Attachment 4PREPARED 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: 01/23/2019 ITEM NO: 2
DATE: JANUARY 18, 2019 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:
On January 2, 2019 the appellant submitted a request to continue the Planning Commission
public hearing from the January 23, 2019 to the February 13, 2019 meeting, as he and three
other members of the public are not able to attend the January 23, 2019 hearing date (Exhibit
19).
On January 7, 2019 the applicant submitted am email (Page 1 of 3, Exhibit 20) agreeing to
continue the Planning Commission public hearing to February 13, 2019.
Based on the information submitted by the appellant and applicant staff requests that the item
be continued to the February 13, 2019 meeting.
PUBLIC COMMENTS:
Other than the request by the appellant to continue the item, no public comments have been
received as of the writing of this report.
ATTACHMENT 4
PAGE 2 OF 2 SUBJECT: 11 PERALTA AVENUE/MR-18-008 JANUARY 18, 2019
N:\DEV\PC REPORTS\2019\2019 - Scanned PC Rpts & Exhibits\1-23-19\Prior Versions\Item 2\Item 2 - Staff Report.docx
Previously received with the 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)
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, 2018 (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
Previously received with the December 12, 2018 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
Received with this Staff Report:
18. Applicant’s Correspondence, received at the Wednesday, December 12, 2018 Planning
Commission Meeting (one page)
19. Appellant’s request to continue, received Wednesday, January 2, 2019 (three pages)
20. Applicant’s agreement to continue, received Monday, January 7, 2019 (three pages)
Distribution:
Tony Jeans, T.H.I.S. Design and Development, P.O. Box 1518, Los Gatos, CA 95031
Kathleen Wilson, P.O. Box 1518, Los Gatos, CA 95031
Wendy Kandasamy, 233 Valley Street, Los Altos, CA 94022
John and Donna Fox, 9 Peralta Avenue, Los Gatos, CA 95030
T.H.I.S. DESIGN & DEVELOPMENT
Town of Los Gatos
110 E Main St
Los Gatos CA 95030
Attn: Planning Commission
December12�,2018
P.O.Box 1518, Los Gatos, CA 95031
Tel: 408.354.1863 Fax: 408.354.1823
RECEIVED
lA rz.,-l�� t?t?� DEC 1 2 2 °'18
TOWN OF LOS GATOS
PLANNING DIVISION
11 Peralta [Agenda Item 41
Dear Commissioners
As you are aware, I made an error concerning the date of the hearing. My assistant
could not read my poor handwriting and prepared [and sent] letters to 66 nearby
residents concerning this project with "Dec 22" in lieu of the correct date of "Dec 12".
We corrected this the following day and sent a new letter to all 66 residents with the
correct date highlighted in RED.
We made an identical mistake with the NOTICE SIGN at the property and again
corrected it within 2 days. Unfortunately the sign had the date in 2 locations.
The date at the top correctly stated Dec 12 th
The body was not corrected and still referred to Dec 22"d until 2 days ago.
I suspect that this NOTICE might have confused some people.
Accordingly, if the Commission and Legal Council feel that the public was not
sufficiently informed as to this hearing, I would accept a postponement of the hearing
to Jan 9th.
I would like to apologize to those who have taken time to attend this hearing tonight
and hope that all will b able to attend on Jan 9th if the hearing is postponed.
Yours truly
Tony Jeans
Cc Erin Walters, Planning
EXHIBIT 18
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Erin M. Walters
From:
Sent:
To:
Cc:
Subjed:
John Fox <JFox@foxwangmorgan.com>
Monday, December 31, 2018 12:44 PM
Erin M. Walters
RECEIVED 1-"F!.-{0 -�
JAN 0·2 2019
Donna Fox
RE: 11 Peralta Avenue -Planning Commission January 23 2019 TOWN OF LOS GATOS' PLANNING DIVISION
Erin: This is a request The Los Gatos Planning Commission continue the Hearing currently scheduled
for January 23, 2019 (and referenced in your below Friday December 21, 2018 e-mail) as to the 11
Peralta proposal to the next meeting date thereafter of The Planning Commission ... which I believe to
be Wednesday February 13, 2019 as I read and interpret The Los Gatos Planning Commission's
Website.
I am not available to attend the January 23, 2019 Planning Commission Hearing as I will be out of
country on business. Also, two other persons, at least, who like myself, presented ourselves at the
December 12, 2018 originally scheduled Hearing and were in Chambers that night, are also unable to
attend the January 23 Hearing. At the December 12, 2018 Hearing, Tony Jeans requested the
removal of his application for the 11 Peralta proposal from the December 12, 2018 calendar, and The
Planning Commission granted that request, because Mr. Jeans had repeatedly published both
erroneous and inconsistent dates to 65 neighbors and to the general public concerning the ·date of the
December 12, 2018 Planning Commission Hearing.
I have requested the homeowners of 11 Peralta to join this request. Mr. Jeans has, however,
responded on behalf of the owners to deny my request to them. Accordingly·, the ·11 Peralta
homeowners do not agree with my request to move the Hearing date to the first meeting date in
February.
Mr. Jeans and the Applicant should not now, however, profit from Mr. Jean's repeated misdeeds. This
request is not made for the purpose of delay. Indeed, I and the three other opponents to the
application who cannot now attend the January 23 Hearing date were in attendance at the December
12, 20198 meeting and were prepared to speak if we had to do so (although it did seem prudent to
delay the Hearing since I had actual evidence of date confusion by at least one neighbor which I had
shared with The Planning Commission before the December 12, 2018 Hearing ... and have
subsequently learned of one other neighbor who was also confused by the proper date of the
December 12 Hearing. Moving the date back was the correct decision for the Community and The
Planning Commission and the Applicant; moving the Hearing to which date, however, is now the
problem for three opponents to the 11 Peralta proposal through no fault of their own. NOTE: Most
business people calendar two months in advance in these hectic days.
PROCEDURAL ISSUE CLARIFICATION: The Vice-Chair of The Planning Commission opened the
record at the December 12, 2018 Hearing solely for the purpose of hearing from Mr. Jeans as to his
druthers to go forward or to delay to the next Planning Commission Hearing Date of January·9, 2019.
The Vice Chair then promptly closed the record, but was then good enough to respond to my arm
waiving from the Gallery and request to be heard by momentarily reopening the record for me to
respond, at his instruction, to only the January 9 Hearing date suggestion Mr. Jeans had put forward.
I opposed the January 9 date on the record because I was and remain scheduled to be out of town on
that date on business on the East Coast. The Vice Chair then closed the record and the Planning
Commission debated how to proceed and moved and set the date to January 25, 2019. Two
EXHIBIT 19
members of the audience then offered objection, off-the-record from the Gallery, because they were
scheduled to be out of town, and one took the podium to explain her personal travel schedule, all
while off the record. A second member of the audience within my earshotalso voiced objection, but I
was not sure any Planning Commission Member could hear her voice. I did not speak up at that time,
even though I knew I could not attend the January 23 meeting, since the Planning Commission was
off-the record and not entertaining further comment from the public. I then called you the next day to
inquire as to how I might proceed given these unfortunate turns of events.
If there is another way I should proceed to make this request to The Planning Commission other than
via this e-mail, I would appreciate your guidance. Thanking you in advance .... John C. Fox
John C. Fox
Fox, Wang & Morgan P.C.
315 University Avenue
Los Gatos, CA 95030
Direct: ( 408) 844-2360
Cell: (650) 400-2121
Fax: (408) 844-2351
jfox@foxwangmorgan.com
FOX.WANG I MOR.CAN P.C.
www.foxwangmorgan.com
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From: Erin M. Walters <EWalters@losgatosca.gov>
Sent: Friday, December 21, 2018 12:31 PM
To: John Fox <JFox@foxwangmorgan.com>; Donna Fox <DFox@foxwangmorgan.com>
Subject: 11 Peralta Avenue -Planning Commission January 23, 2019
Good Afternoon,
The Planning Commission Public Hearing for 11 Peralta Avenue will be held Wednesday January 23, 2019 at 7:00 p.m ..
Included in Staff Report
Public comments submitted before 11 a.m. on January 18th will be included in the January 23, 2019 staff report.
The project staff report will be available on the Town's website after 5 p.m. on Friday January 18, 2019.
Included in Addendum
Public comments submitted between Friday January 18th after 11 a.m. and before 11 a.m. on Tuesday January 22nd will
be included in the Addendum to Planning Commission.
Included as a Desk Item
Public comments submitted after 11am on Tuesday January 22nd and before 11am on Wednesday January 23rd will be
included in a Desk Item for Planning Commission.
Happy Holidays,
Erin Walters • Associate Planner
Community Development Department• 110 E. Main Street, Los Gatos CA 95030
Ph: 408.354.6867 • 408-354-6872
www.losgatosca.gov • ewalters@losgatosca.gov
Erin's Office Hours: 9:00 AM -1:00 PM, Monday -Friday
Please note the upcoming Town closure: December 24, 2018 -January 1, 2019 -Town Closure
Community Development Counter Hours: 8:00 AM -1:00 PM, Monday -Friday
TOWN OF LOS GATOS A p A 2040
General Plan update, learn more at www.losgatos2040.com
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Erin M. Walters
From:
Sent:
To:
Cc:
Subject:
Attachments:
Erin:
Tony Jeans <tony@thisdesign.com>
Monday, January 07, 2019 1:33 PM
Erin M. Walters
wendyk@pacunion.com; kwilson@apr.com; Sally Zarnowitz
Re: 11 Peralta Avenue -Planning Commission January 23, 2019
Letter of Response -Lee Quintana.pdf
RECEIVED k�-l� CJtP€!:; JAN O 7 2019
TOWN OF LOS GATOS PLANNING DIVISION
Please provide this to the Planning Commission so that they can be informed as to our position as to John Fox's
request for a continuance.
I have discussed with the owners the request by John Fox [appellant] to further postpone the Planning Commission
hearing currently set for January 23rd and to listen to the matter on the subsequent Planning Commission meeting of
February 13th. It was not the intention of the commissioners when they continued the hearing on December 12th to 'a
date certain' to further delay it, nor is it the owners' desire to see this drag on. They wish to proceed expeditiously to a
hearing, listen to the appellant's concerns, see how they can be/have been addressed and request the commission make
a determination based on facts of the matter.
As the Planning Commission hearing has been structured as an appeal -with the appellant first presenting their case and
the applicant responding, I do not see how this hearing can proceed without the appellant. John Fox has prepared a
power-point presentation in support of his argument and would appear to prefer to present it himself rather than have
Donna do so. He stated on December 12th that he would be out of town on January 9th. Now that he has subsequently
informed us that he will also be unavailable on January 23rd, we see no other option for the Planning Commission but to
accede to his request for a postponement. The owners do not want to open an argument for appeal to the Town
Council that he was unable to present his case to the Commission, nor do we want to put the Commission in such a
position that they feel compelled to make an awkward decision on the matter.
As the applicant, we will agree to a postponement of the hearing to John Fox's requested date of February 13th and
would specifically ask staff and the Planning Commission to use their best efforts to ensure that time will be available on
the calendar to hear the appeal at that time.
In the mean time, we read Lee Quintana's submission on December 12th. The owner and I discussed it with her
personally at some length after the hearing was continued. It contains valuable points worth considering and I am
attaching a letter in response. See below.
As this hearing was continued to 'a date certain' on January 23rd, I will attend the meeting, but fully expect the
commission to continue the hearing on this item.
Thank you
Tony Jeans
EXHIBIT 20
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