Item #12 - 17200 Los Robles Appeal.Desk Item
REMARKS:
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/02/2021 ITEM NO: 12 DESK ITEM
Attachment 12 includes the applicant’s presentation from the September 8, 2021 Planning
Commission hearing. Attachment 13 includes additional information from the appellant
received on November 2, 2021. Attachment 14 includes the appellant’s presentation for
the November 2, 2021 Town Council hearing.
ATTACHMENTS:
Previously received with the Staff Report:
1. September 8, 2021 Planning Commission Staff Report, with Exhibits 1-14
2. September 8, 2021 Planning Commission Verbatim Minutes
3. Appeal of the Planning Commission Decision, received September 20, 2021
4. Applicant’s Response to Appeal, received October 8, 2021
5. Additional Information from the Appellant, received October 21, 2021
6. Draft Resolution to Deny Appeal and Approve Project, with Exhibits A and B
7. Draft Resolution to Grant Appeal and Remand Project to Planning Commission
8. Draft Resolution to Grant Appeal and Deny Project
9. Public Comments received between 11:01 a.m., September 8, 2021 and 11:00 a.m., October
28, 2021
10. Applicant’s Response to Public Comments received between 11:01 a.m., September 8, 2021
and 11:00 a.m., October 28, 2021
PREPARED BY: Ryan Safty
Associate Planner
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
DATE: November 2, 2021
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Consider an Appeal of a Planning Commission Decision Approving a Lot Line
Adjustment Between Three Adjacent Lots on Properties Zoned R-1:20.
Located at 17200 Los Robles Way. Subdivision Application M-20-012.
APNS 532-36-075, -076, -077. Property Owners: Daran Goodsell, Trustree
and Mark Von Kaenel. Applicant: Tony Jeans. Appellant: Alison and David
Steer. Project Planner: Ryan Safty.
PAGE 2 OF 2 SUBJECT: 17200 Los Robles Way/M-20-012 DATE: November 2, 2021 Previously received with the Addendum:
11. Additional Information from the Appellant, received November 1, 2021
Received with this Desk Item:
12. Applicant’s Presentation from the September 8, 2021 Planning Commission hearing
13. Additional Information from the Appellant, received November 2, 2021
14. Appellant’s Presentation for the November 2, 2021 Town Council hearing
SESSOR
1
Ac fo
1:2
0.29 Ac Cole
0.15 Ao.11
�
3
..R..
0.18
SANITA
R.0.5. BJ.4/31
..... -,-
11.
0.45 Ac Cale
0.45 Ac Cale
8
_g_
0.41 Ac Cale 9
J_
0.60 Ac Cale 10
CLAR A
LOS
COUNTY
0.58 Ac Cale
Z2
►U\ .. --
R.0.S. 579 � 0 c., c.,
c., c.,
C
/
LIFO 0 Cl.
4:�I- 4:� u>_J I L..J0
'\
NIA
2411
Hi\
0.50 Ac Cale
82.37
SANT A CLARA
1.15 Ac Cale
PARCEL 3
APN: 532-36-075
__ ..... ______ 209.e,, _______ ..,a,
COUNTY CALIFORNIA
55 \ 66-� \. P:MZ• J2J
J12 82
65
AV'€..·
Jl6 J20
I 82 I 82 I
I I I
I I I
I \"'I ,�
I
I
I I
I I I
I 64 I
I
63 I
I
I
I
I I \- .r ,-
I I I
I st .,., I
�\ ,1.* �I n
I �
�I
\ '
J2,f. 82 ,�
62
I \GillLJI
,,§J
I I I I I I I I •
(\J :;: I I
0 C) (\J 0, 0 !? ATTACHMENT 12
ATTACHMENT 13
https://www.codepublishing.com/CA/Palmdale/html/Palmdale16/Palmdale16130.html#16.130.020
We feel that Town staff have failed the residents of the Town of Los Gatos by not protecting ourproperty rights from developers who are using loopholes to get around formal subdivision of this landand CEQA review. Is our lot merger ordinance unenforceable because it's not written correctly? Therehas been ample opportunity by staff to address this, especially since neighbors of 11/15 Peralta Averaised this to the Town Attorney and Community Development Director in 2019. Do the DRC staffknow that one of their job responsibilities is to enforce lot mergers?
As a reminder, we are a general law city that operates under the general law of the state.https://www.calcities.org/docs/default-source/new-mayors-and-council-members-academy---session-material/06.-your-legal-powers-and-obligations.pdf?sfvrsn=469dcaf9_3
Finally please see the Woodside Town Council meeting from Jan 2021 mentioned in my email to MrSchultz below, and the requirements for complying with CEQA for minor lot line adjustments on landwith >20% slope. This makes absolute sense given the landslide risk of the 17200 Los Robles Wayproperty as submitted in the CEQA documentation, and using the common sense exemption to bypassCEQA is cheating the environment and wildlife out of their representation, especially given this landabuts Worcester Park, and is in a Wildland Urban Interface zone. Can it be said "with certainty" and"no probability" that there will be no impact by this Project which is not categorically exempt fromCEQA? Is it reasonably foreseeable that there will be a development on this property? I hope you allhad a chance to review the guidelines for complying with CEQA. Not all Lot Line adjustments areexempt.
Finally, let's take a look at the issues being raised by neighbors on the Bonnie Lane subdivisionapplication that are being given ample consideration by CDAC. All arguments neighbors of 17200 LosRobles way are concerned with.
https://www.losgatosca.gov/DocumentCenter/View/27478/03-10-21-Minutes---CDAC-Draft?bidId=
The Town of Los Gatos would be foolish to allow this lot line adjustment application to proceed basedon the land not meeting the criteria listed in our lot merger ordinance and SMA 66451.11, which isintended to safeguard our Town from the creation of new buildable parcels from non-buildable lots. Itwill open up the Town to legal challenges, and result in illegal use of the LLA procedure to make non-conforming parcels into conforming parcels. Given we are all currently talking about General Plan2040, this blatant disregard for the guidelines laid out in our Town Ordinance significantly reduces thecredibility of the Town in the eyes of the residents.
Sincerely,Alison and David Steer
Town of Los
Gatos Lot
Merger
Procedures
SMA 66451.11
SMA 66451.11
continued
Required
Findings from
DRC and
Planning
Commission
Required
Findings by
DRC and
Planning
Commission
Town of
Woodside
specifies that
LLA’s for
average slopes
>20% are not
exempt from
CEQA
Santa Clara
County Online
Property
Profile
APN
532-36-076
Summary
We are a General Law City that operates under the General Law of the
State of California
We DO NOT have a Lot Line Adjustment Ordinance,only a procedure
handout referencing the Subdivision maps act 66412(d).
We DO have a Lot Merger Ordinance and procedure which references
Subdivision maps act 66451.11
No evidence has been provided by the Town Attorney that supports
his claim that Involuntary Lot Merger per 66451.11 is not enforceable,
evidence to the counter says it IS enforceable!
Evidence supporting that a non-buildable parcel can not be made
buildable through lot line adjustment has also been submitted to the
Town (see Burke Lot Line Adjustment)
The Town is blatantly breaking our Town’s Laws if it approves this LLA
application
The DRC and Town of Los Gatos SHALL follow merger procedures in
accordance with our Town Ordinance and SMA 66451.11
The Project is not exempt from CEQA due to average slopes >20%
and reasonably foreseeable impact that would be caused by the
project