Item 1 - 05.08.19 Draft Minutes
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 05/22/2019 ITEM NO: 1
DRAFT
MINUTES OF THE PLANNING COMMISSION MEETING
MAY 8, 2019
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on
Wednesday, May 8, 2019, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Chair Matthew Hudes, Vice Chair Melanie Hanssen, Commissioner Mary Badame,
Commissioner Kendra Burch, Commissioner Kathryn Janoff, Commissioner Reza Tavana,
and Commissioner Tom O'Donnell
Absent: None
PLEDGE OF ALLEGIANCE
Commissioner Janoff led the Pledge of Allegiance. The audience was invited to participate.
VERBAL COMMUNICATIONS
None
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approval of Minutes – April 24, 2019
2. Town Code Amendment – Hillside Fences
Town Code Amendment Application A-19-001
Applicant: Town of Los Gatos
Project Planner: Sean Mullin
Requesting continuance to May 22, 2019 to consider amendments to Chapter 29
(Fences, Hedges, and Walls) of the Town Code regarding fences, hedges, and walls in the
hillside area. Continued from March 13, April 10, 2019.
3. 460 Monterey Avenue
Architecture and Site Application S-19-009
APN 410-16-022
Property Owner/Applicant: Edward Morimoto
Project Planner: Sean Mullin
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Requesting continuance to June 12, 2019 for approval of a modification to an approved
Architecture and Site application for removal of a condition requiring utilities to be
placed underground on property zoned R1-D. Continued from March 27, April 10, 2019.
PUBLIC HEARINGS
4. 11 and 15 Peralta Avenue
Subdivision Application M-19-001
Variance Application V-19-001.
APNs 510-42-073 and 074
Property Owner: Wendy F. Kandasamy Trust
Applicant: Tony Jeans
Project Planner: Erin Walters
Requesting approval of a variance for a lot line adjustment between two lots for
properties zoned R-1:8.
Erin Walters, Associate Planner, presented the staff report.
Opened Public Comment.
Tony Jeans
- Neighbor concerns reflect that the houses on the two prospective lots would be so close
together. The current lot line of 15 Peralta runs through the primary residence on the
property, meaning the owners can't do a remodel, or anything, because it is
nonconforming and the property line runs through the house, leading to deferred
maintenance. They want to move the property line so that it runs neatly between the two
properties and allows them to be treated properly as primary residences, both on legal lots.
This hearing is to rectify the problem by moving the property line and making it workable
so 15 Peralta can have a primary residence they can do something to. It is not about
moving the house or making the houses close together. The Planning Commission has
already approved moving 11 Peralta 3 feet closer to 15 Peralta, but because of the way
they do that the distance to the property line actually increases.
Belinda Milford
- She lives at 41 Manzanita Avenue and is a block away from the subject site. The lot should
not be subdivided because it would cause increased congestion, increased parking, and
would be unfair to the Fox family next door at 9 Peralta to have a house encroaching closer
to their house. Her childhood town had character but was ruined by subdivisions, dividing
lots, building more houses, etc., and she would hate to see that happen in Los Gatos.
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Donna Fox
- She and her family live at 9 Peralta, adjacent to the Victorian at 11 Peralta and the cottage
at 15 Peralta. Nearly all the immediate neighbors of 15 Peralta oppose this project,
including more neighbors up and down the street. Granting the variance would negatively
impact the 11 Peralta lot and the neighborhood by making 11 Peralta a nonconforming lot,
or alternately, a more nonconforming lot. The applicant has failed to prove there are any
special circumstances applicable to 11 and 15 Peralta to justify changing 11 Peralta from a
conforming to a nonconforming lot, which would further erode Town Code standards
without any benefit to 11 Peralta or the neighborhood.
Shelley Spray
- She lives at 20 Hernandez Avenue, within view of the subject property. 11 and 15 Peralta
have been sold 20 times, always as one lot, over its 112 year history and has never been
subdivided as separate lots. There is no lot line to move. The primary residence on the lot
has a single entrance and looks like one Victorian home with a tiny building next to it.
Around the back there is another entrance with six garages, and it all looks like one
building, and there is no lot line. The applicant is going back to a map of the property from
1895 and finding this supposed lot line and then wanting to move it in order to subdivide
the lot and sell both lots off. The Los Gatos community does not want this constant
subdividing and subdividing.
Art Monk
- He lives at 33 Peralta. Section 29.10.070 of the Zoning Regulations regarding a lot merge
really does apply. The applicant has crafted a proposal in a manner to escape the prongs of
29.10.070 by tearing down the garage and making the lot for 15 Peralta 5,000 square feet.
These activities are forbidden in 29.10.070 that says, "No parcel shall be modified through
a lot line adjustment procedure in order to meet the criteria listed above."
David Cox
- He and his wife live at 41 Peralta and are against the proposed project. Their main reason is
this has been a single property over one hundred years, and developers are coming in and
dividing it up for their personal gain, and it disrupts what has been going on for a hundred
years on the street, and it is nonconforming, so it does not make sense.
Tony Jeans
- These are two properties, as recorded by the Town of Los Gatos with a Certificate of
Compliance in 2001. Any attempt to portray them as anything but two separate parcels is
wrong. The applicants are being prevented from developing their property without this lot
line adjustment. Having a 7,000 square foot lot is not inconsistent with the neighborhood.
Closed Public Comment.
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Commissioners discussed the matter.
MOTION: Motion by Commissioner Badame to approve a Subdivision Application
and Variance Application for 11 and 15 Peralta Avenue. Seconded by
Commissioner Burch.
Vice Chair Hanssen requested the motion be amended to include the conditions in Exhibit 3,
which include the requirement to demolish part of the garage.
The Maker of the Motion accepted the amendment to the motion.
The Seconder of the Motion accepted the amendment to the motion.
Commissioners discussed the matter.
VOTE: Motion passed unanimously.
OTHER BUSINESS
5. Report from the Director of Community Development
Joel Paulson, Director of Community Development
• Town Council met May 7, 2019; discussed Planning Commission's recommendation
regarding Land Use Appeal modifications and introduced all of the ordinance with the
exception of the findings; and authorized the Town Manager to work with Parks and
Public Works on specs and bids on the One-Way Street Pilot set to begin in early July
and go until October.
SUBCOMMITTEE REPORTS/COMMISSION MATTERS
Conceptual Development Advisory Commission
Commissioner Badame
- CDAC met May 8, 2019; discussed potential project for Wood Road and had concerns
including fire safety.
General Plan Advisory Committee
Commissioner Hanssen
- GPAC met April 30, 2019; continued discussion of the Vision for the 2040 General Plan
Update and crafted a Vision Statement.
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ADJOURNMENT
The meeting adjourned at 8:33 p.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
May 8, 2019 meeting as approved by the
Planning Commission.
_____________________________
Vicki Blandin
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