Staff Report with Exibits 1-9.17200 Los Robles Way - Appeal
PREPARED BY: Ryan Safty
Associate Planner
Reviewed by: Planning Manager, Community Development Director, and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 10/25/2023
ITEM NO: 2
DATE: October 20, 2023
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider an Appeal of a Development Review Committee Decision to
Approve a Lot Line Adjustment Application in Accordance with California
Government Code Section 66412(d) for Three Adjoining Lots on Property
Zoned R-1:20. Located at 17200 Los Robles Way. APNs 532-36-075, -076,
and -077. Lot Line Adjustment Application M-23-001. Statutorily Exempt
from CEQA as a Ministerial Approval in Accordance with Public Resources
Code Section 21080(b)(1) (CEQA Statute) and CEQA Guidelines Section 15268.
Application is Only for Ministerial Approval of a Lot Line Adjustment Pursuant
to Section 66412(d) of the Subdivision Map Act.
Property Owners: Daran Goodell, Trustee and Mark Von Kaenel.
Applicant: Tony Jeans. Appellant: Alison Steer. Project Planner: Ryan Safty.
RECOMMENDATION:
Deny the appeal and uphold the decision of the Development Review Committee (DRC) to
approve the application, subject to the required determinations (Exhibit 2) and recommended
conditions of approval (Exhibit 3).
BACKGROUND:
The subject parcels are located at the terminus of Los Robles Way and Worcester Lane (Exhibit
1). The lot line adjustment proposes to take three adjacent parcels and reconfigure their lot
lines. The existing lot configuration has several non-conformities, all of which would be
remedied with the proposed lot line adjustment; a legal, non-conforming front setback on
Parcel 1 is allowed under current Town Code, as discussed in the DRC Report (Exhibit 4) and in
the applicant’s Letter of Justification (Exhibit 6). There is an existing residence on Parcel 1 (APN
532-36-076) that would remain, and the other two parcels are vacant. No new construction is
proposed with the application.
PAGE 2 OF 12
SUBJECT: 17200 Los Robles Way/M-23-001
DATE: October 20, 2023
BACKGROUND (continued):
The current lot line adjustment application (M-23-001) seeks to cure the absence of certain
factual information and presence of certain procedural flaws in the Town’s original approval of
Lot Line Adjustment Application M-20-012. A detailed history of application M-20-012 is
provided in Exhibit 4, and a summary of the action items and dates are provided below:
• On November 11, 2020, the applicant submitted their previous lot line adjustment
application (M-20-012) for the three parcels;
• On February 23, 2021, the applicant submitted Certificate of Compliance applications to
verify the legality of Parcels 2 and 3;
• On May 25, 2021, the DRC approved the Certification of Compliance applications, which
verified the legality of Parcels 2 and 3;
• On July 13, 2021, the DRC approved Application M -20-012;
• On July 22, 2021, the decision of the DRC was appealed to the Planning Commission by
adjacent neighbors;
• On September 8, 2021, the Planning Commission denied the appeal and approved
Application M-20-012;
• On September 20, 2021, the decision of the Planning Commission was appealed to the
Town Council by adjacent neighbors;
• On December 7, 2021, the Town Council made a motion to uphold the decision of the
Planning Commission and adopted a resolution denying the appeal and approved
Application M-20-012; and
• On March 1, 2022, a resident challenged the Town’s approval of Application M-20-012
by seeking a writ of administrative mandate to overturn the Town’s approval.
In the course of the litigation, it became apparent that the Town had relied on the Subdivision
Map Act’s requirements regarding the approval of a tentative map instead of the Subdivision
Map Act’s requirements regarding a lot line adjustment [Government Code Section 66412(d)].
At the same time, the applicant for Application M-20-012 submitted a new application
(Application M-23-001) for review in accordance with Government Code section 66412(d)
(Exhibits 6 and 7).
In light of all of this, the Town requested a stay from the court to allow the Town to process
Application M-23-001 in accordance with the Subdivision Map Act’s requirements regarding lot
line adjustments as set forth in Government Code Section 66412(d). The stay was granted.
A detailed staff report for Application M-23-001 (Exhibit 4) was prepared in advance of the DRC
hearing which: summarizes the application request; provides a detailed background of the
application beginning in 2020; specifies how the project is ministerial under the California
Environmental Quality Act (CEQA) and therefore compliant with CEQA; and analyzes how each
PAGE 3 OF 12
SUBJECT: 17200 Los Robles Way/M-23-001
DATE: October 20, 2023
BACKGROUND (continued):
of the required considerations for approval of Application M-23-001 are met in accordance with
Subdivision Map Act requirements as set forth in Government Code Section 66412(d).
On August 15, 2023, the DRC opened the public hearing, listened to public testimony, and
approved Lot Line Adjustment Application M-23-001 based on the information provided in the
Report to the DRC, the draft conditions of approval, and in accordance with the required
determinations provided in California Government Code Section 66412(d) (Exhibit 4). The
meeting minutes are provided as Exhibit 5.
Pursuant to Town Code Section 29.20.257, any interested person as defined by Town Code
Section 29.10.020 may appeal to the Planning Commission any decision of the DRC. For
residential projects, an interested person is defined as, “a person or entity who owns property
or resides within 1,000 feet of a property for which a decision has been rendered and can
demonstrate that their property will be injured by the decision.” The appellant meets the
requirements.
On August 22, 2023, the decision of the DRC was appealed to the Planning Commission by an
adjacent neighbor (Exhibit 8). The applicant has responded to the appeal letter, provided as
Exhibit 9.
DISCUSSION:
A. Project Summary
The subject parcels are located at the terminus of Los Robles Way and Worcester Lane
(Exhibit 1). The lot line adjustment proposes to take three adjacent parcels and reconfigure
their lot lines. The existing lot configuration has several non-conformities, all of which
would be remedied with the proposed lot line adjustment; a legal, non-conforming front
setback on Parcel 1 is allowed under current Town Code, as discussed in the DRC Report
(Exhibit 4) and in the applicant’s submittal package (Exhibits 6 and 7). There is an existing
residence on Parcel 1 (APN 532-36-076) that would remain, and the other two parcels are
vacant. No new construction is proposed.
B. Lot Line Adjustment Review Process
Applications for lot line adjustments are ministerial in nature, but are required by Town
Code Section 29.20.745(9) to go before DRC for approval.
PAGE 4 OF 12
SUBJECT: 17200 Los Robles Way/M-23-001
DATE: October 20, 2023
DISCUSSION (continued):
The required determinations for approval of a lot line adjustment application pursuant to
Government Code Section 66412(d) are: that the new lot line adjustment is between four or
fewer existing adjoining parcels, where the land taken from one parcel is added to an
adjoining parcel, and where a greater number of parcels than originally existed is not
thereby created; and that the parcels resulting from the lot line adjustment will conform to
the local general plan, any specific plans, any applicable coastal plan, and zoning and
building ordinances (Exhibit 2). A detailed analysis showing compliance with each required
determination is also provided in Exhibit 4.
C. Appeal Analysis
The appellant’s reasoning is provided below, with applicant’s responses in italic font,
followed by staff analysis below each section of the appeal letter.
1. Appellant: The DRC’s conclusion, at the urging of staff, that approval of this application
is a ministerial act is legally erroneous because the DRC must exercise considerable
judgment to ensure the lot line adjustment is consistent with all aspects of the Town’s
General Plan, Hillside Specific Plan and all applicable Hillside Development Standards
and Guidelines. This approval is unlike a typical ministerial act where the responsible
agency merely uses a pre-defined checklist to ensure the project is consistent with a set
of well-established standards […]. Moreover, staff’s position that lot line adjustment
approvals are per se ministerial is clearly erroneous in light of CEQA Guideline Section
15305, which provides that lot line adjustment approvals are exempt from CEQA under
some circumstances. If, as staff contends and the DRC apparently accepted, lot line
adjustment approvals are per se ministerial, Section 15305 is completely pointless and
nonsensical because ministerial acts are not subject to CEQA at all, and therefore there
would be no point in adopting a guideline to exempt them from CEQA […]. The fact that
under Section 15035, lot line adjustments between four or fewer lots with average
slopes greater than 20 percent are not exempt from CEQA review is further persuasive
evidence that approval of a lot line adjustment on parcels with greater than 20 percent
slopes require exercise of discretion.
Applicant: Pursuant to Government Code Section 66412(d), a lot line adjustment
“between four or fewer existing adjoining parcels, where the land taken from one parcel
is added to an adjoining parcel, and where a greater number of parcels than originally
existed is not thereby created” is exempt from the Subdivision Map Act and review under
CEQA. Approval of such a lot line adjustment is ministerial in nature.
PAGE 5 OF 12
SUBJECT: 17200 Los Robles Way/M-23-001
DATE: October 20, 2023
DISCUSSION (continued):
Staff analysis: As noted in the DRC Report (Exhibit 4), the CEQA Determinations Section
on pages four and five explains staff’s limitations in reviews of lot line adjustments in
accordance with the required provisions and considerations of California Government
Code Section 66412(d). The Town is relying on Public Resources Code Section
21080(b)(1) (CEQA statute) and CEQA Guidelines Section 15268, both of which provide
that ministerial projects are exempt from the requirements of CEQA. The courts have
determined that lot line adjustments pursuant to Government Code Section 66412(d)
are ministerial approvals.
Additionally, CEQA Guideline Section 15268 provides that the determination of what is
“ministerial” can most appropriately be made by the public agency involved and that
this determination can be made on a case-by-case basis, and the California courts have
determined that the Subdivision Map Act statute exempts from discretionary reviews,
exactions, and conditions those lot line adjustments that fit the specifications of
Government Code section 66412(d). The Town’s review is expressly limited to
determining whether the resulting lots will conform to the local general plan, any
applicable specific or coastal plan, and building and zoning ordinances, which is a
prototypical ministerial approval process, and, in this case because no other land use
approvals are being sought by the applicant, involves only a ministerial action. Here, the
lot line adjustment is simply: moving the existing lot lines between three existing, legal
lots; is not creating any new additional lots; is removing existing non-conformities, and
is not proposing any other land use approvals. On that basis, the lot line adjustment
action by the Town is ministerial in nature.
The California Public Resources Code statute setting forth CEQA and dictating that
ministerial projects are not subject to CEQA “trumps” any CEQA Guideline providing to
the contrary. The California Government Code statute setting forth the Subdivision Map
Act and its provisions regarding lot line adjustments, and the California Appellate courts
determining those lot line adjustments to be ministerial in character "trumps” any CEQA
Guidelines providing to the contrary. The fact that CEQA Guideline Section 15305
provides an exemption for certain minor alterations in land use limitations does not
provide contrary or controlling evidence that the CEQA statute and Guidelines do not
apply to “ministerial projects.” CEQA Guideline Section 15305 does not provide
contrary or controlling evidence that the Government Code provisions containing the
Subdivision Map Act and its lot line adjustment requirements [Government Code section
66412(d)] do not describe a wholly ministerial process. As noted in Exhibit 4,
Government Code Section 66412(d) and previous case law provides that this lot line
adjustment application is ministerial and not subject to CEQA.
PAGE 6 OF 12
SUBJECT: 17200 Los Robles Way/M-23-001
DATE: October 20, 2023
DISCUSSION (continued):
2. Appellant: Town is required to analyze the proposed lot line adjustment’s consistency
with goals and policies of the General Plan including land use element (LU 6.4) which
“prohibit uses that may lead to the deterioration of residential neighborhoods, or
adversely impact the public safety or the residential character of a residential
neighborhood.” The Town has conducted no such analysis, and in any event, a finding
that the lot line adjustment is, or is not, consistent with LU 6.4 necessarily requires an
exercise of discretion.
Applicant: The application does not request the approval of any new homes nor
development of the three (3) parcels. As such, it is premature to consider issues relating
to development of the parcels. For instance, Appellant’s reference to LU 6.4 is
misplaced, as there is no proposed change of use or development of the parcels before
the Town, there is no need to conduct any analysis under LU 6.4.
Staff analysis: No new land uses are proposed with this lot line adjustment application,
and no development or construction is proposed. If development or construction
activities and/or proposed land uses are proposed in the future, they would need to
comply with the General Plan. As noted in Condition of Approval #5 of Exhibit 3, “Notice
is hereby given to the Property Owners that any proposed disruption, development, or
other related construction on, adjacent to, or related to the Adjusted Parcels shall
require environmental review to determine appropriate CEQA compliance, review for
General Plan, Specific Plan, Zoning, and Building Ordinance compliance, and an
Architectural and Site Application approval with the Community Development
Department of the Town, with related findings, considerations, and conditions of
approval in compliance with applicable Town Code.”
3. Appellant: Similarly, the Town has failed to analyze the potential impacts associated
with the proposed cul-de-sac or its consistency relative to the Hillside Development
Standards which also changes principal means of access to parcels 2 and 3 […]. It is
important to note, moreover, that regardless of whether the lot-line adjustment could
be approved without compliance with CEQA, the Town must analyze the environmental
impacts associated with the proposed access driveway to parcels 2 and 3, which is an
essential part of the proposed lot line adjustment.
PAGE 7 OF 12
SUBJECT: 17200 Los Robles Way/M-23-001
DATE: October 20, 2023
DISCUSSION (continued):
Applicant: The access at Worcester Lane has always been available to the property and
this will not change with this lot line adjustment. The owners are offering to dedicate to
the Town an appropriate easement for a cul-de-sac area at the terminus of Worcester
Lane to satisfy ingress/egress to parcels 2 and 3 from this location and meet the Town’s
frontage requirements. This area has been identified on the plans based on a Town
standard hillside cul-de-sac. According to the Town’s staff report submitted to the DRC,
Town Code Section 29.40.400 does not mandate that the cul-de-sac street frontage be
along a paved roadway. This application does not request approval of plans to develop
the cul-de-sac easement area. Thus, the Town need not analyze potential impacts
associated with the cul-de-sac area.
Staff analysis: As noted in Condition of Approval #2 in Exhibit 3, the property owners
have proposed to make irrevocable offers of dedication of easement to the Town to
satisfy Town Zoning Code provisions regarding frontage. The provisions from
Government Code Section 66412(d) regarding lot line adjustments authorizes the Town
to impose conditions of approval to ensure Zoning Code compliance and consistency.
However, construction of the cul-de-sac is not proposed or required, and Condition of
Approval #5 makes clear that any and all disruption, development, construction,
including future construction of the cul-de-sac, would require a discretionary
Architecture and Site Application with environmental review to determine appropriate
CEQA compliance, and review for General Plan, Specific Plan, Zoning, and Building
Ordinance compliance. Again, no construction of any kind is proposed with this lot line
adjustment application.
As a part of this lot line adjustment application review, Town staff has reviewed the cul-
de-sac area delineated in Exhibit 7 that is offered as a dedication of easement to the
Town and has confirmed that a cul-de-sac meeting the Town’s required cul-de-sac
dimensions would fit in this location. Again, no construction or development is being
proposed. Any future construction and grading associated with this cul-de-sac would
require a Town approved Architecture and Site Application, which would first require
CEQA compliance before approval or denial.
In order to avoid confusion and clarify the intent of the condition for the cul-de-sac
dedication, staff is recommending a revision to drafted Condition of Approval #2 in
Exhibit 3. Staff is recommending a revision because the last two sentences are
unnecessary. If the lot line adjustment is denied, the conditions of approval will not
exist. The proposed amended condition language is shown in strikethrough text in
Exhibit 3 and copied below.
PAGE 8 OF 12
SUBJECT: 17200 Los Robles Way/M-23-001
DATE: October 20, 2023
DISCUSSION (continued):
2. CUL-DE-SAC DEDICATIONS: To ensure the consistency of the Approval of the
New Lot Line Adjustment Application (M-23-001) with the Zoning Ordinance of
the Town Code, within ninety (90) days of the Approval Date, the property
owners (individually, “Property Owner,” collectively, “Property Owners”) of
Adjusted Parcels 2 and 3 shall make irrevocable offers of dedication of easement
to the Town of the “Cul-De-Sac Area” for right-of-way purposes (as that Cul-De-
Sac Area is specifically delineated in the New Lot Line Adjustment Application
(M-23-001) materials), and to the satisfaction of the Town Engineer, to ensure
compliance with the minimum Town street frontage standards for cul-de-sacs.
Within thirty (30) days of such Property Owners dedication, the Town Engineer
shall accept such dedication(s) on behalf of the Town. Should the Approval be
placed before the Town Council for consideration and action on appeal, the
Town Council shall determine whether or not to confirm such acceptance of such
dedication in addition to considering the merits of the appeal. Failure of the
Town Council to confirm acceptance of such Cul De Sac Area dedications, and/or
approval of such appeal by the Town Council, shall void the Approval.
4. Appellant: To the extent the lot line adjustment creates a new buildable parcel from an
unbuildable parcel [and not just moving lines around on paper as was mentioned at the
DRC meeting (minute 6:20)], the Town is required to but has thus far failed to carefully
review the consistency of the newly configured parcels with the Town’s General Plan.
Approval of the lot line adjustment will most likely result in the siting of up to two new
dwellings on parcel 2, which is more than capable of creating ecological and visual
impacts to neighboring properties (General Plan CD 6.4).
Applicant: In the plans, we have limited the details to the proposed lot configurations
requested for the lot line adjustment, while providing sufficient information to analyze
the adjusted parcels for compliance with applicable Town and State law […]. This
application does not request the approval of any new homes nor development of the
three (3) parcels. As such, it is premature to consider issues relating to development of
the parcels […].
Staff analysis: As noted on pages six and seven in the DRC Report (Exhibit 4), the
proposed lot line adjustment is in conformance with the General Plan. Specifically, the
proposed lot line adjustment complies with the density allowance for properties with a
Low Density Residential General Plan Land Use Designation and General Plan
Community Design Goal CD-2, which states, “To limit the intensity of new development
to a level that is consistent with surrounding development and with the Town at large.”
PAGE 9 OF 12
SUBJECT: 17200 Los Robles Way/M-23-001
DATE: October 20, 2023
DISCUSSION (continued):
The application is for a lot line adjustment between three existing, legal parcels. No
construction or grading is proposed. It is important to note that, although both the
General Plan and Zoning Ordinance specify how land may be developed, they do so in
different ways. The General Plan has a long-term outlook. It identifies the types of
development that will be allowed, the spatial relationships among land uses, and the
general patten of future development. Zoning regulates development through specific
standards such as lot size, building setbacks, and allowable uses. Development must not
only meet the specific requirements of the Zoning Ordinance, but also the broader
policies set forth in the General Plan. Again, no development is proposed; any future
proposed use and/or development would need to comply with all the provisions of the
then-applicable General Plan.
The appeal states that the project would not comply with General Plan Policy CD.4,
which requires that, “New homes shall be sited to maximize privacy, livability,
protection of natural plant and wildlife habitats and migration corridors, and adequate
solar access and wind conditions. Siting should take advantage of scenic views but
should not create significant ecological or visual impacts affecting open spaces, public
places, or other properties.” Again, no construction is proposed; no new homes are
proposed. This General Plan policy is not relevant to a lot line adjustment application.
5. Appellant: The Town’s General Plan 2040 website specifically states the adopted plan
“does not allow new housing potential in the Very High Fire Hazard Severity Zones”
which is where this land is located. Increasing density increases fire risk to the
neighborhood. The Town must consider whether this proposed lot line adjustment is
consistent with the Town’s policy of not increasing density in Very High Fire Hazard
Severity Zones.
Applicant: Additionally, the Town need not consider whether the proposed lot line
adjustment is consistent with the Town’s policy of not increasing density in the Very High
Fire Hazard Severity Zones, as there is no increase in density with this application. This
application preserves the status quo (three single-family residential parcels) and leaves
the determination of appropriate countermeasure for fire hazard safety to a subsequent
Architecture and Site Application, which would be reviewed by Santa Clara County Fire
Department as well as the building department.
PAGE 10 OF 12
SUBJECT: 17200 Los Robles Way/M-23-001
DATE: October 20, 2023
DISCUSSION (continued):
Staff analysis: This is not an excerpt from the General Plan. Instead, it is an introductory
statement on the Los Gatos 2040 General Plan website. The full quote is, “The adopted
2040 General Plan retains the Town’s Low Density neighborhoods as is, allows more
housing in High (formerly known as Medium) Density Residential (i.e. small, multi-unit
housing), does not allow new housing potential in the Very High Fire Hazard Severity
Zone, and focuses the majority of the growth in the Community Growth Districts with
mixed use and higher density developments.” The excerpt regarding no new housing
potential in the Very High Fire Hazard Severity Zone is simply stating that the Town is
proposing to increase allowed densities in certain areas of the Town in order to meet
the State’s required housing numbers, and that the Town is not proposing to increase
allowable densities in the Very High Fire Hazard Severity Zone. This is not saying that
existing parcels cannot be developed in the Very High Fire Hazard Severity Zone.
Additionally, allowed densities are listed in the Land Use Element of the General Plan,
and the 2040 Land Use Element is on hold and is not currently in effect.
6. Appellant: Today Parcel 2 is not buildable, is landlocked, does not conform to minimum
parcel size, cannot be accessed by vehicular or safety equipment (there’s a house/pool
in the way, which according to the staff report will remain), and due to the steepness of
the slope is outside of the LRDA (Least Restrictive Development Area) where no
turnaround could be built, nor does it meet slope stability standards, yet the Town
refuses to consider this land for merger per Municode Section 2 4.10.080.
Applicant: It should also be noted that there are three (3) original existing parcels and
there will remain three (3) parcels. Consideration of the lot line adjustment application
is mandatory under controlling law, whereas the Town’s consideration of merger is
permissive. For instance, Municipal Code Section 24.10.080, which addresses parcel
mergers, specifies the Town “may” initiate a merger. There is no requirement that the
Town initiate such a merger. Moreover, there is no showing that the three (3) parcels
would meet the requirements of a merger under Section 24.10.080. As a result, there is
no “intensification of use” or “increasing density” associated with this application, as the
appellant suggests.
Staff analysis: Town Code Section 24.10.080 states that, “The Town may initiate a
merger of a parcel […]” if all the requirements of the controlling law (the Subdivision
Map Act) are met. Several things bear mentioning: (1) Town Code Section 24.10.080
does not require (it is not mandatory, there is no “shall”) the Town to initiate the
merger of any or all parcels in the Town that may qualify for merger, it permits such
review (it is permissive, it uses the word “may”) if the Town wishes to do so . The Town
choosing not to commence a merger in the present case is not a challengeable nor
appealable act; (2) the Subdivision Map Act does require the Town to act upon a lot line
PAGE 11 OF 12
SUBJECT: 17200 Los Robles Way/M-23-001
DATE: October 20, 2023
DISCUSSION (continued):
adjustment application submitted, such as the one present here . The Map Act
provisions regarding lot line adjustments use the word “shall,” and shall is mandatory ;
and (3) once the lot line adjustment is acted upon, as it must be under controlling law,
no grounds for permissive Town merger will be present. In other words, the applicant
came to the Town with a lot line adjustment application to remedy the non-conforming
situations associated with these parcels. The Town is required to act upon the lot line
adjustment application pursuant to the Subdivision Map Act; the Town is not required
to commence a merger proceeding to determine which if any of the parcels in qu estion
can legally be merged, and merger is legally not available to the Town once the lot line
adjustment is submitted, acted upon, and approved.
PUBLIC COMMENTS:
At the time of preparation of this report, no public comment has been received.
ENVIRONMENTAL REVIEW:
The lot line adjustment approval is Statutorily Exempt from CEQA as a ministerial approval in
accordance with Public Resources Code section 21080(b)(1) (CEQA statute) and CEQA
Guidelines Section 15268, both of which provide that ministerial projects are exempt from the
requirements of CEQA, and Government Code Section 66412(d) regarding lot line adjustments,
which Government Code Section 66412(d) has been determined to describe a ministerial
approval. The application is only for ministerial approval of a lot line adjustment pursuant to
Section 66412(d) of the Subdivision Map Act. Refer to pages four and five of the DRC Report
(Exhibit 4) for more information.
CONCLUSION:
A. Summary
The appellant is requesting that the Planning Commission reconsider the DRC’s decision to
approve Lot Line Adjustment Application M-23-001 in accordance with Government Code
Section 66412(d) of the Subdivision Map Act for three adjoining lots on property zoned R -
1:20, located at 17200 Los Robles Way.
PAGE 12 OF 12
SUBJECT: 17200 Los Robles Way/M-23-001
DATE: October 20, 2023
CONCLUSION (continued):
B. Recommendation
For the reasons stated in this report, staff recommends that the Planning Commission make
a motion to confirm the following determinations and actions to deny the appeal, uphold
the decision of the DRC, and approve Lot Line Adjustment Application M-23-001 for
consideration under Section 66412(d) of the Subdivision Map Act:
1. Find that approval of the lot line adjustment application is a ministerial project approval
under CEQA (Exhibit 2);
2. Find that the required determinations regarding compliance with Section 66412(d) of
the Subdivision Map Act are hereby adopted and confirmed (Exhibit 2); and
3. Approve Lot Line Adjustment Application M-23-001, superseding the Town’s approval of
the previous lot line adjustment application (M-20-012), with the modified Draft
Conditions of Approval contained in Exhibit 3, the diagram showing existing and
proposed parcel configurations in Exhibit 7, and all other related materials and
attachments.
C. Alternatives
Alternatively, the Commission can:
1. Continue the matter to a date certain with specific direction;
2. Deny the appeal and approve the application with additional and/or modified
conditions;
3. Grant the appeal and remand the application to the DRC with direction for revisions; or
4. Grant the appeal and deny Lot Line Adjustment Application M -23-001.
EXHIBITS:
1. Location Map
2. Required Determinations Pursuant to Government Code Section 66412(d)
3. Recommended Conditions of Approval with Staff Edits
4. August 15, 2023 Development Review Committee Report and Desk Item
5. August 15, 2023 Development Review Committee Meeting Minutes
6. Applicant’s Letter of Justification, received June 2, 2023
7. Diagram of Existing and Proposed Parcel Configurations, received August 9, 2023
8. Appeal of Development Review Committee, received August 22, 2023
9. Applicant’s Response to Appeal, received October 16, 2023
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Update Notes:- Updated 12/20/17 to link to tlg-sql12 server data (sm)- Updated 11/22/19 adding centerpoint guides, Buildings layer, and Project Site leader with label- Updated 10/8/20 to add street centerlines which can be useful in the hillside area- Updated 02-19-21 to link to TLG-SQL17 database (sm)
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PLANNING COMMISSION – October 25, 2023
REQUIRED DETERMINATIONS
17200 Los Robles Way
Lot Line Adjustment Application M-23-001
Consider an Appeal of a Development Review Committee Decision to Approve a Lot
Line Adjustment Application in Accordance with California Government Code Section
66412(d) for Three Adjoining Lots on Property Zoned R-1:20. Located at 17200 Los
Robles Way. APNs 532-36-075, -076, and -077. Lot Line Adjustment Application M-
23-001. Statutorily Exempt from CEQA as a Ministerial Approval in Accordance with
Public Resources Code Section 21080(b)(1) (CEQA Statute) and CEQA Guidelines
Section 15268. Application is Only for Ministerial Approval of a Lot Line Adjustment
Pursuant to Section 66412(d) of the Subdivision Map Act. Property Owners: Daran
Goodell, Trustee and Mark Von Kaenel. Applicant: Tony Jeans. Appellant: Alison Steer.
Project Planner: Ryan Safty.
REQUIRED DETERMINATIONS PURSUANT TO GOVERNMENT CODE SECTION 66412(d):
Required determination for CEQA:
▪ The application requires ministerial project approval pursuant to CEQA as the application
is only for ministerial approval of a lot line adjustment pursuant to Section 66412(d) of the
Subdivision Map Act (see below).
1. Application M-23-001 does not include any additional requests for other Town permits,
approvals, or entitlements, whether discretionary or ministerial. Instead, the
application involves only the proposed lot line adjustment of three existing and
adjoining parcels identified as APN 532-36-075, -076, and -077, which, after adjustment,
will result in three adjoining parcels with newly adjusted lot lines, which application will
be reviewed and acted on by the Town pursuant to the California Subdivision Map Act,
California Government Code section 66410 et seq. (“Map Act”).
2. Pursuant to California Public Resources Code section 21080(b)(1) (and corresponding
California Code of Regulations), CEQA does not apply to, “Ministerial projects proposed
to be carried out or approved by public agencies.” Likewise, Title 14. California Code of
Regulations, Chapter 3, Guidelines for Implementation of the California Environmental
Quality Act (“CEQA Guidelines”) Section 15268 provides that, “Ministerial projects are
exempt from the requirements of CEQA.” CEQA Guidelines section 15268 further
provides that when there is an absence of any discretionary provisions in the law
establishing the requirements of the approval - in this case, the Map Act’s Government
Code section 66412(d) mandates governing lot line adjustments approvals – the law
shall be presumed to be ministerial. Additionally, CEQA Guidelines section 15369
defines “ministerial” as a public agency's decisions, “involving little or no personal
judgment by the public official as to the wisdom or manner of carrying out the project.
EXHIBIT 2
The public official merely applies the law to the facts as presented but uses no special
discretion or judgment in reaching a decision. A ministerial decision involves only the
use of fixed standards or objective measurements, and the public official cannot use
personal, subjective judgment in deciding whether or how the project should be carried
out.”
In considering the application, Map Act section 66412(d) mandates that the Town – and
its Development Review Committee – shall ensure that the proposed lot line adjustment
is between four or fewer existing adjoining parcels, where the land taken from one such
parcel is added to an adjoining such parcel, and where a greater number of parcels than
originally existed is not thereby created. Map Act section 66412(d) further mandates
that the Town – and its hearing bodies – limit its review and approval, “to a
determination of whether or not the parcels resulting from the lot line adjustment will
conform to the local general plan, any applicable specific plan, any applicable coastal
plan, and zoning and building ordinances.”
3. In so limiting the Town’s review, Government Code Section 66412(d) describes a
prototypical ministerial approval process, where the fixed approval standards delineate
objective approval criteria that simply require the hearing body to make certain factual
determinations regarding the number of parcels involved, whether they are adjoining,
whether they are four or fewer in number, whether a greater number of parcels are
created than were existing (after adjustment), and whether the resulting parcels
conform to local law – e.g., general plan, specific plan, any coastal plan, and building and
zoning code provisions – given the facts presented in the application. As such, as set
forth in the entirety of the administrative record, there are no other Town permits,
approvals, or entitlements, whether discretionary or ministerial, being requested;
Application M-23-001 involves only the proposed lot line adjustment of the three
adjoining existing parcels into the new parcel configuration of the three adjoining
adjusted parcels pursuant to the lot line provisions of the Map Act; the Development
Review Committee's (and subsequent hearing bodies on appeal) review of the
application is limited to determining whether Application M-23-001 conforms with the
requirements of the Map Act regarding lot line adjustments and applicable Town plans,
ordinances, and regulations, and therefore the hearing body has no ability to exercise
discretion to mitigate environmental impacts; and as such, the Town hearing body’s
consideration of, and action on, Application M-23-001 is a ministerial project proposed
to be carried out or approved by the Town, and therefore is exempt from the
requirements of CEQA.
Required determinations for compliance with the Subdivision Map Act’s provisions regarding
lot line adjustments as set forth in Government Code Section 66412(d):
▪ That Lot Line Adjustment Application M-23-001 is between four or fewer existing
adjoining parcels, where the land taken from one parcel is added to an adjoining parcel,
and where a greater number of parcels than originally existed is not thereby created;
Approval of Application M-23-001 is in compliance with Government Code Section
66412(d) because the approval of the application will result in the three adjoining
parcels having land taken from and added to said parcels resulting in three adjoining
parcels, thereby involving a situation where a greater number of parcels than originally
existed is not thereby created by approval of the application, and where no more than
four existing parcels are the subject of the application.
▪ That the parcels resulting from Lot Line Adjustment Application M-23-001 will conform to
the Town’s General Plan;
Approval of Application M-23-001 is in compliance with Government Code Section
66412(d) because the approval of the application will result in the three adjoining
parcels being in conformance with the entirety of the Town of Los Gatos General Plan,
including without limitation, the following General Plan provisions:
a. The General Plan designates the parcels as “Low Density Residential,” with an
allowed density range of zero to five residential units per acre and provides for
single-family residential properties. Adjusted Parcel 1 would be approximately
62,172 square feet in size, has an existing house developed on it, and therefore is
consistent with the General Plan’s density range of zero to five residential units per
acre and its allowance for single-family residential use. Any development of
adjusted Parcels 2 and 3 (they are currently vacant) would be required to comply
with all provisions of the General Plan. As discussed below, adjusted Parcels 2 and 3
are of a size consistent with the General Plan, as well as the Zoning mandated by the
General Plan. There are several Zoning classifications (Zoning consistency is
discussed in greater detail in later parts of this Report) that are consistent with the
General Plan applicable to the parcels – each are Single-Family Residential zones,
and each permits a single-family dwelling unit on each legal parcel. These Zones
reflect the General Plan density range of zero to five residential units per acre: R-1:8
(8,000-square foot minimum parcel size - allowing a maximum of approximately five
residential units per acre ); R-1:10 (10,000-square foot minimum – allowing a
maximum of approximately four residential units per acre); R-1:12 (12,000-square
foot minimum – allowing a maximum of approximately three residential units per
acre); R-1:15 (15,000-square foot minimum – allowing a maximum of approximately
two residential units per acre); R-1:20 (20,000-square foot minimum – allowing a
maximum of approximately two residential units per acre); and R-1:30 (30,000-
square foot minimum – allowing a maximum of approximately one residential unit
per acre). The adjusted parcels in Application M-23-001 are zoned R-1:20 (20,000-
square foot minimum – allowing a maximum of approximately two residential units
per acre), and each adjusted parcel is greater than 20,000 square feet, revealing
consistency with the R-1:20 Zone, and in turn, therefore revealing the consistency of
the adjusted parcels in the application with the density provisions of the General
Plan. Again, one residential unit already exists on adjusted Parcel 1, and adjusted
Parcels 2 and 3 are both greater than 20,000 square feet, allowing one future single-
family residential dwelling unit on each parcel if pursued in the future (speculative at
this point), equating to a potential future density consistent to that allowed by the
General Plan.
b. General Plan Community Design Goal CD-2 states the following: “To limit the
intensity of new development to a level that is consistent with surrounding
development and with the Town at large.” The surrounding neighborhood (200 feet
from the subject parcels) consists of Single-Family Residential Zoned properties
consisting of R-1:8, R-1:10, and R-1:20 zoning classifications and all have a Low
Density Residential General Plan designation. The neighboring parcels range in size
from approximately 6,944 square feet to 40,510 square feet. The adjusted parcel
sizes would be approximately: 62,172 square feet for adjusted Parcel 1; 27,073
square feet for adjusted Parcel 2; and 44,925 square feet for adjusted Parcel 3. As
discussed, Parcel 1 is already developed with a home. Adjusted Parcels 2 and 3 are
vacant. If in the future each vacant Adjusted Parcel were developed with one single-
family residence, each such parcel would be consistent with the intensity of
surrounding development.
▪ That the parcels resulting from Lot Line Adjustment Application M-23-001 will conform to
any specific plans, including the Hillside Specific Plan;
Approval of Application M-23-001 is in compliance with Government Code Section
66412(d) because the approval will result in the three adjoining parcels being in
conformance with the entirety of the Town’s Hillside Specific Plan, including without
limitation, the following Hillside Specific Plan provisions:
a. The Town’s Hillside Specific Plan contains density provisions for certain “Sub-Areas”;
however, the subject parcels in Application M-23-001 are not located within any of
the Sub-Areas. Density for properties outside of the Sub-Areas are set in the
General Plan (discussed above) and further regulated by the Zoning Ordinance
(discussed below). All other goals, policies, and provisions of the Town’s Hillside
Specific Plan relate to construction and subdivision applications, which are not
present with the current application. No construction is proposed with this
application. Any future construction would be required to comply with the Town’s
Hillside Specific Plan.
▪ That the parcels resulting from Lot Line Adjustment Application M-23-001 will conform to
any applicable coastal plan; and
Approval of Application M-23-001 is in compliance with Government Code Section
66412(d) because the Town has no applicable coastal plan for the application (and
adjusted parcels) to be in conformance with.
▪ That the parcels resulting from Lot Line Adjustment Application M-23-001 will conform to
the Town’s Zoning Code and Building Ordinance.
Approval of Application M-23-001 is in compliance with Government Code Section
66412(d) because the approval of the application will result in the three adjoining
parcels being in conformance with the entirety of the Town’s Zoning and Building
Ordinances, including without limitation, the following provisions:
a. The Town’s Zoning Ordinance Section 29.40.395 establishes a minimum lot size of
20,000 square feet for properties zoned R-1:20. The adjusted parcels in Application
M-23-001 would comply with minimum lot size requirement as follows: Parcel 1
would have a lot size of approximately 62,172 square feet; Parcel 2 would have a lot
size of approximately 27,073 square feet; and Parcel 3 would have a lot size of
approximately 44,925 square feet. See tables below for more details on the existing
parcel configuration and adjusted parcel configuration in relation to Zoning Code
compliance for minimum lot size.
b. The Town’s Zoning Ordinance Section 29.40.400 establishes a minimum street
frontage of 100 feet for properties zoned R-1:20, and 30 feet for R-1:20 properties
fronting on a cul-de-sac bulb. Town Code Section 29.40.400 does not mandate that
the cul-de-sac street frontage be along a paved roadway. Instead, Section 29.10.020
of the Town Code defines lot frontage as, “the property line of a lot abutting on a
street, which affords access to a lot other than the side line of a corner lot. On a
corner lot either property line on a street may be determined to be the frontage.”
Town Code Section 29.10.020 then defines a street as, “any thoroughfare for the
motor vehicle travel which affords the principal means of access to abutting
property, including public and private rights-of-way and easements.” Therefore,
street frontage would need, at a minimum, frontage on a right-of-way or easement
to comply with Town Code. The applicant has suggested a future cul-de-sac at the
terminus of Worcester Lane for Parcels 2 and 3. To accomplish this, the applicant is
proposing a dedication of land as an easement for cul-de-sac right-of-way purposes,
which is included as Condition of Approval #2 (Exhibit 3) and noted in Exhibits 6 and
7. Once this condition of approval is complied with and the Town accepts dedication
of this area for the future cul-de-sac at the terminus of Worcester Lane, the adjusted
parcels in the Application M-23-001 comply with minimum street frontage as
follows: Parcel 1 would have approximately 242 feet of frontage on the Los Robles
Way right-of-way where 100 feet is required; Parcel 2 would have approximately 40
feet of frontage on a cul-de-sac bulb easement at the terminus of Worcester Lane
where 30 feet is required; and Parcel 3 would have approximately 60 feet of
frontage on a cul-de-sac bulb easement at the terminus of Worcester Lane where 30
feet is required. See tables below for more details on existing parcel configuration
and adjusted parcel configuration in relation to Zoning Code compliance for
minimum street frontage.
c. The Town’s Zoning Ordinance Section 29.40.400 establishes a minimum lot depth of
140 feet for properties zoned R-1:20. The adjusted parcels in Application M-23-001
would comply with the minimum lot depth requirement as follows: Parcel 1 would
have a lot depth of approximately 323 feet; Parcel 2 would have a lot depth of
approximately 194 feet; and Parcel 3 would have a lot depth of approximately 258
feet. See tables below for more details on existing parcel configuration and adjusted
parcel configuration in relation to Zoning Code compliance for minimum lot depth.
d. The Town’s Zoning Ordinance Section 29.40.400(1) establishes a minimum lot width
of 60 feet for R-1:20 parcels fronting on a cul-de-sac bulb. Adjusted Parcels 2 and 3
in Application M-23-001 would have frontage on a cul-de-sac bulb and comply with
the minimum lot width requirement as follows: Parcel 2 would have a lot width of
approximately 155 feet; and Parcel 3 would have a lot width of approximately 217
feet. See tables below for more details on existing parcel configuration and adjusted
parcel configuration in relation to Zoning Code compliance for minimum lot width
for properties fronting on a cul-de-sac bulb.
e. The Town’s Zoning Ordinance Section 29.40.405(a) establishes minimum setback
standards for R-1:20 properties of 30 feet in the front yard, 15 feet in the side yard,
and 25 feet in the rear yard. There is one existing residence that is proposed to
remain on Parcel 1. The residence on adjusted Parcel 1 within Application M-23-001
would have a front setback of approximately zero feet, side setbacks of
approximately 43 feet and 90 feet, and a rear setback of approximately 200 feet.
The zero-foot front setback is an existing, legal, non-conforming configuration that is
allowed to continue by current Town law and would not change with the
application. The front setback on Parcel 1 is legal, non-conforming because the
Town Code “grandfathers” such structures. According to the Santa Clara County
Assessor’s Office, the residence on Parcel 1 was built in 1938, at which time the
property was not annexed into the Town as the Town’s 1943 Zoning Map (five years
after the construction date) does not include these properties. Because the 1943
Zoning Map does not show the property, Town staff has concluded that it was
annexed sometime after 1943, and thus after the construction date of 1938. Town
Code Section 29.10.020 defines a nonconforming building as, “a building which was
lawfully erected but under the terms of this chapter is too close to a property line,
too close to a street, too high, covers too much of lot or is of a wrong type.”
Pursuant to Town Code Section 29.10.180(a), one of the ways a building or use
becomes nonconforming is because of annexation of territory to the Town. Because
the existing residence on Parcel 1 is considered “nonconforming” pursuant to Town
Code Section 29.10.180(a) as the residential building was lawfully erected and
become nonconforming after annexation, the residence is not considered “unlawful”
or a “nuisance” pursuant to Town Code Section 29.10.185 and can therefore remain.
Although no modifications are proposed to the existing nonconforming residential
building, Town Code Section 29.10.245(e)(1) would allow expansion or
reconstruction of an existing nonconforming building that is too close to the
property line as long as it does not become nearer to a property line than the
existing building is to that property line. Pursuant to Town Code Sections 29.10.020,
29.10.180(a), 29.10.185, and 29.10.245(e)(1), although the residential building on
Parcel 1 is determined to be non-conforming, it is nonetheless allowed under the
current Town Code because such non-conformity is not proposed to worsen: the
front setback of existing Parcel 1 and the front setback of adjusted Parcel 1 will be
identical. See tables below for more details on existing parcels configuration and
adjusted parcels configuration in relation to Zoning Code compliance for minimum
building setbacks.
f. The Town’s Zoning Ordinance Section 29.40.075 and Chapter IV of the Town’s
Hillside Development Standards and Guidelines establish maximum allowed floor
area for residential zones with average parcel slopes greater than 10 percent. Floor
area requirements can only be analyzed for Parcel 1 in Application M-23-001, as
Parcel 1 is the only parcel that would contain existing built floor area. The maximum
allowed floor area for Parcel 1 in the adjusted parcel configuration would be 6,000
square feet. The existing 2,715-square foot residence on Parcel 1 would comply
with the maximum allowed floor area of the adjusted parcel configuration because it
is less than 6,000 square feet. While development is not proposed on Parcels 2 and
3, they would allow an average sized residence in relation to the surrounding
neighborhood as shown in the table below. See tables below for more details on
existing parcel configuration and adjusted parcel configuration in relation to Zoning
Code compliance for maximum allowed floor area.
In summary, the adjusted parcels within Application M-23-001 are in conformance
with applicable provisions of the Town’s Zoning Ordinance because the Adjusted
Parcels each comply with minimum lot size, minimum street frontage, minimum lot
depth, minimum lot width for parcels fronting on a cul-de-sac bulb, minimum
setback standards, and maximum allowed floor area ratio standards.
Approval of Application M-23-001 is in compliance with Government Code Section
66412(d) because the Town’s Building Ordinance would be complied with as the
application does not propose any construction or grading activities. The Town’s
Building Ordinance in Chapter 6 of the Town Code was adopted to administer the
California Building Code, including local amendments. “The California Building Code
(CBC) contains general building design and construction requirements relating to fire
and life safety, structural safety, and access compliance. CBC provisions provide
minimum standards to safeguard life or limb, health, property and public welfare by
regulating and controlling the design, construction, quality of materials, use and
occupancy, location and maintenance of all building and structures and certain
equipment.” The existing residential structure on adjusted Parcel 1 meets the
Town’s Building Ordinance and Building Code provisions relating to existing
structures that were built to then-applicable Building Code requirements. Any
future proposed modifications to that existing structure would be required to meet
the then-current Town’s Building Ordinance and Building Code provisions. No
construction currently exists on or is proposed for adjusted Parcel 2 or adjusted
Parcel 3. Any future proposal for residential construction on any of the adjusted
parcels would be required to meet the then-current Town’s Building Ordinance and
Building Code requirements. Therefore, Application M-23-001 is in conformance
with the Town’s Building Ordinance and Building Code requirements.
S:\PLANNING COMMISSION REPORTS\2023\10-25-2023\17200 Los Robles Way - DRC Appeal\Exhibit 2 - Required Determinations pursuant to
Government Code 66412(d).docx
PLANNING COMMISSION – October 25, 2023
DRAFT CONDITIONS OF APPROVAL
17200 Los Robles Way
Lot Line Adjustment Application M-23-001
Consider an Appeal of a Development Review Committee Decision to Approve a Lot Line
Adjustment Application in Accordance with California Government Code Section
66412(d) for Three Adjoining Lots on Property Zoned R-1:20. Located at 17200 Los
Robles Way. APNs 532-36-075, -076, and -077. Lot Line Adjustment Application M-23-
001. Statutorily Exempt from CEQA as a Ministerial Approval in Accordance with Public
Resources Code Section 21080(b)(1) (CEQA Statute) and CEQA Guidelines Section 15268.
Application is Only for Ministerial Approval of a Lot Line Adjustment Pursuant to Section
66412(d) of the Subdivision Map Act. Property Owners: Daran Goodell, Trustee and
Mark Von Kaenel. Applicant: Tony Jeans.
Appellant: Alison Steer. Project Planner: Ryan Safty.
Planning Division and Engineering Division
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT AND/OR THE DIRECTOR
OF PARKS AND PUBLIC WORKS, AS RELEVANT:
1. APPROVAL: The New Lot Line Adjustment Application (M-23-001) has been approved
(“Approval”) on this August 15th, 2023, date (“Approval Date”), subject to and including these
“Conditions of Approval” (listed herein). Any reference to the Approval shall mean and
include these Conditions of Approval, and all related application materials, environmental
determinations, and other Town determinations and findings relating to New Lot Line
Adjustment Application (M-23-001). Any proposed revisions or modifications to the
Approval shall be applied to the Community Development Department by the relevant
property owners and reviewed by the Town pursuant to Section 29.20.305 of the Town
Code. Any and all time periods for applicant action under these Conditions of Approval shall
be tolled during the pendency of any appeal of the Approval.
2. CUL-DE-SAC DEDICATIONS: To ensure the consistency of the Approval of the New Lot Line
Adjustment Application (M-23-001) with the Zoning Ordinance of the Town Code, within
ninety (90) days of the Approval Date, the property owners (individually, “Property Owner,”
collectively, “Property Owners”) of Adjusted Parcels 2 and 3 shall make irrevocable offers of
dedication of easement to the Town of the “Cul-De-Sac Area” for right-of-way purposes (as
that Cul-De-Sac Area is specifically delineated in the New Lot Line Adjustment Application
(M-23-001) materials), and to the satisfaction of the Town Engineer, to ensure compliance
with the minimum Town street frontage standards for cul-de-sacs. Within thirty (30) days of
such Property Owners dedication, the Town Engineer shall accept such dedication(s) on
behalf of the Town. Should the Approval be placed before the Town Council for
consideration and action on appeal, the Town Council shall determine whether or not to
confirm such acceptance of such dedication in addition to considering the merits of the
appeal. Failure of the Town Council to confirm acceptance of such Cul De Sac Area
dedications, and/or approval of such appeal by the Town Council, shall void the Approval.
EXHIBIT 3
3. PROOF OF RECORDATION: Assuming Condition #2 herein has been satisfied, proof of the
recordation of grant deeds reflecting the configuration of parcels permitted by the Approval
shall be provided to the Town within six (6) months of the Approval Date.
4. ENGINEERING FEES: Engineering fees associated with this New Lot Line Adjustment
Application (M-23-001) Approval (see item 270 in the Town’s Comprehensive Fee Schedule)
shall be deposited with the Engineering Division of the Parks and Public Works Department
prior to any recordation required by these Conditions of Approval.
5. NOTICE OF ARCHITECTURE & SITE APPROVAL: Notice is hereby given to the Property Owners
that any proposed disruption, development, or other related construction on, adjacent to, or
related to the Adjusted Parcels shall require environmental review to determine appropriate
CEQA compliance, review for General Plan, Specific Plan, Zoning, and Building Ordinance
compliance, and an Architectural & Site Application approval with the Community
Development Department of the Town, with related findings, considerations, and conditions
of approval in compliance with applicable Town Code.
6. TOWN INDEMNITY: Pursuant to Town Code Section 1.10.115, and the police power of the
Town to craft appropriate Conditions of Approval, the property owners securing the Original
Lot Line Adjustment Application (M-20-012) and this New Lot Line Adjustment Application
(M-23-001) Approval and their successors (collectively, “Property Owners”) shall indemnify
and hold harmless the Town for any challenge to the Approval and/or to the Original Lot Line
Adjustment Application (M-20-012), whether administrative appeal, judicial review, and/or
otherwise (collectively, “Challenge”), including without limitation and subject to the
following:
a. Generally: Regarding any such Challenge, Property Owners shall defend, indemnify, and
hold harmless the Town (any reference to “Town” shall mean and include without
limitation Town’s elected officials, appointed officials, legal counsel, agents, officers,
employees, contractors, and special legal counsel) (with legal counsel approved by
Town), from and against any Challenge.
b. Property Owners (any reference to Property Owners shall mean and include without
limitation Property Owners’ successors, legal counsel, consultants, and contractors) shall
bear any and all losses, damages, injuries, liabilities, costs and expenses (including,
without limitation, staff time and in-house attorney’s fees on a fully-loaded basis,
attorney’s fees for outside legal counsel, expert witness fees, court costs, and other
litigation expenses) arising out of or related to any Challenge (“Costs”), whether
incurred by the Property Owners, Town, or awarded to any third party, and shall pay to
the Town upon demand any Costs incurred by the Town.
c. The total of all obligations owing by the Property Owners under this Condition of
Approval #6 is collectively referred to as the “Challenge Indemnity.” No modification of
the Approval and/or the Original Lot Line Adjustment Application (M-20-012), nor any
application, permit certification, condition, environmental determination, other
approval, change in applicable laws and regulations, or change in processing methods
shall alter the Property Owners obligations pursuant to this Condition of Approval # 6.
The Town shall promptly notify the Property Owners of any such Challenge, and the
Town shall cooperate with the Property Owners as Property Owners fulfil their
obligations pursuant to this Condition of Approval # 6.
PREPARED BY: RYAN SAFTY
Associate Planner
Reviewed by: Town Attorney, Community Development Director, and Planning Manager
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872
www.losgatosca.gov
TOWN OF LOS GATOS
REPORT TO THE DEVELOPMENT
REVIEW COMMITTEE
ǣͲͺȀͳͷȀʹͲʹ͵
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DATE: August 11, 2023
TO: Development Review Committee
FROM: Joel Paulson, Community Development Director
SUBJECT: Requesting Approval of a Lot Line Adjustment Application in Accordance with
California Government Code Section 66412(d) for Three Adjoining Lots on
Property Zoned R-1:20. Located at 17200 Los Robles Way. APNs 532-36-075,
-076, and -077. Lot Line Adjustment Application M-23-001. Ministerial
Project Approval Under CEQA. Application is Only for Ministerial Approval of
Lot Line Adjustment Pursuant to Section 66412(d) of the Subdivision Map Act.
PROPERTY OWNERS: Daran Goodsell, Trustee and Mark Von Kaenel.
APPLICANT: Tony Jeans.
SUMMARY:
The “Original Lot Line Adjustment Application” was approved by the Town and challenged in
court. The “New Lot Line Adjustment Application” seeks to cure the absence of certain factual
information and the presence of certain procedural flaws in the Town’s original approval,
discussed below. The New Lot Line Adjustment Application is being processed through the
Development Review Committee as a new application. The Original Lot Line Adjustment
Application (M-20-012) will be superseded if the Town approves the New Lot Line Adjustment
Application (M-23-001).
This Staff Report to the Development Review Committee summarizes the factual aspects of the
New Lot Line Adjustment Application, presents the relevant considerations regarding the New
Lot Line Adjustment Application pursuant to the California Environmental Quality Act (CEQA),
and sets forth determinations for the Development Review Committee to consider relating to
the Subdivision Map Act’s requirements regarding lot line adjustments, as set forth in
Government Code Section 66412(d). Pursuant to Government Code Section 66412(d), in order
for the Town to approve the New Lot Line Adjustment Application, the Town must make the
following determinations:
EXHIBIT 4
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SUMMARY (continued):
1. That the lot line adjustment is between four or fewer existing adjoining parcels, where
the land taken from one parcel is added to an adjoining parcel, and where a greater
number of parcels than originally existed is not thereby created;
2. That the parcels resulting from the lot line adjustment will conform to the local general
plan;
3. That the parcels resulting from the lot line adjustment will conform to any applicable
specific plan;
4. That the parcels resulting from the lot line adjustment will conform to any applicable
coastal plan; and
5. That the parcels resulting from the lot line adjustment will conform to zoning and
building ordinances.
BACKGROUND:
The subject parcels are located at the terminus of Los Robles Way and Worcester Lane (Exhibit
1). Both the Original Lot Line Adjustment Application and the New Lot Line Adjustment
Application propose to take three adjacent parcels and reconfigure their lot lines. The existing
lot configuration has several non-conformities, all of which would be remedied with the New
Lot Line Adjustment Application; a legal, non-conforming front setback on Parcel 1 is allowed
under current Town Code, as discussed below and in the applicant’s Letter of Justification
(Exhibit 3). There is an existing residence on Parcel 1 (APN 532-36-076) that would remain, and
the other two parcels are vacant. No new construction is proposed.
On November 11, 2020, the applicant submitted the Original Lot Line Adjustment Application
for the three parcels (M-20-012). After the initial review, the applicant was informed that they
must verify the legality of Parcel 2 (APN 532-36-077) and Parcel 3 (APN 532-36-075).
On February 23, 2021, the applicant submitted Certificate of Compliance applications to verify
the legality of Parcels 2 and 3. The Town’s Consulting Surveyor reviewed the applications and
determined that the parcels were legally created per California Subdivision Map Act
66499.35(a).
On May 25, 2021, the Development Review Committee approved the Certificate of Compliance
applications. The Development Review Committee’s approval of the Certificate of Compliance
applications was not appealed. Following verification of the legality of Parcels 2 and 3, the
applicant continued with the Original Lot Line Adjustment Application.
On July 13, 2021, the Development Review Committee approved the Original Lot Line
Adjustment Application. On July 22, 2021, the decision of the Development Review Committee
was appealed to the Planning Commission by adjacent neighbors.
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BACKGROUND (continued):
On September 8, 2021, the Planning Commission denied the appeal and approved the Original
Lot Line Adjustment Application. On September 20, 2021, the decision of the Planning
Commission was appealed to the Town Council.
On November 2, 2021, the Town Council considered the appeal, considered the substantial
evidence in the record, including public testimony, and discussed the Original Lot Line
Adjustment Application. Following that discussion, the Town Council continued the matter to
the December 7, 2021, Town Council meeting, with direction for the applicant to include,
among other things, information on compliance with the General Plan, Specific Plans, Zoning
Ordinance, and Building Code.
On December 7, 2021, the Town Council made a motion to uphold the decision of the Planning
Commission and adopted a resolution denying the appeal and approving the Original Lot Line
Adjustment Application M-20-012 with findings and conditions of approval.
On March 1, 2022, a resident challenged the Town’s approval of the Original Lot Line
Adjustment Application by seeking a writ of administrative mandate to overturn the Town’s
approval.
In the course of the litigation, it became apparent that the Town had relied on the Subdivision
Map Act’s requirements regarding the approval of a tentative map instead of the Subdivision
Map Act’s requirements regarding a lot line adjustment (Government Code Section 66412(d)).
At the same time, the applicant for the Original Lot Line Adjustment Application submitted a
new application (i.e., the New Lot Line Adjustment Application M-23-001) for review in
accordance with Government Code section 66412(d) (Exhibits 3 and 4).
In light of all of this, the Town requested a stay from the court to allow the Town to process the
New Lot Line Adjustment Application in accordance with the Subdivision Map Act’s
requirements regarding lot line adjustments set forth in Government Code Section 66412(d).
The stay was granted.
Therefore, the Development Review Committee is now processing and acting on the New Lot
Line Adjustment Application M-23-001 in accordance with the Subdivision Map Act’s
requirements regarding lot line adjustments as set forth in Government Code Section 66412(d).
PROJECT DATA:
General Plan Designation: Low Density Residential
Zoning Designation: R-1:20
Applicable Plans & Standards: General Plan, Zoning Ordinance, Hillside Specific Plan
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PROJECT DATA (continued):
Surrounding Area:
DEVELOPMENT REVIEW COMMITTEE DETERMINATIONS:
CEQA DETERMINATIONS
Staff presents the following relevant aspects of the New Lot Line Adjustment Application M-23-
001 and its compliance with CEQA for Development Review Committee consideration:
1. The New Lot Line Adjustment Application M-23-001 does not include any additional
requests for other Town permits, approvals, or entitlements, whether discretionary or
ministerial. Instead, the New Lot Line Adjustment Application involves only the
proposed lot line adjustment of three existing and adjoining parcels identified as APN
532-36-075, -076, and -077 (collectively, the “Existing Parcels”), which, after adjustment,
will result in three adjoining parcels with newly adjusted lot lines (collectively, the
“Adjusted Parcels”), which New Lot Line Adjustment Application will be reviewed and
acted on by the Town pursuant to the California Subdivision Map Act, California
Government Code section 66410 et seq. (“Map Act”).
2. Pursuant to California Public Resources Code section 21080(b)(1) (and corresponding
California Code of Regulations), CEQA does not apply to, “Ministerial projects proposed
to be carried out or approved by public agencies.” Likewise, Title 14. California Code of
Regulations, Chapter 3, Guidelines for Implementation of the California Environmental
Quality Act (“CEQA Guidelines”) Section 15268 provides that, “Ministerial projects are
exempt from the requirements of CEQA.” CEQA Guidelines section 15268 further
provides that when there is an absence of any discretionary provisions in the law
establishing the requirements of the approval - in this case, the Map Act’s Government
Code section 66412(d) mandates governing lot line adjustments approvals – the law
shall be presumed to be ministerial. Additionally, CEQA Guidelines section 15369
defines “ministerial” as a public agency's decisions, “involving little or no personal
judgment by the public official as to the wisdom or manner of carrying out the project.
Existing Land Use General Plan Zoning
North Residential Low Density Residential R-1:8
South Residential, Open Space Low Density Residential, Open Space R-1:10
East Residential Low Density Residential R-1:8, R-1:10
West Residential Low Density Residential R-1:8, R-1:20
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DEVELOPMENT REVIEW COMMITTEE DETERMINATIONS (continued):
The public official merely applies the law to the facts as presented but uses no special
discretion or judgment in reaching a decision. A ministerial decision involves only the
use of fixed standards or objective measurements, and the public official cannot use
personal, subjective judgment in deciding whether or how the project should be carried
out.”
In considering the New Lot Line Adjustment Application, Map Act section 66412(d)
mandates that the Town – and its Development Review Committee – shall ensure that
the proposed lot line adjustment is between four or fewer existing adjoining parcels,
where the land taken from one such parcel is added to an adjoining such parcel, and
where a greater number of parcels than originally existed is not thereby created. Map
Act section 66412(d) further mandates that the Town – and its Development Review
Committee – limit its review and approval, “to a determination of whether or not the
parcels resulting from the lot line adjustment will conform to the local general plan, any
applicable specific plan, any applicable coastal plan, and zoning and building
ordinances.”
3. In so limiting the Town’s review, Government Code Section 66412(d) describes a
prototypical ministerial approval process, where the fixed approval standards delineate
objective approval criteria that simply require the Development Review Committee to
make certain factual determinations regarding the number of parcels involved, whether
they are adjoining, whether they are four or fewer in number, whether a greater
number of parcels are created than were existing (after adjustment), and whether the
resulting parcels conform to local law – e.g., general plan, specific plan, any coastal plan,
and building and zoning code provisions—given the facts presented in the New Lot Line
Adjustment Application. As such, as set forth in the entirety of the administrative
record, there are no other Town permits, approvals, or entitlements, whether
discretionary or ministerial, being requested; the New Lot Line Adjustment Application
M-23-001 involves only the proposed lot line adjustment of the three adjoining Existing
Parcels into the new parcel configuration of the three adjoining Adjusted Parcels
pursuant to the lot line provisions of the Map Act; the Development Review
Committee's review of the New Lot Line Adjustment Application is limited to
determining whether the New Lot Line Adjustment Application conforms with the
requirements of the Map Act regarding lot line adjustments and applicable Town plans,
ordinances, and regulations, and therefore the Development Review Committee has no
ability to exercise discretion to mitigate environmental impacts; and as such, the Town
and its Development Review Committee consideration of, and action on, the New Lot
Line Adjustment Application is a ministerial project proposed to be carried out or
approved by the Town, and therefore is exempt from the requirements of CEQA.
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DEVELOPMENT REVIEW COMMITTEE DETERMINATIONS (continued):
GOVERNMENT CODE SECTION 66412(d) DETERMINATIONS:
Staff presents the following relevant aspects of the New Lot Line Adjustment Application M-23-
001 and its compliance with the Subdivision Map Act’s provisions regarding lot line adjustments
as set forth in Government Code Section 66412(d) for Development Review Committee
consideration:
1. That the New Lot Line Adjustment Application M-23-001 is between four or fewer existing
adjoining parcels, where the land taken from one parcel is added to an adjoining parcel,
and where a greater number of parcels than originally existed is not thereby created;
Approval of the New Lot Line Adjustment Application M-23-001 is in compliance with
Government Code Section 66412(d) because the approval of the New Lot Line Adjustment
Application will result in the three adjoining Existing Parcels having land taken from and
added to said Existing Parcels resulting in three adjoining Adjusted Parcels, thereby
involving a situation where a greater number of parcels than originally existed is not
thereby created by approval of the New Lot Line Adjustment Application, and where no
more than four existing parcels are the subject of the New Lot Line Adjustment Application.
2. That the parcels resulting from the New Lot Line Adjustment Application M-23-001 will
conform to the local general plan;
Approval of the New Lot Line Adjustment Application M-23-001 is in compliance with
Government Code Section 66412(d) because the approval of the New Lot Line Adjustment
Application will result in the three adjoining Adjusted Parcels being in conformance with the
entirety of the Town of Los Gatos General Plan, including without limitation, the following
General Plan provisions:
a. The General Plan designates the Existing Parcels and Adjusted Parcels as “Low Density
Residential,” with an allowed density range of zero to five residential units per acre and
provides for single-family residential properties. Adjusted Parcel 1 would be
approximately 62,172 square feet in size, has an existing house developed on it, and
therefore is consistent with the General Plan’s density range of zero to five residential
units per acre and its allowance for single-family residential use. Any development of
Adjusted Parcels 2 and 3 (they are currently vacant) would be required to comply with
all provisions of the General Plan. As discussed below, Adjusted Parcels 2 and 3 are of a
size consistent with the General Plan, as well as the Zoning mandated by the General
Plan. There are several Zoning classifications (Zoning consistency is discussed in greater
detail in later parts of this Report) that are consistent with the General Plan applicable
to the Existing Parcels and Adjusted Parcels – each are Single-Family Residential zones
and each permits a single-family dwelling unit on each legal parcel. These Zones reflect
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DEVELOPMENT REVIEW COMMITTEE DETERMINATIONS (continued):
the General Plan density range of zero to five residential units per acre: R-1:8 (8,000-
square foot minimum parcel size - allowing a maximum of approximately five residential
units per acre ); R-1:10 (10,000-square foot minimum - allowing a maximum of
approximately four residential units per acre); R-1:12 (12,000-square foot minimum -
allowing a maximum of approximately three residential units per acre); R-1:15 (15,000-
square foot minimum – allowing a maximum of approximately two residential units per
acre); R-1:20 (20,000-square foot minimum – allowing a maximum of approximately two
residential units per acre); and R-1:30 (30,000-square foot minimum – allowing a
maximum of approximately one residential unit per acre). The Adjusted Parcels in the
New Lot Line Adjustment Application are zoned R-1:20 (20,000-square foot minimum -
allowing a maximum of approximately two residential units per acre), and each Adjusted
Parcel is greater than 20,000 square feet, revealing consistency with the R-1:20 Zone,
and in turn, therefore revealing the consistency of the Adjusted Parcels in the New Lot
Line Adjustment Application with the density provisions of the General Plan. Again, one
residential unit already exists on Adjusted Parcel 1, and Adjusted Parcels 2 and 3 are
both greater than 20,000 square feet, allowing one future single-family residential
dwelling unit on each parcel if pursued in the future (speculative at this point), equating
to a potential future density consistent to that allowed by the General Plan.
b. General Plan Community Design Goal CD-2 states the following: “To limit the intensity of
new development to a level that is consistent with surrounding development and with
the Town at large.” The surrounding neighborhood (200 feet from the subject parcels)
consists of Single-Family Residential Zoned properties consisting of R-1:8, R-1:10, and R-
1:20 zoning classifications and all have a Low Density Residential General Plan
designation. The neighboring parcels range in size from approximately 6,944 square
feet to 40,510 square feet. The Adjusted Parcel sizes would be approximately: 62,172
square feet for Adjusted Parcel 1; 27,073 square feet for Adjusted Parcel 2; and 44,925
square feet for Adjusted Parcel 3. As discussed, Parcel 1 is already developed with a
home. Adjusted Parcels 2 and 3 are vacant. If in the future each vacant Adjusted Parcel
were developed with one single-family residence, each such Adjusted Parcel would be
consistent with the intensity of surrounding development.
3. That the parcels resulting from the New Lot Line Adjustment Application M-23-001 will
conform to any applicable specific plans;
Approval of the New Lot Line Adjustment Application M-23-001 is in compliance with
Government Code Section 66412(d) because the approval of the New Lot Line Adjustment
Application will result in the three adjoining Adjusted Parcels being in conformance with the
entirety of the Town’s Hillside Specific Plan, including without limitation, the following
Hillside Specific Plan provisions:
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DEVELOPMENT REVIEW COMMITTEE DETERMINATIONS (continued):
a. The Town’s Hillside Specific Plan contains density provisions for certain “Sub-Areas”;
however, the subject parcels in the New Lot Line Adjustment Application are not located
within any of the Sub-Areas. Density for properties outside of the Sub-Areas are set in
the General Plan (discussed above) and further regulated by the Zoning Ordinance
(discussed below). All other goals, policies, and provisions of the Town’s Hillside Specific
Plan relate to construction and subdivision applications, which are not present with the
current New Lot Line Adjustment Application. No construction is proposed with this
New Lot Line Adjustment Application. Any future construction would be required to
comply with the Town’s Hillside Specific Plan.
4. That the parcels resulting from the New Lot Line Adjustment Application M-23-001 will
conform to any applicable coastal plan;
Approval of the New Lot Line Adjustment Application M-23-001 is in compliance with
Government Code Section 66412(d) because the Town has no applicable coastal plan for
the New Lot Line Adjustment Application (and Adjusted Parcels) to be in conformance with.
5. That the parcels resulting from the New Lot Line Adjustment M-23-001 will conform to
zoning and building ordinances;
Approval of the New Lot Line Adjustment Application M-23-001 is in compliance with
Government Code Section 66412(d) because the approval of the New Lot Line Adjustment
Application will result in the three adjoining Adjusted Parcels being in conformance with the
entirety of the Town’s Zoning and Building Ordinances, including without limitation, the
following provisions:
a. The Town’s Zoning Ordinance Section 29.40.395 establishes a minimum lot size of
20,000 square feet for properties zoned R-1:20. The Adjusted Parcels in the New Lot
Line Adjustment Application would comply with minimum lot size requirement as
follows: Parcel 1 would have a lot size of approximately 62,172 square feet; Parcel 2
would have a lot size of approximately 27,073 square feet; and Parcel 3 would have a lot
size of approximately 44,925 square feet. See tables below for more details on Existing
Parcel configuration and Adjusted Parcel configuration in relation to Zoning Code
compliance for minimum lot size.
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DEVELOPMENT REVIEW COMMITTEE DETERMINATIONS (continued):
b. The Town’s Zoning Ordinance Section 29.40.400 establishes a minimum street frontage
of 100 feet for properties zoned R-1:20, and 30 feet for R-1:20 properties fronting on a
cul-de-sac bulb. Town Code Section 29.40.400 does not mandate that the cul-de-sac
street frontage be along a paved roadway. Instead, Section 29.10.020 of the Town Code
defines lot frontage as, “the property line of a lot abutting on a street, which affords
access to a lot other than the side line of a corner lot. On a corner lot either property
line on a street may be determined to be the frontage.” Town Code Section 29.10.020
then defines a street as, “any thoroughfare for the motor vehicle travel which affords
the principal means of access to abutting property, including public and private rights-
of-way and easements.” Therefore, street frontage would need, at a minimum,
frontage on a right-of-way or easement to comply with Town Code. The applicant has
suggested a future cul-de-sac at the terminus of Worcester Lane for Parcels 2 and 3. To
accomplish this, the applicant is proposing a dedication of land as an easement for cul-
de-sac right-of-way purposes, which is included as Condition of Approval #2 (Exhibit 2)
and noted in Exhibit 4. Once this condition of approval is complied with and the Town
accepts dedication of this area for the future cul-de-sac at the terminus of Worcester
Lane, the Adjusted Parcels in the New Lot Line Adjustment Application comply with
minimum street frontage as follows: Parcel 1 would have approximately 242 feet of
frontage on the Los Robles Way right-of-way where 100 feet is required; Parcel 2 would
have approximately 40 feet of frontage on a cul-de-sac bulb easement at the terminus
of Worcester Lane where 30 feet is required; and Parcel 3 would have approximately 60
feet of frontage on a cul-de-sac bulb easement at the terminus of Worcester Lane
where 30 feet is required. See tables below for more details on Existing Parcel
configuration and Adjusted Parcel configuration in relation to Zoning Code compliance
for minimum street frontage.
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DEVELOPMENT REVIEW COMMITTEE DETERMINATIONS (continued):
c. The Town’s Zoning Ordinance Section 29.40.400 establishes a minimum lot depth of 140
feet for properties zoned R-1:20. The Adjusted Parcels in the New Lot Line Adjustment
Application would comply with the minimum lot depth requirement as follows: Parcel 1
would have a lot depth of approximately 323 feet; Parcel 2 would have a lot depth of
approximately 194 feet; and Parcel 3 would have a lot depth of approximately 258 feet.
See tables below for more details on Existing Parcel configuration and Adjusted Parcel
configuration in relation to Zoning Code compliance for minimum lot depth.
d. The Town’s Zoning Ordinance Section 29.40.400(1) establishes a minimum lot width of
60 feet for R-1:20 parcels fronting on a cul-de-sac bulb. Adjusted Parcels 2 and 3 in the
New Lot Line Adjustment Application would have frontage on a cul-de-sac bulb and
comply with the minimum lot width requirement as follows: Parcel 2 would have a lot
width of approximately 155 feet; and Parcel 3 would have a lot width of approximately
217 feet. See tables below for more details on Existing Parcel configuration and
Adjusted Parcel configuration in relation to Zoning Code compliance for minimum lot
width for properties fronting on a cul-de-sac bulb.
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DEVELOPMENT REVIEW COMMITTEE DETERMINATIONS (continued):
e. The Town’s Zoning Ordinance Section 29.40.405(a) establishes minimum setback
standards for R-1:20 properties of 30 feet in the front yard, 15 feet in the side yard, and
25 feet in the rear yard. There is one existing residence located in the Existing Parcels
that is proposed to remain on the Adjusted Parcels on Parcel 1. The residence on
Adjusted Parcel 1 within the New Lot Line Adjustment Application would have a front
setback of approximately zero feet, side setbacks of approximately 43 feet and 90 feet,
and a rear setback of approximately 200 feet. The zero-foot front setback is an existing,
legal, non-conforming configuration that is allowed to continue by current Town law
and would not change with the Adjusted Parcels New Lot Line Adjustment Application.
The front setback on Parcel 1 is legal, non-conforming because the Town Code
“grandfathers” such structures. According to the Santa Clara County Assessor’s Office,
the residence on Parcel 1 was built in 1938, at which time the property was not annexed
into the Town as the Town’s 1943 Zoning Map (five years after the construction date)
does not include these properties. Because the 1943 Zoning Map does not show the
property, Town staff has concluded that it was annexed sometime after 1943, and thus
after the construction date of 1938. Town Code Section 29.10.020 defines a
nonconforming building as, “a building which was lawfully erected but under the terms
of this chapter is too close to a property line, too close to a street, too high, covers too
much of lot or is of a wrong type.” Pursuant to Town Code Section 29.10.180(a), one of
the ways a building or use becomes nonconforming is because of annexation of territory
to the Town. Because the existing residence on Parcel 1 is considered “nonconforming”
pursuant to Town Code Section 29.10.180(a) as the residential building was lawfully
erected and become nonconforming after annexation, the residence is not considered
“unlawful” or a “nuisance” pursuant to Town Code Section 29.10.185 and can therefore
remain. Although no modifications are proposed to the existing nonconforming
residential building, Town Code Section 29.10.245(e)(1) would allow expansion or
reconstruction of an existing nonconforming building that is too close to the property
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DEVELOPMENT REVIEW COMMITTEE DETERMINATIONS (continued):
line as long as it does not become nearer to a property line than the existing building is
to that property line. Pursuant to Town Code Sections 29.10.020, 29.10.180(a),
29.10.185, and 29.10.245(e)(1), although the residential building on Adjusted Parcel 1 is
determined to be non-conforming, it is nonetheless allowed under the current Town
Code because such non-conformity is not proposed to worsen: the front setback of
Existing Parcel 1 and the front setback of Adjusted Parcel 1 will be identical. See tables
below for more details on Existing Parcels configuration and Adjusted Parcels
configuration in relation to Zoning Code compliance for minimum building setbacks.
f. The Town’s Zoning Ordinance Section 29.40.075 and Chapter IV of the Town’s Hillside
Development Standards and Guidelines establish maximum allowed floor area for
residential zones with average parcel slopes greater than 10 percent. Floor area
requirements can only be analyzed for Parcel 1 in the New Lot Line Adjustment
Application, as Parcel 1 is the only parcel that would contain existing built floor area.
The maximum allowed floor area for Parcel 1 in the Adjusted Parcels configuration
would be 6,000 square feet. The existing 2,715-square foot residence on Parcel 1 would
comply with the maximum allowed floor area of the Adjusted Parcels configuration
because it is less than 6,000 square feet. While development is not proposed on Parcels
2 and 3, they would allow an average sized residence in relation to the surrounding
neighborhood as shown in the table below. See tables below for more details on
Existing Parcel configuration and Adjusted Parcel configuration in relation to Zoning
Code compliance for maximum allowed floor area.
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DEVELOPMENT REVIEW COMMITTEE DETERMINATIONS (continued):
In summary, the Adjusted Parcels within the New Lot Line Adjustment Application M-23-001
are in conformance with applicable provisions of the Town’s Zoning Ordinance because the
Adjusted Parcels each comply with minimum lot size, minimum street frontage, minimum
lot depth, minimum lot width for parcels fronting on a cul-de-sac bulb, minimum setback
standards, and maximum allowed floor area ratio standards.
Approval of the New Lot Line Adjustment Application M-23-001 is in compliance with
Government Code Section 66412(d) because the Town’s Building Ordinance would be
complied with as the New Lot Line Adjustment Application does not propose any
construction or grading activities. The Town’s Building Ordinance in Chapter 6 of the Town
Code was adopted to administer the California Building Code, including local amendments.
“The California Building Code (CBC) contains general building design and construction
requirements relating to fire and life safety, structural safety, and access compliance. CBC
provisions provide minimum standards to safeguard life or limb, health, property and public
welfare by regulating and controlling the design, construction, quality of materials, use and
occupancy, location and maintenance of all building and structures and certain equipment.”
The existing residential structure on Adjusted Parcel 1 meets the Town’s Building Ordinance
and Building Code provisions relating to existing structures that were built to then-
applicable Building Code requirements. Any future proposed modifications to that existing
structure would be required to meet the then-current Town’s Building Ordinance and
Building Code provisions. No construction currently exists on or is proposed for Adjusted
Parcel 2 or Adjusted Parcel 3. Any future proposal for residential construction on any of the
Adjusted Parcels would be required to meet the then-current Town’s Building Ordinance
and Building Code requirements. Therefore, the New Lot Line Adjustment Application is in
conformance with the Town’s Building Ordinance and Building Code requirements.
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CONCLUSION:
A. Summary
The applicant is requesting that the Town approve its New Lot Line Adjustment Application
M-23-001 in accordance with Government Code Section 66412(d) of the Subdivision Map
Act. The New Lot Line Adjustment Application would reconfigure the Existing Parcels so
that they are in conformance with (comply) with all applicable Town Code requirements,
including the front setback requirement on Parcel 1, which is legal, non-conforming, and
allowed, as discussed above. No construction is proposed with this New Lot Line
Adjustment Application. The determinations pursuant to Government Code Section
66412(d) can all be made as discussed in this Report.
B. Recommendation
For all of the reasons set forth in this Staff Report, the New Lot Line Adjustment Application
M-23-001, and all related materials and attachments, Staff recommends that the
Development Review Committee make a motion to confirm the following determinations
and actions to approve New Lot Line Adjustment Application M-23-001 for consideration
under Section 66412(d) of the Subdivision Map Act:
1. That approval of New Lot Line Adjustment Application M-23-001 (and its related
Conditions of Approval and materials) is a ministerial project approval under CEQA;
2. That the determinations presented in this Staff Report regarding compliance with
Section 66412(d) of the Subdivision Map Act are hereby adopted and confirmed;
3. That the New Lot Line Adjustment Application, with the Draft Conditions of Approval
contained in Exhibit 2, the diagram showing existing and proposed parcel configurations
in Exhibit 4, and all other related materials and attachments, is hereby approved by the
Development Review Committee (the “Approval”); and.
4. That this Approval supersedes the Town’s approval of the Original Lot Line Adjustment
Application (M-20-012).
ACTION:
The decision of the Development Review Committee is final unless appealed within ten days.
EXHIBITS:
1. Location Map
2. Draft Conditions of Approval
3. Applicant’s Letter of Justification
4. Diagram of Existing and Proposed Parcel Configurations
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DEVELOPMENT REVIEW COMMITTEE – August 15, 2023
CONDITIONS OF APPROVAL
17200 Los Robles Way
New Lot Line Application M-23-001
Requesting Approval of a Lot Line Adjustment Application in Accordance with
California Government Code Section 64412(d) for Three Adjoining Lots on Properties
Zoned R-1:20. APNs 532-36-075, -076, and -077.
Ministerial Project Approval Under CEQA. Application is Only for Ministerial Approval
of Lot Line Adjustment Pursuant to Section 66412(d) of the Subdivision Map Act.
PROPERTY OWNERS: Daren Goodsell, Trustee and Mark Von Kaenel.
APPLICANT: Tony Jeans.
Planning Division and Engineering Division
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT AND/OR THE DIRECTOR
OF PARKS AND PUBLIC WORKS, AS RELEVANT:
1. APPROVAL: The New Lot Line Adjustment Application (M-23-001) has been approved
(“Approval”) on this August 15th, 2023, date (“Approval Date”), subject to and including these
“Conditions of Approval” (listed herein). Any reference to the Approval shall mean and
include these Conditions of Approval, and all related application materials, environmental
determinations, and other Town determinations and findings relating to New Lot Line
Adjustment Application (M-23-001). Any proposed revisions or modifications to the
Approval shall be applied to the Community Development Department by the relevant
property owners and reviewed by the Town pursuant to Section 29.20.305 of the Town
Code. Any and all time periods for applicant action under these Conditions of Approval shall
be tolled during the pendency of any appeal of the Approval.
2. CUL-DE-SAC DEDICATIONS: To ensure the consistency of the Approval of the New Lot Line
Adjustment Application (M-23-001) with the Zoning Ordinance of the Town Code, within
ninety (90) days of the Approval Date, the property owners (individually, “Property Owner,”
collectively, “Property Owners”) of Adjusted Parcels 2 and 3 shall make irrevocable offers of
dedication of easement to the Town of the “Cul-De-Sac Area” for right-of-way purposes (as
that Cul-De-Sac Area is specifically delineated in the New Lot Line Adjustment Application
(M-23-001) materials), and to the satisfaction of the Town Engineer, to ensure compliance
with the minimum Town street frontage standards for cul-de-sacs. Within thirty (30) days of
such Property Owners dedication, the Town Engineer shall accept such dedication(s) on
behalf of the Town. Should the Approval be placed before the Town Council for
consideration and action on appeal, the Town Council shall determine whether or not to
confirm such acceptance of such dedication in addition to considering the merits of the
appeal. Failure of the Town Council to confirm acceptance of such Cul De Sac Area
dedications, and/or approval of such appeal by the Town Council, shall void the Approval.
3. PROOF OF RECORDATION: Assuming Condition #2 herein has been satisfied, proof of the
recordation of grant deeds reflecting the configuration of parcels permitted by the Approval
shall be provided to the Town within six (6) months of the Approval Date.
EXHIBIT 2
4. ENGINEERING FEES: Engineering fees associated with this New Lot Line Adjustment
Application (M-23-001) Approval (see item 270 in the Town’s Comprehensive Fee Schedule)
shall be deposited with the Engineering Division of the Parks and Public Works Department
prior to any recordation required by these Conditions of Approval.
5. NOTICE OF ARCHITECTURE & SITE APPROVAL: Notice is hereby given to the Property Owners
that any proposed disruption, development, or other related construction on, adjacent to, or
related to the Adjusted Parcels shall require environmental review to determine appropriate
CEQA compliance, review for General Plan, Specific Plan, Zoning, and Building Ordinance
compliance, and an Architectural & Site Application approval with the Community
Development Department of the Town, with related findings, considerations, and conditions
of approval in compliance with applicable Town Code.
6. TOWN INDEMNITY: Pursuant to Town Code Section 1.10.115, and the police power of the
Town to craft appropriate Conditions of Approval, the property owners securing the Original
Lot Line Adjustment Application (M-20-012) and this New Lot Line Adjustment Application
(M-23-001) Approval and their successors (collectively, “Property Owners”) shall indemnify
and hold harmless the Town for any challenge to the Approval and/or to the Original Lot Line
Adjustment Application (M-20-012), whether administrative appeal, judicial review, and/or
otherwise (collectively, “Challenge”), including without limitation and subject to the
following:
a. Generally: Regarding any such Challenge, Property Owners shall defend, indemnify, and
hold harmless the Town (any reference to “Town” shall mean and include without
limitation Town’s elected officials, appointed officials, legal counsel, agents, officers,
employees, contractors, and special legal counsel) (with legal counsel approved by
Town), from and against any Challenge.
b. Property Owners (any reference to Property Owners shall mean and include without
limitation Property Owners’ successors, legal counsel, consultants, and contractors) shall
bear any and all losses, damages, injuries, liabilities, costs and expenses (including,
without limitation, staff time and in-house attorney’s fees on a fully-loaded basis,
attorney’s fees for outside legal counsel, expert witness fees, court costs, and other
litigation expenses) arising out of or related to any Challenge (“Costs”), whether
incurred by the Property Owners, Town, or awarded to any third party, and shall pay to
the Town upon demand any Costs incurred by the Town.
c. The total of all obligations owing by the Property Owners under this Condition of
Approval #6 is collectively referred to as the “Challenge Indemnity.” No modification of
the Approval and/or the Original Lot Line Adjustment Application (M-20-012), nor any
application, permit certification, condition, environmental determination, other
approval, change in applicable laws and regulations, or change in processing methods
shall alter the Property Owners obligations pursuant to this Condition of Approval # 6.
The Town shall promptly notify the Property Owners of any such Challenge, and the
Town shall cooperate with the Property Owners as Property Owners fulfil their
obligations pursuant to this Condition of Approval # 6.
T.H.I.S.DESIGN & DEVELOPMENT P.O.Box 1518, Los Gatos, CA 95031
Tel: 408.354.1863 Fax: 408.354.1823
Town of Los Gatos
110E Main St,
Los Gatos CA 95030
Attn: Planning/Engineering
June 2nd, 2023
17200 Los Robles Way, Los Gatos
Application M 23-001
This application is made as a correction to the previous LLA application M 20-012 at this
address, asking the Town modify its prior approval of the LLA and to consider the LLA
application under Government Code Section 66412, subsection (d).
The Property:
The Property comprises 3 legal parcels of land in the R1:20 zoning district [as
Identified by the Certificate of Compliance approved by the Town on May 25th,
2021] initially referred to as APNs: 532-36/075/6/7. They are presently accessed
from the end of Los Robles Way and total approximately 3 Acres. The General
Plan designation is for Low Density Residential. The overall slope of the combined
3 lots is 26%. At the moment there is one very dilapidated 1800 sq ft house on the
entire property with an empty swimming pool. The house is on a septic system.
On June 7th, 2021 Mark VonKaenel purchased two of the Parcels.
The Parcel Configuration:
532-36-075 is traversed by a portion of Los Robles Way with 205 ft of frontage
[considering both sides] on the right-of-way. It also has 19 ft of frontage at the
termination of Worcester Lane.
532-36-076 is at the terminus of Los Robles Way with 37’ of frontage. It also has
42 ft of frontage at the termination of Worcester Lane.
532-36-077 has no improved street access at present, but rather is accessed
across APN 532-36-076 by its owner.
The Proposed LLA Solution:
It is proposed to reconfigure the 3 parcels to make them compliant with the Town
Standards for the zoning district. They would be 1½, 1 and ½ acres in size. In doing
so, the plan is to access only one of the resulting parcels from Los Robles Way and
the other 2 from a cul-de-sac at Worcester Lane. In addition to improving the
compatibility of the 3 parcels themselves, it will bring the street frontages for the
three resulting lots into compliance with the General Plan and zoning ordinance.
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LT
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532-36-077
532-36-075
532-36-076
532-36-077
532-36-076
532-36-075
EXISTING POOL
AND RESIDENCE
WORCESTER LANE
ACCESS LOCATION
LOS ROBLES WAY
ACCESS LOCATION
PREPARED BY: RYAN SAFTY
Associate Planner
Reviewed by: Planning Manager and Community Development Director
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www.losgatosca.gov
TOWN OF LOS GATOS
REPORT TO THE DEVELOPMENT
REVIEW COMMITTEE
MEETING DATE: 08/15/2023
ITEM NO: 2
DESK ITEM
DATE: ƵŐƵƐƚϭϱ͕ϮϬϮϯ
TO: Development Review Committee
FROM: Joel Paulson, Community Development Director
SUBJECT: Requesting Approval of a Lot Line Adjustment Application in Accordance with
California Government Code Section ϲϲϰϭϮ;ĚͿ for Three Adjoining Lots on
Property Zoned R-ϭ͗ϮϬ͘>ŽĐĂƚĞĚĂƚϭϳϮϬϬ>ŽƐZŽďůĞƐtĂLJ͘WEƐϱϯϮ-36-Ϭϳϱ͕
-Ϭϳϲ͕ĂŶĚ-Ϭϳϳ͘Lot Line Adjustment Application M-Ϯϯ-001. Ministerial
Project Approval Under CEQA. Application is Only for Ministerial Approval of
>Žƚ>ŝŶĞĚũƵƐƚŵĞŶƚWƵƌƐƵĂŶƚƚŽ^ĞĐƚŝŽŶϲϲϰϭϮ;ĚͿŽĨƚŚĞ^ƵďĚŝǀŝƐŝŽŶDĂƉĐƚ͘
WZKWZdzKtEZ^: Daran Goodsell, Trustee and Mark Von Kaenel.
APPLICANT: Tony Jeans.
Remarks:
Exhibit 5 includes public comment received prior to the August 15, ϮϬϮϯ͕ Development Review
Committee meeting.
EXHIBITS:
Previously received with the ƵŐƵƐƚϭϱ͕ϮϬϮϯ͕Report to the Development Review Committee:
1. Location Map
Ϯ͘ Draft Conditions of Approval
3. Applicant’s Letter of Justification
ϰ͘ Diagram of Existing and Proposed Parcel Configurations
Received with this Desk Item Report:
5. Public Comments received prior tŽƵŐƵƐƚϭϱ͕ϮϬϮϯ.
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Intentionally
Left Blank
From:
To:Ryan Safty
Cc:
Subject:APNs 532-36-075, -06, -077
Date:Monday, August 14, 2023 7:26:49 AM
[EXTERNAL SENDER]
Dear Mr Safty,
We are unable to attend the DRC meeting on Tuesday August 15th
discussing ministerial approval of the lot line adjustment for APNs
532-36-075, -06, -077. As we presented at previous town council
meetings, we object to this approval due to the fire and flood risk, as
well as privacy concerns to our property. We live adjacent to the lot,
on . Our primary concern is the water run-off
issues coming from the lot as, despite our significant and costly
efforts to prevent it, our property is consistently flooded during rains
by water coming off the hill on the lots in question. This will certainly
be exacerbated by increasing the buildable plots from two to three.
Access to the lots in question have always been from Los Robles Way,
the addition of driveways through a new access from Worcester lane
will also lead to the removal of many trees (California Oak and
otherwise) that affect our view and privacy as well as having the
potential to increase fire risk. The General Plan Vision Statement
states that "the impacts of new development must be evaluated in
light of the development’s overall benefit to the community, and that
input from surrounding residents and property owners is a major
consideration during any development review process". We have
continued to voice our opposition to this project. We appreciate your
attention to our concerns.
Sincerely, Gianfranco and Eileen de Feo , Los
Gatos CA.
y,//dϱ
From:
To:Ryan Safty
Subject:DRC meeting on Tuesday
Date:Sunday, August 13, 2023 5:32:33 PM
[EXTERNAL SENDER]
Dear Mr. Safty,
We will not be able to attend the DRC meeting on Tuesday morning. We wanted to voice our strong disagreement
with the town's plan to reapprove the DRC for 17200 Los Robles Way LLA. This LLA violates the towns own
General Plan in many ways. This plan allows several trees to be cut down, the habitat for the local wildlife will be
effected, it does not protect the privacy of several of the neighbors and the seismic considerations have not been
taken into consideration.
Also, by allowing several properties to be built and extending Worcester Lane it further cuts into the hillside risking
erosion and possible land slides. We feel that the town is showing a preference to one builder and going against its
own rules and standards set up by the General Plan.
Thank you for your time,
Los Gatos, Ca 95030
From:
To:Ryan Safty
Cc:Corvell Sparks; James Watson; Gary Heap; Jennifer Armer
Subject:FW: 17200 Los Robles - Right of Way
Date:Monday, August 14, 2023 6:48:08 PM
Attachments:image001.png
Map Subdivision XM48.pdf
Map RoS 579M33 End Los Robles Lt.pdf
Map RoS 580M20 End Los Robles Rt.pdf
Property Records - 17200 Los Robles Way.pdf
[EXTERNAL SENDER]
Hi Ryan,
The terminus of Los Robles Way as documented was at the corner of the original lots 15 and
16. How could there be documentation of vacating a portion of Los Robles Way that never
existed?
I am looking for clear documentation as to when Los Robles Way was extended across APN
532-36-075 and became a public ROW.
Thanks
From: Ryan Safty <RSafty@losgatosca.gov>
Date: Monday, August 14, 2023 at 3:47 PM
To:
Cc: Corvell Sparks <CSparks@losgatosca.gov>, James Watson <JWatson@losgatosca.gov>,
Gary Heap <GHeap@losgatosca.gov>, Jennifer Armer <JArmer@losgatosca.gov>
Subject: RE: 17200 Los Robles - Right of Way
Hi
I have copied Parks and Public Works to this email. PPW, please add on to this response if I have
missed anything.
Regarding Los Robles Way right-of-way, the Town does not have any record of vacating any
portion of Los Robles Way, which means that the portion that is shown on the subject parcels is a
public right-of-way.
Regarding the future Worcester Lane cul-de-sac, the applicant is offering the area as an easement
dedication for future right-of-way purposes, meaning that the property owners would have to
maintain any future cul-de-sac that is developed at this location.
Respectfully,
Ryan Safty භ Associate Planner
Community Development Department භ 110 E. Main Street, Los Gatos CA 95030
Ph: 408.354.6802 භ rsafty@losgatosca.gov
www.losgatosca.gov භ https://www.facebook.com/losgatosca
COMMUNITY DEVELOPMENT HOURS:
Counter Hours: 8:00 AM – 1:00 PM, Monday – Friday/
Phone Hours: 8:00 AM – 5:00 PM, Monday – Friday
All permit submittals are to be done online via our Citizen’s Portal platform. All other services can be
completed at the counter. For more information on permit submittal, resubmittal, and issuance, please visit
the Building and Planning webpages.
CONFIDENTIALITY DISCLAIMER
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.
3 Think Green, please consider the environment before printing this e-mail.
From:
Sent: Monday, August 14, 2023 12:01 PM
To: Ryan Safty <RSafty@losgatosca.gov>
Subject: 17200 Los Robles - Right of Way
[EXTERNAL SENDER]
Hi Ryan,
I am interested in when the vacated right of way became a public ROW. Do you have
documentation that this is a public road maintained by the town?
In the DRC and planning commission staff reports, you had mentioned the frontage for
parcel 1 was non-conforming:
https://mccmeetingspublic.blob.core.usgovcloudapi.net/losgatos-meet-
6d032661823f4cb6a9943f7c6ddbc3e8/ITEM-Attachment-004-
7b105ec1a90c4d92813496a1a0becb0c.pdf
It appears the interpretation of frontage has now been changed by the Town.
Please share documentation that this is actually a public ROW.
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From:
To:Ryan Safty
Cc:Jennifer Armer; Gabrielle Whelan
Subject:Re: Frontage from Los Robles Way
Date:Monday, August 14, 2023 5:45:23 PM
Attachments:image001.png
Property Records - 17200 Los Robles Way.pdf
[EXTERNAL SENDER]
Hello Ryan,
Regardless of the language lot merger ordinance, the DRC assignment of duties say they SHALL determine when lots have merged, and there has been no evidence of this
review by the DRC, and the random application of the ordinance seems egregious at best.
In any case, my lawyer has provided the arguments why this cannot be a ministerial review. As a data point, even the interpretation of the law is correct by the Town of
Woodside in this ruling:
https://www.woodsidetown.org/sites/default/files/fileattachments/architectural_and_site_review_board_asrb/meeting/23951/agenda_item_no._2_145_old_la_honda_road.pdf
I will see you all at the meeting tomorrow,
Sincerely,
On Mon, Aug 14, 2023 at 5:17ௗPM Ryan Safty <RSafty@losgatosca.gov> wrote:
Hi
Thank you for your email. I’m doing my best to respond to all your questions before I leave today, so I apologize if I missed anything in response to your 4:51pm email.
The area of Los Robles Way was never vacated, and it was determined by Parks and Public Works that this area is a public right-of-way that extends into the property,
thus providing frontage along each edge of the roadway that crosses the property (see below).
The Report to the DRC contained a detailed explanation to why CEQA is not triggered with this application.
As you noted, the Town’s Lot Merger Ordinance was modified in early 2023. The most substantial change is that the “shall” statement was replaced with “may”. The
Town “may” choose to initiate a lot merger, but is not, by Code, required to.
I have copied the Planning Manager and Town Attorney to this email in case you have follow up questions.
Respectfully,
Ryan Safty Ɣ Associate Planner
Community Development Department Ɣ 110 E. Main Street, Los Gatos CA 95030
Ph: 408.354.6802 Ɣ rsafty@losgatosca.gov
www.losgatosca.gov Ɣ https://www.facebook.com/losgatosca
COMMUNITY DEVELOPMENT HOURS:
Counter Hours: 8:00 AM – 1:00 PM, Monday – Friday/
Phone Hours: 8:00 AM – 5:00 PM, Monday – Friday
All permit submittals are to be done online via our Citizen’s Portal platform. All other services can be completed at the counter. For more information on permit submittal, resubmittal,
and issuance, please visit the Building and Planning webpages.
CONFIDENTIALITY DISCLAIMER
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.
3 Think Green, please consider the environment before printing this e-mail.
From:
Sent: Monday, August 14, 2023 4:51 PM
To: Ryan Safty <RSafty@losgatosca.gov>
Subject: Frontage from Los Robles Way
[EXTERNAL SENDER]
Dear Mr Safty,
I'm reading the staff report and would like to understand more about page 9. The frontage specified for Parcel 3 is 200ft while parcel 1 only has 42ft of frontage.
When the lots are reconfigured, the staff report claims that the frontage will achieve 242ft of frontage. However by virtue of the reconfiguration, there would be no private
or public easement across parcel 1, so the frontage would be at the terminus to Los Robles Way. That wouldn't be more than 20ft? Thus you are taking a conforming lot
and making it non-conforming to the Town's zoning laws?
I will be raising this in person at tomorrow's meeting, along with the objection to this being a ministerial approval, as the land is still not exempt from CEQA review.
Also, since this is a new application in front of the DRC, I want to remind the committee as part of their assignment of duties they SHALL determine when lots have
merged. The new lot merger ordinance lays out the criteria for review to determine whether lots have merged but no report has been provided to show that this property
meets all 8 criteria.
As you mentioned a couple of years ago when we spoke, there are many non-conforming lots in the town and there would be no way to know about them until an
application like this LLA came in. The DRC assignment of duties says that the DRC SHALL determine when lots have merged. This appears to be a neglect of their
duties. If the lot merger ordinance exists. is it only randomly applied where convenient and not to protect the Town's constituents?
Per the new lot merger ordinance this land is owned contiguously, has no adequate turnaround for vehicular and safety equipment, nor could one ever be built on parcel 2,
and has soil stability issues. The hillside behind the Merrick's property at 246 Harding Ave can attest to this.
https://library.municode.com/ca/los_gatos/codes/code_of_ordinances?nodeId=CO_CH24SURE_ARTIINGE_S24.10.080TOITPAME
Sincerely,
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110 E. Main Street Los Gatos, CA 95030 ● 408-354-6874
www.losgatosca.gov
TOWN OF LOS GATOS
DEVELOPMENT REVIEW
COMMITTEE REPORT
MINUTES OF THE DEVELOPMENT REVIEW COMMITTEE MEETING
AUGUST 15, 2023
The Development Review Committee of the Town of Los Gatos conducted a regular meeting on
August 15, 2023, at 10:00 a.m.
ROLL CALL
Present: Jennifer Armer, CDD Planning; Roy Alba, CDD Building; Corvell Sparks, PPW
Engineering; and Kenny Ip, SCCFD.
Absent: None.
MEETING CALLED TO ORDER AT 10:00 AM
VERBAL COMMUNICATIONS
None.
CONSENT ITEMS
1.Approval of Minutes – July 25, 2023
MOTION: Motion by Corvell Sparks to approve the consent calendar. Seconded by
Kenny Ip.
VOTE: Motion passed unanimously 4-0.
PUBLIC HEARINGS
2.17200 Los Robles Way
Lot Line Adjustment Application M-23-001
Requesting Approval of a Lot Line Adjustment Application in Accordance with
California Government Code Section 66412(d) for Three Adjoining Lots on Properties
Zoned R-1:20. APNs 532-36-075, -076, and –077. Ministerial Project Approval Under
CEQA. Application is Only for Ministerial Approval of Lot Line Adjustment Pursuant to
Section 66412(d) of the Subdivision Map Act.
Property Owners: Daren Goodsell, Trustee and Mark Von Kaenel
Applicant: Tony Jeans
Project Planner: Ryan Safty
EXHIBIT 5
PAGE 2 OF 3 DEVELOPMENT REVIEW COMMITTEE MINUTES OF AUGUST 15, 2023
N:\DEV\DRC\MINUTES\Min 2023\08-15-23 Minutes - DRC.docx
The project planner presented the staff report.
Opened Public Comment.
Tony Jeans, Applicant
Their engineer revised the plans to address items that need to be clarified. There were
3 letters from neighbors with concerns about privacy and water drainage. These will be
addressed with a future Architecture & Site Application submittal. The frontage is shown on
the plans and is accurate; it extends 242 feet from Los Robles Way to Parcel 1.
Alison Steer, Neighbor
The existing parcels meet the criteria for a lot merger and so the determination should
be made that they have been merged. They are not in support of the lot line adjustment. The
proposed Worcester Lane access is not the principal means of access; it is Los Robles Way. The
State CEQA Guidelines only exempt four or fewer lots depending on the property slope. There
will be environmental and visual impact to the neighboring properties. The General Plan
section of the staff report cherry picks specific items, but the General Plan doesn’t allow new
housing in high fire areas. There is not enough room for a fire turnaround nor the 30 feet
setback requirements for the existing house. Lot 77 is too small, landlocked, and too steep and
narrow for a turnaround. Parcels 76 and 77 should be merged into one parcel.
Nancy Neipp, Neighbor
They have concerns that were also raised 2 years ago in an appeal. The property is in a
Seismic Landslide Hazard area. The risk is not only at the top of the hill. The 1989 Loma Prieta
earthquake shifted her land into 2 sections. In addition, a neighbor’s home on Worcester Loop
has suffered flood damage. Adding impervious surfaces along the driveway will exacerbate this
flood problem. Three new homes, with potentially 3 new Accessory Dwelling Units, should not
be built in a Wildfire Hazard zone. The property should protect wildlife habitat, scenic views,
open space, public space, and the privacy of neighbors. The parcel is a narrow strip on a steep
lot with an average slope of over 26 percent, landlocked and sliding into a neighbor’s yard. All
elements of the General Plan should apply.
Tony Jeans, Applicant
There are 3 existing lots. They are not creating any additional lots. Concerns about
structures will be addressed separately when parcel 1, 2, or 3 plans are submitted. Applications
under Government Code 66412(d) must be administrative.
Closed Public Comment.
Committee members asked questions of staff.
PAGE 3 OF 3 DEVELOPMENT REVIEW COMMITTEE MINUTES OF AUGUST 15, 2023
N:\DEV\DRC\MINUTES\Min 2023\08-15-23 Minutes - DRC.docx
Staff: Ryan Safty, Project Planner
The setbacks for existing houses are allowed to remain non-conforming. No
development or physical improvements are currently proposed. When development
applications are submitted, there will be a full review on environmental, seismic, fire, and flood
risks.
Staff: Gabrielle Whelan, Town Attorney
The State law provides that public entities may initiate lot mergers under specified
circumstances. The Town Code was recently amended to align with State law. The Town may
initiate lot mergers under specified circumstances. No lot merger was initiated with this
proposal. Lot line adjustments are ministerial actions, and this application is exempt from
CEQA.
Committee members discussed the matter.
MOTION: Motion by Corvell Sparks to approve with required findings and
recommended conditions of approval. Seconded by Roy Alba.
VOTE: Motion passed unanimously 4-0.
Appeal rights were recited.
OTHER BUSINESS
None.
ADJOURNMENT
The meeting adjourned 10:22 a.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
August 15, 2023 meeting as approved by the
Development Review Committee.
Prepared by:
________________________________________
/s/ Jennifer Armer, AICP, Planning Manager
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T.H.I.S. DESIGN & DEVELOPMENT P.O.Box 1518, Los Gatos, CA 95031
Tel: 408.354.1863 Fax: 408.354.1823
Town of Los Gatos
110E Main St,
Los Gatos CA 95030
Attn: Planning/Engineering
June 2nd, 2023
17200 Los Robles Way, Los Gatos
Application M 23-001
This application is made as a correction to the previous LLA application M 20-012 at this
address, asking the Town modify its prior approval of the LLA and to consider the LLA
application under Government Code Section 66412, subsection (d).
The Property:
The Property comprises 3 legal parcels of land in the R1:20 zoning district [as
Identified by the Certificate of Compliance approved by the Town on May 25th,
2021] initially referred to as APNs: 532-36/075/6/7. They are presently accessed
from the end of Los Robles Way and total approximately 3 Acres. The General
Plan designation is for Low Density Residential. The overall slope of the combined
3 lots is 26%. At the moment there is one very dilapidated 1800 sq ft house on the
entire property with an empty swimming pool. The house is on a septic system.
On June 7th, 2021 Mark VonKaenel purchased two of the Parcels.
The Parcel Configuration:
532-36-075 is traversed by a portion of Los Robles Way with 205 ft of frontage
[considering both sides] on the right-of-way. It also has 19 ft of frontage at the
termination of Worcester Lane.
532-36-076 is at the terminus of Los Robles Way with 37’ of frontage. It also has
42 ft of frontage at the termination of Worcester Lane.
532-36-077 has no improved street access at present, but rather is accessed
across APN 532-36-076 by its owner.
The Proposed LLA Solution:
It is proposed to reconfigure the 3 parcels to make them compliant with the Town
Standards for the zoning district. They would be 1½, 1 and ½ acres in size. In doing
so, the plan is to access only one of the resulting parcels from Los Robles Way and
the other 2 from a cul-de-sac at Worcester Lane. In addition to improving the
compatibility of the 3 parcels themselves, it will bring the street frontages for the
three resulting lots into compliance with the General Plan and zoning ordinance.
EXHIBIT 6
7325EXHIBIT 7
507327,07326,303
RTLTLT
WORCESTER lN
LOS ROBLES WY17200
SCALE: 1"=30'
532-36-077
532-36-075
532-36-076
L
O
S
R
O
B
L
E
S
W
Y17200 SCALE: 1"=20'
532-36-077
532-36-076
532-36-075
EXISTING POOLAND RESIDENCE
WORCESTER LANEACCESS LOCATION
LOS ROBLES WAYACCESS LOCATION
EXHIBIT 8
T.H.I.S. DESIGN & DEVELOPMENT P.O. Box 1518, Los Gatos, CA 95031
Tel: 408.354.1863 Fax: 408.354.1823
Town of Los Gatos
110 E Main St,
Los Gatos CA 95030
Attn: Planning Commission
October 16th, 2023
17200 Los Robles Way, Los Gatos
Response to Appeal date Aug 22nd, 2023
Application M 23-001
Commissioners:
This application was made as a correction to the previous LLA application M 20-012 at
this address, asking the Town modify its prior approval of the LLA and to consider the
LLA application under Government Code Section 66412, subsection (d). It was
submitted and has been reviewed by staff and the DRC for compliance. During this
process we made all necessary corrections requested by the Town and the plans on file
reflect the final LLA configuration and details.
Pursuant to Government Code Section 66412(d), a LLA “between four or fewer existing
adjoining parcels, where the land taken from one parcel is added to an adjoining parcel,
and where a greater number of parcels than originally existed is not thereby created” is
exempt from the Subdivision Map Act and review under CEQA. Approval of such a LLA
is ministerial in nature.
In the plans, we have limited the details to the proposed lot configurations requested for
the LLA, while providing sufficient information to analyze the adjusted parcels for
compliance with applicable Town and state law.
The access at Worcester Lane has always been available to the property and this will
not change with this LLA. The owners are offering to dedicate to the Town an
appropriate easement for a cul-de-sac area at the terminus of Worcester Lane to satisfy
ingress/egress to parcels 2 and 3 from this location and meet the Town’s frontage
requirements. This area has been identified on the plans based on a town standard
hillside cul-de-sac. According to the Town’s staff report submitted to the DRC, Town
Code Section 29.40.400 does not mandate that the cul-de-sac street frontage be along
a paved roadway. This application does not request approval of plans to develop the
cul-de-sac easement area. Thus, the Town need not analyze potential impacts
associated with the cul-de-sac area.
EXHIBIT 9
This application does not request the approval of any new homes nor development of
the three (3) parcels. As such, it is premature to consider issues relating to development
of the parcels. For instance, Appellant’s reference to LU 6.4 is misplaced, as there is no
proposed change of use or development of the parcels before the Town, there is no
need not conduct any analysis under LU 6.4.
It should also be noted that there are three (3) original existing parcels and there will
remain three (3) parcels. Consideration of the LLA application is mandatory under
controlling law, whereas the Town’s consideration of merger is permissive. For
instance, Municipal Code section 24.10.080, which addresses parcel mergers, specifies
the Town “may” initiate a merger. There is no requirement that the Town initiate such a
merger. Moreover, there is no showing that the three (3) parcels would meet the
requirements of a merger under section 24.10.080. As a result, there is no
‘intensification of use’ or ‘increasing density’ associated with this application, as
Appellant suggests.
Additionally, the Town need not consider whether the proposed LLA is consistent with
the Town’s policy of not increasing density in Very High Fire Hazard Severity Zones, as
there is no increase in density with this application. This application preserves the status
quo (three single family residential parcels) and leaves the determination of appropriate
countermeasures for Fire Hazard safety to a subsequent A&S Application, which would
be reviewed by SCCFD as well as the building department.
Thank you
Tony Jeans
(408) 354-1833