AddendumDATE:
TO:
FROM:
MEETING DATE: 11/03/15
ITEM NO: 17
ADDENDUM
COUNCIL AGENDA REPORT
NOVEMBER 2, 2015
MAYOR AND TOWN COUNCIL
LAUREL PREVETTI, TOWN MANAGER Vim` //Q
SUBJECT: ARCHITECTURE AND SITE APPLICATION S-14-027. PROJECT
LOCATION: 15925 QUAIL HILL ROAD. PROPERTY OWNER/APPLICANT:
KEVIN HWANG AND SABRINA DONG. APPELLANT: BRAD KROUSKUP.
CONSIDER AN APPEAL OF THE DECISION OF THE PLANNING
COMMISSION DENYING AN APPEAL OF A DECISION OF THE
DEVELOPMENT REVIEW COMMITTEE APPROVING AN
ARCHITECTURE AND SITE APPLICATION TO DEMOLISH AN EXISTING
SINGLE-FAMILY RESIDENCE AND TO CONSTRUCT A NEW SINGLE-
FAMILY RESIDENCE ON PROPERTY ZONED HR -1. APN 527-02-007.
REMARKS:
The attached letter (Attachment 10) was received after distribution of the staff report.
Attachments received with October 29, 2015 staff resort:
1. September 23, 2015 Planning Commission Staff Report (includes Exhibits 1-12 and 14.
Exhibit 13 is included in Attachment 3 to this Town Council Staff Report)
2. September 23, 2015 Planning Commission Verbatim Minutes
3. Appeal of Planning Commission Decision, received October 1, 2015
4. Letter from Appellant's Attorney, received September 8, 2015
5. Letter from Applicant, received October 26, 2015
6. Emails from Appellant, received October 29, 2015
7. Draft Resolution to deny the appeal and approve the project (includes Exhibit A and B)
8. Draft Resolution to grant the appeal and remand the project to the Planning Commission
9. Draft Resolution to grant the appeal and deny the project
Attachments included with this Addendum report:
10. Letter from appellant's attorney, received October 30, 2015
PREPARED BY: Joel Paulson o�
Planning Manager
er(
Reviewed by: Assistant Town Manager ; own Attorney n Iq Finance
N:\DEV\TC REPORTS\2015\Quail Hill -15925 - appeal.add.doex Reformatted: 5/30/02
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: 15925 QUAIL HILL ROAD/5-14-027
NOVEMBER 2, 2015
Distribution:
Sabrina Dong, 15925 Quail Hill Road, Los Gatos CA 95032
Brad Krouskup, 15921 Quail Hill Road, Los Gatos CA 95032
ROSSI HAMERSLOUGH
REISCHL & CHUCK
A Professional Law Corporation
October 30, 2015
VIA EMAIL ONLY
Marni F. Moseley, AICP
Associate Planner
Town of Los Gatos
1\11\loselel•@losgatosca.gov
RE: 15925 Quail Hill Road, Los Gatos, California
Our File: 815149
Dear Ms. Moseley:
My clients, the Krouskups, have asked me to respond to your email to Brad regarding
the receipt of a recorded document from 1957.
I have received that document. The document in question is a deed of trust securing
a note in favor of Bank of America. It does purport to create an easement; however, lenders
cannot create easements over someone else's property or change the dimension of that
easement. Secondly, such an easement would never survive the payoff of the deed of trust
and the reconveyance thereof. The loan was paid and the deed of trust was reconveyed;
therefore, the 1957 document is of no force or effect and, frankly, is not even in the chain of
title as any title company examiner will advise.
Mr. Krouskup's adjoining owners have placed a claim with their tide insurance
company. I have heard from the attorney representing First American Tide. It is someone I
have litigated with and have had cases with for many, many years. I have a great deal of
respect for him and his firm. They, like us, represent various title insurance companies.
Rather than getting into a lawsuit, we have discussed the possibility of going to mediation.
Obviously, no one benefits from a long protracted lawsuit, so hopefully we can resolve this
situation at mediation.
I have also advised the Krouskups that any approval of the Architectural and Site
Application S-14-027/15925 Quail Hill Road prior to resolving legal access issues would be
in direct conflict with the Los Gatos Hillside Specific Plan, Section 3.0 Circulation,
paragraph 3.4, item 16, which states "documentation or proof of private access rights mus
be provided by the developer at the initial project review stage" [emphasis added]. There
currently is no legal access that would support the proposed new development.
1960 The Alameda, Suite 200, San Jose, CA 95126 • P(408) 261-4252 F(408) 261.4292
8 Harris Court, Suite Al, Monterey, CA 93940 • P(831) 655-3180
www.rhrc.net ATTACHMENT 10
Marni F. Moseley, AICP
October 30, 2015
Page 2of2
I have already provided Mr. Krouskup a letter dated April 26, 2013 regarding the
former owner's concern regarding construction access. I understand he has provided same
to the Town.
I was concerned when Mr. Krouskup informed me that the Redenbacher letter of
August 17, 2015 was made a part of the public record and distributed to the Planning
Commission while my letter of September 8, 2015 was not also made a part of the public
record and not distributed to the Planning Commission. Obviously this omission may have
had a direct influence on the Planning Commission's discussion and decision.
I would also point out that the construction approval of September 13th at paragraph
46 requires an emergency access easement and requires the applicant to "record a new
emergency access / ingress easement to encompass the existing driveway between the public
right of way at Short Road and the subject property (APN 527-02-007)." It also requires the
existing access easement to be vacated.
I would simply ask how it would be possible to obtain such an easement without the
consent of our client or without a court order directing them to do so.
Finally, I must comment that this whole affair seems to be skewed in favor of the
applicant. There are some obvious legal challenges with regard to access to the subject
property and construction thereon even if there was legal access in an approved width. To
rely on an easement created in a deed of trust which has since been reconveyed is evidence
of that proclivity.
I have always found the Town Council, Planning Commission and staff to be a fair
and unbiased; therefore, I am somewhat perplexed with regard to some of the issues that
have surfaced in this situation. I hope it is merely my paranoia as a trial lawyer.
If you need any further input, please
Very truly
RRR:jc
cc: Client
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