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Addendum with Exhibit.Wood Road PREPARED BY: SEAN MULLIN, AICP Associate Planner Reviewed by: Planning Manager and Community Development Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov TOWN OF LOS GATOS PLANNING COMMISSION REPORT MEETING DATE: 08/25/2021 ITEM NO: 3 ADDENDUM DATE: August 24, 2021 TO: Planning Commission FROM: Joel Paulson, Community Development Director SUBJECT: Consider Approval for Construction of a New Single-family Residence and Site Improvements Requiring a Grading Permit on Vacant Property Zoned HR-5 Located on Wood Road. APN 510-47-045. Architecture and Site Application S-21-003. Property Owners: Omari and Kavita Bouknight. Applicant: Gary Kohlsaat, Architect. Project Planner: Sean Mullin. REMARKS: Exhibit 16 includes a letter from the applicant’s civil engineer summarizing their research and conclusion regarding the neighbor’s claim of easement on the subject property. EXHIBITS: Previously received with the July 28, 2021 Staff Report: 1. Location Map 2. Required Findings and Considerations 3. Recommended Conditions of Approval 4. Visibility Analysis 5. Color and materials board 6. Project Description and Letter of Justification, dated July 21, 2021 7. Consulting Architect’s Report, dated February 5, 2021 8. Consulting Arborist’s Report, dated March 22, 2021 9. Applicant’s neighbor outreach efforts 10. Public comments received by 11:00 a.m., Friday, July 23, 2021 11. Development Plans Previously received with the July 28, 2021 Addendum Report: 12. Public comments received between 11:01 a.m., Friday, July 23, 2021 and 11:00 a.m., Tuesday, July 27, 2021 PAGE 2 OF 2 SUBJECT: Wood Road (510-47-045)/S-21-003 DATE: August 24, 2021 Previously received with the August 25, 2021 Staff Report: 13. Applicant Response Letter, dated August 19, 2021 14. Public comments received between 11:01 a.m., Wednesday, July 28, 2021 and 11:00 a.m., Friday, August 20, 2021 15. Revised Development Plans, received August 19, 2021 Received with this Addendum Report: 16. Civil Engineer’s letter, dated August 23, 2021 7 6 5 1 E i g l e b e r r y S t r e e t 4 0 8 - 8 4 2 - 2 1 7 3 G i l r o y , C A 9 5 0 2 0 - 5 1 2 2 E - M a i l : e n g i n e e r i n g @ h a n n a b r u n e t t i . c o m August 23, 2021 Members of the Planning Commission Town of Los Gatos 110 East Main St Los Gatos, CA 95030 RE: ASA No. S-21-003, August 28, 2021 Agenda Item No. 2 Wood Road Easement Dear Chair and Members of the Planning Commission, The letter submitted by Matteoni, O’Laughlin, & Hechtman, dated July 23, 2021 refers to the Wood Road right of way across the property under application (APN 510-47-045) (the “Property) and benefitting the adjacent owner, David Ebrahimi (APNs 510-46-006 and 510-46-007). Their letter includes an Exhibit 2 and claims the right of way is shown in blue. Prior to 1965, the exact location of the easement for the right of way across the Property was not defined. The Record of Survey map filed on February 10, 1965 in Book 190 of Maps, page 52 shows a parcel labeled as “WOOD ROAD (30’ WIDE)” (see attached). However, a Record of Survey doesn’t establish easement rights. Title to this property was granted to the owner of Parcel 2 as shown on said Record of Survey via a Quitclaim Deed recorded March 6, 1972 in Volume 9731, pages 555-556, Official Records. The parcel labeled as “WOOD ROAD (30’ WIDE)” was APN 510-47-043 and Parcel 2 was APN 510-47-027. In 1974 an easement for Wood Road was granted to the then owner of the Ebrahimi property with an Easement Deed recorded on July 31, 1974 in Volume B018, pages 553-554, Official Records. This Easement Deed describes a 36’ wide easement with complete bearings and distances traversing APNs 510-47-043 and 510- 47-027 to the properties owned by Ebrahimi. On October 26, 2016, a Certificate of Lot Line Adjustment was recorded, changing the boundary between the parcels described as APN 510-47-043 and APN 510-47-027 to Parcel A and Parcel B as shown on Exhibit “E” (see attached). Exhibit “E” shows the 36’ wide right of way. I have found no evidence that the Record of Survey with the parcel labeled as “WOOD ROAD (30’ WIDE)” established easement rights to the portion of the parcel not used as Wood Road and the easement deed in 1974 formalized the exact location of the Wood Road right of way. Regards, Teresa Price, P.E. EXHIBIT 16