Item 2 - Exhibit 19 - Appellant's request to continueErin M. Walters
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Sent:
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Subjed:
John Fox <JFox@foxwangmorgan.com>
Monday, December 31, 2018 12:44 PM
Erin M. Walters
RECEIVED 1-"F!.-{0 -�
JAN 0·2 2019
Donna Fox
RE: 11 Peralta Avenue -Planning Commission January 23 2019 TOWN OF LOS GATOS' PLANNING DIVISION
Erin: This is a request The Los Gatos Planning Commission continue the Hearing currently scheduled
for January 23, 2019 (and referenced in your below Friday December 21, 2018 e-mail) as to the 11
Peralta proposal to the next meeting date thereafter of The Planning Commission ... which I believe to
be Wednesday February 13, 2019 as I read and interpret The Los Gatos Planning Commission's
Website.
I am not available to attend the January 23, 2019 Planning Commission Hearing as I will be out of
country on business. Also, two other persons, at least, who like myself, presented ourselves at the
December 12, 2018 originally scheduled Hearing and were in Chambers that night, are also unable to
attend the January 23 Hearing. At the December 12, 2018 Hearing, Tony Jeans requested the
removal of his application for the 11 Peralta proposal from the December 12, 2018 calendar, and The
Planning Commission granted that request, because Mr. Jeans had repeatedly published both
erroneous and inconsistent dates to 65 neighbors and to the general public concerning the ·date of the
December 12, 2018 Planning Commission Hearing.
I have requested the homeowners of 11 Peralta to join this request. Mr. Jeans has, however,
responded on behalf of the owners to deny my request to them. Accordingly·, the ·11 Peralta
homeowners do not agree with my request to move the Hearing date to the first meeting date in
February.
Mr. Jeans and the Applicant should not now, however, profit from Mr. Jean's repeated misdeeds. This
request is not made for the purpose of delay. Indeed, I and the three other opponents to the
application who cannot now attend the January 23 Hearing date were in attendance at the December
12, 20198 meeting and were prepared to speak if we had to do so (although it did seem prudent to
delay the Hearing since I had actual evidence of date confusion by at least one neighbor which I had
shared with The Planning Commission before the December 12, 2018 Hearing ... and have
subsequently learned of one other neighbor who was also confused by the proper date of the
December 12 Hearing. Moving the date back was the correct decision for the Community and The
Planning Commission and the Applicant; moving the Hearing to which date, however, is now the
problem for three opponents to the 11 Peralta proposal through no fault of their own. NOTE: Most
business people calendar two months in advance in these hectic days.
PROCEDURAL ISSUE CLARIFICATION: The Vice-Chair of The Planning Commission opened the
record at the December 12, 2018 Hearing solely for the purpose of hearing from Mr. Jeans as to his
druthers to go forward or to delay to the next Planning Commission Hearing Date of January·9, 2019.
The Vice Chair then promptly closed the record, but was then good enough to respond to my arm
waiving from the Gallery and request to be heard by momentarily reopening the record for me to
respond, at his instruction, to only the January 9 Hearing date suggestion Mr. Jeans had put forward.
I opposed the January 9 date on the record because I was and remain scheduled to be out of town on
that date on business on the East Coast. The Vice Chair then closed the record and the Planning
Commission debated how to proceed and moved and set the date to January 25, 2019. Two
EXHIBIT 19
members of the audience then offered objection, off-the-record from the Gallery, because they were
scheduled to be out of town, and one took the podium to explain her personal travel schedule, all
while off the record. A second member of the audience within my earshotalso voiced objection, but I
was not sure any Planning Commission Member could hear her voice. I did not speak up at that time,
even though I knew I could not attend the January 23 meeting, since the Planning Commission was
off-the record and not entertaining further comment from the public. I then called you the next day to
inquire as to how I might proceed given these unfortunate turns of events.
If there is another way I should proceed to make this request to The Planning Commission other than
via this e-mail, I would appreciate your guidance. Thanking you in advance .... John C. Fox
John C. Fox
Fox, Wang & Morgan P.C.
315 University Avenue
Los Gatos, CA 95030
Direct: ( 408) 844-2360
Cell: (650) 400-2121
Fax: (408) 844-2351
jfox@foxwangmorgan.com
FOX.WANG I MOR.CAN P.C.
www.foxwangmorgan.com
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From: Erin M. Walters <EWalters@losgatosca.gov>
Sent: Friday, December 21, 2018 12:31 PM
To: John Fox <JFox@foxwangmorgan.com>; Donna Fox <DFox@foxwangmorgan.com>
Subject: 11 Peralta Avenue -Planning Commission January 23, 2019
Good Afternoon,
The Planning Commission Public Hearing for 11 Peralta Avenue will be held Wednesday January 23, 2019 at 7:00 p.m ..
Included in Staff Report
Public comments submitted before 11 a.m. on January 18th will be included in the January 23, 2019 staff report.
The project staff report will be available on the Town's website after 5 p.m. on Friday January 18, 2019.
Included in Addendum
Public comments submitted between Friday January 18th after 11 a.m. and before 11 a.m. on Tuesday January 22nd will
be included in the Addendum to Planning Commission.
Included as a Desk Item
Public comments submitted after 11am on Tuesday January 22nd and before 11am on Wednesday January 23rd will be
included in a Desk Item for Planning Commission.
Happy Holidays,
Erin Walters • Associate Planner
Community Development Department• 110 E. Main Street, Los Gatos CA 95030
Ph: 408.354.6867 • 408-354-6872
www.losgatosca.gov • ewalters@losgatosca.gov
Erin's Office Hours: 9:00 AM -1:00 PM, Monday -Friday
Please note the upcoming Town closure: December 24, 2018 -January 1, 2019 -Town Closure
Community Development Counter Hours: 8:00 AM -1:00 PM, Monday -Friday
TOWN OF LOS GATOS A p A 2040
General Plan update, learn more at www.losgatos2040.com
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