family use in a mixed-use project. The
proposed addition includes a three-car garage at the ground floor located behind the
existing commercial space and the addition of three multi-family rental units on the second
floor (one market rate unit, and two below market price units).
C. Zoning Compliance
The property is zoned C-2:LHP, which requires a Conditional Use Permit to allow a multi-
family use in a mixed-use project.
The proposed project is in compliance with setbacks, height, and recreational open space
requirements for multi-family dwellings. As described above the applicant is requesting a
variance to exceed the maximum allowable FAR and to reduced the required driveway
length. The applicant is also requesting an exception for a reduced number of guest parking
spaces for the project.
PAGE 4 OF 12 SUBJECT: 25 W. Main Street/S-19-005, V-19-002, and U-19-001 DATE: November 8, 2019
DISCUSSION:
A. Project Summary
The applicant is proposing a two-story addition to an existing 2,169-square foot two-story
commercial building. The existing two-story commercial building, originally constructed in
the 1880s, is a contributing building to the Downtown Historic Commercial District.
The proposed project includes tenant improvements to the existing ground floor
commercial space, and the addition of an enclosed garbage and recycling room. The
existing second story remodel proposes a 404-square foot Below Market Price (BMP) studio
rental unit, and a one bedroom 562-square foot BMP rental unit, which includes raising the
ceiling height from six feet, 10-inches to eight feet.
The proposed two-story addition to the rear of the existing building includes a one-
bedroom 696-square foot market rate rental unit with an 81-square foot rear private
balcony. The second story also includes 95 square feet of common balcony area.
The proposed addition also includes a three-car garage with barn style doors taking access
off of Park Avenue. The project includes a request for a variance to reduce the required
driveway length to one-foot, six-inches where a minimum driveway length of 18 feet is
required.
The project would include 435 square feet of community open space proposed to be
located at the rear of the building.
The existing building is 22 feet in height and the proposed addition is 23 feet, two inches in
height. The maximum height allowed in the C-2 zone is 45 feet.
The two-story addition will match the materials and color of the existing building which
include horizonal wood siding, composition shingles, and wood trimmed double-hung
windows. The materials and color sheet is included in Exhibit 13. Exterior modifications
include relocating the front door from its current location at the corner of W. Main Street
and Park Avenue to the historic location on W. Main Street (Exhibit 15, Sheet A200). The
applicant’s project description and letter of justification are provided in Exhibit 4 and Exhibit
5, and development plans are included in Exhibit 14.
PAGE 5 OF 12 SUBJECT: 25 W. Main Street/S-19-005, V-19-002, and U-19-001 DATE: November 8, 2019
DISCUSSION (continued):
B. Conceptual Development Advisory Committee
The Conceptual Development Advisory Committee (CDAC) reviewed the applicant’s request
for a proposal for exterior modifications and an addition to the contributing building on
November 14, 2018. At that meeting the CDAC discussed driveway length, parking, BMPs,
building rehabilitation, building color, and FAR. Meeting minutes are included as Exhibit 7.
The applicant responded to the CDAC’s comments in Exhibit 8.
C. Conditional Use Permit
In order to grant approval of a CUP for the proposed multi-family use in a mixed-use
project, the deciding body must make the following findings:
1. The proposed use of the property is essential or desirable to the public convenience or
welfare;
2. The proposed use will not impair the integrity and character of the zone;
3. The proposed use would not be detrimental to public health, safety, or general welfare;
and
4. The proposed use of the property is in harmony with the various elements or objectives
of the General Plan and the purposes of the Town Code.
In regard to the first finding, the proposed use would be considered desirable to the public
convenience in that it would provide new housing opportunities, including new BMP units in
the downtown. As required by finding two, the proposed use would not impair the integrity
and character of the zone in that the proposed multi-family use would be compatible with
similar existing uses within the Central Business District zone while preserving the historic
character of the district. In regard to the third finding, the proposed use would not be
detrimental to public health, safety, or general welfare, and the conditions of approval
would maintain the welfare of the community. In regard to the final finding, the proposed
use would provide BMP housing downtown, increase the Town’s rental housing stock in the
Downtown, and would be consistent with other developments in the downtown which
include ground floor retail/commercial uses with residential units above.
D. Parking
The existing site is currently developed with a 2,169-square foot commercial building, with
credit for seven parking spaces in the Parking Assessment District (PAD) and no on-site
parking spaces.
The proposed 1,079 square feet of ground floor retail space requires four parking spaces
(based on one parking space per 300 square feet). The proposed three residential
PAGE 6 OF 12 SUBJECT: 25 W. Main Street/S-19-005, V-19-002, and U-19-001 DATE: November 8, 2019
DISCUSSION (continued):
apartment units require five resident parking spaces (1.5 spaces per unit) and three guest
parking spaces (one space per unit) unless an exception for a reduced number of guest
parking spaces is granted by the deciding body.
The project proposes an attached three-car garage for the three residential apartment units
located in the rear addition along Park Avenue. The proposed project would provide three
on-site parking spaces with credit for seven parking spaces in the PAD, for a total of ten
parking spaces, while the minimum required parking for the proposed project would be 12
parking spaces. The Planning Commission may grant an exception for a reduced number of
guest parking spaces when it is determined to be appropriate. The applicant has provided
justification in Exhibit 5 stating an exception for two visitor parking spaces is justified as the
proposed three, one-bedroom rental units would be located in a pedestrian-friendly
downtown and located within a half-mile radius of 10 public transit stops.
E. Historic Preservation Committee
On March 28, 2018, the owner requested a preliminary review by the Historic Preservation
Committee (HPC) to consider exterior modifications to the existing building, including
alterations to existing windows, new windows, a modification to the existing roof, and a
two-story rear addition. The HPC discussed the matter and provided comments to the
owner, including recommendations to retain the character defining features of the
contributing building and to separate the addition with a recess or “hyphen” element. The
minutes for the March 28, 2018 meeting are included in Exhibit 9.
On August 22, 2018, the applicant returned to the HPC for review of the revised plans ahead
of submitting a formal Planning application. The applicant proposed to retain the character
defining features of the building with no modifications to the existing doors and windows
along the front, left, and right elevations, and to construct a two-story rear addition
separated by a recessed stairwell element. The HPC discussed the matter and the minutes
for the August 22, 2019 meeting are included in Exhibit 10.
On April 24, 2019, the applicant returned to the HPC for review after formally submitting
Architecture and Site, Conditional Use Permit, and Variance applications with the following
modifications:
• Relocation and replacement of the front entrance door and building corner to
restore to the historic condition;
• Remodel and reduction of the middle storefront wall on front elevation to
accommodate the door and ADA access;
• Replacement of several windows to match the existing double-hung style;
• Installation of barn style garage doors;
PAGE 7 OF 12 SUBJECT: 25 W. Main Street/S-19-005, V-19-002, and U-19-001 DATE: November 8, 2019
DISCUSSION (continued):
• Increase in the dimension of the garage posts;
• Revision of the proposed dormer to incorporate a shed roof; and
• Addition of balconies on the second story to meet open space requirements.
The HPC discussed the matter and recommended approval of the design as proposed. The
minutes for the April 24, 2019, meeting are included in Exhibit 11.
F. Variance - Driveway Length
The proposed three-car garage exits directly onto Park Avenue with a driveway length of
one-foot, six-inches. The applicant is requesting a variance to reduce the required driveway
length of 18 feet.
The applicant’s traffic consultant, KD Anderson & Associates, Inc., prepared a report to
investigate the feasibility of the proposed garage access. Two main issues were identified:
1. The constraints that could be encountered while backing out of and entering the
driveway and immediately making a 90-degree turn onto or from the roadway with the
close proximity of the garage entrance to the driveway, see Diagram 1.
Diagram 1
PAGE 8 OF 12 SUBJECT: 25 W. Main Street/S-19-005, V-19-002, and U-19-001 DATE: November 8, 2019
DISCUSSION (continued):
2. Inadequate sight distance between vehicles exiting the driveways and the approaching
vehicles on Park Avenue.
The report found the possibility of striking the garage entrance could be mitigated with
increasing the garage door opening to a minimum of nine feet, six-inches in width. The
report also found that the sight distance should be adequate for the approaching
vehicles on Park Avenue due to the low speeds; however, drivers backing out of the
driveways would need to back out slowly until their vehicle extends into Park Avenue.
The report recommends mounting a flashing beacon by the garage door openings,
which would be activated when vehicles are exiting the garages to alert approaching
vehicles on Park Avenue to the exiting vehicles as a mitigation measure. The Town’s
traffic consultant, TJKM, has peer reviewed and concurred with the findings and
recommendations provided in the report.
Based on the report’s recommendation, the applicant has modified the garage door
openings to meet the minimum width of nine feet, six-inches in width as reflected in the
development plans (Exhibit 15, Sheet A101). Per the report’s second recommendation, the
applicant has incorporated flashing beacons at the garage door openings on the Park
Avenue elevation and provided specifications in the development plans (Exhibit 15, Sheet
A701).
The applicant has provided written justification for the request (Exhibit 5), citing that the
garage door openings are proposed to be located closer to Park Avenue due to the
significant (more than 10 feet) elevation change at the southeast side of the site which
requires the addition of retaining walls. Due to the site constraints and topography of the
existing property the applicant is requesting a reduced driveway length to provide a
covered parking space for each of the proposed residential units.
G. Variance - Floor Area Ratio
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.
PAGE 9 OF 12 SUBJECT: 25 W. Main Street/S-19-005, V-19-002, and U-19-001 DATE: November 8, 2019
DISCUSSION (continued):
Per Section 29.60.345 of the Town Code the expansion of gross floor area of an existing
building in the C-2 zone, shall not exceed an FAR of sixty-hundredths (0.60). The existing
FAR of the two-story building is 0.69 and exceeds the maximum allowable FAR. The project
requires a 10-foot wide dedication for the public sidewalk along W. Main Street, reducing
the gross lot size of the property from 3,132 square feet to a net lot size of 2,870 square
feet (Condition 48, Exhibit 3). The addition to the existing building results in a proposed FAR
of 1.38. The applicant is requesting a variance to exceed the maximum allowable FAR in the
C-2 zone. The applicant has provided written justification for the request (Exhibit 5), citing
compatibility with the neighborhood pattern of development which exceeds the maximum
allowable FAR.
H. Neighborhood Compatibility
The immediate area is made up of one and two-story commercial, multi-family residential,
and mixed-use buildings. Based on Town and County records, the surrounding buildings
FARs range from 0.35 to 2.00. The Neighborhood Analysis table below reflects the current
conditions of the immediate area.
FAR Comparison - Neighborhood Analysis
Address Zoning Building
Area
Gross Lot
Area
FAR No. of
Stories
14 W. Main St. C-2:LHP 11,526 13,240 0.87 2
21 W. Main St. C-2:LHP 6,573 7,308 0.90 2
35 W. Main St. C-2:LHP 4,926 8,276 0.60 2
50 W. Main St. C-2:LHP 3,446 9,940 0.35 1
78 W. Main St. C-2:LHP 2,484 1,382 1.80 2
81 W. Main St. C-2:LHP 9,888 10,890 0.91 1
88 W. Main St. C-2:LHP 2,520 2,602 0.97 1
100 W. Main St. C-2:LHP 5,238 5,759 0.91 2
135 W. Main St. C-2:LHP 10,973 5,492 2.00 2
140 W. Main St. C-2:LHP 15,444 8,710 1.77 2
11 Montobello Wy. C-2:LHP 2,450 2,673 0.92 1
11 E. Main St. C-2 2,898 1,686 1.72 2
23 E. Main St. C-2 2,340 3,150 0.74 1
25 W. Main St. (P) C-2:LHP 3,963 2,870 1.38 2
25 W. Main St. (Ex) C-2:LHP 2,169 3,132 0.69 2
PAGE 10 OF 12 SUBJECT: 25 W. Main Street/S-19-005, V-19-002, and U-19-001 DATE: November 8, 2019
DISCUSSION (continued):
The proposed project would be the fifth largest for FAR in the neighborhood. 11 out of the
13 existing properties listed above have a FAR over the maximum allowable FAR of 0.60 for
the C-2 zone, and four properties have a FAR greater than the project’s proposed 1.38 FAR.
I. Below Market Price (BMP) Units
The density for the site of 20 dwelling units per acre, would allow for one residential unit on
the site. The Town’s Housing Element Action HOU-1.1 states that BMP units are not
included when calculating density for a site.
Therefore, Unit 2 and Unit 3 have been designated as BMP units. Unit 2 is proposed as a
562 square feet one bedroom and one bathroom. Unit 3 is proposed as a 404 square feet
studio with one bathroom. As required by the BMP Guidelines, the units will be low-income
units (80 percent of the median area income). Conditions 14 and 15 pertain to the
provision and rental of the BMP units (Exhibit 3).
J. Recreational Open Space for Multi-Family Dwellings
For multi-family dwelling rental units, 200 square feet of private and/or community open
space area is required for each unit. The proposed three apartment units require a total of
600 square feet. The applicant proposes a total of 611 square feet in the form of 81 square
feet of private balconies, 95 square feet of common balcony space, and 435 square feet of
common open space located to the rear of the building (Exhibit 14, Sheet A000). The
proposed common open space has a permeable paver open space surrounded by
landscaping.
K. Tree Impacts
The site does not contain any existing trees. One existing street tree is located in the public
right-of-way along W. Main Street. If the project is approved, tree protection measures
would be implemented prior to and during construction.
L. 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, which includes an addition of three
residential units to an existing commercial building resulting in mixed-use building in a
central business district zone, and Section 15331: Historical Resource
Restoration/Rehabilitation.
PAGE 11 OF 12 SUBJECT: 25 W. Main Street/S-19-005, V-19-002, and U-19-001 DATE: November 8, 2019
PUBLIC COMMENTS:
Story Poles and signage were installed on the site and written notice was sent to property
owners and tenants within 300 feet of the property. The applicant provided a summary of
their efforts to communicate with adjacent tenants and property owners (Exhibit 12).
CONCLUSION:
A. Summary
The applicant is requesting approval of an Architecture and Site application to construct a
two-story addition to an existing two-story commercial building resulting in the addition of
three residential units (two BMP units) on the second floor, a three-car garage on the first
floor, and tenant improvements for the existing commercial space. In addition, the
applicant is requesting approval of a Conditional Use Permit application to allow for a multi-
family use in the C-2:LHP zone, a Variance application to exceed the maximum allowable
FAR and to reduce the required driveway length, and exceptions to the required number of
guest parking spaces. The project is consistent with the Zoning (except for the Variance
requests), General Plan, and applicable Commercial Design Guidelines.
B. Recommendation
Based on the analysis above, and justification provided by the applicant, staff recommends
approval of the Architecture and Site, Variance, and Conditional Use Permit applications
subject to the recommended conditions of approval (Exhibit 3). If the Planning Commission
finds merit with the proposed project, it should:
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; and Section 15331:
Historical Resource Restoration/ Rehabilitation (Exhibit 2);
2. Make the required findings as required by Section 29.20.170 of the Town Code for
granting a Variance to exceed the maximum allowable FAR (Exhibit 2);
3. Make the required findings as required by Section 29.20.170 of the Town Code for
granting a Variance for reduced driveway length (Exhibit 2);
4. Make the findings as required by Section 29.20.190 of the Town Code for granting
approval of a CUP (Exhibit 2);
5. Make the required finding that the project complies with the applicable Commercial
Design Guidelines (Exhibit 2);
6. Make the required findings for a reduction of required visitor parking spaces for the
residential units (Exhibit 2);
7. Make the required considerations as required by Section 29.20.150 of the Town Code
for granting approval of an Architecture and Site application (Exhibit 2); and
PAGE 12 OF 12 SUBJECT: 25 W. Main Street/S-19-005, V-19-002, and U-19-001 DATE: November 8, 2019
CONCLUSION (continued):
8. Approve Architecture and Site Application S-19-005, Variance Application V-19-002, and
Conditional Use Permit Application U-19-001 with the conditions contained in Exhibit 3
and the development plans in Exhibit 14.
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 applications.
EXHIBITS:
1. Location Map
2. Required Findings and Considerations (two pages)
3. Recommended Conditions of Approval (13 pages)
4. Applicant’s Scope of Work, received October 11, 2019 (one page)
5. Applicant’s Letter of Justification, received October 29, 2019 (ten pages)
6. Project Data Sheet, received October 23, 2019 (two pages)
7. November 14, 2018, Conceptual Development Advisory Committee Meeting Minutes (two
pages)
8. Applicant’s Response to Conceptual Development Advisory Committee Meeting Comments,
received October 11, 2019 (two pages)
9. March 28, 2018, Historic Preservation Committee Meeting Minutes (three pages)
10. August 22, 2018, Historic Preservation Committee Meeting Minutes (three pages)
11. April 24, 2019, Historic Preservation Committee Meeting Minutes (six pages)
12. Summary of applicant’s outreach efforts, received October 23, 2019 (two pages)
13. Materials and Color Sheet, received October 23, 2019 (one page)
14. Development Plans, received October 23, 2019 (26 pages)