Item 4 - Desk Item
PREPARED BY: ERIN WALTERS
Associate Planner
Reviewed by: Planning Manager, and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6874
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 05/08/2019 ITEM NO: 4 DESK ITEM
DATE: MAY 8, 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 16 includes public comments, received between 11:01 a.m., Monday May 6, 2019, and
11:00 a.m., Wednesday May 8, 2019.
Town Attorney Legal Analysis:
The Town Attorney has reviewed the public comments related to lot merger and his legal
opinion remains the same that the arguments presented are without merit.
The case of Save Mount Diablo v. Contra Costa County (2015) 240. Cal.App.4th 1368, 1378 was
cited in the Addendum not for the facts or holding but for the Court’s statement that the
process of obtaining a certificate of compliance allows an owner "to legitimize a division of
property that has already occurred." The complete quote from the court case states:
In a different process, one that is backward looking, the Act allows an owner to
legitimize a division of property that has already occurred by obtaining a
certificate of compliance with the Act. Under this process, an owner or
prospective purchaser of property that has already been divided, but for which
no final or parcel map has been recorded, may obtain a certificate of compliance
if "the division of the real property [creating the piece of property] complies with
applicable provisions of [the Act] and of local ordinances enacted pursuant to
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[the Act]." (§ 66499.35, subd. (a).) Once a certificate of compliance has been
issued, the property "may be sold, leased, or financed without further
compliance with the ... Act or any local ordinance enacted pursuant thereto."
(Id., subd. (f)(1)(E); see Gardner, supra, 29 Cal.4th at p. 998.) In other words, the
certificate of compliance clarifies the legal status of property that is not reflected
on a recorded final or parcel map, thereby facilitating transactions involving the
property.
In 2001 the Town determined pursuant to Section 66499.35 of the Subdivision Map Act that the
real property at 11 and 15 Peralta complies with the Act and caused a certificate of compliance
to be filed for record with the Santa Clara recorder. Once a certificate of compliance was issued
by the Town, the property "may be sold, leased, or financed without further compliance with
the Act or any local ordinance enacted pursuant thereto.” Therefore, the Town, including the
Planning Commission and Town Council, has no legal authority or ability to rescind the
certificate of compliance.
Government Code Section 66451.11 cited in public comment is not applicable as this property
does not satisfy all the requirements, specifically that “(a) At least one of the affected parcels is
undeveloped by any structure…”
To the extent that public comment cites Town Code Sec. 29.10.070, this code section is
inconsistent with State law and not cannot be used to merge 11 and 15 Peralta. As stated
above, merger of lots involuntarily under state law can only occur when at least one of the
affected parcels is undeveloped.
As stated above and in the addendum, the Town was legally obligated to issue a certificate of
compliance for the parcels at 11 Peralta and 15 Peralta. Any attempt by the Town to now
rescind or revoke the certificate of compliance or merge these two legal lots 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)
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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)
Previously received with the May 6, 2019 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
Received with this Desk Item Report:
16. Public comments received between 11:01 a.m., Monday May 6, 2019, and 11:00 a.m.,
Wednesday May 8, 2019
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