Staff Report
PREPARED BY: ERIN WALTERS
Associate Planner
Reviewed by: Town Manager, Town Attorney, Community Development Department Director, and
Planning Manager
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 04/02/2019
ITEM NO: 6
DATE: MARCH 22, 2019
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: MINOR RESIDENTIAL DEVELOPMENT APPLICATION MR-18-008. PROJECT
LOCATION: 11 PERALTA AVENUE. PROPERTY OWNER: WENDY FAN
KANDASAMY, APPLICANT: TONY JEANS.
CONSIDER AN APPEAL OF A PLANNING COMMISSION DECISION
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.
RECOMMENDATION:
Adopt a resolution denying an appeal of a Planning Commission decision approving Minor
Residential Development application MR-18-008 (Attachment 12).
BACKGROUND:
The subject 0.18-acre property is located on the west side of Peralta Avenue (Attachment 1,
Exhibit 1) and is developed with an existing pre-1941 two-story primary residence and two
existing permitted attached Accessory Dwelling Units (ADU).
On May 9, 2018 the applicant submitted a Minor Residential Development application (MR-18-
008) for the construction of an addition to the existing second story that exceeds one hundred
square feet. As discussed in detail in the Discussion section of this report, the application was
processed according to the Town Code, including:
• The Historic Preservation Committee considered the application;
• The Town distributed the required Notice of Pending Approval to surrounding property
owners and tenants; and
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BACKGROUND (continued):
• Upon receipt of an objection to the Pending Approval, the Planning Commission
considered the application and approved it with additional conditions .
The decision of the Planning Commission was appealed on February 25, 2019 (Attachment 9).
Pursuant to Town Code Section 29.20.280, the appeal must be heard within 56 days of the
Planning Commission hearing and in this case, by April 10, 2019. The Council must at least
open the public hearing for the item, but may continue the matter to a date certain if the
Council does not complete its work on the item.
If the Council determines that the appeal should be granted and that the Planning
Commission's decision should be reversed or modified, the Council must make one or more of
the following findings, in accordance with Town Code Section 29.20.300:
1. 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.
This Code section also states that if the only or predominant reason for modifying o r reversing
the decision of the Planning Commission is the availability of new information as defined in
item 2 above, it is the policy of the Town that the application will be returned to the Planning
Commission for review in light of the new information unless the new information has minimal
effect on the application. To support the finding(s), the Council must also identify specific facts
for incorporation into the resolutions (Attachment 13 if remanding to the Planning Commission
or Attachment 14 if granting the appeal).
In addition to the appeal, the applicant is requesting that the Town Council modify one of the
conditions of approval added by the Planning Commission as described later in this report.
DISCUSSION:
A. Project Summary
A Minor Residential Development Application is required for the construction of an addition
to an existing second story of a single-family residence where the additional area will
exceed one hundred square feet. The Minor Residential Development Application (MR-18-
008) includes a 540-square foot addition to the second story of an existing historic, 2,133-
square foot structure with a 108-square foot below grade area. The proposal would also
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DISCUSSION (continued):
include alterations to the main floor and below-grade area for reconfiguration of the
permitted ADUs.
The following existing elements would be removed as a part of the addition to the second
story:
• The two-story side balcony and staircase on the south side elevation;
• A portion of the single-story at the rear; and
• The enclosure of the rear porch which appears to be an alteration to the original
structure.
The existing foundation is damaged and needs to be repaired. The applicant proposes to
move the structure three feet towards the north side of the property in the process of
replacing the foundation.
The second floor of the existing house would be expanded by 540 square feet and a second
floor balcony would be constructed on the rear elevation. The balcony would be set back
twenty feet from the southern property line.
The HPC reviewed the proposed exterior modifications and second story addition to the
pre-1941 building on May 23, 2018. The Committee recommended approval of the
proposal with modification to the plans which included the following (Attachment 1,
Exhibit 7):
• Modify the vertical pickets on the south side of the second story rear covered
patio to match the north and west sides; and
• Retain existing materials of the front elevation as referenced in the existing
exterior elevations that were presented as Exhibit 1, Attachment 3 to the May
23, 2019 HPC coversheet.
The applicant incorporated the modifications into the approved project plans that are
included as Attachment 16.
A Notice of Pending Approval for the application was mailed to surrounding property
owners and tenants on August 15, 2018. Objections to the pending approval were received
from John C. Fox (hereafter referred to as “neighbor”), the owner of 9 Peralta Avenue, on
September 4, 2018, (Attachment 1, Exhibit 10) which included concerns regarding the
number of dwelling units, lack of parking, loss of privacy with the introduction of the second
floor balcony, need for privacy screening, and concerns regarding a future lot line
adjustment.
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DISCUSSION (continued):
The applicant provided a summary of neighbor concerns and actions taken, and a rebuttal
to the objections (Attachment 1, Exhibit 12). The applicant has also submitted a letter
summarizing changes made to the plans addressing privacy concerns (Attachment 1,
Exhibit 5).
Pursuant to Town Code, the application was scheduled on the next available Planning
Commission agenda for consideration. Due to the applicant’s availability, the Planning
Commission hearing date was set for December 12, 2018.
On December 12, 2018, the Planning Commission continued the application without
consideration to January 23, 2019 at the request of the appellant and the applicant due to
the applicant’s inadvertent inaccurate communication of the hearing date to the neighbors
and posted at the site.
On January 23, 2019, the HPC reviewed the window modifications on the southern
elevation proposed by the applicant to address the neighbor’s privacy concerns. The HPC
recommended approval of the request with the following conditions requiring: windows
shall be double hung; and the rear second story trellis may be removed or reduced to three
feet or less (Attachment 6).
The applicant provided a letter addressing the HPC recommendations (Attachment 6,
Exhibit 24). All windows are now proposed to be double hung with the exception of two
bedroom windows located in the below grade area on the north elevation. The rear second
story trellis has also been reduced to a maximum depth of three feet. The development
plans reflect these changes (Attachment 16).
B. Planning Commission
The Planning Commission continued the item again at the request of the applicant and
neighbor from January 23, 2019 to February 13, 2019.
On February 13, 2019, the Planning Commission considered Minor Residential Development
Application MR-18-008. After opening the public hearing and considering testimony from
the neighbor, the applicant, and the public, the Commission approved the application,
subject to additional conditions, with a 6-0 vote.
The verbatim minutes are included as Attachment 7. In its decision, the Commission added
the following conditions, using the Commission’s language:
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DISCUSSION (continued):
• Pursuant to the offer of the applicant, that prior to the completion of the project as
approved, the applicant will 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 the pursuance of the permit
be done forthwith in a reasonable time; and
• The privacy trees would be a minimum of 12 feet in height.
The Conditions of Approval have been revised to include the additional conditions
(Attachment 15).
C. Appeal to the Town Council
On February 25, 2019, the decision of the Planning Commission was appealed to the Town
Council by John C. Fox, the owner of 9 Peralta Avenue (Attachment 9). The applicant
submitted a written response to the appeal, which is included as Attachment 10. The
reasons for the appeal are summarized below, along with staff’s responses in italic font.
1. The Planning Commission erred or abused its discretion because it could have and
should have exercised its discretion to order a reduction in the mass of the proposed
expansion of the 11 Peralta house, especially as to an unnecessary second floor porch,
and could have and should have ordered a row of privacy trees be planted along a 30-
foot portion of an approximately 60-foot fence line between the two properties and
could have and should have exercised its discretion to deny the proposed expansion of
the house mass (by at least 20% and including an expansion from four to six bedrooms)
given the impact on an already untenable lack of parking because of this de facto high-
density apartment complex (proposed to encompass a total of 8 bedrooms and five
tenants.
The Planning Commission heard testimony from the neighbor (now appellant) and other
members of the public, and considered the above items during the February 13, 2019
public hearing (Verbatim Minutes, Attachment 7).
Massing - The Planning Commission made the finding that the proposed project complies
with the Residential Design Guidelines, which includes compatibility with the immediate
neighborhood in terms of massing.
Privacy Screening - The Planning Commission added a condition of approval requiring
that the privacy trees be a minimum of 12-feet in height.
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DISCUSSION (continued):
Parking - The site contains an existing detached six-car garage which crosses the shared
property line of the subject property and the 15 Peralta Avenue property. In other
words, a three-car garage is on the subject property. The garage is accessed via the rear
alley. The three-car garage is an existing non-conforming structure in terms of interior
width and depth of the individual parking stalls.
The subject application for a second story addition does not include modifying the
existing garage. The existing parking meets the total required number of off-street
parking spaces pursuant to Town Code (two spaces). Pursuant to Town Code, single-
family homes require two parking spaces and no parking spaces are required for ADUs
when they are located within one-half mile of a public transit stop.
At the February 13, 2019 Planning Commission meeting, the neighbor and members of
the public provided testimony that they have concerns with parking at the subject site
due to the non-conforming interior size of the existing garage. During the public hearing
the applicant offered to improve the existing garage (Verbatim Minutes, Attachment 7).
The Planning Commission added a condition of approval addressing the garage as a part
of the approval of the application (Attachment 15, Condition of Approval 22).
2. There is new information that was not reasonably available at the time the Planning
Commission decision, which is: Applicant produced a last minute exhibit at the Planning
Commission Hearing not previously submitted which was highly influential on the
Planning Commission’s decision but which was not to scale and misrepresented both
the impact on the sight lines into 9 Peralta Avenue from the proposed second story
porch and also misrepresented the proposed tree protection as though it was a row of
trees stopping vision into the 9 Peralta backyard. The appellant will produce a proper
sightline diagram documenting the true sightlines according to the true facts.
The applicant presented a sightline diagram at the February 13, 2019 Planning
Commission meeting and provided hard copies to the Planning Commissioners and staff
at the meeting (Attachment 8). The hard copies included a scale for the drawing. The
Planning Commissioners added a Condition of Approval requiring that the privacy trees
be a minimum of 12-feet tall (Attachment 15, Condition of Approval 13).
D. Garage - Condition of Approval
On March 4, 2019 the applicant submitted a letter requesting Town Council consider
modifying Condition of Approval 22 (Attachment 15) to allow the existing three-car garage
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DISCUSSION (continued):
to be remodeled to improve the non-conforming interior width of the garage from (nine
feet-eight inches to 11 feet) but to maintain the existing non-conforming interior depth
dimensions of 19 feet-6 inches. The Town Code requires an interior depth of 20 feet
(Attachment 11).
In order for the applicant to meet the required interior garage dimensions, remodeling the
garage would create a technical demolition of the existing garage. The technical demolition
would require the applicant to apply for a Minor Residential Development application for a
new accessory structure over 450 square feet. In addition, in order for the structure to
maintain a setback of less than three feet the applicant would be required to apply for an
Architecture and Site application.
As discussed above, the existing three-car garage located on the subject property is existing
non-conforming in terms of interior width and interior depth.
Individual Parking
Stall/Bay Interior
Dimensions
Existing
Applicant’s Request
Required
Width 9 feet - 8 inches* 11 feet 11 feet
Depth 19 feet - 6 inches* 19 feet - 6 inches 20 feet
*Existing interior dimensions provided by applicant.
The applicant requests that the Town Council modify Condition of Approval 22 to read as
follows:
GARAGES: Prior to the completion of the project as approved, the applicant shall file all
necessary application(s) to improve the existing exterior 30 feet by 20 feet three-car
garage structure on the subject property. The structure may retain its existing overall
exterior depth of 20 feet, but the width should comply with present minimum
requirements by expanding the interior width of each parking bay to at least 11 feet.
The applicant’s proposed condition of approval would not meet the Town Code’s interior
dimension requirements for a new garage. The subject application does not require
modification to the existing non-conforming garages, however, the applicant offered to modify
the garages as a condition of Planning Commission approval.
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PUBLIC COMMENTS:
Written notice of the Town Council hearing was sent to property owners and tenants within
300 feet of the subject property. Public comments received between 11:01 a.m., February 13,
2019 and 11:00 a.m., March 28, 2019 are included in Attachment 17.
CONCLUSION:
For the reasons stated in this report, it is recommended that the Town Council adopt a
resolution denying the appeal and approving the application with the required Findings and
Standards for Review (Attachment 12, Exhibit A), Recommended Conditions of Approval
(Attachment 12, Exhibit B), and Development Plans (Attachment 16). The Conditions as written
do not include the applicant’s request to modify the garage condition.
ALTERNATIVES:
Alternatively, the Town Council could:
1. Adopt a resolution (Attachment 13) to grant the appeal and remand the application
back to the Planning Commission with specific direction, determining that the Planning
Commission's decision should be reversed or modified, and finding one or more of the
following, in accordance with Town Code Section 29.20.300:
a. There was error or abuse of discretion on the part of the Planning Commission;
b. New information was submitted to the Council during the appeal process that was
not readily and reasonably available for submission to the Commission; or
c. 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.
2. Adopt a resolution granting the appeal and denying the application (Attachment 14),
determining that the Planning Commission's decision should be reversed or modified,
and finding one or more of the following, in accordance with Town Code Section
29.20.300:
a. There was error or abuse of discretion on the part of the Planning Commission;
b. New information was submitted to the Council during the appeal process that was
not readily and reasonably available for submission to the Commission; or
c. 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; or
3. Continue the application to a date certain with specific direction.
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Attachments:
1. December 12, 2018 Planning Commission Staff Report, with Exhibits 1 - 15
2. December 12, 2018 Planning Commission Addendum Report, with Exhibit 16
3. December 12, 2018 Planning Commission Desk Item Report, with Exhibit 17
4. January 23, 2019 Planning Commission Staff Report, with Exhibits 18 - 20
5. January 23, 2019 Planning Commission Addendum Report, with Exhibit 21
6. February 13, 2019 Planning Commission Staff Report, with Exhibits 22 - 25
7. February 13, 2019 Planning Commission Verbatim Minutes (76 pages)
8. Applicant’s Handout Provided at the February 13, 2019 Planning Commission Meeting
(seven pages)
9. Appeal of the Planning Commission decision received June 25, 2019 (two pages)
10. Applicant’s Response to Appeal, received March 4, 2019 (three pages)
11. Applicant’s Request for Condition of Approval Modification, received March 4, 2019 (one
page)
12. Draft Resolution to Deny the Appeal and Approve the Project (includes Exhibit A, Findings
and Exhibit B, Conditions of Approval)
13. Draft Resolution to Grant the Appeal and Remand the Project to the Planning Commission
14. Draft Resolution to Grant the Appeal and Deny the Project
15. Conditions of Approval per February 13, 2019, Planning Commission Approval (two pages)
16. Development Plans, received Thursday, January 31, 2019 (16 sheets)
17. Public Comment received by 11:00 a.m., March 28, 2019
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