Attachment 6PREPARED 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: 02/13/2019 ITEM NO: 2
DATE: FEBRUARY 8, 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 December 12, 2018 the Planning Commission continued the application without
consideration to January 9, 2019 per the request of the appellant and the applicant due to the
applicant’s inadvertent inaccurate noticing of the hearing date which was sent to neighbors and
posted at the site.
On January 23, 2019 the Planning Commission continued the application to February 13, 2019
as the appellant and three other members of the public were not able to attend the January 23,
2019 hearing date.
Historic Preservation Committee Review
On January 23, 2019 the Historic Preservation Committee (HPC) 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 the following conditions:
•All windows shall be double hung; and
•The rear second story trellis may be removed or reduced to three feet or less.
ATTACHMENT 6
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REMARKS (continued):
The applicant has provided a letter addressing the HPC recommendations (Exhibit 24). All
windows have been modified to be double hung with the exception of two bedroom windows
located in the below grade area, on the north elevation. The two bedroom windows will be
casement windows with mullion bars to meet egress requirements (Exhibit 25, Sheet A4.1). In
addition, the rear second story trellis has been reduced to a maximum depth of three feet
(Exhibit 25, Sheet A4.1 and A4.2).
The recommended Conditions of Approval have been revised to include the additional HPC
review (Exhibit 23), and the proposed modifications have been incorporated into the revised
Development Plans (Exhibit 25).
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 and staff report for the December 12, 2018 Planning
Commission meeting, staff recommends approval of the Minor Residential Development
application subject to the recommended Revised Conditions of Approval (Exhibit 23). 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 of approval
contained in Exhibit 23 and development plans attached as Exhibit 25.
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CONCLUSION (continued):
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.
PUBLIC COMMENTS:
No public comments have been received as of the writing of this report.
Previously received with the December 12, 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
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N:\DEV\PC REPORTS\2019\PeraltaAve 11-PC-2-13-19.docx 2/8/2019 11:06 AM
Previously received with the January 23, 2019 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)
Previously received with the January 22, 2019 Addendum Report:
21. Public Comments received between 11:01 a.m., Friday, January 18, 2019 and 11:00 a.m.,
Tuesday, January 22, 2019 (three pages)
Received with this Staff Report:
22. Historic Preservation Committee Staff Report, January 23, 2019 (16 pages)
23. Revised Recommended Conditions of Approval (two pages)
24. Applicant’s Letter Addressing HPC Recommendations and Modifications, received Friday
February 1, 2019 (two pages)
25. Revised Development Plans, received Thursday, January 31, 2019 (16 sheets)
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
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: 01/23/2019 ITEM NO: 2
DATE: JANUARY 17, 2019 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: 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:
Review and provide comment to the deciding body on the proposed window modifications.
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
EXHIBIT 22
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BACKGROUND (continued):
B. Comments
On May 9, 2018 the applicant submitted a Minor Residential Development application
(MR-18-008) for the construction of an addition to an existing second story of a pre-
1941 single-family residence.
Historic Preservation Committee Review
On May 23, 2018, the Historic Preservation Committee (HPC) reviewed a Minor
Residential Development application (MR-18-008) for the construction of an addition to
an existing second story of a pre-1941 single-family residence. The Committee
recommended approval of the proposal to the Community Development Director 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 on the May 23, 2018
Historic Preservation Committee coversheet. Action minutes for that meeting are
included as Attachment 5.
Minor Residential Development Application – Objections by Neighbors
Story poles were installed and on August 15, 2018, the Notice of Pending Approval for
the Minor Residential Development application was mailed to the surrounding property
owners and occupants as required by the Town Code. On September 4, 2018, the Town
received written objection from the southern neighbor adjacent to the subject project.
The application was scheduled for the December 12, 2018 Planning Commission public
hearing.
On December 12, 2018, the Planning Commission continued the public hearing to a date
certain of January 23, 2019 per the request of the applicant and appellant due to a
noticing error. The appellant and applicant have requested Planning Commission to
continue to the public hearing to a date certain of February 13, 2019 due to the
appellant’s availability.
On December 11, 2018 a public comment was received by staff regarding proposed
windows (Attachment 6). On January 7, 2019 staff received written correspondence
from the applicant responding to the public comment regarding the proposed window
modifications (Attachment 7). The following provides clarification regarding the
proposed windows:
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BACKGROUND (continued):
• There have been no modifications to the proposed windows at the front, rear
and north elevations since the May 23, 2018 Historic Preservation Committee
(HPC) meeting (Attachment 8). The design reviewed by the HPC included a
combination of both double hung windows and casement windows.
• Following circulation of the “Notice of Pending Approval” for the design
reviewed by the HPC, the applicant worked with the appellant to modify window
size and placement on the southern elevation to address privacy concerns.
• The proposed modifications are incorporated in the Development Plans and
include reducing a triple double hung window to a triple casement window,
eliminating one casement window, and relocating one casement window.
A drafting error omitting double hung widows on the first floor was also
corrected (Attachment 9).
The window modifications on the southern elevation have been referred to the Historic
Preservation Committee for its information and input.
The Historic Preservation Committee may make further recommendations on the
window modifications and the project will continue to be reviewed through the Minor
Residential Development Application process at a Planning Commission Public Hearing.
DISCUSSION:
A. Considerations
Sec. 29.80.290. Standards for review.
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.
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Attachments:
Previously received with May 23, 2018 Staff Report:
1. Letter of Justification (two pages)
2. Bloomfield Survey (five pages)
3. Photos of Existing Residence (five pages)
4. Development Plans (11 pages)
Received with this Staff Report:
5. Historic Preservation Committee Action Minutes, May 23, 2018 (three pages)
6. Public Comment to Planning Commission regarding window modifications, received
December 11, 2018 (four pages)
7. Letter to Planning Commission from Applicant addressing window modifications,
received Monday, January 7, 2019 (two pages)
8. HPC Approved Elevations, received May 9, 2048 (two pages)
9. Revised Elevations showing window modifications, received December 3, 2018 (two
pages)
Distribution:
Cc: 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
TOWN OF LOS GATOS
HISTORIC PRESERVATION
COMMITTEE REPORT
MINUTES OF THE HISTORIC PRESERVATION COMMITTEE MEETING
MAY23,2018
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.
110 E. Main Street Los Gatos, CA 95030 • 408-354-6874
www.losgatosca.gov
PAGE 2 OF3
MINUTES OF THE HISTORIC PRESERVATION COMMITTEE MEETING OF MAY 23, 2018
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.
N:\OEV\HISTORIC PRESERVATION\HPCminutes\2018\5-23·18 Mins.docx
PAGE30F3
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 firsHier 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 mlnutes of the
May 23, 2018 meeting as approved by the
Historic Preservation Committee.
\' () -f
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This Page
Intentionally
Left Blank
From: Lee Quinta• leeandpaul@earthlink.net
Subject: 11 Peralta Plannlng Commission Dec. 12, 2018 Item 4
Date: December 11, 2018«110:27 AM
To: Erin M. Walters ewalters@losgatosoa.gov
To:
From:
The Planning Commission
Lee Quintana
Re:
Date:
Comments on Agenda Item 4 • 11 Peralta A"8nue
Dec. 9,2018
RECEIVED
UEG 11 2018 \Atz. --1e;' ttJtJf5
TOWN OF LOS GATOS
PLANNtNG OlVISION
The proposed project meets or exceeds the Town's requirements for FAR, setbacks, pasti'lg, provides generous private open space In the
fonn af courtyard patio and decks for eett unit, as wel a back yard aiea that e)OC8eds the ~ireme,ms for Its zone. The proposed project
efiminales pa.st altllrations, Timproves the placement cf window, restores and preserves 1M historic character Of the home, maintains the
appearance Of a single family home that Is consistent with and preserves the character of the neighborhood In which it iS located.
The applicant and owner have agreed mow the hOUlile to the Nor1h three feet, modifying the location and height of windows, added new
fencing landscaping &Jong the south property between 9 Peralta and 11 Peralta to aooommodated most of the concerns of neighbor...
I tiupport this project but ask the Commi881on to consider Incorporating the following changes to windows and decks:
Victorian Architecture: Common characteristics Of windows found in victorian architecture are:
• Height of windowa may vary both from house to house and within a single house
• The vast majority of the windows are double hung windows
• Them a few Casement wi'tdows, generally reserved for windows less than two feet high.
• Windows tend to be stac:ked above each olh8r from floor to floor.
The window elevations shown proposed in Exhibit 15 sheets A4.1 and A4.2 ara different from those seen by the Historic Preservation
Commi!lee.The heigh of windows on the north end south sides have been shortened and changed IO casement window. The numbet' of
casement windows is not comMstant wfth victorian architecture.
Propoled modification: Change all casement windows shown on Sheets 4.1 and 4.5 of E:xhiblt 15 to double hung wil"ldows. This modification
would:
• Maintains changes in window placement and &ize wodted out b81W88n the neighbor at 9 Peralta to addrass privacy issues,
• Be consistent with the characteristics of windows in vk:tonan ardlitecklre
• Be more consistent with the plans reviewed by the Historic P~on Corrmittee.
• Be Cl0nsist.8nt with other windows found ill olher viclorians In the neighborhood.
• See Attachment comparing elevations of existing windows, proposed windows presented to th& HPC and the windows as currently
proposed in Exhibit 15, Sheets 4.1 and 4.2
DtH;/aJand PtltiOS:
The «d(ition of decks to the rear elevation add visual mass.
Proposed modification.
• Reduce the depth of the second stol'y deck, eliminate the trellis and eictend the root cowring this deck.
• Reduce the depth of the root of the main ffoor
• See Attadlment
Thank you for yourconsiderallon.
Attachment 1 / ~ l-j
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• Existing windo\NS: 29 windows: 26 double hung (90%} 3 casement (10%)
• Plans presented 1D HPC: 30 windows: 'O dol*"8 hung (90%) 3 casement (t0%}
• Final Plans Ex. 15 A4.1 & A4.2: 37 windows 22double hung (60%) 15 casement (40%)
• If change casement to double hung: 37 windows 37 double hung (100%)
Attachments 1-4: window elevalions as they cuminUy exist, as presented to the Historic Preservation Committee, and as currently proposed.
Attachment S: One possible all8malive to rear eleYation (decks and courtyard)
T.H.I.S. DESIGN & DEVELOPMENT
110 E. Main Street
Los Gatos, CA 9503 2
Attn: Planning Commission
P.O.Box 1518, Los Gatos, CA 95031
Tel: 408.354.1863 Fax: 408.354.1823
January rn, 2019
Remodel/ Addition ot 11 Perolta Ave
RECEIVED
Mr-7-le:,-o~e,
JAN O 7 2019
Comments on Neighbor Letter -Lee Quintano
TOWN OF LOS GATOS
Dear Commissioners: PLANNING DIVISION
As I mentioned in an earlier letter [Nov 15th] a few relatively minor changes were made
to the plans [primarily on the Elevations shown on Sheets 4.1 and 4.2] subsequent to
the Historic Committee Review. Lee Quintana has identified some of these in her Dec
11th submission -specifically in relation to windows. I am not going to comment on the
"count" of windows in Lee's letter, but rather will clarify the changes made: ·
1. There were no changes to the front, right and rear elevations in terms of
windows and doors. [Count or otherwise]. A mix of casements and double hung
widows are evident.
2. The left side was modified during discussions with the neighbors to the left
[Foxes] and the resulting window sizes/placement agreed with them. With those
changes a triple double hung window was modified and reduced to a casement
triple, a drafting error corrected, one casement window eliminated and another
was moved a few feet. An agreement was also made to put privacy [etched]
glass on the doors on that side. ·
As I understand the comments from Lee's letter, it suggests that making all the
casement windows double hung might be more appropriate for a Victorian. This was
discussed very briefly at the HPC meeting where I pointed out that I did not like
mixing short/squat double hung windows with the taller/elegant ones elsewhere on the
building and pref erred to have the short windows as casements so that the individual
glass panes remained consistent in width/height aspect. Additionally ventilation is
substantially reduced with short double hung windows.
As it happens, the owner and I were able to meet with Lee after the last (non)hearing
on December 12th and we had a very productive discussion. As a result. if the
commission so wishes, both the owner and Lee would both be happy to compromise on
modifying the short casement windows by adding a central horizontal mullion bar to
give the appearance of double hung windows. This would apply to all the casement
windows on both sides of the building-there are none at the front or rear. Examples
of the proposed change are shown on the following page. There are members of the
HPC in the Planning Commission who might want to comment on this proposed
modification, but from a functional and energy standpoint the change has no impact.
Al1J\C\-\W\EN1 7
The second item in Lee's submission addresses a possible reduction of the second story
balcony or the elimination of the trellis over it. The HPC hos previously reviewed this
submission and made no comment on the rear patio/balcony other than requesting a
railing change, which we subsequently incorporated into the plans. The owner also does
not wish to reduce the size of this balcony, as it is the only location in their home from
which they can see the Los Gatos foothills as the rest of their view is completely
blocked by the Foxes' house at 9 Peralta, which is the largest house on the street.
As to the trellis, I personally like it. It satisfies the need to reduce late afternoon sun
as a passive solar measure and casts no shadows on neighboring homes. Please note
that this trellis is 20 ft from the immediate neighbors, but if the commission feels
that this change would substantially reduce the bulk and mass of the addition, then the
owner would find this acceptable also.
Yours truly
T.H.I.S. Design & Development
per: A. T. Jeans
WINDOW OPTIONS:
Prima ry Windows
2666 Double Hung
Seconda ry Windows O ptions
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t ·r
Used as single/
double/triple
2640 Casement
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As shown in Plans
-not "Victorian" ?
2640 Double Hung
Short Double-Hung
-poor ventilation
2640 Casement
With Mullion Bar
Compromise
-acceptable
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BY
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P.O. BOX 1518 ·!,oo Gato<, CA. 960!1
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RECEIVED
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TOWN OF LOS GATOS
PLANNING DIVISION
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APPROVED
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MAY O 9 2018
TOWN OF LOS GATOS
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K.ATI-ILEEN WILSON and
WENDY KANDASAMY
II and 15 F'eiralui Averue
Loe C:satoe. CA 90030
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TOWN OF LOS GATOS
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WENDY KANDASAMY
II F'sralt.a Avsnus
L<:>a Ciat<:>a, CA 95030
A.P.N. SIO -42 -O'n
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HaY' O'll, 2018
PLANNING COMMISSION
CONDITIONS OF APPROVAL – February 13, 2019 - Revised
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 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 23
N:\DEV\CONDITIONS\2019\PeraltaAve11- revised COA 2-13-19.docx
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 24
EXHIBIT 25