Item 4 - Addendum
PREPARED BY: ERIN WALTERS
Associate Planner
Reviewed by: Planning Manager, Community Development Director, and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6874
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 05/08/2019 ITEM NO: 4 ADDENDUM
DATE: MAY 6, 2019 TO: PLANNING COMMISSION FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: SUBDIVISION APPLICATION M-19-001 AND VARIENCE APPLICATION V-19-001. PROJECT LOCATION: 11 AND 15 PERALTA AVENUE. PROPERTY OWNER: WENDY F. KANDASAMY TRUST. APPLICANT: TONY JEANS. REQUESTING APPROVAL OF A VARIANCE FOR A LOT LINE ADJUSTMENT BETWEEN TWO LOTS FOR PROPERTIES ZONED R-1:8. APN 510-42-073 AND -074.
REMARKS:
Exhibit 14 includes the applicant’s response to public comments received by 11:00 a.m., Friday
May 3, 2019.
Exhibit 15 includes public comments, received between 11:01 a.m., Friday May 3, 2019, and
11:00 a.m., Monday May 6, 2019.
Town Attorney Legal Analysis:
The Town Attorney has reviewed the public comments related to lot merger and that the
certificate of compliance is inoperative and may have been issued “ultra vi res” or is “void ab
initio” and the Town Attorney has determined that these arguments presented are without
merit.
To settle outstanding issues of whether a parcel complies with the Subdivision Map Act, any
person owning real property may request a determination of its compliance. Gov. Code, §
66499:35(a). The process of obtaining a certificate of compliance allows an owner "to
legitimize a division of property that has already occurred". Save Mount Diablo v. Contra Costa
County (2015) 240. Cal.App.4th 1368, 1378.
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In 2001, the Town was legally obligated to issue a certificate of compliance for the two lots at
11 Peralta and 15 Peralta since any parcel created before March 4, 1972 is conclusively
presumed to have been lawfully created and it is well established that these lots were created
in 1906 as the McCullagh tract. Gov. Code, § 66412.6(a). Contrary to the public comment, the
merger of parcels does not occur simply because of joint ownership or because the parcels
have been transferred by way of a single transfer document, or even when the documents are
described through a consolidated legal description. Gov. Code, § 66451.10(a) and Morehart v.
County of Santa Barbara {1994) 7 Ca1.4th 725. Instead, legal merger of two parcels occurs only
through the express written statement of the grantor. Civ. Code, § 1093.
Therefore, it is irrelevant that 11 Peralta and 15 Peralta sold “22 times under common
ownership since inception of property” since there was never an express written statement of
merger by the grantor in any deed conveyances. In addition, the documents submitted with
public comments, reinforce the Town Attorney’s position that the parcels were never expressly
merged since the letter from North American Title Company states that “In our research we
found neither documents, nor any references in any deeds, indicating that the two lots were
ever merged, formally or informally.”
Since the Town was legally obligated to issue a certificate of compliance for the parcels at 11
Peralta and 15 Peralta, it is the Town Attorney’s opinion that any attempt by the Town to
rescind or revoke the certificate of compliance would result in a property taking and liability to
the Town for the value of the parcel.
EXHIBITS:
Previously received with the May 8, 2019 Staff Report:
1. Location Map
2. Required Findings (two pages)
3. Recommended Conditions of Approval (two pages)
4. Scope of Work and Project History, received April 19, 2019 (two pages)
5. Letter of Justification, received April 19, 2019 (one page)
6. Analysis of Existing Conditions and the Approved Remodel, received April 19, 2019 (one
page)
7. Neighborhood Compatibility Analysis, received April 19, 2019 (one page)
8. Recorded 2001 Certificate of Compliance Approval for 11 and 15 Peralta Avenue, received
April 19, 2019 (six pages)
9. Lot Line Adjustment Exhibits, received April 19, 2019 (four pages)
10. Applicant’s Neighborhood Outreach Letter, received April 19, 2019 (three pages)
11. Development Plans, received April 19, 2019 (three sheets)
12. Public Comments received by 11:00 a.m. on Friday May 3, 2019
13. Applicant’s Response to Public Comment from 37 Peralta Avenue, received April 29, 2019
(one page)
PAGE 3 OF 3 SUBJECT: 11 AND 15 PERALTA AVENUE/M-19-001 AND V-19-001 MAY 6, 2019
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Received with this Addendum Report:
14. Applicant’s response to Public Comments received by 11:00 a.m., Friday May 3, 2019,
received May 6, 2019 (seven pages)
15. Public comments received between 11:01 a.m., Friday May 3, 2019, and 11:00 a.m.,
Monday May 6, 2019
Distribution:
Tony Jeans, T.H.I.S. Design and Development, P.O. Box 1518, Los Gatos, CA 95031
Wendy Kandasamy, 233 Valley Street, Los Altos, CA 94022
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