Attachment 3PREPARED 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 DESK ITEM
DATE: DECEMBER 12, 2018 TO: PLANNING COMMISSION FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: MINOR RESIDENTIAL DEVELOPMENT APPLICATION MR-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.
REMARKS:
Exhibit 17 includes additional public comments received between 11:01 a.m., Tuesday,
December 11, 2018 and 11:00 a.m., Wednesday, December 12, 2018.
EXHIBITS:
Previously received with December 5, 2018 Staff Report:
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)
ATTACHMENT 3
PAGE 2 OF 2 SUBJECT: 11 PERALTA AVENUE/M-18-008 DECEMBER 12, 2018
N:\DEV\PC REPORTS\2018\PeraltaAve 11 - 12-12-18 - PC DESK.docx 12/12/2018 11:36 AM
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)
Previously received with the December 11, 2018 Addendum Report:
16. Public Comments received between 11:01 a.m., Friday, December 7, 2018 and 11:00 a.m.,
Tuesday, December 11, 2018
Received with this Desk Item Report:
17. Public Comments received between 11:01 a.m., Tuesday, December 11, 2018 and 11:00
a.m., Wednesday, December 12, 2018
-----Original Message-----
From: Michelle Coffman <m jcoffman @g mail.com>
Sent: Wednesday, December 12, 2018 9:01 AM
To: Planning <Planning@losgatosca.gov>
Subject: 11 Peralta Ave
Planning Department
As a nearby neighbor, my response to this project is mainly emotional.
Our community has experience multiple major projects in the last 5 years.
When I saw the story poles go up, I wanted to cry.
Our homes are a sanctuary from this crazy Silicon valley.
The construction noise is now Monday-Friday 8-5 and most Saturdays.
As I watch the current projects getting close to completion, I was hopeful for a break.
RECEIVED
DEC l l 2018
\..1(2 -ie,·~
TOWN OF LOS GATOS
PLANNING DIVISION
The scale and the scope of this project is massive. The traffic and noise will be noticed.
It will impact many people's lives for several years.
Please take this into consideration as you move forward.
Thank you,
Michelle Coffman
Occupant
62 Pennsylvania
PS. Please save the tree!
EXHIBIT 17
This Page
Intentionally
Left Blank
RECEIVED
Decernber12,2018
John and Donna Fox
. DEG ll 2018 +..1rz..-1e~~
TO\NN OF LOS GATOS
PLANNING DIVISION
Resident at 9 Peralta Avenue, Los Gatos
PUBLIC COMMENTS TO THE LOS GATOS PLANNING COM MISSION
My wife Donna and I have four major concerns with the 11 Peralta proposed
renovation and expansion, Including two issues (privacy protection; unnecessary and
inappropriate mass) that are parochial to our property at 9 Peralta Avenue (the Queen
Anne Victorian down the hill (south) and adjacent to the 11 Peralta projed) and two
issues that are widely shared throughout the neighborhood (inadequate on-site
parking; protection of the mature oak tree on the border of 9 and 11 Peralta at the
junction with the Peralta Avenue sidewalk).
1) PRIVACY PROTECTION: We have asked the new owners of 11 Peralta to
install 15 Italian Cypress trees on two-foot centers on that 30-foot portion of
our joint property (where there is a fence-line in the middle of the properties)
where the new owners will be extending the back of the 11 Peralta Victorian
about another 1 /3rtJ the length of the existing house to accommodate a larger
living space (4 bedrooms growing to 6) AND a second-floor balcony. Donna
and I had asked that the trees be 20 feet high on the advice of our
Landscaper to block the neighbors' view into our back yard hot tub 1 BBQ
area, recreation area and kitchen/breakfast nook, but would still allow the
neighbors views of the hills to our south and while also obscuring our view of
this massive edifice proposed to rise three stories above us. The proposed
balcony would look directly d~wn into our backyard immediately beneath it
from a towering three stories above us. Our backyard looks like a pit from
both their and our perspectives, since our backyard is effectively 3 floors
below the balcony and fits In what looks like a box canyon.
The new neighbors have declined our request and have instead offered a few
scattered open limb trees topping out at only 12 feet in height (does not even
reach the balcony to block any views into our back yard nor block our view of
the mass of house above us).
PLEASE SEE ATTACHED POWER POINT PICTURES.
Our house sits down the hill from 11 Peralta such that our first floor looks into
a hillside and sits about the height of their proposed basement, the first floor
of 11 Peralta is thus at about the same height as the second floor of our
house at 9 Peralta. The 11 Peralta second floor is at the height of our roof
and continues above our ridgeline.
1
:The FOXES' REQUEST RE CONCERN #1: We ask The Planning
Commission to not approve the 11 Peralta project unless the new owners
install 15 Italian Cypress trees 20 feet high on two-foot centers across the
fence line in what is about the middle of the joint property line below the
proposed balcony (basically the 30-foot fence-line shown in the PowerPoint
pictures at the top of our rock wall).
2) EXCESSIVE AND UNNECESSARY MASS: This "mass issue" goes away for
the Foxes ifwe can get the privacy tree-screen (since we would not care how
much mass is back there if we cannot see it and the new neighbors cannot
use the balcony as a viewing stand to watch our every move in the backyard).
The mass issue is two-fold:
(a) An edifice rising almost 4 stories above us (30 feet to top of the 11 Peralta
roof + 7 feet from their grade to the grass in our backyard} is simply too
much structure and mass for this site.
(b) Moreover, this huge edifice proposed to rise above us is an entirely
unnecessary structure because most of the mass comes from the balcony
which is not usable living space (or is at least not supposed to be). This
balcony is also further unnecessary since there is a large and beautiful flat
back yard at 11 Peralta and several patio areas (plural) are already
available to the owner who intends to inhabit the second floor. The
Applicant is proposing a third or fourth patio, as a result. .. this one two
stories up.
(c) The FOXES' REQUEST RE CONCERN #2: We ask The Planning
Commission to not approve the 11 Peralta project unless the new owners
plant 15 Italian Cypress trees, as noted above, or if that request fails, we
ask that The Commission deny the Applicant the right to build out the
proposed second floor balcony because it is simply too massive for this
particular site and is also unnecessary to living space to boot and is an
unnecessary additional patio.
3) INADEQUATE ON-SITE PARKING AT 11 AND 15 PERALTA: THERE IS
NO PROVISION IN THE 11 PERALTA PLAN TO ACCOMMODATE ANY
LA\/VFUL ON-SITE PARKING DESPITE INCREASING THE POTENTIAL
FOR THE NUMBER OF TENANT CARS FROM 12 TO 16 WITH THE
ADDITION OF TWO NEW BEDROOMS IN THE VICTORIAN MAKING EACH
OF THREE FLOORS A TWO-BEDROOM SUITE (from 4 existing bedrooms
to 6 + two bedrooms in the adjoining Cottage=B total bedrooms).
2
-The build out and expansion of 11 Peralta is integrally related to the need for
usable and lawful on-site parking since the build-out is exacerbating an
existing out of Code condition daily swamping Peralta with too many cars
-1 understand Town Code requires four (4) lawful on-site parking spots at 11
Peralta
-None of the six onsite garages meets Code. The garages are many decades
old (prior owners have told me more than 50 years old) and are only between
approximately 9 feet 7 inches (some are 9 feet 8 inches) wide at the interior
and are on average 6 inches short of the required 20-foot depth.
-ONLY ONE TENANT in the 22 years we have been neighbors out of the over
5 dozen tenants who have coursed through 11/15 Peralta over the decades
has ever been able to successfully use these garages. Five problems:
-garages not wide enough to open car door and enter/exit
-dozens of tenants tried and gave up within a day or two with
banged car doors and belts and purses which got snagged in the
crush with the door along with banged hips and cheeks trying to
asqueeze in";
-The swing from the one lane alley into the two garages on the two ends
is too difficult
-The length of the average modern car calls for a two or three-point tum
to back out into the alley, depending on make/model of car. driving skills
and garage location
-Some modem cars are too long for the garage and do not allow the
garage door to properly close
-The numerous trash cans supporting 11/15 Peralta block almost three
full garages on garbage day and the night before when they are set out,
even before the population density increases another 33% at 11 Peralta if
the proposal is approved.
THE RESULT: 11 /15 Peralta tenant parking has been a running gun battle for the
entire 22 years Donna and I have lived at 9 Peralta.
-Many nights, I cannot park in front of my own house with almost a
100-foot fence-line on Peralta Avenue (we are on a 113rd of an acre
and the lot is shaped like a pizza-slice, narrowing to the rear).
3
-There have been at least two neighborhood uprisings since Donna
and I have been at 9 Peralta in which neighbors asked us to join
them to beseech the ever-new owners of 11/15 Peralta to corral
their tenant cars which otherwise occupy 4-5 houses worth of street
parking on Peralta
-Cars are about 18-20 feet long.
-11 /15 Peralta has 70 feet of fence-line on Peralta= about 3 cars
worth of capacity on Peralta with limited space between bumpers
(always tight: many scrapes over the decades: I have seen at least
six dented fenders/bumpers and have heard of an additional equal
number from tenants).
-11/15 tenant car usage, even before the proposed 1 /3 expansion
of population density at 11 Peralta, has ranged from 7 cars at the
low end to 11 at the high end. Moreover, the double-tenant per
room phenomenon was increasing in recent years as rental costs
escalated and two-roommate tenants began to appear with much
greater frequency with a concomitant two car boyfriend/girlfriend
team (and some had three cars). And 1 of course, post-renovation,
rents will increase even more auguring more two room-mate
combinations even apart from the two added bedrooms.
-Wrth a potential for 8 bedrooms x 2 cars each, we could see 16
cars and will probably soon, in fact, average 10-12 tenant cars
based on past tenant history.
-I would like to be able to park in front of my own house (surely not
a crazy dream with a 100-foot landing pad) but for the overflow
from 11 /15 Peralta.
-I would also like to not have to worry that I am cramming my
vehicle in reverse up a hill at night (with no street lights) into
a space JUST large enough to allow me to fit, with excellent
parking skills.
-Heaven help the young driver (you never know what
to wish for: they find a parking spot or they don't)
-Even the Applicant acknowledges the parking on our street
as a result of 11/15 is "insanen.
-Based on 22 years of history, it is simply ludicrous to
believe that tenants will now suddenly park in the existing
non-conforming garages. Dozens of tenants have been
4
ordered to do so by their various landlords over the years.
Dozens have tried in good faith but just could not make it
work over time. 22 years of history does not lie. The
neighborhood needs as much on-site parking at 11 Peralta
as the Code will permit (and more if the Applicant were
prudent given the known problem she is proposing to sorely
exacerbate).
The FOXES' REQUEST RE CONCERN #3: We ask The Planning
Commission to not approve the 11 Peralta project unless the new owners
build now, as part of the build-out and expansion of 11 Peralta, at least four (if
not five) usable garages built at least to Town Code.
4) PROTECT THE MATURE OAK TREE AT THE PROPERTY LINE
BElWEEN 9 AND 11 PERAL TA NEAR THE FRONT SIDEWALK TO
PERAL TA AVENUE: While the Applicant has withdrawn her first suggestion
to cut the tree down {we believe it is our tree at any rate) to make way for
solar panets on the south side of her roof on 11 Peralta (visible to Peralta
Avenue, Pennsylvania Avenue, the facing hillside homes and numerous Fair
View Plaza homes), we share the concern of many neighbors that harm could
nonetheless come to this tree as a casualty of the proposed construction ..
The FOXES' REQUEST RE CONCERN #4: Donna and I ask The Planning
Commission to not approve the 11 Peralta project unless:
-the new owners take out a $10,000 bond to replace the tree with another
mature oak of like-type in the same location should harm befall the existing
oak during construction or during the two years thereafter; and
-The Commission direct the Applicant to direct her General Contractor, in
writing, to take special pains not to injure the tree and also to immediately
stop work and call The Los Gatos Town Arborist upon the first sign of any
interference between his work and the root system of the tree; and
-Request the Los Gatos Town Arborist to inspect the tree weekly during
the most sensitive period of construction excavations near the tree as the GC
physically moves the house at 11 Peralta and thereafter digs a basement for
the house at 11 Peralta.
Respectfully submitted,
5
This Page
Intentionally
Left Blank
1
2
DECEMBER 12, 2018
PRESENTATION OF JOHN C. FOX
To The Los Gatos Planning Commission
RECEIVED
DEC }t. 2018 ttJ2-1e-~~
TOWN OF LOS GATOS
PLANNING DIVISION
Pictures of the Back Yard of 9 Peralta Avenue,
Los Gatos (looking North to I I Peralta)
•
12/12/2018
1
12/12/2018
~ .. "
2
12/12/2018
5
6
3
12/12/2018
7
4