Item 6 - Staff Report.15921 Linda Ave
PREPARED BY: Sean Mullin, AICP
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: 6
DATE: October 29, 2019
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Architecture and Site Application S-19-017. Project Location: 15921 Linda
Avenue. Applicant: Daryl V. Harris. Property Owner: Firouz Behnamfar.
Project Planner: Sean Mullin.
Requesting approval for demolition of an existing single-family residence and
construction of a new single-family residence with reduced setbacks on
nonconforming property zoned R-1:8. APN 523-25-022.
RECOMMENDATION:
Denial.
PROJECT DATA:
General Plan Designation: Low Density Residential
Zoning Designation: R-1:8 – Single-Family Residential, 8,000-square foot
lot minimum
Applicable Plans & Standards: Residential Design Guidelines
Parcel Size: 9,266 square feet
Surrounding Area:
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
East Residential Low Density Residential R-1:8
PAGE 2 OF 8 SUBJECT: 15921 Linda Avenue/S-19-017 DATE: October 29, 2019
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.
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
structure.
As required by the Residential Design Guidelines that the project complies with the
Residential Design Guidelines.
As required by Section 29.10.265 (3) of the Town Code for modification of zoning rules on
nonconforming lots, including setback requirements.
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 west side of Linda Avenue near the intersection with Rochin
Terrace (Exhibit 1). The properties immediately adjacent to the subject property are within the
Town boundaries; however, some county properties are located in the extended neighborhood.
The subject property is nonconforming having a lot width of 54 feet where 60 feet is required
by the Town Code.
The project is being considered by the Planning Commission to determine whether the
proposed reduced side yard setbacks are compatible with the neighborhood as required by
Section 29.10.265 (3) of the Town Code.
PAGE 3 OF 8 SUBJECT: 15921 Linda Avenue/S-19-017 DATE: October 29, 2019
PROJECT DESCRIPTION:
A. Project Summary
The applicant is proposing to demolish the existing 1,093 square-foot single-family
residence and 320 square-foot detached garage and construct a new 2,927 square-foot
one-story single-family residence with a 482 square-foot attached garage. The proposed
residence would have a maximum height of 19 feet (Exhibit 4). Portions of the proposed
residence would have side yard setbacks of five feet where the Town Code requires eight
feet.
B. Location and Surrounding Neighborhood
The project site is located on the west side of Linda Avenue near the intersection with
Rochin Terrace (Exhibit 1). Properties within the immediate neighborhood are developed
with one- and two-story single-family residences.
C. Zoning Compliance
The R-1:8 zoning permits a single-family residence. The proposed project complies with the
FAR, height, and structure coverage limitations. The applicant is requesting reduced side
yard setbacks as allowed by Town Code Section 29.10.265 (3) for nonconforming properties
when it is found to be compatible with the neighborhood.
D. Architecture and Site Application
Architecture and Site application approval is required for demolition of an existing single-
family residence and construction of a new single-family residence with modifications of
required setbacks on a nonconforming property.
DISCUSSION:
A. Architecture and Site Analysis
The applicant proposes construction of a one-story residence with clay tile hip roofs,
smooth finish stucco siding, aluminum clad wood windows and doors, and a carriage style
garage door (Exhibits 5 and 11).
The subject property is currently developed with a one-story residence and a detached
garage. The existing residence has a reduced side yard setback of four feet along portions
of the north property line. The applicant proposes demolition of the existing residence and
construction of a new residence with reduced side yard setbacks of five feet on both the
north and south side property lines.
PAGE 4 OF 8 SUBJECT: 15921 Linda Avenue/S-19-017 DATE: October 29, 2019
DISCUSSION (continued):
The subject property is nonconforming having a lot width of 54 feet where 60 feet is
required by the Town Code. Section 29.10.265 of the Town Code allows for modification of
any rule of the zone for nonconforming lots, including setback requirements, if the
modifications are found to be compatible with the neighborhood. The applicant proposes a
new residence with reduced side yard setbacks of five feet for portions of both side yards
where eight feet is required (Exhibit 11). The portions of the residence with proposed
reduced setbacks would be concentrated near the front of the residence at the garage,
kitchen, and living room. The remaining portions of the residence would meet or exceed all
required setbacks. The applicant’s letter of justification (Exhibit 6) explains that the subject
property is the narrowest in the neighborhood and that meeting the required side yard
setbacks would result in a narrow one-story residence with massing inconsistent with the
neighboring residences. The reduced side yard setbacks would allow for:
• A residence-width to lot-width proportion consistent to neighboring properties;
• The desired single-story floor plan with a front facing garage-entry-living room
consistent with the neighborhood; and
• Improved side yard setbacks from the existing residence.
In evaluating the request for reduced setbacks, the setbacks of the residences in the
immediate and extended neighborhood are reviewed to determine if the request is
compatible with the neighborhood. There are no residences with reduced side yard
setbacks in the immediate or extended neighborhood. One nonconforming lot within the
immediate neighborhood at 15941 Linda Avenue and another nonconforming lot within the
extended neighborhood at 15951 Linda Avenue have lot widths of 58 and 56 feet
respectively. The residences on these nonconforming lots were constructed in 2001 and
2017 respectively and meet all required setbacks, although both are two-story, where the
proposed residence on the subject property would be one-story.
The request is being considered by the Planning Commission because there are no
residences with reduced side yard setbacks in the immediate or extended neighborhood. If
the Planning Commission determines that the reduced side yard setbacks are compatible
with the neighborhood, the request can be approved as allowed by Section 29.10.265 (3) of
the Town Code.
B. Building Design
The Town’s Consulting Architect reviewed the project within the neighborhood context to
provide recommendations regarding the building design (Exhibit 7). The Consulting
Architect commented that the subject property is within an established neighborhood
containing both older and newer homes with a mix of one- and two-story homes of mixed
traditional architectural styles. In the Issues and Concerns background section of the
PAGE 5 OF 8 SUBJECT: 15921 Linda Avenue/S-19-017 DATE: October 29, 2019
DISCUSSION (continued):
report, the Consulting Architect discussed the tall entry element, distribution of materials,
and projecting garage. In the Recommendations section of the report, the Consulting
Architect made recommendations to address consistency with the Residential Design
Guidelines and the applicant revised the project to incorporate each of the
recommendations as follows:
• Eliminate the stone on the front elevation or carry the stone consistently around all
facades of the house:
The stone was removed from the front of the residence.
• Deep set the garage door; and
The thickness of the wall adjacent to the garage door was doubled allowing for the
door to be set deeper into the wall.
• Modify the entry to be more consistent with the norm of the neighborhood by
integrating the entry with the garage roof form and providing an under-eave entry
similar to others in the neighborhood.
The eave at the entry was lowered by nine inches to better integrate the entry into
the residence and the neighborhood.
C. Neighborhood Compatibility
Based on Town and County records, the residences in the immediate neighborhood range in
size from 1,590 square feet to 3,453 square feet. The house FARs range from 0.16 to 0.35.
The proposed residence would be 2,927 square feet with a FAR of 0.32. Pursuant to Town
Code, the maximum allowable square footage for the 9,266 square-foot lot is 2,927 square
feet with a maximum allowable FAR of 0.32. The immediate neighborhood analysis
provided in the table below reflects the current conditions.
PAGE 6 OF 8 SUBJECT: 15921 Linda Avenue/S-19-017 DATE: October 29, 2019
DISCUSSION (continued):
Address Zoning House
SF
Garage
SF
Total
SF Site SF House
FAR Stories
101 Constances Ct R-1:8 2,746 439 3,185 7,833 0.35 2
15909 Linda Ave R-1:8 3,003 650 3,653 17,753 0.17 2
15933 Linda Ave R-1:8 3,453 908 4,361 11,652 0.30 2
15901 Rochin Ter R-1:8 1,590 620 2,210 8,400 0.19 1
15936 Linda Ave R-1:8:Prezone 3,493 609 4,102 21,750 0.16 1
15946 Linda Ave R-1:8:Prezone 2,852 400 3,252 16,848 0.17 1
15902 Rochin Ter R-1:8 3,576 509 4,085 16,050 0.22 1
15941 Linda Ave R-1:8 3,022 572 3,594 9,688 0.31 2
15921 Linda Ave (E) R-1:8 1,093 320 1,413 9,266 0.12 1
15921 Linda Ave (P) R-1:8 2,927 482 3,409 9,266 0.32 1
The Residential Design Guidelines specify that residential development shall be similar in
size, bulk, and scale to the immediate neighborhood. The Residential Design Guidelines also
specify that consideration will be given to the existing FARs, residential square footages,
and lot sizes in the immediate neighborhood. The proposed residence would be the sixth
largest home in the immediate neighborhood in terms of square footage and the second
largest in terms of FAR.
D. Tree Impacts
The subject property has five trees, three of which are protected trees (32-inch multi-trunk
Japanese Maple; 18.5-inch American Sweetgum; and a 12-inch Coast Live Oak tree). The
applicant proposes removal of the Japanese Maple and American Sweetgum trees as they
conflict with the proposed development. The 12-inch Coast Live Oak would be preserved
and protected during construction. The Town’s Consulting Arborist visited the site to
inspect the trees on the subject property and on the adjacent properties and evaluate
potential impacts from the proposed construction (Exhibit 8). The Arborist concluded that
the construction activity will have little influence on the Coast Live Oak on the subject
property and the trees on the adjacent properties. The Consulting Arborist provided
recommendations for tree protection during construction. Staff has included conditions of
approval that the project comply with the tree protection requirements of the Town Code
and the recommendations of the Consulting Arborist (Exhibit 3).
E. Neighbor Outreach
The applicant provided a summary of their efforts to communicate with their neighbors
(Exhibit 9).
PAGE 7 OF 8 SUBJECT: 15921 Linda Avenue/S-19-017 DATE: October 29, 2019
DISCUSSION (continued):
F. CEQA Determination
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of California Environmental Quality Act, Section 15303: New Construction
of Small Structures.
PUBLIC COMMENTS:
Story poles and signage were 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
by 11:00 a.m., Friday, November 8, 2019 are included as Exhibit 10.
CONCLUSION:
A. Summary
The applicant is requesting approval of an Architecture and Site application for demolition
of an existing single-family residence and construction of a new single-family residence with
reduced setbacks on nonconforming property. With the modification for reduced side yard
setbacks, the project would be in compliance with the Town Code and Residential Design
Guidelines.
B. Recommendation
With consideration of the analysis above, staff recommends that the Planning Commission
deny the Architecture and Site application based on concerns related to the compatibility of
the reduced side yard setbacks with the neighborhood.
C. Alternatives
Alternatively, the Commission can:
1. Approve the application by taking the following actions:
a. Find that 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 (Exhibit 2);
b. Make the findings as required by Section 29.10.09030 (e) of the Town Code for the
demolition of an existing structure (Exhibit 2);
c. Make the finding that the project complies with the Residential Design Guidelines
(Exhibit 2);
PAGE 8 OF 8 SUBJECT: 15921 Linda Avenue/S-19-017 DATE: October 29, 2019
CONCLUSION (continued):
d. Make the finding as required by Section 29.10.265 (3) of the Town Code that the
reduced side yard setbacks on the nonconforming lot are compatible with the
neighborhood (Exhibit 2);
e. 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
f. Approve Architecture and Site Application S-19-017 with the conditions contained
in Exhibit 3 and development plans attached as Exhibit 11; or
2. Approve the application with additional and/or modified conditions; or
3. Continue the matter to a date certain with specific direction.
EXHIBITS:
1. Location Map
2. Required Findings and Considerations
3. Recommended Conditions of Approval
4. Project Description
5. Materials Board
6. Letter of Justification for reduced setbacks
7. Consulting Architect’s Report, received April 26, 2019
8. Consulting Arborist Report, dated May 29, 2019
9. Summary of applicant’s neighbor outreach efforts
10. Public comments received by 11:00 a.m., Friday, November 8, 2019
11. Development Plans