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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 This Page Intentionally Left Blank 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 "This electronic mail (including any attachments) may contain information that is privileged, confidential, and/or otherwise protected from disclosure to anyone other than its intended recipient(s). Any dissemination or use of this electronic email or its contents (including any attachments) by persons other than the intended recipient(s) is strictly prohibited. If you have received this message in error, please notify us immediately by reply email so that we may correct our internal records. Please then delete the original message (including any attachments) in its entirety. Thank you. " 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 This e-mail is intended only for the use of the individual(s) named in this e-mail. If you receive this e-mail and are not a named recipient, any use, dissemination, distribution or copying of the e-mail is strictly prohibited. If you have received this communication in error, please immediately notify us at the above e-mail address. � Think Green, please consider the environment before printing this e-mail. This Page Intentionally Left Blank 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 This Page Intentionally Left Blank