Attachment 1PREPARED 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: 12/12/2018 ITEM NO: 4
DATE: DECEMBER 5, 2018 TO: PLANNING COMMISSION FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: MINOR RESIDENTIAL DEVELOPMENT APPLICATION M-18-008. PROJECT LOCATION: 11 PERALTA AVENUE. PROPERTY OWNER: WENDY FAN KANDASAMY, APPLICANT: TONY JEANS. REQUESTING APPROVAL FOR CONSTRUCTION OF AN ADDITION TO AN EXISTING SECOND STORY OF A PRE-1941 SINGLE-FAMILY RESIDENCE ON PROPERTY ZONED R-1:8. APN 510-42-073.
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 and Residential Design Guidelines
Parcel Size: 0.18-acre
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
ATTACHMENT 1
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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 15301: Existing Facilities.
FINDINGS:
As required, pursuant to the adopted Guidelines for the Implementation of the California
Environmental Quality Act, this project is Categorically Exempt, Section 15301: Existing
facilities.
As required by the Residential Design Guidelines that the project complies with the
Residential Design Guidelines.
ACTION:
The decision of the Planning Commission is final unless appealed within ten days.
BACKGROUND:
The subject 0.18-acre property is located on the west side of Peralta Avenue (Exhibit 1) and is
developed with an existing pre-1941 two-story primary residence with two permitted attached
Accessory Dwelling Units (ADU).
On May 9, 2018 the applicant submitted a Minor Residential Development application (MR-18-
008) for the construction of an addition to the existing second story that exceeds one hundred
square feet.
On May 23, 2018, the Historic Preservation Committee (HPC) reviewed the project for
conformance with the Residential Design Guidelines and recommended approval to the
Director of Community Development of the Minor Residential Development application with
conditions. The applicant has incorporated the recommended HPC conditions into the
development plan (Exhibit 15).
In July of 2018 story poles and signage were installed on the site.
On August 15, 2018, the Notice of Pending Approval for the application was mailed to the
surrounding property owners and occupants as required by the Town Code. The property
owners and occupants had ten days from the date of the Notice of Pending Approval in which
to review the application and to notify the Planning Director in writing of any concerns.
Objections to the pending approval were received from two neighbors within the ten-day
period (Exhibit 10 and Exhibit 11).
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BACKGROUND (continued):
On September 4, 2018, the Town received written objection from the neighbor at 9 Peralta
Avenue, with concerns that could not be resolved with the applicant (Exhibit 10). On
September 7, 2018, the Town received written objection from the neighbor at 35 Peralta
Avenue (Exhibit 11, pages 2 and 3); however on September 9, 2018 the Town received written
rescission of the objection from the same neighbor, stating that their concerns had been
resolved with the applicant (Exhibit 11, page 1).
Pursuant to Town Code, the application was scheduled on the next available Planning
Commission agenda for consideration.
The applicant has provided a summary of neighbor concerns and actions taken, and a rebuttal
of neighbor objections (Exhibit 12). The applicant has also submitted modifications to the
development plans and a letter summarizing changes made to the plans addressing neighbor’s
privacy concerns and building heights (Exhibit 5 and Exhibit 15).
PROJECT DESCRIPTION:
A. Minor Residential Development Application
A Minor Residential Development Application is required for the construction of an addition
to an existing second story of a single-family residence where the additional area will
exceed one hundred square feet.
B. Location and Surrounding Neighborhood
The subject site is located on the west side of Peralta Avenue (Exhibit 1). The immediate
neighborhood includes one- and two-story residential structures, with a mix of architectural
styles.
C. Zoning Compliance
The property is zoned R-1:8, where a single-family residence and an ADU are permitted
under current regulations. Two attached ADUs were permitted on the subject property in
2001, creating one nonconforming ADU.
The proposed project is in compliance with the setback, floor area, building coverage,
height, and parking requirements of the R-1:8 zone.
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DISCUSSION:
A. Minor Residential Development Application Analysis
The applicant proposes a 540-square foot addition to the second story of an existing
historic, 2,133-square foot structure with a 108-square foot below-grade area.
The proposal would also include alterations to the main floor and below-grade area for
alterations to the permitted ADUs which would be reviewed under separate, ministerial,
permits.
The following existing elements would be removed as part of the addition to the second
story:
• The two-story side balcony and staircase on the south side elevation;
• A portion of the single story at the rear; and
• The enclosure of the rear porch which appears to be an alteration to the original
structure.
The existing foundation is damaged and will need to be repaired. The applicant proposes to
move the structure three feet towards the north side of the property in the process of
replacing the foundation.
The second floor of the existing house would be expanded by 540 square feet and a second-
floor balcony would be constructed on the rear elevation. The balcony would be set back
twenty feet from the southern property line. Access to the second floor would be provided
from a staircase on the south side elevation that enters the staircase at the main level.
B. Design and Compatibility
The proposed addition is compatible with the existing Victorian architecture style of the
building. All windows and exterior materials are proposed to match the existing residence
(Exhibit 15). The applicant has submitted a project description and letter of justification
(Exhibit 4) for additional information regarding the proposed project.
The proposed rear addition does not increase the height of the existing building. The
addition is located to the rear and will not modify the front elevation or change the
streetscape on Peralta Avenue.
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DISCUSSION (continued):
C. Historic Preservation Committee
The proposed project was considered by the Historic Preservation Committee (HPC) on May
23, 2018. At the meeting, the HPC reviewed the proposed exterior modifications and
second story addition to the pre-1941 building. The subject property is not located in a
historic district. Action minutes for that meeting are included as Exhibit 7. The Committee
recommended approval of the proposal with modifications to the plans, which included
modification of the vertical pickets at the south side of the second story rear covered patio
to match those on the north and west sides. The HPC also recommended retaining existing
materials of the front elevation as referenced in the existing exterior elevations that were
presented as Attachment 3 to the May 23, 2018 Historic Preservation Committee
coversheet (Exhibit 6). Modifications are reflected in the attached development plans
(Exhibit 15).
Following the HPC meeting the applicant modified the following windows on the southern
elevation to address privacy between the properties:
- The triple windows at the second floor were reduced from five feet, eight-inch high
double hung to four-foot high casement;
- The kitchen window at the second floor to the right (east) of the triple window was
removed; and
- The bedroom windows were moved towards the front of the house.
The changes above are reflected in the revised development plans and clouded on
applicable sheets (Exhibit 15). The applicant has provided a letter summarizing the changes
to the development plans (Exhibit 5). There have been no changes to the front elevation
since the HPC review.
D. Height
The existing maximum building height is 31 feet, ten-inches. The maximum building height
allowed in the R-1:8 zone is 30 feet. The existing nonconforming building exceeds the
maximum allowable height for the zoning district. Pursuant to Section 29.10.245 (e) (2) of
the Town Code when a nonconforming building is too high, any expansion must be within
the current height limitations of the zone. At 29 feet, ten inches the height of the proposed
addition complies with the Town Code requirements.
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DISCUSSION (continued):
E. Floor Area and Neighborhood Compatibility
The existing structure is 2,113 square feet with 108 square feet of below-grade area and a
floor area ratio (FAR) of 0.27. The proposed structure would be 2,549 square feet with
1,148 square feet of non-countable below-grade floor area and a FAR of 0.32, where 0.426
is allowed with an ADU. There are no proposed changes to the existing 690-square foot
detached garage.
Pursuant to Town Code the maximum allowable square footage for the property is 3,408
square feet which includes the 10 percent increase in FAR for an ADU. The project proposes
2,549 square feet of countable FAR which is 859 square feet below the maximum allowable
for the property.
A floor area table for the countable square footage of the residence is shown in the table
below.
Floor Area Summary- Residence
Floor Existing Proposed Maximum
Allowable per
Town Code
Main 1,303 1,199 N/A
Second 810 1,350 N/A
Total 2,113 2,549 3,408 (.426 FAR)
Below-grade area *108 *1,148
(238 sq.ft. mechanical
room/storage)
*Not countable
floor area
The immediate area is made up of one and two-story residential structures with a mix of
architectural styles. Based on Town and County records, the structures in the immediate
neighborhood range in size from 1,294 square feet to 3,281 square feet. The FARs for the
structures range from 0.14 to 0.33.
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DISCUSSION (continued):
The following Neighborhood Analysis Table reflects the conditions of the immediate
neighborhood:
Neighborhood Analysis
Address
Floor
Area
Garage
Floor Area
Gross Lot
Area FAR Stories Zoning
9 Peralta Avenue 3,281 504 9,920 0.33 2 R-1:8
15 Peralta Avenue 1,294 500 4,000 0.32 2 R-1:8
33 Peralta Avenue 1,638 0 12,000 0.14 1 R-1:8
32 Peralta Avenue 1,553 216 8,400 0.18 1 R-1:8
20 Peralta Avenue 2,662 400 10,500 0.25 2 R-1:8
18 Peralta Avenue 2,550 552 11,250 0.23 2 R-1:8
10 Peralta Avenue 1,770 400 11,250 0.16 1 R-1:8
66 Pennsylvania 2,222 390 7,500 0.30 1 R-1:8
11 Peralta Avenue (E) 2,113 690 8,000 0.26 2 R-1:8
11 Peralta Avenue (P) 2,549 690 8,000 0.32 2 R-1:8
The proposed residential structure would be the fourth largest in the immediate
neighborhood; and in terms of FAR, the proposed structure would be the second largest.
F. 11 & 15 Peralta Avenue - Legal Separate Lots
In 2001, a Certificate of Compliance (M-01-5) was approved to legalize, the subject parcel
located at 11 Peralta Avenue, and the parcel to the north located at 15 Peralta Avenue. The
existing two-story residence and six-car detached garage at 15 Peralta Avenue crosses the
property line onto the subject 11 Peralta Avenue property. This is an existing condition and
the subject application does not include proposed modifications, either to the residence
located at 15 Peralta Avenue, or to the existing garage. In the future the applicant intends
to apply for a building permit to create two separate detached garages on each property
and a lot line adjustment to address the residence at 15 Peralta Avenue which crosses the
property line. The subject property owners also own 15 Peralta Avenue.
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DISCUSSION (continued):
G. Parking
The site contains an existing detached six-car garage which crosses the shared property line
of the subject property and the 15 Peralta Avenue property. The garage is accessed via the
rear alley. Three garage spaces are located on the subject property. The proposed project
requires the following parking spaces per Town Code:
Off-Street
Parking Spaces
Required
Per Town Code
Single-Family Dwelling
2
Pursuant to Section 29.10.150 (c)(1) of the Town
Code, single family dwellings require two parking
spaces for each living unit.
Accessory Dwelling Unit
0
Pursuant to Section 29.10.320 (b)(8)(a) of the
Town Code, Exceptions. No parking spaces shall
be required if the accessory dwelling unit meets
any of the following criteria:
1. The accessory dwelling unit is located within
one-half mile of a public transit stop
Total Required Spaces 2
Total Provided Spaces 3
In the future the applicant intends to remodel the garage to remedy the condition of the
building crossing the property line. The subject application for a second story addition does
not include modifying the existing garage. If an application to remodel the garage is
submitted in the future, the Town will evaluate the application at that time per Town Code.
The existing parking meets the required number of off-street parking spaces pursuant to
Town Code.
H. Tree Impacts
The development plans were reviewed by the Town’s Consulting Arborist and a report was
prepared (Exhibit 8). The subject property has two protected trees: a 30-inch Coast Live Oak
large protected tree (#476), and a six-inch Magnolia tree. The applicant proposes removal
of the Magnolia and two exempt fruit trees as the trees are in conflict with the proposed
development. Tree #476 would be preserved. The Town Arborist visited the site to inspect
the trees and evaluate potential impacts from the proposed construction. In review of the
Tree #476 the Town Arborist made recommendations for plan revisions and tree protection
measures. The applicant has included these recommended revisions in the project plans.
Tree replacement will be required in conformance with the standards of the Town Code.
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DISCUSSION (continued):
I. Privacy
The adjacent neighbor’s property located at 9 Peralta Avenue, is located at a lower grade
than the subject property. The applicant met with the neighbor multiple times to discuss
the proposed project and possible solutions for addressing privacy concerns (Exhibit 12).
The applicant has included the following elements into the proposed design to mitigate
privacy between the two properties:
Removal of Existing Exterior Stairs and Second Story Balcony- South Elevation
The existing second story exterior stairs and balcony on the south elevation are located two
feet from the shared property line. The applicant would remove the existing second story
stairs and balcony. The proposal would include new covered exterior stairs that enter the
structure on the main level to access the second level. The new stairs are located eight feet
from the property line where the existing stairs have a two-foot setback and provide entry
at the second level.
Increased Setbacks-Relocate Residence Three-Feet to the North
The applicant would relocate the residence three feet to the north. This would increase the
side building setback from nine feet to 12 feet between the properties.
Window Location and Size- South Elevation
The applicant has modified window locations and sizes along the southern elevation to
mitigate line of site and privacy between the properties.
New Fence- South Elevation
The applicant would install a new six-foot tall wood fence along a section of the southern
property line towards the front of the property. The fence would be located between the
existing Coast Live Oak (#476) and the existing fence. The fence would help mitigate privacy
concerns.
Landscape Screening- South Elevation
The applicant proposes to plant screening shrubs and an evergreen canopy tree on the
southern property line to help mitigate privacy between properties, as shown on the
development plans (Sheet C1.0 of Exhibit 15). A site line diagram on Sheet C1.0 of Exhibit
15 illustrates the landscape screening and site lines between the properties.
Obscure glass in Doors- South Elevation
The applicant would install obscure glass in the the two primary exterior doors on the south
elevation to help mitigate privacy between the properties.
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DISCUSSION (continued):
Recommended Conditions of Approval addressing the privacy measures have been included
in Exhibit 3. The modified development plans also reflect the proposed privacy measures
(Exhibit 15).
J. Neighbor Concerns
The applicant and property owners have shared the proposed plans with neighbors (Exhibit
9).
On September 4, 2018, the Town received written objection from the neighbor at 9 Peralta
Avenue, with concerns that could not be resolved with the applicant (Exhibit 10).
The letter includes the following concerns and recommendations:
1. Dwelling Units
The letter states the Town should not allow neighborhoods to be turned into apartment
complexes.
Response: The existing use is a single-family residence with one conforming and one
legal nonconforming ADU approved in 2001. The proposed expansion of the single-
family residence meets Town Code requirements and allowed uses. The Town Code does
not prohibit the expansion of below-grade square footage, which does not count
towards FAR. Alterations to the permitted ADUs would be reviewed under separate,
ministerial, permits and are not the subject of this application.
2. Parking
The letter states the proposal lacks proper parking to support the proposed project.
Response: As described in the staff report the existing and proposed uses meet off-street
parking space requirements.
3. Privacy
The letter states the Town should not allow the conversion of the existing residence into
an apartment complex or allow the applicant to change every window on the southern
elevation creating privacy issues between properties.
Response: As described in the staff report the remodel and expansion of the single-
family residence meets Town Code requirements for the R-1:8 zone. The applicant has
worked with the neighbor to minimize privacy issues between the properties through
window placement, window size, use of obscure glass in doors, landscape screening, and
relocation of the existing residence three feet to the north.
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DISCUSSION (continued):
4. Second Floor Balcony
The letter states the Town should reduce the mass of the rear second story addition.
The neighbor requests that the second story balcony be removed to reduce the building
mass and the privacy concerns between the properties. The neighbor is concerned that
the proposed second story balcony looks directly into their backyard.
Response: As described in the staff report the rear addition meets all of the Town’s
standards regarding setbacks, height, FAR, and lot coverage. There is no increase in
mass to the front elevation or streetscape. The addition creates new mass and
introduces a two-story balcony element to the rear of the existing house. The applicant
attempted to work with the 9 Peralta Avenue neighbor to implement privacy mitigation
measures into the design. Measures include window placement, window size, use of
obscure glass in access doors, and landscape screening. In addition, the project would set
the second story balcony twenty feet back from the property line and relocate the
existing residence three feet to the north.
5. Require Tree Fence in Middle of the Property Line
The letter requests that the Town require planting twenty-five-foot-high trees along the
southern property line to provide privacy between the two properties.
Response: The applicant is willing to plant landscape screening between the two
properties as shown on the development plans (Sheet C1.0 of Exhibit 15). The height of
the landscaping would be approximately 12 feet.
6. Future Lot Line Adjustment
The letter states that the Town should not consider this proposal given the anticipated
Lot Line Adjustment application submittal, and the subject property should not be
allowed to build out to the maximum FAR of the combined lots of 11 and 15 Peralta
Avenue.
Response: The subject application is for a second story addition. The Town has not
received a Lot Line Adjustment application. The applicant may submit a Lot Line
Adjustment application in the future. This Minor Residential Development Application
has calculated the maximum allowable FAR for the subject property at 11 Peralta
Avenue only. The proposed project is proposing an FAR that is below the maximum
allowed for the existing property size. If a Lot Line Adjustment application is submitted
in the future the Town will evaluate the application at that time per the Town Code.
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DISCUSSION (continued):
In summary, the 9 Peralta Avenue neighbor states they would support renovation of the
existing single-family home with one ADU. They would support the elimination of the
below grade area and elimination of the nonconforming ADU. They would also like to see
the removal of the second story balcony as it creates privacy issues between the properties.
The neighbor states further that the removal of the nonconforming ADU proposed to be
reconstructed at the below grade level would solve the parking concerns.
The nonconforming ADU unit is a legal unit. Pursuant to Section 29.10.330 of the Town
Code, in order to eliminate and/or demolish, without replacement, an approved accessory
dwelling unit, the Development Review Committee must make the finding that the
proposed elimination and/or demolition, (without replacement), is consistent with the
Town’s Housing Element of the General Plan and the demolition findings pursuant to
Section 29.10.09030. The applicant has not applied to demolish or remove the legal
nonconforming ADU.
The proposed second-story rear balcony is setback 20 feet from the southern property line
and the site lines provided by the applicant show the neighbor’s privacy will be mitigated.
The applicant has provided a summary of neighbor concerns and actions taken, and a
rebuttal of neighbor objections (Exhibit 12). The applicant has included a letter sent to the
neighbors requesting to meet and discuss outstanding concerns (Exhibit 13).
K. Environmental Review
The proposed project is Categorically Exempt pursuant to adopted Guidelines for
Implementation of the California Environmental Quality Act, Section 15301 because the
project consists of the construction of an addition to an existing single-family residence.
PUBLIC COMMENTS:
Story poles and signage were installed on the site and written notice of the Planning
Commission public hearing was mailed to property owners and occupants within 300 feet of
the subject property. Other than the objections described above, no public comments have
been received as of the writing of this report.
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CONCLUSION:
A. Summary
The applicant designed the second story addition to include materials and design features
of the architectural style of the existing structure and neighborhood. The project complies
with the Residential Design Guidelines. In addition, the proposed project is compatible with
the neighborhood in terms of setbacks, mass and scale, height, FAR, and square footage.
Although staff recommends approval of the proposed project, the matter has been referred
to the Planning Commission, pursuant to Town Code, because the Town received an
unresolved written objection to the Notice of Pending Approval for the Minor Residential
Development application.
B. Recommendation
Based on the analysis above, staff recommends approval of the Minor Residential
Development application 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
15301: Existing Facilities (Exhibit 2);
2. Make the finding that the project complies with the Residential Design Guidelines
(Exhibit 2); and
3. Approve Minor Residential Application MR-18-008 with the conditions contained in
Exhibit 3 and development plans attached as Exhibit 15.
C. Alternatives
Alternatively, the Commission can:
1. Continue the matter to a date certain with specific direction;
2. Approve the application with additional and/or modified conditions; or
3. Deny the application.
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EXHIBITS:
1. Location Map
2. Required Findings for a Minor Residential Development Application (one page)
3. Recommended Conditions of Approval (two pages)
4. Applicant’s Project Description and Letter of Justification, received December 3, 2018 (two
pages)
5. Applicant’s Summary of Changes Made to Plans, received November 27, 2018 (one page)
6. Historic Preservation Committee Staff Report, May 23, 2018 (26 pages)
7. Historic Preservation Committee Action Minutes, May 23, 2018 (three pages)
8. Consulting Arborist Report, received July 20, 2018 (34 pages)
9. Applicant’s Neighborhood Outreach, received December 4, 2018 (three pages)
10. Fox Objection Letter to Minor Residential Development application MR-18-008, received
September 4, 2018 (seven pages)
11. Monk Objection Email, received September 7, 2018 and Monk Support Email, received
September 9, 2018 (three pages)
12. Applicant’s Summary of Neighbor Concerns and Actions Taken and Rebuttal of Neighbor
Objections, received October 20, 2018 (eight pages)
13. Applicant’s Letter to Concerned Neighbor, received November 28, 2018 (one page)
14. Site Photos, received October 20, 2018 (six pages)
15. Development Plans, received December 3, 2108 (16 sheets)
Distribution:
Tony Jeans, T.H.I.S. Design and Development, P.O. Box 1518, Los Gatos, CA 95031
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EXHIBIT 1
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PLANNING COMMISSION – December 12, 2018
REQUIRED FINDINGS FOR:
11 Peralta Avenue
Minor Residential Development Application MR-18-008
Requesting approval for construction of an addition to an existing second story to a
pre-1941 single-family residence on property zoned R-1:8. APN 510-42-073.
PROPERTY OWNER: Wendy Fan Kandasamy
APPLICANT: Tony Jeans
FINDINGS
Required finding for CEQA:
■ The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15301: Existing Facilities.
Required Compliance with the Residential Design Guidelines:
■ The project is in compliance with the Residential Design Guidelines for single-family homes not
in hillside residential areas.
EXHIBIT 2
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EXHIBIT 3
PLANNING COMMISSION
CONDITIONS OF APPROVAL – December 12, 2018
11 Peralta Avenue
Minor Residential Development Application MR-18-008
Requesting approval for construction of an addition to an existing second story to a
pre-1941 single-family residence on property zoned R-1:8. APN 510-42-073.
PROPERTY OWNER: Wendy Fan Kandasamy
APPLICANT: Tony Jeans
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions
of approval and in substantial compliance with the approved plans (received November
27, 2018). Any changes or modifications to the approved plans and/or business
operation shall be approved by the Community Development Director, DRC or the
Planning Commission depending on the scope of the changes.
2. EXPIRATION: The approval will expire two years from the approval date pursuant to
Section 29.20.320 of the Town Code, unless the approval has been vested.
3. STORY POLES: The story poles on the project site shall be removed within 30 days of
approval of the Minor Residential application.
4. DEMOLITION AFFIDAVIT: The Town of Los Gatos Demolition Affidavit shall be reviewed
and signed by all involved parties and submitted to Planning staff prior to issuance of
building permits.
5. HISTORIC: The plans shall incorporate the recommendations made by the Historic
Preservation Committee at the May 23, 2018 meeting.
6. GENERAL: All existing trees shown on the plan and trees required to remain or to be
planted are specific subjects of approval of this plan, and must remain on the site.
7. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be
removed, prior to the issuance of a building or grading permit.
8. TREE PROTECTIVE FENCING: Protective tree fencing shall be installed per Town Code
prior to issuance of building or demolition plans.
9. TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties.
10. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all
recommendations made by Monarch Consulting Arborists, LLC, identified in the
Arborist’s report dated as received July 20, 2018, on file in the Community Development
Department. A Compliance Memorandum shall be prepared by the applicant and
submitted with the building permit application detailing how the recommendations
have or will be addressed. These recommendations must be incorporated in the
building permit plans, and completed prior to issuance of a building permit where
applicable.
a. The Coast Live Oak tree identified as Tree #476 in the arborist report received
July 20, 2018 shall remain and be protected per the arborist’s recommendations.
b. A licensed arborist shall monitor the Coast Live Oak tree identified as Tree #476
during demolition, construction of the new foundation and relocation of utilities.
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11. PRIVACY 1-OBSCURE GLASS: Prior to issuance of a Certificate of Occupancy the two
primary exterior doors on the south elevation shall utilize obscured glass to facilitate
privacy with the neighboring.
12. PRIVACY 2-FENCING: Prior to issuance of a Certificate of Occupancy a new six-foot wood
fence will be built on the southern property line between the existing fence and the
Coast Live Oak, Tree #476 per approved development plans.
13. PRIVACY 3- LANDSCAPING: Prior to issuance of a Certificate of Occupancy screening
shrubs and an evergreen canopy tree shall be planted on the southern property line to
provide privacy between properties, as shown on the approved plans.
a. Six 15-gallon screening shrubs shall be planted (Pittosporum, Podocarpus or
equivalent).
b. One 24-inch box tree medium evergreen canopy tree shall be planted (Bronze
Loquat, Arbutus Marina or equivalent).
c. Eight 15-gallon pittosporum or equivalent shall be planted per approved plans.
14. PRIVACY 4- WINDOWS: Window location and size shall be installed per the approved
plans to address privacy between properties on the south and north elevations.
15. OUTDOOR LIGHTING: Exterior lighting shall be kept to a minimum, and shall be down
directed fixtures that will not reflect or encroach onto adjacent properties. No flood
lights shall be used unless it can be demonstrated that they are needed for safety or
security.
16. HEIGHT: The maximum height of the building addition shall be a maximum of 30 feet.
17. LEGAL NON-CONFORMING ADU: The maximum size of the legal non-conforming
Accessory Dwelling Unit (ADU) located on the below-grade area may not exceed 912
square feet.
18. FRONT YARD LANDSCAPE: Prior to issuance of a Certificate of Occupancy the front yard
must be landscaped.
19. WATER EFFICIENCY LANDSCAPE ORDINANCE: The final landscape plan shall meet the
requirements of the Town of Los Gatos Water Conservation Ordinance or the State
Water Efficient Landscape Ordinance, whichever is more restrictive. Submittal of a
Landscape Documentation Package pursuant to WELO is required prior to issuance of a
building permit. A review fee based on the current fee schedule adopted by the Town
Council is required when working landscape and irrigation plans are submitted for
review. A completed WELO Certificate of Completion is required prior to final
inspection/certificate of occupancy.
20. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires
that any applicant who receives a permit or entitlement from the Town shall defend,
indemnify, and hold harmless the Town and its officials in any action brought by a third
party to overturn, set aside, or void the permit or entitlement. This requirement is a
condition of approval of all such permits and entitlements whether or not expressly set
forth in the approval, and may be secured to the satisfaction of the Town Attorney.
21. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with
the building plans detailing how the Conditions of Approval will be addressed.
EXHIBIT 4
EXHIBIT 5
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PREPARED BY: ERIN WALTERS
Associate Planner
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6874
www.losgatosca.gov
TOWN OF LOS GATOS
HISTORIC PRESERVATION
COMMITTEE REPORT
MEETING DATE: 05/23/2018 ITEM NO: 2
DATE: MAY 16, 2018 TO: HISTORIC PRESERVATION COMMITTEE FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: MINOR RESIDENTIAL DEVELOPMENT APPLICATION: MR-18-008. PROJECT LOCATION: 11 PERALTA AVENUE. PROPERTY OWNER: KATHLEEN WILSON. APPLICANT: TONY JEANS. REQUESTING A RECOMMENDATION ON PROPOSED EXTERIOR ALTERATIONS AND A TWO-STORY ADDITION TO A PRE-1941 SINGLE-FAMILY RESIDENCE ON PROPERTY ZONED R-1:8. APN 510-42-073.
RECOMMENDATION:
Review the proposed project, make the considerations for design review for the proposed
addition to the residence, and forward a recommendation to the deciding body.
BACKGROUND:
A.Property Details
1.Date primary structure was built: c. 1890
2.Town of Los Gatos Preliminary Historic Status Code: None
3.Does property have an LHP Overlay? No
4.Is structure in a historic district? No
5.If yes, is it a contributor? No
6.Findings required? No
7.Considerations required? Yes
B.Comments
The applicant requests approval for external modifications and a new second story
addition to an existing c. 1890 Victorian two-story residence.
EXHIBIT 6
PAGE 2 OF 3 SUBJECT: 11 PERALTA AVENUE MAY 16, 2018
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The proposal includes removal of the second front door at the front elevation, removal
of the filled-in porch and a portion of a single-story portion (482 square feet) at the rear
elevation, and removal of the side balcony and staircase. The side balcony and stair
case and enclosure of the porch appears to be alterations from the original
construction. The applicant proposes window replacement (retaining double hung
style) and the addition of new windows on the side elevations.
The proposal includes a new two-story addition (873 square feet) at the rear of the
house which includes a patio and balcony. The addition will match existing materials
and details of the original house. The applicant proposes to create a lower level of
below grade square footage (932 square feet), with light wells as needed. The
modifications do not increase existing building height.
The proposed modifications are outlined in the applicant letter of justification,
Attachment 1.
Once the Historic Preservation Committee has made a recommendation the project will
be reviewed through the Minor Residential Development Application process. A Minor
Residential Development Application (MR-18-008) is in review for the proposal,
submitted on May 9, 2018. A Minor Residential Development Application is required
because the project proposes a second story addition greater than 100 square feet to an
existing second story. The story poles and public noticing will be required.
The letter of justification, a Bloomfield Survey, existing photos of the site, and proposed
development plans are attached.
DISCUSSION:
A.Considerations
In evaluating applications, the deciding body shall consider the architectural style, design,
arrangement, texture, materials and color, and any other pertinent factors. Applications
shall not be granted unless:
For pre-1941 structures, the proposed work will neither adversely affect the exterior
architectural characteristics or other features of the property which is the subject of the
application.
B.Town Policy
That the work proposed is compatible with the neighborhood.
PAGE 3 OF 3 SUBJECT: 11 PERALTA AVENUE MAY 16, 2018
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Attachments:
1.Letter of Justification (two pages)
2.Bloomfield Survey (five pages)
3.Photos of Existing Residence (five pages)
4.Development Plans (11 pages)
Distribution:
Cc: Kathleen Wilson, 578 University Avenue, Palo Alto, CA 94301
Tony Jeans, P.O. Box 1518, Los Gatos, CA 95031
T .H.l .S . DESIGN & DEVELOPMENT
110 E. Main Street
Los Gatos, CA 95032
Attn: Historic Committee
P.0 .Box 1518, Los Gatos , CA 95031
Te l: 408.3 54.1 863 Fax: 40 8 .354.182 3
May s th, 2018
Re model/ Addition at 1 1 Peralta Ave
RECEIVED
MAY 09 2018
Dear Historic Committee Members:
Project Summary :
TOWN OF LOS GATOS
PLANNING DIVISION
The property has been recently purchased and the new owners are plann ing to renovate the
Victorian at 11 Peralta Ave . It has unfortunately not been maintained very well needing close to
$100,000 in foundation work and a lot of TLC . A series of ill-conceived add itions have turned it
into 3 legal rental units over the years have caused it to deviate somewhat from its true
architectural integrity. We plan to retain it as 3 separate units: an ·owner Unit " on the top
floor , an "ADU " on the main floor and a separate rental in a newly constructed basement , but
with a less obtrusive entry configuration. It will be ADA compliant. We want to remove the
second "front Door" and the "filled in Porch" at the rear and also the small , wider , single story
portion. We then plan to add a new 2-story addition at the rear with a patio/balcony. At the
same time it will be brought up to current UBC in terms of plumbing , electrical and mechanical
systems.
It should be noted that the building at "15 Peralta Ave " encroaches onto this property and this
will need to be resolved at a later date. for now, a separate 6 car detached garage at the rear
of the property will be separated into a 2 and a 3 car garage, avoiding the property line between
the 2 parcels.
Surrounding Neighborhood:
Th is general area is arguably one of the most prestigious in Los Gatos. The homes that have
been built there stem from the Glen Ellen subdivisions at the turn of the century. Each is unique
and many have been carefully restored over the years. 11 Peralta itself is a little over 2 ,000
square ft. A 6-car garage is at the rear of the property, accessed from an Alley . As th is
original subdivision was created with 50ft wide lots, many of the properties on this street are
non-conforming and have reduced side setbacks of 4-5ft. We are requesting that this property
be considered as having 5 ft side setbacks.
Historic Research :
We have already spent a significant amount of t ime using the library and other resources and
have determined that the house is substantially unchanged at the front and side elevations
e x cept for the second "front Door" and the side balcony and staircase wh ich we intend to
remove. At the rear, the porch has been filled in to accommodate the 3 rental units and the
rear windows have been replace with vinyl windows .
&\TrACHMENT I
Goals and Objectives :
Whole House Detailing:
• Replace windows retaining double hung window detailing. Use double glazed units.
• Repaint body in a historic color TBD; repaint all trim.
• Add a second story addition and rear facing patio and balcony as shown .
• A full basement is planned .
Front Elevation :
• El iminate the second front door.
• Retain the historic Railings at the entry porch .
• No other changes
Right Side Elevation :
• Eliminate the enclosure at the front right porch .
• Eliminate the single story portion at the rear.
• Eliminate the rear porch .
• Add basement light wells as needed
Left Side Elevation:
• Add basement lite wells as needed.
• Move second floor balcony, stairs and egress door and replace with window .
• Eliminate the single story portion at the rear.
Rear Elevation:
• This is entirely new and has been designed to match the front.
• Add basement egress with lower level patio.
• Add patio and balcony.
Garage:
• Split 6-car garage into a 2 and a 3 car garage.
Neighborhood Impact :
No neighbors are directly affected by the project in terms of views , light, shadows etc. In
fact, once complete, this project will have only a small impact on the surrounding neighbors, and
no impact on the streetscape.
We believe that this renovation will be a significant benefit to the Town ; allowing this wonderful
home to live for another 100 years.
Please call me at 408-354-1833 if you have any questions.
Yours truly .<Jt!-_._ ~
T .H.I .S. Design & Development
per: A. T . Jeans
11 PERALTA AVENUE -Existing Conditions RECEIVED
MAY 0 9.2018
TOWN OF LOS GATOS
PLANNING DIVISION
fA.TTACllMENT 3
-
- - -J• --~ t :___ _ ... ~ ..--•
f=>rOf:'O&ed Interior remodeling and addltlone
to exlettng two-eto111 reeldence ror the:
WILSON I KANDAOAMY ~EOIDENCE
PARCEL MAP:
""' ecAl..E.>
0 fr IC [ or C 0 U H f '(
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@
11 and 15 Peralta Avenue
Loe Gato&, CA .. 95030
A SSESSO!t --cl . II:" C 0 U H T Y , CA l I f 0 RN I .t.
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SCOPE OF WORK:
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HSIJ INTer<IOR lllAU.6 ON 2 l'L.OOR&
2. IOEHOYE EXl6T!NG 4el."IO 61' 61N<>l.E-6TOIOY ANO IOEA!ll COVERED
f'OlllCH INCUJt>ING FCUNO•TION&
5. COH6TRUCT NBIJ 480.20 MAIN FL..OOFl ADOfT10N AMO Ml.~ 6F
6liCONO FLOOR AOOIT10N
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DRAWING INDEX
COVER &MEET
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PROl"O&l!P LOWl!R Fl.OOR PLAN
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PROP06l!P 1l"f'£R Fl.OOR !"I.AN
PROP06l!P EXTERIOR B.EVATION6 1
PROP06EO ~IOR EL.£YAT10Ne 2
PROPOSED PROJECT DAT A:
Af'f>l<OVEO
EXl6TIN6 P!llOPOSEO ALLOWED
l!U'LDING; AREA <E><i&TIHCi),
UNIT 'I 661.30 6f !,!:».to 6F --
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30•..o•
PROPERTY DAT A:
A&ee&OR'& PARCEL NO. 510 -<42 -013 I &to --42 -O"W
EX16TINa. Ll6E. 6FD WI (2) l.Ea.AL RENT AL UNIT&
PROP06ED U&I!• 6FD Wt ADU AND <I) LEGAL RENT AL UNIT
ZONING Dl&TRICT1 R -he
OCOFANCY GflitOl.F1 R>J\J
FLOOD ZONE• NO
CON&TRUCTION 'f"T'PE• v-1!1
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VICINITY MAP <NO 6CALEJ ~
T .. M .. l .. S Deetgn
DESIGN and DEVELOPMENT
P .O. l!IOX 81& L.c>o "'""'6. CA. "8031
VOICE> ~.-.Je3~
-.thl-='-19'-COfl
A.P.N.
1111 510 -42 -013
•IS SIO -42-014
ZONING: R _ i.e
RECE.lVE P
MAY 09 7.!11[1
TO'NN OF LOS G :ro s
PLANNIN G D\VI 10 N
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COVEl'i? Sl-IEET
fA1TACHMENT 4
• i
~
2018 -1!1 5hsst i
H'::j O!I, 2018 TO .. Of
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6874
www.losgatosca.gov
TOWN OF LOS GATOS
HISTORIC PRESERVATION
COMMITTEE REPORT
MINUTES OF THE HISTORIC PRESERVATION COMMITTEE MEETING
MAY 23, 2018
The Historic Preservation Committee of the Town of Los Gatos conducted a Regular Meeting on
May 23, 2018, at 4:00 p.m.
ROLL CALL
Present: Chair Nancy Derham, Vice Chair Matthew Hudes, Committee Member Robert Cowan,
Committee Member Thomas O’Donnell, Committee Member Leonard Pacheco
Absent: None
MEETING CALLED TO ORDER AT 4:00 P.M.
VERBAL COMMUNICATIONS
None.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1.Approval of Minutes – April 25, 2018
MOTION: Motion by Committee Member Thomas O’Donnell to approve the
consent items. Seconded by Vice Chair Matthew Hudes.
VOTE: Motion passed unanimously.
PUBLIC HEARINGS
2.11 Peralta Avenue
Requesting a recommendation on a proposed exterior alterations and a two-story
addition to a pre-1941 single-family residence on property zoned R-1:8. APN 510-42-
073.
PROPERTY OWNER: Peralta Residences LLC
APPLICANT: Tony Jeans
PROJECT PLANNER: Erin Walters
Erin Walters, Associate Planner, presented the staff report.
Opened the Public Comment.
EXHIBIT 7
PAGE 2 OF 3 MINUTES OF THE HISTORIC PRESERVATION COMMITTEE MEETING OF MAY 23, 2018
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Lee Quintana
- Asked clarifying questions about the project.
Closed the Public Comment.
Committee members discussed the matter.
MOTION: Motion by Committee Member Thomas O’Donnell to recommend
approval with the following conditions: second story rear covered patio is
to have vertical pickets at the southside to match north and west sides;
and existing materials of the front elevation are to remain as referenced
in the existing exterior that were presented as Attachment 3 to the May
23, 2018 staff report. Seconded by Committee Member Robert Cowan.
VOTE: Motion passed 4-1, Vice Chair Matthew Hudes – nay.
OTHER BUSINESS
3. 16 Pennsylvania Avenue
Requesting recommendation on modifications to front yard stone retaining walls on a
pre-1941 property zoned R-1D. APN 510-42-014.
PROPERTY OWNER: Nikan Omidi Langroudi and Farhad Shafai
APPLICANT: Dustin Moore, Strata Landscape Architecture
PROJECT PLANNER: Erin Walters
Erin Walters, Associate Planner, presented the staff report.
The owner presented the proposed project.
Opened the Public Comment.
Lee Quintana
- Stated that the proposal was not consistent with the plans that were approved in
September.
Closed the Public Comment.
Committee members discussed the matter.
PAGE 3 OF 3
MINUTES OF THE HISTORIC PRESERVATION COMMITTEE MEETING OF MAY 23, 2018
MOTION :
VOTE:
ADJOURNMENT
Motion by Committee Member Thomas O'Donnell to deny the proposal
to replace the river rock material at the street and next level up, and
made the following recommendations : the terrazzo caps and threshold of
the first-tier wall may be modified; and the river rock materials at the
second-tier wall should be reused as practicable or replaced in-kind
where necessary. Seconded by Committee Member Leonard Pacheco.
Motion passed unanimously.
The meeting adjourned at 5:37 p.m .
This is to certify that the foregoing is a true
and correct copy of the minutes of the
May 23, 2018 meeting as approved by the
Historic Preservation Committee.
:~} -f
m i nistrative Technician
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