Appellants PresentationAppeal of Lot Line
Adjustment Application
M-20-012 for
17200 Los Robles Way
Alison & David Steer
304 Harding Ave
Town of Los
Gatos Lot
Merger
Procedures
SMA 66451.11
SMA 66451.11
continued
Town of Los
Gatos Code of
Ordinances
Sec. 29.10.070. -Lot merger.
(a) A parcel of land does lawfully exist separately from other land and is a lot when the parcel meets each of the following criteria:
(1)Comprises at least five thousand (5,000) square feet in area.
(2) Was created in compliance with applicable laws and ordinances in effect at the time of its creation.
(3) Meets current standards for sewage disposal and domestic water supply.
(4) Meets slope stability standards.
(5) Has legal access which is adequate for vehicular and safety equipment access and maneuverability.
(6) Development of the parcel would create no health or safety hazards.
(7) The parcel would be consistent with the applicable general plan and any applicable specific
plan, other than minimum lot size or density standards.
(8) No structures are built over a common property line which is shared with another parcel under the same or substantially the same ownership.
(b) Any parcels under the same or substantially the same ownership that do not meet the
criteria listed above shall be considered merged. In addition, no parcel shall be modified
through a lot line adjustment procedure in order to meet the criteria listed above.
(Ord. No. 1316, §3.10.010, 6-7-76; Ord. No. 1337, 11-1-76; Ord. No. 1432, 6-4-79; Ord. No. 1438, 8-6-79; Ord. No. 1756, §I, 8-1-88)
Zoning Regulations
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
State CEQA
Guidelines
Section
15604(d)
Determining the Significance of the Environmental Effects Caused by a Project
In evaluating the significance of the environmental effect of a project, the lead agency
shall consider direct physical changes in the environment which may be caused by the
project and reasonably foreseeable indirect physical changes in the environment which
may be caused by the project.
(1)A direct physical change in the environment is a physical change in the environment
which is caused by and immediately related to the project. Examples of direct physical
changes in the environment are the dust, noise, and traffic of heavy equipment that
would result from construction of a sewage treatment plant and possible odors from
operation of the plant.
(2)An indirect physical change in the environment is a physical change in the
environment which is not immediately related to the project, but which is caused
indirectly by the project. If a direct physical change in the environment in turn causes
another change in the environment, then the other change is an indirect physical change
in the environment. For example, the construction of a new sewage treatment plant may
facilitate population growth in the service area due to the increase in sewage treatment
capacity and may lead to an increase in air pollution.
(3)An indirect physical change is to be considered only if that change is a reasonably
foreseeable impact which may be caused by the project. A change which is speculative or
unlikely to occur is not reasonably foreseeable.
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