Item 4 - Staff Report.11 and 15 Peralta Ave
PREPARED BY: ERIN WALTERS
Associate 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: 05/08/2019 ITEM NO: 4
DATE: MAY 3, 2019 TO: PLANNING COMMISSION FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: SUBDIVISION APPLICATION M-19-001 AND VARIENCE APPLICATION V-19-001. PROJECT LOCATION: 11 AND 15 PERALTA AVENUE. PROPERTY OWNER: WENDY F. KANDASAMY TRUST. APPLICANT: TONY JEANS. REQUESTING APPROVAL OF A VARIANCE FOR A LOT LINE ADJUSTMENT BETWEEN TWO LOTS FOR PROPERTIES ZONED R-1:8. APN 510-42-073 AND -074.
RECOMMENDATION:
Approval, subject to the recommended Conditions of Approval.
PROJECT DATA:
General Plan Designation: Low Density Residential
Zoning Designation: Single-Family Residential (R-1:8)
Applicable Plans & Standards: General Plan
11 Peralta Avenue Parcel Size: 8,000 square feet
15 Peralta Avenue Parcel Size: 4,000 square feet
Surrounding Area:
Existing Land Use General Plan Land Use
Designation
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
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CEQA:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act, Section 15305: Minor Alterations in Land Use
Limitations.
FINDINGS:
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15305: Minor
Alterations in Land Use Limitations.
As required by Section 29.20.170 of the Town Code for granting a variance; and
As required by Section 66474 of the Subdivision Map Act.
ACTION:
The decision of the Planning Commission is final unless appealed within ten days.
BACKGROUND:
On March 6, 2001, the Development Review Committee (DRC), approved a Certificate of
Compliance (M-01-005) for the two existing lots located at 11 Peralta Avenue, and 15 Peralta
Avenue. The Certificate of Compliance was recorded with the Santa Clara County Recorder on
July 18, 2001 (Exhibit 8).
The two subject properties are located on the west side of Peralta Avenue, approximately 126
feet north of Pennsylvania Avenue (Exhibit 1). The 8,000-square foot 11 Peralta Avenue
property is developed with an existing pre-1941 two-story single-family residence and two
accessory dwelling units. The 4,000-square foot 15 Peralta Avenue property is developed with
an existing pre-1941 two-story single-family residence. The residence at 15 Peralta Avenue
currently crosses over the property line onto the 11 Peralta Avenue property. An existing
detached six car garage structure also crosses the property line between the two properties.
The applicant has requested a lot line adjustment in order to remedy an existing condition in
which the 15 Peralta Avenue residence crosses over the property line onto the 11 Peralta
Avenue property and the detached six-car garage crosses over the property line between the
two properties. The project is being referred to the Planning Commission because the lot line
adjustment would require a variance to reduce the required lot size, lot frontage, and side
setback (north) for the 11 Peralta Avenue residence.
On April 1, 2019, the Town Council denied an appeal of the decision of the Planning
Commission and approved Minor Residential Development Application (MR-18-008) for the
construction of a 436-square foot addition to the existing second story of the single-family
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BACKGROUND (continued):
residence at 11 Peralta Avenue. The approval of the Minor Residential Development
Application is independent of the proposed lot line adjustment and variance application
request.
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The subject lots, 11 and 15 Peralta Avenue, are located on the west side of Peralta Avenue,
approximately 126 feet north of Pennsylvania Avenue (Exhibit 1). The properties
surrounding the subject properties contain single-family residences. A public alley is
located to the rear (west) of the subject properties.
B. Project Summary
The project proposes a lot line adjustment between two lots in a single-family
neighborhood. The lot line adjustment requires a variance to reduce the required lot size,
lot frontage, and side setback (north) for 11 Peralta Avenue. The existing lots are each
developed with a single-family residential uses. Both properties are currenting non-
conforming legal lots. 11 Peralta Avenue has a street frontage of 50 feet where 60 feet is
required in the R-1:8 zone. 11 Peralta Avenue also has existing non-conforming front and
side (south) setbacks of 20 feet and 1.63 feet were 25 feet and 8 feet are required. 15
Peralta Avenue has a lot size of 4,000 square feet where 8,000 square feet is required, and a
frontage of 25 feet where 60 feet is required in the R-1:8 zone. 15 Peralta Avenue also has
existing non-conforming front and side (south) setbacks of 21.75 feet and -3.875 feet were
25 feet and 8 feet are required. The 15 Peralta Avenue residence crosses over the property
line on to the 11 Peralta Avenue property. The existing six-car detached garage also crosses
the property line. The lot line adjustment would not increase the number of dwelling units
from that of the existing condition. No further development is proposed with this
application.
C. Zoning Compliance
The proposed lots would comply with the required minimum lot depths and lot coverage for
the R-1:8 zone. The lot line adjustment would improve the non-conforming existing
condition of 15 Peralta Avenue. However, the lot line adjustment would require a variance
to reduce the required lot size, lot frontage, and side setback (north) for the 11 Peralta
Avenue property.
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DISCUSSION:
A. Lot Line Adjustment
The applicant is requesting a lot line adjustment between the 11 and 15 Peralta Avenue
lots. The purpose of the lot line adjustment request is to remedy the existing site condition
where the residence on 15 Peralta Avenue and the existing six-car garage crosses the
property line. The applicant has provided a scope of work and project history in Exhibit 4.
The proposed lot line adjustment plans are provided in Exhibits 9 and 11.
Additional information regarding lot size, lot frontage, and setbacks are included in the
variance section of this report.
B. Variance
The applicant is requesting a variance to reduce the required lot size, lot frontage and side
setback (north) for 11 Peralta Avenue. The applicant has provided written justification for
the request (Exhibit 5), citing that the existing property at 15 Peralta Avenue has an
unusually narrow lot frontage of 25 feet where 60 feet is required. The 15 Peralta Avenue
residence currently crosses the property line with 11 Peralta Avenue by 3 feet, 10-1/2
inches. The applicant has provided further justification for the variance by providing an
analysis of the neighborhood’s lot size and lot frontage patterns in Exhibit 7.
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.
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DISCUSSION (continued):
Lot Size
Section 29.40.395 of the Town Code requires a minimum lot size of 8,000 square feet in the
R-1:8 zone. The existing non-conforming lot size at 15 Peralta Avenue is 4,000 square feet.
The existing conforming lot size at 11 Peralta Avenue is 8,000 square feet. With the
proposed lot line adjustment, the non-conforming lot size at 15 Peralta Avenue will increase
to 5,000 square feet. The lot line adjustment would create a non-conforming lot size of
7,000 square feet for the 11 Peralta Avenue lot. The table below provides the existing and
proposed lot sizes for the subject properties.
Lot Size
11 Peralta 15 Peralta
Required Existing Proposed Existing Proposed
Lot Size 8,000 sf 8,000 sf *7,000 sf 4,000 sf 5,000 sf
*- requires variance
The applicant is requesting a variance to reduce the required lot size for 11 Peralta Avenue.
The applicant has provided further justification for the variance by providing an analysis of
existing parcels within the neighborhood that have lot sizes less than the required 8,000
square feet in Exhibit 7.
Lot Frontage
Section 29.40.400 of the Town Code requires a minimum lot frontage of 60 feet for interior
lots in the R-1:8 zone. The existing lot frontage of 15 Peralta Avenue is 25 feet and is non-
conforming. The existing frontage of 11 Peralta Avenue is 50 feet and is non-conforming.
With the proposed lot line adjustment, the lot frontage at 15 Peralta Avenue would increase
to 32.63 feet. The lot frontage at 11 Peralta Avenue would decrease to 42.37 feet. The
table below provides the existing and proposed lot frontages for the subject properties.
Lot Frontage
11 Peralta 15 Peralta
Required Existing Proposed Existing Proposed
Frontage 60 ft 50 ft *42.37 ft 25 ft 32.63 ft
*- requires variance
The applicant is requesting a variance to reduce the required lot frontage for 11 Peralta
Avenue. The applicant has provided further justification for the variance by providing an
analysis of existing parcels within the neighborhood that have lot frontages less than the
required 60 feet in Exhibit 7.
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DISCUSSION (continued):
Side Setback
The subject properties both have existing non-conforming building setbacks per Section
29.40.405 of the Town Code for properties in the R-1:8 zone.
The tables below provide the existing and proposed setbacks for the subject properties. The
proposed lot line adjustment would improve the existing side yard setback (south) at 15
Peralta Avenue from a 3.875-foot projection over the property line to a 3.75-foot setback.
Existing Residence Setbacks - 15 Peralta Avenue
Required Existing Proposed- LLA
Front 25 21.75 Same
Side-Right (North) 8 4 Same
Side- Left (South) 8 -3.875 3.75
Rear 20 89 Same
The proposed lot line adjustment would reduce the existing side setback (north) at 11 Peralta
Avenue from 12 feet to 4.375 feet. The applicant is requesting a reduced side yard setback
of 4.375 feet where 8 feet is required. The applicant has provided justification for the
reduced side setback in a neighborhood analysis of properties with side setbacks of less than
eight feet as required in the R-1:8 zone (Exhibits 4 and 7).
Existing Residence Setbacks - 11 Peralta Avenue
Required Existing Proposed- LLA
Front 25 20 Same
Side-Right (North) 8 12 *4.375
Side- Left (South) 8 1.63 Same
Rear 20 67 Same
*- Requires Variance
Given the special circumstance of the existing non-conforming lot sizes, lot frontages,
setback, the existing building crossing the shared property line, and a pattern of lot
configurations in the vicinity that do not meet the lot size, lot frontage and setback
requirements, granting of the variance to reduce the required lot size, lot frontage, and side
setback (north) for 11 Peralta Avenue would not constitute a grant of special privilege.
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DISCUSSION (continued):
C. Minor Residential Development Application
Assuming the Minor Residential Development Application (MR-18-008) for the second story
addition and relocation of the residence three feet to the north is completed at 11 Peralta
Avenue the proposed lot line adjustment would result in less of a reduction in the existing
side setback (north).
Second Story Addition and Relocation of House per Approved MR-18-008
11 Peralta Avenue Setbacks
Required
Second Story Addition and
Relocation of House Pre-LLA
Second Story Addition and
Relocation of House
Post-LLA
Front 25 20 Same
Side-Right (North) 8 14 6.375
Side- Left (South) 8 8 Same
Rear 20 61 Same
D. Neighborhood Compatibility
The properties in the immediate neighborhood range in size from 4,000 to 12,000 square
feet. With the proposed lot line adjustment and lot size modification for 11 and 15 Peralta
Avenue the existing residences would be below the Town Code’s maximum allowable Floor
Area Ratio (FAR). The proposed square footage for 11 Peralta Avenue’s approved second
story addition (MR-18-008) would also below the below the Town Code’s maximum
allowable FAR.
The applicant has provided further neighborhood analysis in Exhibit 7of properties less than
8,000 square feet located in the greater neighborhood. This analysis includes five
properties with lot sizes less than the required 8,000 square feet ranging in size from 2,950
square feet to 7,442 square feet.
E. Garage
Prior to recordation of the Certificate of lot line adjustment, to remedy the detached six-car
garage crossing the property line, the applicant will be required to demolish or modify the
garage structure through the appropriate planning and building processes so that the
structure no longer crosses the the property line (Condition of Approval 6 of Exhibit 3). The
applicant proposes to remove the single garage bay that crosses the property line, resulting
in a detached two car garage on 15 Peralta Avenue and a detached three-car garage on 11
Peralta Avenue (Attachment 11).
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DISCUSSION (continued):
F. Environmental Review
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15305: Minor
Alterations in Land Use Limitations.
PUBLIC COMMENTS:
Written notice was sent to property owners and tenants within 300 feet of the subject
property. Neighborhood outreach completed by the applicant is included as Exhibit 10. Public
comments received by 11:00 A.M. on Friday, May 3, 2019, are included as Exhibit 12. The
applicant’s response to public comments provided by 37 Peralta Avenue is included in Exhibit
13. The applicant’s response, if any, to additional public comments will be provided in an
Addendum or Desk Item.
CONCLUSION:
A. Summary
The project proposes a lot line adjustment between two lots in order to remedy existing
conditions on the site in which the existing residence on 15 Peralta Avenue and the six-car
garage cross the property line. Approval of the variance application to reduce the required
lot size, lot frontage, and side setback (north) for 11 Peralta Avenue is required for approval
of the lot line adjustment application. As discussed in this report, the lot size, lot frontage,
and building setbacks would be more compatible with the immediate neighborhood than
they are currently, and findings to support the variance can be made; specifically that:
1. Because of special circumstances applicable to the property, including size, shape, and
location, the strict application of this ordinance would deprive the property owners of
privileges enjoyed by other properties in the vicinity and under identical zone; and
2. Granting the 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.
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CONCLUSION (continued):
B. Recommendation
Based on the analysis above, staff recommends approval of the variance and the lot line
adjustment 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 the project is Categorically Exempt pursuant to the
adopted Guidelines for the Implementation of the California Environmental Quality Act,
Section 15305: Minor Alterations in Land Use Limitations (Exhibit 2); and
2. Make the findings as required by Section 29.20.170 of the Town Code for granting a
variance (Exhibit 2); and
3. Make the required findings of the Subdivision Map Act, Section 66412 (Exhibit 2) and
approve the lot line adjustment provided in Exhibits 9 and 11.
C. Alternatives
Alternatively, the Commission can:
1. Continue the matter to a date certain with specific direction;
2. Approve the applications with additional and/or modified conditions; or
3. Deny the applications.
EXHIBITS:
1. Location Map
2. Required Findings (two pages)
3. Recommended Conditions of Approval (two pages)
4. Scope of Work and Project History, received April 19, 2019 (two pages)
5. Letter of Justification, received April 19, 2019 (one page)
6. Analysis of Existing Conditions and the Approved Remodel, received April 19, 2019 (one
page)
7. Neighborhood Compatibility Analysis, received April 19, 2019 (one page)
8. Recorded 2001 Certificate of Compliance Approval for 11 and 15 Peralta Avenue, received
April 19, 2019 (six pages)
9. Lot Line Adjustment Exhibits, received April 19, 2019 (four pages)
10. Applicant’s Neighborhood Outreach Letter, received April 19, 2019 (three pages)
11. Development Plans, received April 19, 2019 (three sheets)
12. Public Comments received by 11:00 a.m. on Friday May 3, 2019
13. Applicant’s Response to Public Comment from 37 Peralta Avenue, received April 29, 2019
(one page)
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Distribution:
Tony Jeans, T.H.I.S. Design and Development, P.O. Box 1518, Los Gatos, CA 95031
Wendy Kandasamy, 233 Valley Street, Los Altos, CA 94022