Attachment 12
RESOLUTION 2019-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DENYING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION APPROVING
A REQUEST 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
MINOR RESIDENTIAL DEVELOPMENT APPLICATION: MR-18-008
PROPERTY LOCATION: 11 PERALTA AVENUE
APPELLANT: JOHN C. FOX
APPLICANT: TONY JEANS
PROPERTY OWNER: WENDY FAN KANDAAMY
WHEREAS, on May 23, 2018, the Historic Preservation Committee reviewed the request
for construction of an addition to an existing second story of a pre-1941 single family residence
on property zoned R-1:8, found the project in conformance with the Residential Design
Guidelines, and recommended approval to the Director of Community Development of the Minor
Residential Development application with conditions.
WHEREAS, on August 15, 2018, the Notice of Pending Approval for the application was
mailed to surrounding property owners and occupants as required by the Town Code. The
property owners and occupants had ten days from the Notice of Pending Approval in which to
review the application and to notify the Planning Director in writing of any concerns.
WHEREAS, on September 4, 2018, the Town received written objections from the
neighbor at 9 Peralta Avenue with concerns that could not be resolved with the applicant.
Pursuant to Town Code, the application was scheduled on the next available Planning
Commission agenda for consideration.
WHEREAS, on December 12, 2018, the Planning Commission continued the application
without consideration to January 23, 2019 per the request of the objecting neighbor and the
ATTACHMENT 12
Draft Resolution to
be modified by Town
Council deliberations
and direction.
applicant due to the applicant’s inadvertent inaccurate noticing of the hearing date which was
sent to neighbors and posted at the site.
WHEREAS, on January 23, 2019, the Historic Preservation Committee reviewed window
modifications on the southern elevation proposed by the applicant to address the neighbor’s
privacy concerns. The Historic Preservation Committee recommended approval of the request
with conditions.
WHEREAS, on January 23, 2019, the Planning Commission continued the application to
February 13, 2019 per request of the objecting neighbor and three other members of the public
who were not able to attend the January 23, 2019 hearing date.
WHEREAS, on February 13, 2019, the Planning Commission held a public hearing and
considered a request for construction of an addition to an existing second story of a pre-1941
single-family residence on property zoned R-1:8. The Planning Commission approved the Minor
Residential Development application subject to additional conditions.
WHEREAS, on February 25, 2019, the appellant filed an appeal of the decision of the
Planning Commission approving the request for construction of an addition to an existing second
story of a pre-1941 single-family residence on property zoned R-1:8.
WHEREAS, this matter came before the Town Council for public hearing on April 2, 2019,
and was regularly noticed in conformance with State and Town law.
WHEREAS, the Town Council received testimony and documentary evidence from the
appellant and all interested persons who wished to testify or submit documents. Town Council
considered all testimony and materials submitted, including the record of the Planning
Commission proceedings and the packet of material contained in the Council Agenda Report for
their meeting on April 2, 2019, along with any and all subsequent reports and materials
prepared concerning this application.
WHEREAS, the Town Council finds as follows:
A. The Town Council could not make one or more of the following, in accordance with
Town Code section 29.20.300:
1. Where there was error or abuse of discretion on the part of the Planning
Commission; or
2. New information was submitted to the Council during the appeal process that was
not readily and reasonably available for submission to the Commission; or
3. An issue or policy over which the Commission did not have discretion to modify or
address, but which is vested in the Council for modification or decision.
NOW, THEREFORE, BE IT RESOLVED:
1. The appeal of the decision of the Planning Commission approving a request for
construction of an addition to an existing second story of a pre -1941 single family residence on
property zoned R-1:8 is denied and the application is approved.
2. The Town Council hereby adopts all findings, considerations, and conditions of
approval set forth in the documents attached as Exhibits A and B.
3. The decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los
Gatos. Any application for judicial relief from this decision must be sought within the time limits
and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such
shorter time as required by state and federal Law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 2nd day of April, 2019, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ___________________
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ___________________
S:\COUNCIL REPORTS\2019\04-02-19\Peralta Ave Appeal\Attachment 12 - Draft Resolution to Deny the Appeal and Approve the Project.docx
TOWN COUNCIL – April 2, 2019
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 A
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TOWN COUNCIL – April 2, 2019
CONDITIONS OF APPROVAL
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 January 31,
2019). 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 and at the January 23, 2019 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.
EXHIBIT B
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 privacy trees
along the southern property line shall be a minimum of 12 feet in height, as shown on the
approved plans as follows:
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.
22. GARAGES: Prior to the completion of the project as approved the applicant shall file all
necessary applications to take the three existing garages on the subject property and make
them into garages which otherwise comply with present requirements, and that action on
pursuance of the permit be done forthwith in a responsible time.