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2011030712 - Attachment 1 - 381 Pennsylvania Avenuen TOWN OF LOS GATOS PLANNING COMMISSION STAFF REPORT `0s'c' Meeting Date: January 12, 2011 PREPARED BY: Mami F. Moseley, AICP, Associate Planner mmoseley(@,Ios-gatosca.gov ITEM NO: 3 APPLICATION NO.: Subdivision Application M -10 -007 LOCATION: 381 Pennsylvania Avenue (Southeast corner of Pennsylvania Avenue at Wissahickon Avenue) APPLICANT: Chris Spaulding, AIA PROPERTY OWNER: 381 Pennsylvania Avenue, LLC CONTACT PERSON: Gregory Howell APPELLANT: Matthew Haberkorn APPLICATION SUMMARY: Consider an appeal of a decision of the Development Review Committee approving a two -lot subdivision on property zoned R- 1:8. APN 510 -41 -057 RECOMMENDATION: Deny the appeal and uphold the decision of the Development Review Committee to approve the application. PROJECT DATA: General Plan Designation: Low Density Residential (0- 5d.u. /ac.) Zoning Designation: R -1:8 - Single Family Residential Applicable Plans & Standards: "Los Gatos Redevelopment Plan Parcel Size: 24,433 square feet Surrounding Area: __ ........ Existing Land Use ........... ... ........... .. ...... .... ....... General Plan Zoning North ....... _...._............_.._............:........... Single Family ...... ... _ .............._.....__..._ ._.__ ...__..._._..._............................._....................:................ Low Density Residential ............._.._.._...._...... R -1:8 East Single Family Low Density Residential R -1:10 South ... Family Y Density Y...........-.-__......_ West Multi family ............................_...................._........_....._. Medium Density Residential ..._.............._...__._._... RM -5:12 CEQA: The project has been deemed categorically exempt from CEQA pursuant to Section 15615 of the State Environmental Guidelines as adopted by the Town. ATTACHMENT I . V.-0 r Planning Commission Staff Report - Page 2 3 81 Pennsylvania Avenue /.M -10 -007 January 12, 2011 FINDINGS: ■ As required by Section 15615 of the State Environmental Guidelines as adopted by the Town that this project is Exempt. ® That the application is consistent with the General Plan. n That the required findings to deny a subdivision pursuant to the State Subdivision Map Act cannot be made in reviewing this application. m That the subdivision is consistent with the redevelopment plan for the Los Gatos Redevelopment Project Area. ACTION: The decision of the Planning Commission is final unless appealed within ten days. EXHIBITS: 1. Location Map (one page) 2. Findings (one page) 3. Action Letter dated December 1, 2010, and Conditions of Approval (six pages) 4. Letter of Justification (four pages) . 5. DRC minutes of November 16; 2010 (four pages) 6. Notices of Public hearings; November 16, 2010 DRC, and January 12, 2011 Planning Commission (four Pages) 7. Kristina Lawson letter, dated August 31, 2010 (64 pages) 8. Staff response letter, dated November 10, 2010 (two pages) 9. Appeal form (one page) 10. Neighborhood Map (one page) 11. Tentative Map, October 28, 2010 (one page) RESOURCES: In addition to the items included as attached exhibits, applicable resources include: the 2000 General Plan, the 2020 General Plan, the Los Gatos Redevelopment Plan and the Town Code including Chapter 29 (Zoning Regulations). These resources are available for public review in the Los Gatos Planning Department or online at www,losgatosea. ov BACKGROUND: The property owner submitted an application for a Certificate of Compliance to legalize two lots and an application for a Lot Line Adjustment on July 22, 2010. The application and supporting documentation was reviewed by the Town Staff and it was determined that the original recorded subdivision map of 1892 showing two lots facing Pennsylvania Avenue (Attachment C of Exhibit 7) was filed prior to the adoption of the Subdivision Map Act for the State of California. The Subdivision Map Act was adopted by the State of California in 1893. Prior to this date lot lines could be recorded without review or regulation, and, therefore, are not recognized as legal lots. As Planning Commission Staff Report - Page 3 381 Pennsylvania Avenue /M -10 -007 January 12, 2011 a result, staff directed the applicant to either provide additional documentation to support the requirements of the Subdivision Map Act for a Certificate of Compliance, or to modify the application to a two -lot subdivision. The applicant revised their application and filed for a subdivision on August 16, 2010. The application was reviewed by staff and deemed complete on October 28, 2010. The Development Review Committee held a public hearing for the proposed subdivision- on November 16, 2010.- The application was appealed by Matthew Haberkorn on November 16, 2010. PROJECT DESCRIPTION A. Location and Surrounding Neighborhood The surrounding properties to the north, south, and east are single - family uses on properties zoned R -1:8. The property to the west is a multi- family use on property zoned RM -5:12. B. Subdivision Application The application is for a two lot subdivision. The application was approved at the Development Review Committee on November 16, 2010, and appealed to the Planning Commission on November 16, 2010. C. Compliance 1. Zoning The R -1:8 zoning category requires lots to be a minimum of 8,000 sq. ft., and a minimum depth of 90 feet. The frontage requirement for a corner lot in the R -1:8 zone is 80 ft., while an interior lot is required to be a minimum of 60 ft. Both lots would meet the minimum size, depth, and frontage requirements of the R -1:8 zoning category. See the analysis section for specifics on the lot size and dimensions. 2. Setbacks and Height The existing house and detached second unit will continue to comply with the required setbacks for the R -1:8 zone with the new lot line. The property currently contains a detached two -car garage that was built with permits in 1996 which has a legal non- conforming front setback. This is an existing condition that will not be modified with the proposed subdivision, and, therefore, is permitted to remain. Both parcels will continue to comply with maximum lot coverage, maximum accessory structure coverage, and maximum Floor Area (FAR). , . � . Planning Commission Staff Report - Page 4 381 Pennsylvania Avenue /M -10 -007 January 12, 2011 ANALYSIS A. Neighborhood Compatibility The subject parcel contains 24,433 sq. ft. and is the largest parcel in the surrounding R -1:8 zone with the exception of the vacant parcel to the rear. The parcels in the neighborhood range in size from 5,500 sq. ft. to 17,173 sq. ft. (excluding the subject site). The following table summarizes the surrounding lot sizes and dimensions. Please see the map provided in Exhibit 10 for parcel locations. As shown, there is not a distinct lot pattern in the neighborhood. The proposed subdivision would be in keeping with the range of lot sizes and dimensions along Wissahickon Avenue, and would not change the streetscape on Pennsylvania Avenue. Please note that no additional lots within the immediate vicinity would meet the requirements for subdivision under the current R -1:8 zoning category and. requirements. The average lot size in the area (excluding the subject site) is: 9,949 sq. ft. The average width and depth are: 72.5 ft. and 149 ft. respectively. Location Address Dimensions* lot size 381 Pennsylvania (Existing parcel) 100'x 255' 24,433 sf 381 Pennsylvania (Parcel 1) 100'x 132' 13,081 sf 381 Pennsylvania (Parcel 2) 100'x 123' 11,352 sf 1 371 Pennsylvania 87'x 214' 17,173 sf 2 369 Pennsylvania 61'x 181' 10,472 sf 3 365 Pennsylvania 60'x 167' 10,440 sf 4 363 Pennsylvania 45'x 158' 7,290 sf 5 361 Pennsylvania 59'x 150' 9,204 sf 6 380 Pennsylvania 80'x 150' 12,000 sf 7 120 Wissahickon 80'x 200' 16,000 sf 8 33 Walnut 50'x 160' 8,000 sf 9 140 Wissahickon 55'x 100' 5,500 sf 10 119 Hernandez 60'x 105 7,080 sf 11 45 Walnut 105'x105' 8,300 sf 12 41 Walnut 105'x 100' 10,500 sf 13 25 Walnut 80'x 94' 7,520 sf 14 15 Walnut 80'x 116' 8,556 sf 15 7 Walnut 80'x 140' 11,200 sf * Dimensions for angled properties are the best representation for the lot. B. General Plan Conformance The proposed project is in conformance with the existing General Plan Designation of Low Density Residential (0 -5 units per acre). Planning Commission Staff Report - Page 5 381 Pennsvlvania Avenue /M -10 -007 ( January 12, 2011 The proposed use meets the following goals and policies of the 2020 General Plan. • Policy LU -1.4 Infill projects shall be designed in context with the neighborhood and surrounding zoning with respect to the existing scale and character of surrounding structures, and should blend rather than compete with the established character of the urea. • Goal LU -4 To provide for well- planned, careful growth that reflects the Town's existing character and infrastructure. • Policy LU -4.3 Only approve projects for which public costs can be justified by overall community benefit. • Goal LU -6 To preserve and enhance the existing character and sense of place in residential neighborhoods. • Policy LU -6.5 The type, density and intensity of new land use shall be consistent with that of the immediate neighborhood. • Goal LU -7 To use available land efficiently by encouraging appropriate Infill development. C. Subdivision Map Act The Town of Los Gatos is subject to the State Subdivision Map Act when reviewing subdivision applications. The Map Act clearly states the required findings that must be made in order to deny a proposed subdivision. If those findings cannot be made, the application must be approved by the deciding body. The required findings are: • That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451— The proposed subdivision is consistent with the Town's Zoning Ordinance, and supported by the General Plan cis discussed above. The subdivision is also consistent with the Redevelopment Plan for the Los Gatos Redevelopment Project 4rea (Section IV.B) in that the subject property is designated residential and, per the Redevelopment Plan, shall be used for residential uses set forth and described in the Town's General Plan. • That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans- The proposed subdivision would create two lots that are well within the average lot size and dimensions for the neighborhood. The Conditions of Approval reflect any required improvements to comply with the General Plan and Zoning Ordinance in regards to public and private improvements • That the site is not physically suitable for the type of development- While no additional development is being approved with the proposed subdivision, parcel 2 would provide a suitable building site for a house compatible with the neighborhood. • That the site is not physically suitable for the proposed density of development. The proposed subdivision would maintain a similar density to other lots in the immediate neighborhood. I ,1 10. Planning Commission Staff Report - Page 6 381 Pennsylvania Avenue /M -10 -007 January 12, 2011 That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The proposed subdivision will not cause substantial environmental damage, or substantially or avoidably injure fish, or wildlife or their habitat. That the design of the subdivision or type of improvements is likely to cause serious public health problems. The proposed subdivision will not impact or cause serious public health problems. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The proposed subdivision would provide adequate access to both sites, and not impact or conflict with any existing private or public easements. D. Development Review Committee The Development Review Committee (DRC) held a public hearing for the proposed subdivision application on November 16, 2010. The application was deemed complete on October 28, 2010, and met all Town requirements for a two -lot subdivision. Notices were sent to all known addresses and property owners within 300 feet of the subject site as required by Section 29.20.450 of the Town Code (Exhibit 6). The following neighborhood concerns were brought to the DRC (Refer to the DRC minutes, Exhibit 5) Noise — Staff Comment: Any development comply with the Town's Noise Ordinance. impact noise levels within the neighborhood. Economic Impacts - Staff Comment: Staff cannot speak to what, if any, impact the proposed subdivision will have on the economic value of the neighboring properties. Any additional applications for new development will be reviewed under the Town's Residential Design Guidelines, and will be required to be compatible in size and architecture with the neighborhood. Historic Character - Staff Comment: While most of the properties along Pennsylvania Avenue are considered historic in that they were constructed prior to 1941, the neighborhood has experienced many changes in the last 20 years. These changes include: a significant addition remodel of 380 Pennsylvania in 1995, a new two -story house and detached garage at 315 Pennsylvania in 2002, and demolition of a detached garage, construction of a new detached garage and pool house, and a significant addition to the main house at 371 Pennsylvania Avenue in 1999. Just as these projects were reviewed for compatibility with the neighborhood, any new development subsequently proposed will be or use of the property will be required to One additional single family home will not Planning Commission Staff Report - Page 7 381 Pennsylvania Avenue /M -10 -007 January 12, 2011 required to be consistent in size, massing, and architecture with those in the neighborhood. No additional development is proposed or approved with the Subdivision Application. Additional comments were raised by the appellant and their representative, which are discussed under the appeal section of this report. E. Appeal The subdivision application was appealed by Matthew Haberkorn property owner of 371 Pennsylvania Avenue on November 16, 2010 (Exhibit 9). The November 15, 2010, letter from Mr. Haberkorn's legal representative Ms. Kristina Lawson was included as the justification for the appeal (Exhibit 7). Her comments are included below: 1) The tentative map does not clearly and accurately represent the property boundaries. Staff Comments: The tentative map has been reviewed by the Town's Engineering division for accuracy. All supporting maps have been provided, and the dimensions and locations shown on the tentative map of boundaries and easements are accurate. 2) We cannot determine whether the project will have significant environmental impacts because the Town has not required the applicant to provide relevant environmental information. The required materials for the Town's Parcel Map Checking Application were not required. Staff Comments: The Town's Parcel Map Checking Application is required once a tentative map is approved at a public hearing, the checklist and any supplemental documents are not applicable at this stage of the process. The application form clearly states this requirement. The Development Review Application Package, which is relevant to the Subdivision Application, includes a general required checklist. All prescribed materials for the Subdivision application were required and submitted by the Applicant. Any grading or drainage related to the future development of the site will be addressed with the appropriate reviews during the Architecture and Site Application process. 3) The proposed subdivision does not comply with applicable setback/yard requirements. Staff Comments: The Appellant states that that the pool equipment and barn do not comply with required setbacks. Condition three of the Conditions of Approval requires that the pool equipment shall either be removed or relocated to comply with Section 29.10.09020 of the Town Code (Exhibit 3) prior to recordation of the subdivision map. The existing barn complies with all existing and proposed setbacks. Note: setbacks are required from property lines not from edge of easements. F I ' Planning Commission Staff Report - Page 8 381 Pennsylvania Avenue /M -10 -007 January 12, 2011 4) The accessory buildings located on parcel 1 do not conform to applicable zoning requirements. Staff Comments: The Appellant states that the existing garage and guest cottage (second unit) do not comply with required setbacks. As discussed above, the existing non - conforming garage along the front property line was constructed legally in its existing location and is permitted to remain. The existing guest cottage does comply with required setbacks for accessory structures. Staff has verified that the existing accessory structures do not exceed the maximum allowable coverage of 15% of the buildable area of the lot (maximum is 1004 sf., existing is 740 sf.). 5) The additional proposed curb cut and driveway are inconsistent with the Town's General Plan. Staff Comments: The 2000 General Plan included a Policy under Community Design Goal 1.1 "To preserve and enhance the Town's character through exceptional community design" to minimize the number of driveway openings and curb cuts in new development. The 2020 General Plan does not include this policy. All existing and proposed improvements are at grade with the street and will not require curb cuts. Staff worked with the Applicant to relocate the required parking space for the existing second unit in the most appropriate location. In order to not impact any trees onsite and to provide a more obvious approach to the house from Pennsylvania Avenue, staff felt the proposed location was the most appropriate available on the site and is compatible with the immediate neighbcrhood.. It is also worth noting that staff encourages a separate driveway be provided on properties with second units to ensure maintenance of vehicular access for the unit. 6) The applicant has not demonstrated that the project has the required "strong community benefit". Staff Comments: It has been past policy and practice of the Town to consider conforming subdivisions of four lots or less in a residential neighborhood to provide the community benefit through the construction of additional housing. The subdivision would allow the construction of an additional residential unit. 7) The proposed subdivision is inconsistent with additional provisions of the Land Use Element of the Town's General Plan. Staff Comments: The sections of the General Plan listed are from the old 2000 General Plan and speak to good design and consistent development that blends with the existing neighborhood. The new 2020 General Plan has similar sections, and as previously stated, any proposed development of the site will be required to be compatible in size, massing and architecture with those in the immediate neighborhood. As a result the project would comply with both the listed sections of the 2000 General Plan, as well as the new 2020 General Plan as stated under the General Plan conformance section of this report. Planning Commission Staff Report - Page 9 / _381 Pennsylvania Avenue /M -10 -007 January 12, 2011 8) The Town has failed to comply with the mandatory requirements of the California Environmental Quality Act. a) The proposed subdivision is not exempt from CEQA because there is a reasonable possibility that the project will have a significant adverse effect on the .environment due to unusual circumstances. Staff Comments: It is unclear from Ms. Lawson's letter what unusual circumstances they believe exist for the proposed project. Noise and traffic are the listed examples of physical changes associated with the proposed subdivision. As stated earlier in this report, noise associated with either future development or use of the site will be governed by the Town's Noise Ordinance as is every other property in the neighborhood. In regards to traffic impacts, when future development is proposed on the new lot ITE (Institute of Traffic Engineers) numbers show an increase of 9.57 Average Daily Trips. This would not be considered a significant impact, and will be mitigated by the assessed Traffic mitigation fees included as a Condition of Approval. b) The proposed subdivision is not exempt from CEQA because there is a reasonable possibility that the project may cause a substantial adverse change j in the significance of a historical resource. Staff Comments: The existing { house at 381 Pennsylvania Avenue is considered historic in that it was constructed prior to 1941. The property is neither within a historic district nor is it designated with an LHP overlay. The house was included in the Bellringer program, which provided grant funds to qualifying historic properties for continued care and maintenance. This program was not a Town program. Approximately 100 homes within the Town were included in this program. The proposed subdivision will not impact the historic nature of the house in that no changes are proposed to the house or guest cottage. Both accessory structures located on the second proposed lot were built in the 1950's and are not considered historic. Based on this information it can be reasonably concluded that the project poses no significant impact to the historic nature of the property. F. CEQA Determination The project has been deemed categorically exempt from CEQA pursuant to Section 15615 of the State Environmental Guidelines as adopted by the Town in that the proposal is for a two lot subdivision that conforms to the Town Code and General Plan. No exceptions are being requested, and the application is not part of a recent subdivision approval. Planning Commission Staff Report - Page 10 381 Pennsylvania Avenue /M -10 -007 January 12, 2011 PUBLIC COMMENTS The Town received several letters from Ms. Kristina Lawson representing Matthew Haberkorn, the property owner at 371 Pennsylvania Avenue. Staff s response to Ms. Lawson's concerns from August 31, 2010, is included as Exhibit 8. An additional letter from Ms. Lawson was received by the Town on November 15, 2010 (Exhibit 7). The same letter was later attached to the appeal form as justification for the filed appeal. Staff provided verbal response to Ms. Lawson's comments at the DRC hearing on November 16, 2010; those responses are included in the appeal section of this report. CONCLUSION AND RECOMMENDATION: A. Conclusion The proposed subdivision meets the requirements of the R -1:8 zoning designation. The proposed lots are consistent in size and dimension of those in the immediate neighborhood. Any new development on the site will be required to comply with Town ordinances and standards, and will be reviewed through the required process. B. Recommendation: Staff recommends the Planning Commission deny the appeal and uphold the approval of the two -lot subdivision by the Development Review Committee and take the following actions: 1. Find that the proposed project is Exempt pursuant to Categorical Exemption 15615 of the State Environmental Guidelines as adopted by the Town (Exhibit 2); and 2. Find that required findings to deny a subdivision pursuant to the State Subdivision Map Act cannot be made in reviewing this application. L Prepared by: Marni F. Moseley, AICP Associate Planner WRR:MM:ct Approved byH Vftndie R. R6ehey Director of Community cc: Greg Howell, 125 Glen Ridge, Los Gatos CA 95030 Matthew Haberkorn, 371 Pennsylvania Avenue, Los Gatos CA 95030 N:\DEV\PN:\DEV\PC REPORTS\2011\381 Pennsylvania.docC REPORTS\2010 \381 Pennsylvania•doc 381 Pennsylvania Avenue EXHIBIT 1 O AK KN LO L, I I , THIS PAGE INTENTIONALLY LEFT BLAND C REQUIRED FINDINGS FOR 381 Pennsylvania Avenue Subdivision Application M -10 -007 Requesting approval of a two lot subdivision on property zoned R -1 :8. APN 510 -41 -057. PROPERTY OWNER: 381 Pennsylvania Avenue, LLC APPLICANT: Chris Spaulding FINDINGS ■ The project is Categorically Exempt pursuant to Section 15315 of the State Environmental Guidelines as adopted by the Town in that the subdivision is for less than four conforming lots. ® In order to deny the application, the Development Review Committee must make one of the following findings, as required by Section 66474 of the State Subdivision Map Act: a. That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451. b. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. c. That the site is not physically suitable for the type of development. d. That the site is not physically suitable for the proposed density of development. e. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. f. That the design of the subdivision or type of improvements is likely to cause serious public health problems. g. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. None of the findings for denial can be made; the tentative map is consistent with all adopted general and specific plans, and the proposed design is consistent with the immediate neighborhood. The proposed subdivision will not cause environmental damage to fish, wildlife or their habitat and will not cause serious public health problems. The subdivision will not hinder existing easements or access issues. ■ The subdivision is consistent with the Redevelopment Plan for the Los Gatos Redevelopment Project Area (Section IV.B). The subject property is designated residential and, per the Redevelopment Plan, shall be used for residential uses set forth and described in the Town's General Plan. The proposed subdivision will retain the residential use. N:\DEWINDINGS\2010 \38 i Pennsylvania.doc EXHIBIT 2 . , . THIS PA GE INTENTIONALLY LEFT BLANK fir., " TOWN OF I,OS GATOS COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION CIVIC CENTER (408) 354 -6872 Fax (408) 354 -7593 110 E. MAIN STREET P.O. Box 949 Los GATOS, CA 9503.1 December 1, 2010 Greg Howell 125 Glen Ridge Ave Los Gatos CA 95030 RE: 381 Pennsylvania Avenue Subdivision Application M -10 -007 Requesting approval of a two lot subdivision on property zoned R -1:8. APN 510 -41 -057. PROPERTY OWNER:,,381 Pennsylvania Avenue, LLC APPLICANT: Chris Spaulding " At its meeting of November 16, 2010, the Town of Los Gatos Development Review Committee approved the above referenced application subject to the enclosed conditions. The application was appealed on November 16, 2010. Therefore, the Development Review committee's action for approval is not final. The appeal is tentatively scheduled to be reviewed by the Planning Commission on January 26, 2011. This date is subject to ) change. If you have any questions, please contact me at (408) 354 -6802 or mmoseley @losgatosca.gov. Sincerely, . Marni F. Moseley, AICP Associate Planner MM:ah Enc. cc. Matthew Haberkorn, 371 Pennsylvania Ave. Los Gatos CA 95030 WDEV\DRC1Action Letters 2010381 Pennsylvaniadoc EEXIHIBIT 3 CONDITIONS OF APPROVAL —November 16, 2010 _ 381 Pennsylvania Avenue Subdivision Application M -10 -007 Requesting approval of a two lot subdivision on property zoned R -1:8. APN 510 -41- 057. PROPERTY OWNER: 381 Pennsylvania Avenue, LLC APPLICANT: Chris Spaulding TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division 1. APPROVAL EXPIRATION: Zoning approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the application is vested. 2. APPROVAL: This application shall be completed in accordance with all of the conditions of approval listed below and in substantial compliance with the approved plans. Any minor changes or modifications made to the approved plans shall be approved by the Director of Community Development other changes will be approved by the Planning Commission, depending on the scope of the change(s). 3. POOL EQUIPMENT: The existing pool equipment must be removed or relocated to comply with Section 29.10.09020 of the Town Code prior to recordation of the subdivision. 4. PARKING: A third separately accessible parking space must be installed as shown on the approved plans with materials approved by staff prior to recordation of the subdivision. 5. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement from the Town shall defend, indemnify, and hold harmless the Town and its officials in any action brought by a third party to overturn, set aside, or void the permit or entitlement. This requirement is a condition of approval of all such permits and entitlements whether or not expressly set forth in the approval. TO THE SATFISFATION OF THE DIRECTOR OF PARKS &PUBLIC WORKS: 6, GENERAL. All public improvements shall be made according to the latest adopted Town Standard Drawings and the Town Standard Specifications. All work shall conform to the applicable Town ordinances. The adjacent public right -of -way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and /or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right -of -way according to this condition may result in the Town performing the required maintenance at the developer's expense. 1 7. ENCROACHMENT PERMIT. All work in the public right -of -way will require a Construction Encroachment Permit. All work over $5,000 will require construction security. 8. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the Engineering Inspector at least twenty -four (24) hours before starting any work pertaining to on -site drainage facilities, grading or paving, and all work in the Town's right -of -way. Failure to do so will result in rejection of work that went on without inspection. 9. WEST VALLEY SANITATION DISTRICT. All sewer connection and treatment plant capacity fees shall be paid either immediately prior to the recordation of any subdivision or tract maps with respect to the subject property or properties, or immediately prior to the issuance of a sewer connection permit, which ever event occurs first — written confirmation of payment of these fees shall be provided prior to map recordation. 10. PRIVATE EASEMENTS. Agreements -detailing rights, limitations, and responsibilities of involved parties shall accompany each private easement. The easements and associated agreements shall be recorded simultaneously with the final map. 11. TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior to issuance of a grading permit. 12. INGRESS & EGRESS EASEMENT. The ingress & egress easement (formerly Laurel Ave.) shall be kept open and in a safe, drive -able condition throughout construction. If temporary closure is needed, then formal written notice shall be provided at least one week in advance of closure 13. PLAN CHECK FEES. Plan check fees shall be deposited with the Town prior to plan review at the Engineering Division of the Parks and Public Works Department. 14. INSPECTION FEES. Inspection fees shall be deposited with the Town prior to issuance of any Permit or recordation of the Final Map. 15. PARCEL MAP. A parcel map shall be recorded. Two copies of the parcel map shall be submitted to the Engineering Division_ of the Parks & Public Works Department for review and approval. Submittal shall include closure calculations, title reports and appropriate fee. The map shall be recorded before any permits are issued. 16. PUBLIC IMPROVEMENTS. The following improvements shall be installed by the developer. Plans for those improvements shall be prepared by a California registered civil engineer, reviewed and approved by the Town, and guaranteed by contract, Faithful Performance Security and Labor & Materials Security before the recordation of a map. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. a. Remove, widen pavement and install AC dike and /or AC swale at northwest corner of site to direct roadway drainage into existing catch basin. b. The sanitary sewer line shall be extended along Wissahickon Ave and have a service lateral installed as required to serve the new parcel. c. Install drainage structures along the east boundary of parcel 2 to collect surface drainage. 2 17. PRIVATE IMPROVEMENTS. The following improvements shall be installed by the developer. Plans for those improvements shall be prepared by a California registered civil engineer, reviewed and approved by the Town. The improvements must be completed and accepted by the Town prior to the recordation of the map. a. Install drainage structures along the east boundary of parcel 2 to collect surface drainage. 18. FRONTAGE IMPROVEMENTS. Applicant shall be required to improve the project's public frontage to current Town Standards. These improvements may include but not limited to curb, gutter, sidewalk, driveway approaches, curb ramps, traffic signal, street lighting (upgrade and /or repaint) etc. 19. . DESIGN CHANGES. The Applicant's registered Engineer shall notify the Town Engineer, in writing, at least 72 hours in advance of all differences between the proposed work and the design indicated on the plans. Any proposed changes shall be subject to the approval of the Town before altered work is started. Any approved changes shall he incorporated into the final "as- built" drawings. 20. TRAFFIC IMPACT MITIGATION FEE. The developer shall pay a proportional the project's share of transportation improvements needed to serve cumulative development within the Town of Los Gatos. The fee amount will be based upon the Town Council resolution in effect at the time the building permit is issued. The fee shall be paid before issuance of a building permit. The traffic impact mitigation fee for this project using the current fee schedule is $5,742. The final fee shall be calculated form the final plans using the rate schedule in effect at the time the building permit is issued. 21. CONSTRUCTION STREET PARKING. No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to \ park on the portion of a street which abuts property in a residential zone without prior approval from the Town Engineer (§ 1.5.40.070). 22. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks. No through curb drains will be allowed. Any storm drain inlets (public or private) directly connected to public storm system shall be stenciled /signed with appropriate "NO DUMPING - Flows to Bay" NPDES required language. 23. NPDES. On -site drainage systems for all projects shall include one 'of the alternatives included in section C.3.i of the Municipal Regional NPDES Permit. These include storm water reuse via cisterns or rain barrels, directing runoff from impervious surfaces to vegetated areas and use of permeable surfaces. If dry wells are to be used they shall be placed 10' minimum from adjacent property line and /or right of way. 24. SILT AND MUD IN PUBLIC RIGHT -OF -WAY. It is the responsibility of contractor and home owner to make sure that all dirt tracked into the public right- of-way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into the Town's storm drains. 25. UTILITIES. The developer shall install all new, relocated, or temporarily removed utility services, including telephone, electric power and all other communications lines underground, as required by Town Code §27.50.015(b). All new utility services shall be placed underground. Underground conduit shall be provided for cable television service. Applicant is required to obtain approval of all proposed j 9 utility alignments from any and all utility service providers. The Town of Los Gatos does not approve or imply approval for final alignment or design of these facilities. 26. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvement to be repaired or - replaced shall be at the direction -of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. Developer shall request a walk- through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 27. SIDEWALK/CURB IN -LIEU FEE. A curb and sidewalk in -lieu fee of $45,795 shall be paid prior to recordation of the Parcel Map. This fee is based on a 355 LF of curb at $57 /LF and 1,597.50- square feet of 4.5 -foot wide sidewalk at $16 /SF in accordance with Town policy. 28. FENCING. Any fencing proposed within 200 -feet of an intersection shall comply with Town Code Section §23.10.080. 29. AS -BUILT PLANS. An AutoCAD disk of the approved "as- built" plans shall be provided to the Town prior to issuance of a Certificate of Occupancy. The AutoCAD file shall include only the following information and shall conform to the layer naming convention: a) Building Outline, Layer: BLDG- OUTLINE; b) Driveway, Layer: DRIVEWAY; c) Retaining Wall, Layer: RETAINING WALL; d) Swimming Pool, Layer: SWIMMING -POOL; e) Tennis Court, Layer: TENNIS - COURT; f) Property Line, Layer: PROPERTY -LINE; g) Contours, Layer: NEWCONTOUR. All as -built digital files must be on the same coordinate basis as the Town's survey control network and shall be submitted in AutoCAD version 2000 or higher. 30. SANITARY SEWER LATERAL. Sanitary sewer laterals are televised by West Valley Sanitation District and approved by the Town of Los Gatos before they are used or reused. Install a sanitary sewer lateral clean -out at the property line. 31. SANITARY SEWER BACKWATER VALVE. Drainage piping serving fixtures which have flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the next upstream manhole and /or flushing inlet cover at the public or private sewer system serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve, unless first approved by the Administrative (Sec. 6.50.025). The Town shall not incur any liability or responsibility for damage resulting from a sewer overflow where the property owner or other person has failed to install a backwater valve, as defined section 103(e) of the Uniform Plumbing Code adopted by section 6.50.010 of the Town Code and maintain such device in a functional operating condition. Evidence of West Valley Sanitation District's decision on whether a backwater device is needed shall be provided prior to issuance of a building permit. 4 32. ARCHITECTURAL & SITE REVIEW. A Architectural and Site (A &S) application will be required for any proposed development. As part of the A &S !! application, additional requirements may apply, including, driveway approaches for the property and easement, or other improvements, etc. as deemed appropriate. 33. CONSTRUCTION NOISE. Between the hours of 8:00 a.m. to 8 :00 p.m., weekdays and 9:00 a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair activities shall be allowed. No individual piece of equipment shall produce a noise level exceeding eighty -five (85) dBA at twenty -five (25) feet. If the device is located within a structure on the property, the measurement shall be made at distances as close to twenty -five (25) feet from the device as possible. The noise level at any point outside of the property plane shall not exceed eighty -five (85) dBA. 34. GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times during the course of construction. Superintendence of construction shall be diligently performed by a person or persons authorized to do so at all times during working hours. The storing of goods and /or materials on the sidewalk and /or the street will not be allowed unless a special permit is issued by the Engineering Division. The adjacent public right -of -way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and /or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right -of -way according to this condition may result in the Town performing the required maintenance at the developer's expense. N: \DEV \C0NDITNS\2010 \381 Pennsylvania.doc 5 December 15 2010 Town of Los Gatos III 15 2010 MIS OF LOS CATO$ IMOM DI11 Letter of Justification for Subdividing 381 Pennsylvania Avenue into 2 lots. We have submitted plans for subdividing 381 Pennsylvania Avenue into 2 lots. Before we get into specifics, some history on the property will help with the justification. The property in question has historically been 2 legal lots of record dating back to the late 1800's. The Glen Ridge Park Subdivision map recorded in the late 1800's describes lots 16 and 17 for 381 Pennsylvania Avenue. Additionally, when this property was bought by the Manson's, July 3` 1962, the deposit receipt specifically describes the property as, 2 lots as evidenced by the attached deposit receipt dated July 3` 1962. This describes the property as "lots 16 and 17, block 1 as shown on the map of the Glen Ridge Park; being all that certain property know as 381 Pennsylvania Avenue, Los Gatos, California." As further evidence that this property was always considered 2 lots, Mrs. Manson in the March 12 d ', 1971 Times Observer paper is quoted "the present house is actually on 2 lots ". See attached article. Even though we believe this property is 2 legal lots of record already, we have decided to pursue the subdivision of the property rather than the certificate of compliance to avoid any challenges in the courts by our neighbor. Our plans to subdivide the property into 2 lots, meet and or exceed all of Los Gatos' town codes, standards, requirements, etc..., and we will not be asking for any variances or exceptions to the town codes. The new lot that will be created will be accessed of Wissahickon Avenue and will be approximately 11, 500 square feet, where the minimum lot requirement is 8,000 square feet. The lot with the current house built on it will be approximately 13,000 square feet. We look forward to giving the .family that ultimately purchases this lot and 'builds a new home in this highly desirable area of Los Gatos, the opportunity to become a new addition to this great neighborhood and community. Sincerely, Gregory Ho 125 Glen Ri Los Gatos, CA 95030 C 1;-' 2010 TOWN OF LOS GATOS PLANNING DIVISION EXHIBIT 4 1 Dep Receipf L01,2, Gatos Judy 3 ...................................................... ............................... California . ................. ............................... ..19............ Received Ero R. MORTON NL'�:t`�tL�1�X ................... W . /cMECK.... ' tea ": " ...................... r ...... ..Y.......,.................... i c s> : �s .............................................................. ...... ................................................... ......................... . Off i fflO�J,V,I�1" , �z:ra�� f�t� the sum of ...................... ,... .k, .............................. .� ........... ,,/` ,.� � �, � ,�.. the purcl ® ....Dollars as a deposit on and part payment for the following described pro .... ............" b situated in the .............................. ............................ ............................... ,t I� W ...... ..... �... ., ..� i ` ..... Baich. of a �' ��i7Yt Y3 .. I�l�WO , t`r�: .IiP_T.1....R;idc" .....� nt .$nta a Tara to n�ia t 1 ' 1 Pr.OP6rty known as #381 Pen- nsyi•v .ni � e',n' - e,L0s �� } } a��p �r�r,�� a�� : Orel � c n �� et i t and c1 n, ti,'� je vested ill •lase name of, An tOgether With instal It s u d E�x�I e antenna, an s TV d, �,�r�:rlx�lj3.n � 001 maintenance e €;lipme ' b� a 1d c� ae1 y agreed that the property is being purchased, ' as � �z� For the purchase rice of .................................... ............................... m . � -° Ty-'six `y`1106K I1 aY'ld .... � t ? .......................................................................... ............................... the balance of said purchase rice to be paid within. :! ..... . - — — '° ten liars, t� a� y 1 Title C�u x n .. rct ai � 7 ... .t a a ..... , s follow to - wtt. ' ' as follows, subject to the ability of the Purchaser 'to obtain a 10all Secured: by first deed of - t ru t can the above described property fro "' We'lls FZI.: 90 Beek in - an antoLint of $ 2 ' 4 1 000 - 00 ; Said 110te to bO payable an erTuzil monthly i_+ gt: l lriaents o - t7e.r a e - twenty years i"C �.ud interest on the �� deferr balances at the rate of Six percen AND IT IS HEREBY AGREED: First —That in the event said buyer shall fail to pay the balance of said purchase price or complete said purchase as herein provided, the amounts paid hereon shall, at the option of the seller, be retained as consideration for the execution of this agreement. Second —That the deposit and all other payments called for herein if- made with other than lawful money of the United States of America, may be converted into cash immediately, unless otherwise provided for herein, and held subject to the terms of this Deposit Receipt. Third —That the evidence of title is to be in. the form of Title Insurance issued by Western Title Insurance Company and paid by the seller. Fourth —That in the event the title to said property shall not prove marketable and said seller shall not perfect, or be able to perfect, the same within a r able time from this date, the purchaser shall have the option of demanding and receiving back said deposit and shall ggbe released from all obligations hereunder of this Fifth shall p t ntract urch�off ments ele�cti�n l immediat ly becme null s hall d estroyed or materilly id and said deposit d hall returned to te sa dipurcbeof a on cons �« Sixth—Agent is allowed ................... ...... ......................... ... ... days to secure the approval of t} e se ler, Seventh — Possession of premises to be given upon recordation of deed or within .......... '. r'ty ••. -- days From date of recordation of deed. Eighth xThat the taxes on said property for the current fiscal year ending June 30 following this date and the rents, interest on any assumed indebtedness and Fire Insurcfdd'� are to be prorated as of date of transfer of title oa_. X3 la k Ninth The time for any act required to be done hereunder may be extended not longer than thirty days by the undersigned Real Estate Broker. Tenth —The. respective spouses of the purchaser and seller, if any, shall join in any conveyance, encumbrances or contract executed pursuant to this agree - .inent. This agreement is binding upon the heirs, executors, administrators, successors and assigns of the respective arties hereto. Eleventh—That any existing assessments and /or improvement bonds are to be ............... � :: ...by "S�'•r•�er Twelfth -Nn re Presentations, . guaranties or warranties of any kind or character have been made by any - party hereto, ar their representatives which are not aierem e w ell t ed. Thirteenth�Th(F agent shall not be held responsible for the failure to comply with the terms of this agreement, by either the seller or purchaser. si�'Ir Realty ......... ... .................° ........ ... ................. . .................. .............._ , Real Estate Broker ... �� By_..... .... �. The undersigned hereby approves and agrees to the foregoing contract, and agrees to purchase the' above described property on the terms and conditions y f .i..J °..' Ill Nlt�. E � (.... .1:c4 3.I ...�'..�;'..� sM.t`�.Iif () herein stated and authorises seller t } o' make conveyance to .........:.:..... . .......... ... .... .. ...................... .......... ... ... . �1 Yn�:l p ........ ... ...... ... . Purchaser Hereby Acknowledges Receipt of a Copy Hereof ,, ' n r _ .. ` r Dated ......... +:.. :.1= :..................•---•----- ---••-•-- -•---•----....--•-•--• 196 1... Purchaser ....... ............................................ ............................ Purchaser I agree to sell the above described property on the terms and conditions herein stated, and agree to pay the above broker as Commission........... of above purchase price, or one -half the deposit in case same is forfeited by purchaser, provided same shall not exceed tiie full amount of the commission, and !Ir authorize Western Title Guaranty Com Santa Clara County Division to pay said commission from escrow upon closing. Seiler Hereby Acknowledges Receipt of a Copy Hereof kf , 'ESTF.RN TITLE GUARANTY COMPANY SANTA CLARA COUNTY DIVISION ...... ............................. .............. ............................... .• iVlain Office Seller 70 North Second Street, San Jose - -• ........... .................. Telephone Cypress 3 - 3430 Self& / /Los Gatos landmark r i z ia I �Id E d n �0 hllhar"clmetu . By RITA BEAMISH Once a secondary house as part of the large and affluent McCullagh estate, the residence of Dr. Morton and Margaret Manson at 381 Pennsylvania Ave. is beautiful and impressive in its own right, Having undergone some remodeliings both interior and exterior over the years, the house reflects a traditional flavor adapted to modern convenience. The house was reported- Gatos. A prominent citizen, Balch also served a term as mayor of Los Gatos. Balch eventually moved jth his family to their new _.ome on Massol Avenue, an the Pennsylvania Avenue house was pur- chased by the prominent Frank 1 N4cCullaah,'accord - ina to Dr. Horace Jones, the McCullagh family doctor. McCullagh lived with his wife in the beautiful Mission Revival style man- sion up the hill from the Pomeroy place and he pur- chased the second house as a residence for his sister, 1•Iary, a frequent visitor from Philadelphia, Penn, "maiden lady," Miss k1cCutla;h lived alone in the , big house, employing a cook and a gardener to help her run the house, until her death in 1936. Bill Blach remembers that IN'lary 1icCuliagh was "kind of a reciuse," and that she worked eight to 10 hours a day making braille 0 PA(;,'-: 4 ly built in 1890 by Everett Pomeroy, a textile businessman from New England who came' to Los Gatos to retire. Pomeroy, who was both affluent and active in town affairs, chose to build his Pennsyl- vania Avenue home in the Victorian mansion style that was popular in that period. The house was even- tually sold to a Mr. Steton who rented it out for resi- dency. In 1904, S. Dean Balch came to town, and rented the place for a time, according to his son, Bill Balch who later purchased the house. BANK PRESIDENT The elder Balch first headed the Bank of Los Gatos which was located at the corner of N, Santa Cruz and Main Streets, and was later president of the First National' Bank. of Los RIM '1`imcs- Observer, I'ucsl:!. ;. •�: ;urntbcr I 1!17,', i i bining of two downstairs oarlors into one lip Lig room, and enclosing a back porch for a family room. Balch kept the house Until 1962, when he sold it to the present owners, Dr. and Mrs. Morton Manson. The Mansons have added a spacious swimming pool in the backyard, as well as re- modelled the kitchen and the two upstairs bedrooms. Margaret Hanson asserts that she now tries io decorate to highlight and preserve as much of the old look as possible. All of the redwood moldings and door i hardware are the original, she says. She points out the place at the corner of the front porch where a Victorian stvle turret once stood, but was later removed, prob- ably by the McCullachs. ' VESTIBULE Today the covered porch, topped by a pedi- ment, goes half way across the front of the house with the front entrance opening from the porch into a lame vestibule. On one side, a grand staircase leads up- stairs, and a large double doonvY on the other side of the .vestibule leads to a front parlor. used by the llansons for a office, with front bay windows. The Present hous: is actually on two lots, sag; s Jlrs Manson as she shows the back;. a rd, with the i''•ti'LmminL' area occum. - ini host of the scc'nnd lot. Aiso in back. what` was wic•e, th�- old turn l:as been rcn odulied Into a separate '_uest house. \C REMODELLED This interior view shows the living room enlarged by M anson h ouse , (CO\xT FIMM PA(;1': 1) books for an organization for the blind. This work was particularly tedious since Miss McCullagh her- self was victimised by arthritis, After her death the house remained vacant until it was sold as part of the 14cCullagh estate in 1939, Bill Balch, who bought the house, remembers that it was in bad repair when he moved in in 1941. Faulty plumbing and exposed wiring, were among the necessities that had to be repaired. ORIET TTAL By this time, the house had undergone remodelling that altered its original Victorian look and re- flected a somewhat Oriental influence. To n , -dke the house more con - veniem for iris family, '.;Inch hintselt• installed some interior remodel - lings, including the com- the two J 0 what VESTIBULE A`bWlt -ihT`. bench seat at the base of,: the staircase is a unique feature of the entryway in the home of Dr. Morton Manson. viME i .leading to the at the left leads to the and the exit large entryway, WP ,� •�� xL ; � rr�ryt5t w P 5 � s ,• fit. , E Yi ;affix• : F��a � 2'' ;� ' k�<f'i� <rax.. >. .. uaS >.. ..+•: Y::n ,. � OLD RESIDENCE — been somewhat remodel- 1900's the house was part Built around 1890, the led from its original Vic- of the Frank hfCullagh Manson residence has torian style, In the early estate. Y . 1. 'z ; ° ... i i bining of two downstairs oarlors into one lip Lig room, and enclosing a back porch for a family room. Balch kept the house Until 1962, when he sold it to the present owners, Dr. and Mrs. Morton Manson. The Mansons have added a spacious swimming pool in the backyard, as well as re- modelled the kitchen and the two upstairs bedrooms. Margaret Hanson asserts that she now tries io decorate to highlight and preserve as much of the old look as possible. All of the redwood moldings and door i hardware are the original, she says. She points out the place at the corner of the front porch where a Victorian stvle turret once stood, but was later removed, prob- ably by the McCullachs. ' VESTIBULE Today the covered porch, topped by a pedi- ment, goes half way across the front of the house with the front entrance opening from the porch into a lame vestibule. On one side, a grand staircase leads up- stairs, and a large double doonvY on the other side of the .vestibule leads to a front parlor. used by the llansons for a office, with front bay windows. The Present hous: is actually on two lots, sag; s Jlrs Manson as she shows the back;. a rd, with the i''•ti'LmminL' area occum. - ini host of the scc'nnd lot. Aiso in back. what` was wic•e, th�- old turn l:as been rcn odulied Into a separate '_uest house. \C REMODELLED This interior view shows the living room enlarged by M anson h ouse , (CO\xT FIMM PA(;1': 1) books for an organization for the blind. This work was particularly tedious since Miss McCullagh her- self was victimised by arthritis, After her death the house remained vacant until it was sold as part of the 14cCullagh estate in 1939, Bill Balch, who bought the house, remembers that it was in bad repair when he moved in in 1941. Faulty plumbing and exposed wiring, were among the necessities that had to be repaired. ORIET TTAL By this time, the house had undergone remodelling that altered its original Victorian look and re- flected a somewhat Oriental influence. To n , -dke the house more con - veniem for iris family, '.;Inch hintselt• installed some interior remodel - lings, including the com- the two J 0 what VESTIBULE A`bWlt -ihT`. bench seat at the base of,: the staircase is a unique feature of the entryway in the home of Dr. Morton Manson. viME i .leading to the at the left leads to the and the exit large entryway, WP ,� •�� xL ; � rr�ryt5t w P 5 � s ,• fit. , E Yi ;affix• : F��a � 2'' ;� ' k�<f'i� <rax.. >. .. uaS >.. ..+•: Y::n ,. � OLD RESIDENCE — been somewhat remodel- 1900's the house was part Built around 1890, the led from its original Vic- of the Frank hfCullagh Manson residence has torian style, In the early estate. TOWN OF LOS GATOS 110 East Main Street, Los Gatos, CA 95032 (408) 354 -6874 - _ ------------- _ — ------ - -. SUMMARY MINUTES OF A REGULAR MEETING OF THE DEVELOPMENT REVIEW COMMITTEE OF THE TOWN OF LOS GATOS FOR NOVEMBER 16, 2010, HELD IN THE TOWN COUNCIL CHAMBERS, CIVIC CENTER, 110 EAST MAIN STREET, LOS GATOS, CALIFORNIA. ---. --------------------- ------- The meeting was called to order at 9 :00 a.m. by Chair Paulson. ATTENDANCE Members Present: Suzanne Davis, Senior Planner Joel Paulson, Senior Planner Marni Moseley, Associate Planner Wayne Hokanson, Fire Department Mike Machado, Building Official John Gaylord, Associate Civil Engineer Shane Adrian, Assistant Civil Engineer Judith Propp, Town Attorney PUBLIC HEARINGS ITEM 1: 17923 Foster Road Architecture and Site Application S -10 -013 Requesting approval to construct a single family residence on property zoned HR -5. No significant environmental impacts have been identified as a result of this project, and a Mitigated Negative Declaration is recommended. APNs 537 -03 -015 and 077. PROPERTY OWNER/APPLICANT: Pamela Pearson & Tom Hogan PROJECT PLANNER: Suzanne Davis 1. Chair Paulson opened the public hearing. 2. Staff gave report on proposed project. 3. Applicant was introduced. 4. Members of the public were not present. 5. Public hearing closed. 6. Gaylord moved to approve the application subject to the conditions presented with the following findings and considerations: (a) It has been determined that although the proposed project could have an impact on the environment, there will not be a significant effect because appropriate mitigated measures have been incorporated in the form of conditions of approval. The Development Review Committee hereby makes the Negative Declaration and adopts the attached Mitigation Monitoring Plan. (b) An exception is being granted to allow the maximum cut depth to be exceeded for the driveway and forecourt. The site is a legally created parcel that has a very limited building envelope due to the presence of steep slopes and a heavily wooded site. The house has been sited in the most appropriate location on the property and has a minimal EXHIBIT 5 DRC Minutes November 16, 2010 Page 2 driveway, parking and backup area. The garage will be lowered into the site and will have a green roof, blending it into the surroundings. The project is otherwise in compliance with applicable Hillside Development Standards & Guidelines. (c) The project is in compliance with the Hillside Specific Plan in that it is a single family residence being developed on an existing parcel. The proposal is consistent with the development criteria included in the plan. (d) As required by Section 29.20.150 of the Town Code, the considerations in review of an architecture and site application were all made in reviewing this project. The house is an appropriate style for a hillside lot and the exterior colors and materials will help blend it into the site, as will the green roof over the garage. New trees will be planted to soften and screen the new residence from the road ad outlying views. 7. Hokanson seconded, motion passed unanimously. 8. Appeal rights were cited. ITEM 2: 381 Pennsylvania Avenue Subdivision Application M -10 -007 Requesting approval of a two lot subdivision on property zoned R -1:8. APN 510 -41 -057. PROPERTY OWNER: 381 Pennsylvania Avenue, LLC APPLICANT: Chris Spaulding PROJECT PLANNER: Main Moseley I . Chair Paulson opened the public hearing. 2. Staff gave report on proposed project. 3. Applicant was introduced. 4. Members of the public were present: Robin Strothers is opposed to the project because it will change the neighborhood, increase traffic, and create noise impacts. ,John Rocchio is opposed to the project because it will impact the value of his property and detracts from the existing neighborhood. Kristina Lawson submitted four letters during the review process prior to the DRC hearing. The correspondence expressed opposition to the proposed project. She restated many of the issues in those letters. The issues restated include the following: the Town's process is unusual; they hadn't seen a formal application for this item; soils studies should have been required; property boundary /easement issues were not resolved; there are encroachments into the existing easement; was the existing barn going to be removed; the project was not consistent with the General Plan; the additional curb out was not appropriate; the project does not comply with the Subdivision Map Act; and the CEQA exemption was not appropriate. For additional information on these issues and the other issues previously raised please see the correspondence in the Planning file. Matthew Haberkorn is opposed to the project for the following reasons: the existing buildings do not meet required setbacks; a new house on the proposed new parcel will create privacy impacts; a new house will impact existing views; loss of the greenbelt; potential impacts to the existing easement which provides access to an existing cottage on a neighboring property; and \ DRC Minutes November 16, 2010 Page 3 the impact to historic resources and the historic nature of the area. Donald Warn is opposed to the project because the proposed lot patterning is not consistent with the neighborhood, it will impact the existing neighborhood, and it will create an urban setting. 5. Public hearing closed. 6. Moseley moved to approve the application subject to the conditions presented with the following findings and considerations: (a) The project is Categorically Exempt pursuant to Section 15315 of the State Environmental Guidelines as adopted by the Town in that the subdivision is for less than four conforming lots. (b) In order to deny the application, the Development Review Committee must make one of the following findings, as required by Section 66474 of the State Subdivision Map Act: a. That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451. b. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. c. That the site is not physically suitable for the type of development. d. That the site is not physically suitable for the proposed density of development. e. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. f. That the design of the subdivision or type of improvements is likely to cause serious public health problems. g. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision, None of the findings for denial can be made; the tentative map is consistent with all adopted general and specific plans, and the proposed design is consistent with the immediate neighborhood. The proposed subdivision will not cause environmental damage to fish, wildlife or their habitat and will not cause serious public health problems. The subdivision will not hinder existing easements or access issues. (c) The subdivision is consistent with the Redevelopment Plan for the Los Gatos Redevelopment Project Area (Section IV.B). The subject property is designated residential and, per the Redevelopment Plan, shall be used for residential uses set forth and described in the Town's General Plan. The proposed subdivision will retain the residential use. 7. Adrian seconded, motion passed unanimously. S. Appeal rights were cited. OTHER BUSINESS - NONE DRC Minutes November 16, 2010 Page 4 ADJ' OURNWNT Meeting adjourned at 9:45 a.m, The next regularly scheduled meeting of the Development Review Committee is the following Tuesday, /bel Paulson, Senior Planner MMEVORC1Min 20101NovembeA11- 1640.doc r °y \ i CERTIFICATE OF THE MAILING OF NOTICES OR PUBLIC HEARING ® PC Consent ® TC Consent ; 1 1 -DRC PC Non - Consent ® TC Non - Consent Address of Property: �j / P-,o 4 415 L/ I1/ _Cc. /7 ( '4_ X✓e h ad' - File Number(s): 14— /D —0D 7 APN Number: q / - e�� - 7 Date to be Heard: C/ �/ !O ho This is to certify that the attached notice of public hearing was delivered to the Los Gatos Post Office concerning a public hearing on the above referenced development application. Number of Notices Sent: See Attached List Delivered to Post Office on or before: Assessor's Book Page Number: (Radius: 300 ft Town/500 ft Hillside) Previously Noticed: See attached list Preparer's Name: A K le , _� 4 IA-" CJdtf— Title: z 4-Y /,W //j • A 5:. `,, 7 Planner: l ,4 r Planner's Signature: NADEV\Public Hearing Notices \pc- tc -dre cert of mailing.wpd EXHIBIT 6 W w C � Z G V � � O W ® LLJ � L Q o oV Z N0 W �" 0 FM V UJ W m Q ®j0 W Z W N W r O LL ~ W D = Z 0 1- Q Z G U) O ® w o. Im� C ZV� U) m ,o M WQ2 �.U5 UpV a, 5 -J b o 0 V M C� U) J_ � o r cn 0 O tn i O y Cd b a y M y O Cd M Id a �w C4� U U U �OwO m c •� E 0 U O O U U � m O CL 5 c u' ca CL m vi 'o O C , o CL N T a a N co o 'o 0 y L ,k a-+ L - O ro m C R �U o ` 'ca >,.V � OA LLI aO cri L T ro C: CU cu wc �o •� ro c E UC a m Co o 7 M > v ro d s •a c ca C m m CL d w W m N CL Q. m c 0 v N w C V U) c c 0 d CL b ro a) o c L C ,U ro v `O a % c 0 0 a 0 o c m C O o � M c . �p O 0 m _E ( D . v O U .D E cc C T O o a L O tT o U U C ' C c 3 0 m c L U O 3-- U) 19 -:� c c. cu .0 CD • c L 0 C 1- s U E o v a� � a c m c o ro :N cei � C E 0 z 0 c 0 V CERTIFICATE OF THE MAILING OF NOTICES OR PUBLIC HEARING ( ® PC Consent ❑ TC Consent ® DRC x PC Non - Consent F� TC Non- Consent Address of Property: File Number(s): 7 APN Number: 7 Date to be Heard: This is to certify that the attached notice of public hearing was delivered to the Los Gatos Post Office concerning a public hearing on the above referenced development application. Number of Notices Sent: See Attached List Delivered to Post Office on or before: zi Via, 10 ( ! Previously Noticed: See attached list a) e a Assessor's Book Page Number: (Radius: 300 ft Town/500 ft Hillside) Preparer's Name: Title: Planner: Planner's Signature: & le- n e- 4 bq� A� N:\DEV\Public Hearing Notices \pc- tc -dre cert of mailing.wpd Wrl" i -- 1 THIS NOTICE IS SENT TO AC' `)SE YOU THAT THE PLAN NINS' 10MMISSION WILL HOLD A PUBLIC HEARING ON WEDNESDAY, JANUARY 12,_2011, AT 7:00 P.M. IN THE COUNCIL CHAMBERS, 110 EAST MAIN STREET, LOS GATOSTO CONSIDER: 381 Pennsylvania Avenue - Subdivision Application M -10 -007 - the Development Review Committee approving a two -lot su; 510 -41 -057. PROPERTY OWNER: 381 Pennsylvania -RAven APPELLANT: Matthew Haberkorn. PROJECT PLAN ER: a� You received this notice because you either reside or own concerning this matter are available for public review from 8 110 E Main Street, (408) 354 -6874. PLEASE NOTE: JANUARY 2, 2011. All persons interested in this application are If anyone wishes to challenge the action on this appicaui raised at the public meeting described i his notice, or in Mailed on or before December 22, 2010. , der an appeal of a decision of iperty zoned R -1:8. APN LICANT: Chris Spaulding. WEI All files, plans, and technical reports proper ay, in the Community Development Department, public hearing and be heard. may be limited to raising only those issues they or anyone else ndence delivered to the Town at, or prior to, the public hearing. 1 M I LLER STARR REGALIA November 15, 2010 VIA FACSIMILE AND MAIL Marni Moseley Associate Planner Town of Los Gatos 110 East Main Street P.O. Box 949 Los Gatos, CA 95031 Re: 3_81 Pennsylvania Avenue, Los Gatos Dear Ms. Moseley: 1331 N. California Blvd, T 925 935 9400 Fifth Floor F925 933 4126 Walnut Creek, CA 94596 Www.Msrlegal.com Kristina D. Lawson. kdsfinaJ8wSon@msrlegaLaoM 925941 3283 We are in receipt of your November 10, 2010 correspondence regarding a proposal to subdivide the above-referenced. property (the "Property"). As you know, this office represents Matt and Katherine Haberkorn, the owners of the immediately adjacent property (371 Pennsylvania). In addition, our clients own a' permanent easement for ingress and egress over the over the so'utheastem 20 feet of the Property. From your letter, and from our review of the- moat recent map submittal, we understand that the owner of the Property has submitted a proposal to subdivide the Property into two separate legal parcels'. We further understand that the'Town will hold a meeting of its Development Review Committee tomorrow, Tuesday, November 16, 2010 at 9:00 a,rn. to review the subdivision proposal, Based on our review of the Town's Code, we understand that this meeting will include the Planning Director, Town Engineer, Building Official, and Director of Parks, Forestry and Maintenance Services, (L,G.M.C., § 29.20.455 (mandatory attendees].) We have not been advised as to whether the Fire Chief, Police Chief, Town Attorney, or Health Officer will be present. Together with our clients, we plan to be in attendance at that meeting to present our concerns to the Committee. As we indicated in our August 31, 2010 Correspondence to. the Town (which is attached hereto as Attachment A and incorporated herein by this reference), the subdivision proposal falls to comply with numerous legal requirements, and cannot ' We understand that the applicant for the proposed subdivision is Gregory Howell and/or 381 Pennsylvania Ave., LLC, We also understand that an application by Chris Spaulding, an architect, for Minor Residential Development may still be pending. We note that the tentative map includes a reference to a "New 2nd Floor Addition" and a "Proposed Kitchen Expansion," Offices: Walnut Creek I Palo Alto HKNW4892IM5028.2 EXRIBIT 7 Marni Moseley November 1.5, 2010 Page 2 be approved at this time. The purpose of this correspondence is to provide the entire Development Review Committee with our legal analysis in anticipation of tomorrow's meeting. We look forward to discussing these matters with you and the Committ6e in more detail during the meeting. in August, we provided information to the Town indicating that the boundary I ' ines depicted on the proposed tentative map were incomplete and therefore incorrect. Specifically, we noted that the boundary line (referred to as the "exterior boundary of the project" on the tentative map) was not accurately represented because 381 Pennsylvania Avenue does - not include all of the former Laurel Avenue, and does not extend toward the creek from the former Laurel Avenue, despite representaI:ions to the contrary on the face of the map. Your letter indicates that "teIngineering has verified that the property boundary lines are depicted accurately on the tentative tap as verified in a recent title report." We are unclear as to how "engineeeing" was able to verify the boundaries based on the submittal, given that the submittal does not plot the location of the former Laurel Avenue or the adjacent creek, and does not include the location of our clients' easement. Your letter references reliance on a preliminary title report submitted to the Town by the applicant as the basis for the verification of the property boundaries. A preliminary report is a document issued by a title company and serves only as an offer to issue the type of title Insurance policy described in the report subject to the exceptions contained therein, (Miller & Starr, Cal. Real Estate 3d,, § 7.25.) Preliminary title reports are not abstracts of title and are not a representation of the condition of title. (ins. Code, § 12340.11.) Our firm's title team and independent title experts have reviewed the documents described In the preliminary title report. From this review, it is not clear that the documents within the chain .of title serve as the basis for the location of the southern boundary of the project depicted on the map. In the .preliminary report dated May 4, 2010 (attached hereto as Attachment B), the property is described as consisting of two parcels: Parcel One and Parcel Two. "Parcel One" is described as: Lots Sixteen (16) and Seventeen (17) in Block One (1) as laid down, designated and delineated. upon that certain map entitled 'Map of the Subdivision of Block No. 1 of Glen Ridge Park in and Adjoining the Town of Los Gatos, Cala" which map was filed for record in the Office of the County Recorder of the County of Santa 2 The vesting deed for 381 Pennsylvania contains On identical description of the Property. The vesting deed is attached hereto as Attachment Q. \` _/ M4W48921182.60262 Marni Moseley November 15, 2010 Page 3 Clara, State of California, on August 15, 1892, in Book "G" of Maps, at Page 13, Attached to this letter as Atta G is a copy of the referenced map, with the relevant lots highlighted in yellow. You will note from this map that the lots do not include any portion of Laurel Avenue. Laurel Avenue is highlighted in = on the attached map. However, the tentative map appears to intend to include all of Laurel Avenue within the four corners of the Property, "Parcel Two" is described as: The Northerly Yz of Laurel Avenue as shown upon the Map of Glen Ridge Park, herein referred to, as said avenue was vacated by Resolution No. 1980-75 of the Town of Los Gatos, a copy of which was recorded on March 6, 1981,. in Book F946 of Official Records, Page 44. Bounded on. the West b)(the Southerly prolongation of the West boundary of Lot 17 and on the East by the Southerly prolongation of the East Boundary of Lot 16, Block 1, of Glen Ridge Park which was filed for record in Book G of Maps, Page 18. This description clearly and unequivocally indicates that only the northerly 1 / 2 of Laurel Avenue became part of the Property when the Town vacated the street in 1980. This description is also supported by applicable law, which provides that an abandonment or street vacation results in a reversion to the abutting property owners, one-half to the owner on each side, subject to any private easements that may have survived the termination of the public easements. (Miller & Starr, Cat Real Estate 3d., § 15.81 [citing Machado v. Title Guarantee & Trust Co. (1940) 15 Cal. 2d 180, 185; Harman v, City and County of,San Francisco (1972) 7 Cal. 3d 150, 166; Baker v. Ramirez (1997) 190 Cal.App,3d 1123, 1132; Safwenberg v. Marquez (1975) 50 Cal,Ap p.3d,301., 306; Pilkington v. Fausone (1970) 11 Cal-App.3d 349, 351.) Again, the tentative map appears to Intend to include all of Laurel Avenue within the four corners of the Property notwithstanding the legal description of Parcel TWO. One of the primary problems with the tentative map is that Laurel Avenue, as described in the grant deeds, arid' originally proposed in 1892 is not represented on the face of the map. it is therefore unclear from the proposed tentative map What interest is claimed by the owner of the Property in Laurel Avenue. Note that Laurel Avenue is not the dirt road that exists toda and therefore the line on the mao that supposedly indicates the edge of Laurel Avenue is not accurate. Moreover, because the map falls to accurately depict Laurel Avenue, the location of Our clients' 20 foot permanent ingress and egress easement is not accurately HKNM148021%2502&2 Marni Moseley November 15, 2010 Page 4 reflected. A copy of the vesting deed for the easement was previously provided to the Town in August, and is attached hereto as Attachment E * . It is a mandatory requirement of the Town's Municipal Code that the widths and approximate locations of all existing easements be provided on a tentative subdivision map, (See L.G.M.C., § 24.20.030 (6), attached hereto as Attachment F.) It is not enough that at one fixed location on the map there is a reference to the easement. The location of the entirety of the easement must be shown on the face of the tentative map? Again, this requirement is mandatory, and is not waivable or otherwise subject to the discretion of City staff. Before the subdivision Is considered for approval, the boundary issues must be resolved. R To Provide Relevant Environmental Information According to your November 10, 2010 letter, the Town's Parcel Map Checking Application requirements are not universally applied. to all applicants, and apparently the Town did not require various items to be provided in connection with this subdivision. Considering the pending application, if approved, would result in the subdivision of the property., we are curious as to the reasons (1) the Town did not require that Its standard g.ubdiVision application be. submitted or executed .by the subdivider,, and (2) the Town waived the requirements to provide a soils report and drainage/hydraulic calculations. The subdivision of an infill parcel in an existing residential neighborhood should not be taken lightly. The Property Is located Immediately adjacent. to - a creek, and is downstream from a water supply reservoir. The Property is known to drain to the east, causing flooding and drainage problems for downslope properties. By failing to requite the applicant to provide relevant soils and drainage related Information, neither the Town nor our clients have any ability to determine the extent of subdivision's potential environmental impacts. 3. The Proposed Subdivision Does Not Comply With Ap livable Setback Requirements Thank you for your reference to section 29.40.015 of the Town's Code regarding the setback requirements applicable to the existing cottage. Unfortunately, your correspondence fails to address how the applicant intends to satisfy the setback requirements for the proposed second parcel, given the location of the pool equipment and barn. As noted in our August 31 correspondence, nce, the mandatory 8 foot side yard setback requirement cannot be satisfied because of the location of the 3 The omission of the easement location from the face of the map is particularly concerning here, because of the applicable setback requirements from the structure identified as "BARN" on the tentative map. In order to properly measure and determine compliance with the applicable setback requirements, the location of the easement must be disclosed.. HKN%48921\825028,2 Marni Moseley November 15, 2010 Page 5 existing barn structure. (L.G.M.C,, § 20.40,405.) Does the applicant plan to demolish the barn in connection with the subdivision? 4. The_ Accessory Buildings Located On Parcel I Do Not. Conform To Applicable Zoning Re uirements Two separate accessory buildings are located on the proposed Parcel 1. (See L•G.M.C,, §§ 2910,020, 29',40.015.) The garage building is located immediately on the front property line of the Parcel, within the required setback. This building does not conform to the requirements of section 29.40.015 of the Town's Code, which section does not allow accessory buildings to be located on the property fine in the front yard setback. Further, the tentative map fails to provide the dimensions of both the cottage and garage, making it impossible to determine whether the structures occupy less than fifteen percent (15%) of the proposed Parcel 1. This Information must be provided to the Town in order to determine zoning compliance.. 5. The Additional Proposed Curb Cut and Driveway Are Inconsistent With the Town's General Plan As set forth on the proposed tentative map, a new driveway and necessary curb cut is planned in connection. with the subdivision. This - curb cut will result in two separate curb cuts being located within approximately 20 feet of each other.. No other property in the vicinity of the proposed subdivision has two curb cuts (see photographs attached as Attachment G), and the second curb cut is inconsistent with applicable provisions of the Town's General Plan. 4 Specifically, Goal CD.G.1.1 provides that it is the goal of the Community Design Element of the General Plan: "[flo , preserve and enhance the Town's character through exceptional community design," A "detail pplicy' of this goal requires the Town to "[m]inimize the number of driveway openings, or curb cuts in new development.w (Town of Los Gatos General Plan, page CD-2, policy CDR1,22) Attachment G provides evidence of this policy in practice. The photographs depict the following properties: Q 371 Pennsylvania Ave 0 381 Pennsylvania Ave 4 It appears the curb cut is necessary in order to provide one additional parking space. We note that the September 1, 2010 comments from the planning department indicate that two additional parking spaces are necessary in order to comply with applicable zoning requirements. Where is the second space located? HKNION48921=5028,2 I . 4 Mardi Moseley November 15, 2010 Page 6 0 Wissahickon Ave (showing no driveway cuts except for the entrance to 600 Pennsylvania) 0 600 Pennsylvania Ave 369 Pennsylvania Ave 0 365 Pennsylvania Ave 0 363 Pennsylvania Ave ® 361 Pennsylvania Ave 0 349 Pennsylvania Ave a 347 Pennsylvania Ave 0 345 Pennsylvania Ave Each of these properties has only one curb cut/driveway. The homes on the other side of Pennsylvania do not have curb cuts as each has a gravel walk/parking area adjacent to the street. The subdivision proposal makes no effort whatsoever to comply with "detail policy" policy CD.P. 1.22. 51 The-Applicant Has Not Demonstrated That The-Proiect Has The The Town of Los Gatos has numerous goals, policies, and implementing strategies that relate to infill development. "lnfill Development" is defined as "[d]evelopment of vacant.land (usually individual lots or left -over properties) within'areas that are already largely developed." (Town.of Los Gatos General Plan, page G-5.) Development is generally understood by planners to include the subdivision of land. With respect to infill development, the Town's General Plan includes the following policies: a L.P.17. In-fill projects shall contribute to the further development of the surrounding neighborhood (e.g. improve circulation, contribute to or provide neighborhood unity, eliminate a blighted area, not detract from the existing quality of life). ® L.P.1.8. In-fill projects shall be designed in context with the neighborhood and surrounding zoning with respect to the existing scale and character of surrounding structures, and should blend rather than compete with the established character of the area. HKNK489211625028.2 Marni Moseley November 15, 2010 Page 7 1-11.3. In-fill project/Community Benefit: Applicants for in fill projects shall demonstrate that the project has a strong community benefit. L. I. 1.4. In-fill project/Community Benefit: The deciding body shall make specific findings of community benefit before approving any in-fill development. The proposed subdivision is in with each of these four policies. First, the project does not improve circulation, contribute to or provide neighborhood unity, or improve the existing quality of life, To the contrary, the project has already created a tremendous deal of controversy in the neighborhood and has been met with great resistance. Second, the project does not respect the existing scale, character, or layout of surrounding structures, and any structure built. on the proposed second parcel would loom over the adjacent property. Third, the applicant has not submitted any statement to the Town purporting to demonstrate that the project has any community benefit, let alone the strong community benefit required by the Town's General Plan. And fourth, the Committee will be unable to make the requisite findings, given that the applicant has made no demonstration of strong community benefit. 6. The Proposed Subdivision Is Inconsistent With Additional Provisions of the Land Use Element of the Town general Flan In addition to the above-referenced provisions, the proposed subdivision is also inconsistent with the following provisions of the Town's General Plan: * L.R1.1. Development shall be of high quality design and construction, a positive addition to and compatible with the Town's ambiance, Development shall enhance the character and unique identity of existing commercial and/or residential neighborhoods. * L.P. 1.2. Encourage developers to engage in early discussions regarding the nature and scope of the : project and. possible impacts and mitigation requirements. These discussions should occur as early as possible in the project planning stage, preferably preceding land acquisition. * L.G21, To limit the intensity of new development to a level consistent with surrounding development and with the Town at large, L G3. 1, To maintain the existing character of residential neighborhoods by controlling development. L.G.4-1. To preserve and enhance existing community and neighborhood character and sense of place. HKNW6! 21N825028.2 Marni Moseley November 15,2010 Page 8 L.P.412, Ensure that new development is a positive addition to the Town's environment and does not detract from the nature and character of appropriate nearby established development, L.P.4.3. Maintain the character and identify of existing neighborhoods. New construction, remodels, and additions shall be compatible and blend with the existing neighborhood. CD,G,1.1., To preserve and enhance the Town's character through exceptional community design. CID.P.I.I. Promote and protect the physical and other distinctive qualities of residential neighborhoods. 0 CD.P.1.5. Avoid abrupt changes in scale and density. CD.P.17. New structures, remodels, landscapes and hardscapes shall be designed to harmonize and blend with the scale and rhythm of the neighborhood and natural features in the area. 'The proposed subdivision will conflict With the long-established character of the neighborhood, which has developed as a single family neighborhood with homes fronting on Pennsylvania Avenue. The neighborhood is characterized by deep lots, and largely follows the mapping completed in 1892 prior to the Town's incorporation. This proposal would signify an adverse and abrupt change in the density of the neighborhood, and would result in the potential for a structure to be constructed in such a manner that it would loom over the downslope adjacent properties. We note that the project applicant !cant did not engage in any discussions with the neighborhood prior to his acquisition of the property,. and that it has been very difficult to obtain information 'about the project from both the applicant and the Town. 7. Contrary to the requirements of applicable law, the Town has wholly disregarded its role as lead agency by failing to require any environmental documentation to be prepared in connection with the proposed subdivision. Just this morning, we received an email from you indicating that no staff report was prepared for this matter, but that the Town apparently claims that the subdivision is exempt from the requirements of the California Environmental Quality Act ("CEQK; Pub. Resources Code, §§ 21000 et seq; 14 Cal. Code Regs., §§ 15000 et seq.) pursuant to section 15315 of the CEQA Guidelines. Because the Town has prepared no documentation whatsoever for the proposal, and because the Town's file contains only minimal evidence of review by Town staff, we are not clear as to the purported basis for use HKNM148!)2M26028-2 Marni Moseley November 15, 2010 Page 9 of the referenced categorical exemption. However, based on our comprehensive analysis of the facts and law applicable to this matter, in our opinion, reliance on section 15315's exemption is erroneous and in derogation of the Town's responsibilities under CEQA, CEQA Guidelines section 15315 provides a categorical exemption for minor land divisions that satisfy the following requirements:' ...the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are avail . able, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent. The proposed subdivision does not satisfy the requirements of section 16135 because it - is not in conformance With the General Plan and zoning (see analysis set forth in Sections 1-6 hereof). (See also Attachment A, section 4.) The purposes of CEQA are to: (1) Inform governmental decision-makers and the public about the potential significant environmental effects of proposed activities. (2) Identify the ways that environmental damage can be avoided or significantly reduced. (3) Prevent significant, avoidable damage to the environment by requiring changes in projects through the use of alternatives or mitigation measures when the governmental agency finds the changes to be feasible, (4) Disclose to the public the reasons why a governmental agency approved the project in the manner the agency chose if significant environmental effects are involved.. (14 Cal. Code Regs,, § 15002(a).) It is the responsibility of the Town of Los Gatos to ensure that the environment is protected by conducting an adequate and fully compliant environmental review pursuant to CEQA: TEQA places the burden of HKNA489211826628,2 Marni Moseley November 15, 2010 Page 10 environmental investigation on government rather than the public." (Sundstrom v. County of Mendocino (1988) 2Q2 C.al,App.3d 296, 311.) Even if the proposed subdivision could satisfy all the requirements of section 15315 (which it cannot), the project is subject to an exception to the exemption, requiring preparation of an initial study. Notably, not all minor land divisions are automatically exempt from CEQA under section 15315 of the CEQA Guidelines. Because Public Resources Code section 21084(a) only authorizes the Resources Agency to exempt projects from CEQA if those projects have been determined not to have a significant effect on the environment, it necessarily follows that an activity that may have a significant effect on the environment cannot be exempt from CEQA. (Mountain Lion Foundation v. Fish and Game Commission (1 997) 16 Cal.4th 105, 124.) Moreover, CEQA Guidelines section 15300.2, set forth below, specifically lists a number of exceptions to the categorical exceptions, Including two exceptions applicable here: ...(c) Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. (f) Historical Resources, A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. (14 Cal, Code Regs,, § 15300.2.) For the reasons set forth below, the exceptions in subsections (c) and (f) of CEQA Guideline 15300,2 (14 Cal, Code Reg s., § 15300,2) specifically apply to the proposed subdivision, and the project is therefore not exempt from CEQA's environmental review requirements. rements. The Town must undertake at least an initial study (see 14 Cal, Code 'Regs.-,.§ 15063) to determine whether any significant environmental impacts may result from the project. HKNIN148021=5028.2 Marni Moseley November 15, 2010 Page 11 13 Significant nvironment Dug to tin, f eyal Circumstances CEQA Guideline 15300.2(c) provides that "[a] categorical exemption shall not be used where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances." (14 Cal. Code Regs., 16300.2(c).) Our review of, the Town's file documents, together with the observations and opinions of our client's and surrounding area residents conclusively establishes that there is a reasonable possibility the project will have a significant adverse effect on the environment due to unusual circumstances. In light of this evidence, the Town may riot lawfully conclude., with certainty, that there is no reasonable possibility that this project will have significant environmental impacts. "Significant effect on the environment" is defined as "a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance." (14 Cal. Code Regs., § 15382; see also Pub, Resources Code, §§ 21060.5 [defining "environment'), 21068 [defining "significant effect on. the environmenf'].) CEQA Guidelines section 15300.2(c)'s exception applies where there is a reasonable possibility the activity will have any significant effect on the environment ( ".,.the physical conditions which exist within the area which will be affected by a proposed project..." (14 Cal. Code Regs., § 15360)), and is not limited only to circumstances where a significant effect on wildlife, water resources, or some other natural resource may occur. The Guidelines set forth a detailed procedure for determining. whether a project may have a significant effect on the environment. (See 14 Cal. Code: Regs., § 15064.) Notably, "there is no 'gold standard' for determining whether a given impact may be significant" and "[a]n ironclad definition of significant effect is not always possible because the significance of an activity may vary with the setting." (Protect the Historic Amador Waterways v. Amador Water Agency (2004) 116 Cal.App.4th 1099, 1107; 1 Cal, Code Regs., § 15064(b).) "The determination of whether aproject may have a significant effect -on the 'environment calls for careful judgment on the part of the public agency involved, based to the exteni.possible on scientific and factual data," (14 I Cal. Code Regs., § 15064(b),) In exercising this discretion a public agency must' "consider any fair argument that a certain. environmental " effect may be significant." (Protect the Historic Amadbr W6t.erways v..Amador Water Agency,. supra, 1 16 Cal.App.4th. at 1109) In evaluating whether a particular impact is significant, a local agency must consider both direct and indirect physical changes in the environment that may be caused- by the project. (14 Cal. Code Regs., § 15064(d).) "A direct physical change in the environment is a physical change in the environment which is caused by and immediately related to the project," (14 Cal. Code Regs., § I 5064(d)(1).) Dust, WNW4892118275028,2 Marni Moseley November 15, 2010 Page 12 noise and..traffic are examples of direct physical changes in the environment. (14 Cal. Code Regs., § 15064(d)*(1).) "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." (14 Cal. Code Regs., § 15064(d)(2).) Air pollution caused by population growth facilitated by construction of a new sewage plant is an example of an indirect impact. (14 Cal. Code Regs., § 15064(d)(2).) The Resources Agency, in Appendix G to the CEQA Guidelines, has identified a non - exhaustive list of 17 categories of impacts that should be analyzed because they commonly occur in projects subject to CEQA's review requirements: (1) aesthetic; (2) agricultural resources; (3) air quality; (4) biological resources; (5) cultural resources; (6) geology and soils; (7) hazards and hazardous materials; (8) hydrology and water quality; (9) land use and planning; (10) mineral resources; (11) noise; (12). population and housing; (13) public services; (14) recreation; (15) transportation/traffic; (16) utilities and service systems; and (17) mandatory findings of significance. Most local agencies use Appendix G's Enviro ' nmental Checklist form to conduct. an initial study to determine whether any significant effect on the environment may result from a proposed project. As noted in your email of this Morning, the Town has made no effort whatsoever to evaluate the potential environmental impacts of the proposed subdivision, and there exists no staff report, determination, memorandum, or other document supporting upporting the apparent determination that the project is exempt. from CEQA. We have identified significant land use and planning conflicts, potential aesthetic impacts, a known drainage/hydrology problem, and the project's creekside location, as potentially significant impacts that must be analyzed. (See Sections 1-6 hereof, and Attachment A.1 1-0 Significance of A Historical Retburce CEQA Guidelines section 1,53002(f) provides that "[a] categorical exemption shall not be used for an activity which may cause a substantial adverse change in the significance of a historical resource," (14 Cal. Coda Regs., § 15300.2ft) As set forth in detail In section 4 of Attachment A, the residence:. located on proposed Parcel I has been deemed eligible fora local historic designation, and the historic residence across the street from the proposed subdivision is also of historical significance, and may be adversely affected by the proposed subdivision, HOW48021=5028.2 Marni Moseley November 15, 2010 Page 13 Accordingly, an initial study must be prepared in order to identify and mitigate any significant environmental impacts. In light of the above-identified issues, we believe that consideration of the proposed subdivision by the Town's Development. Review Committee is premature. Accordingly, we request that tomorrow's meeting be postponed until such time as all legally: required information has been provided or prepared. We appreciate the Town's consideration of our correspondence, and look , forward to discussing these issues with. you in more detail. Very truly yours, MIiLER STARR REGALIA ristina D Lawson Jl KDL:KDL/Vse Attachments cc: Clients Town Manager Judith Propp, Town Attorney Wendie Rooney, Community Development Director Kevin Rohani, Town Engineer Greg Howell WNW489211825028.2 MILLER STARR )}` REGALIA August 31, 2010 VIA FACSIMILE AND MAIL (408) 364-7693 Marni F. Moseley Associate Planner Community Development Dep Town of Los Gatos 110 East Main Street P.0, Box 949 Los Gatos, CA 9,031 Re. 19 1 EP0 1 1 v a n --la A v e _nu__e_,, _Lo s, G a t o a, Dear Ms. Moseley: 1331 N. Caftfornfa Blvd. T 125 936 9400 Fifth Fic�er P 925 933 4126 W91nut Creek, CA 94596 WWW.Mstlogal.com Kristine D. Law;qn 926 941 3283 As you know, this office represents Matt and Katherine Haberkorn, the owners of 371 Pennsylvania Avenue in Los Gatos. Our clients' property 1,s located immediately adjacent to the above-refetenced property (the "Property"), and our clients own a permanent easement for ingress and eas6ritent over the southeastem 20 feet of the Property. On behalf, of our clients we have reviewed the application submitted by Mr. Greg Howell to the Town on Au ; 94St 16, 2010. Although tale application does not include the proper forms and items, we believe the application requests to subdivide 38 Pennsylvania Avenue- into two separate lots. .U. We note that just last month the owner of the Property filed an. application for two certificates of compliance and a lot -line adjustment. Consistent with our legal analysis, which was submitted to the Town by letter on July 26, 201 the Town confirmed that it could not Move forward with the applicition because it failed to Satisfy applicable legal requimments, . As a result the owner modified the application to its current Based on our preliminary legal analysis, for the reasons set forth below a subdivision of 381 Pennsylvania is not possible under the Town's Municipal Code. t T hi !!1g; 1:1ji rzii lo Of The i II a $on ire ff (_It A c c u rate As you know, this office and our clients have re - copy -m p ..quested a of the a s/I . p at received a copy of the maps/plats, and our analysis Is based pdmarily upon our review of a photograph of a map in the project file. From this photograph, we note Offidew. Walnut Creek / Palo Alto HKNhfi48a21,z18012,1 Marn! F. Moseley August 3 2010 Page 2 that the boundary line of 381 Pennsylvania Avenue does not appear to be accurately represented. 381 Pennsylvania Avenue does not include ali of the former Laurel Avenue, and does not extend toward the creek from the harmer Laurel Avenue. In 1980, the Town of Los Gatos vacated a portion of Laurel Avenue located adjacent to 381 Pennsylvania Avenue (and also adjacent to our clients' property at 371 Pennsylvania Avenue).. As a result of this vacation.. the northwest 20 feet of Laurel Avenue was transferred in fee to the then owners of 381 Pennsylvania Avenue. We are currently researching the ownership of the remainder of Laurel.Avenue (the creekside porflon), but it is clear It'is not owned by Mr. Howell, In addition, the map falls to indicate that our clients and other area property owners own a permanent Ingress and egress easement over the northwest 20 feet of the former Laurel Avenue. This easement was granted to our clients' predecessor-in- interest in 1980, following the vacation of Laurel Avenue, A copy of the easement grant deed is attached hereto. Until such time as the owner of 381 Pennsylvania Avenue can provide a true and correct map Indicating the boundaries of the property, and all applicable easements, we respectfully request that Town review of the proposed subdivision application be suspended. 2. The. QwMr Of 381, Pennsviyan . 11Av e nge :Nas Not Submitted Complete ftdivisloll 6gg L1ca#pn Pursuant to section 24.10.055 of the Town's Municipal Code, a parcel map is required in order to subdivide the Property into two separate lots, This pa, map must meet all of the requ _y el . i parcel irpmonts'for tentative maps, (L.Q.T.C., § 242UTD) Attached is a copy of the "Parcel Map Checking ApplicatioW required by the Tbwn's Engineering Division, As set forth on this application form, various Items are required in conneoffen with a parcel map application, including, but not limited to, a parcel map, improvement plans, soils report, end drainage-1hydraulic calculotions, Our clients have reviewed the file and'ha've not located these Items. Moreover, as we noted in our correspondence to the Town yesterday, the Town has not provided -us with a copy of the map1plat included in the file. As a result, we have been unable to fully analyze the proposed subdiAsion's compliance with the applicable law. In addition, as set forth above, the application falls to disclose the location of private: eas. on the Property as required by sections 24,20.030(6) and 24,40.6-1 bf the Town's Municipal Code.. Our clients are the owners of a permanent easement for Ingress and .egress over the soidheast portion ofbo Property. This easement -- - Ave HKNK4892U818012,l Marni F. Moseley August 31, 201 Page 3 3. Notwithstanding- that we have been unable to fully review the submitted maps/piats, we have identified inconsistencies stencies between the Proposed subdivision and the Town's zoning ordinance which Preclude ap proval of a subdivision 3 . P at 381 Pennsylvania Avenue. Section 24.26,020(b) of the Town's Code requires any subdivision to comply with all applicable zoning requirements, -According to the project file. 381 Pennsylvania is located in the Town's R-1-8-Zoning district. 'in that district, a 20 foot rear yard setback is required, (LG-T,C., § 29;40,406(a),) Such a setback Is not possible for proposed Parcel I because at l0+ 3tion of the existing cottage located On the Property (which is located approximatel 6 h feet from the fence Mr. Howelt erected on the PrQpsity), Moreover, the , proposed Parcel f cannot satisfy the required 25 foot front yard setback (L. G.TZ. 29,4 nonco0.405) due to the location of the existing garage, which is + located very close to (if not on) the fr ont property line. nforming as it is With respect to the proposed Parcel 2, the mandatory 8 foot side yard setback requirement cannot be satisfied because of location of the existing barn structure., (L.G.T.C., § 29:40.405.) 381 Pennsylvania Avenue enue has been deemed eligible. for a local: historic designation, and the historic nature of the property has been well. dodutnOntled by the Town. The residence at 381 Pennsylvania Avenue was constr U-Itted $oftletime. i th 1-880 The home was purchased by Frank. McCullough fiDr'his "maiden lady" sister., Mary McCullough, who worked for an organization for the blind. It was sold in 1939 . as pad of the McCullough estate and purchased by Bill Batch who kept it until 1962, The house was then sold to Dr. Morton and nson Margat6t Mt Ms. Manson resided there Until her death In 2009, ' The house was awardod4Belln ringer plaque in 1.087. In 1987, the property existed as it �does today with the. . exception that in 1996, Ms.. Manson recOngtructed the detached, nonconforming garage at. the front of the property. HKNMW$02J%J80JZ I We also note that swimming pools are not permitted to be located within 5 feet of a property line, 29,10,09020.) While we have not beery able to review the measureM ents showing: the existing pool's location within the proposed subdivision, because of its location We believe it will be difficult, If not impossible, to configure the subdivision in such a way that this requ . irement will be satisfied. Marni F. Moseley August 3l,2010 Page 4 - the corner of Pennsylvania Ave and Wissahickon Ave, the names of the streets being assigned by the Frank McCulloughs, who were 'homesick for Pennsylvania. The house was adjacent to the Glen Ridge Park area] built probably in the l 690s. Mr. McCullogh's "maiden sister" who rived across the street at 381, used this - house as a gardener's cottage. In 1976, when the house was ownedl by. Luther and Eloise Oaptna, it received a Bellringer award, Significant damoge.was done to this house in the 1989 earthquake, and the original turret, as well as the upstairs, were completely demolished. In 493, the house was bouOht by Sabene and Maury Austin who restored it: in the classical Queen Anne. tradition. The California Environmental Quality Act requires a heightened level of environmental review for any project that has the 1potential to sigrifficaritly impact. historical resources such as 381 and 380 Pennsylvania Avenue. Any project that may cause a substantial adverse. change in the significance of a historical resource such as the proposed'subdivislon — is a project that May have a significant effect on the environment. (Pub. Resources Code, § 21084.1)1 Accordingly, an EIR must be prepared to detaftine the• potential environmental Impacts of the propose subdivision, and to ensure that all such impacts are fully and property mitigated. We note that the CEQA Guidelines defines a "subs tantial adverse change - in the significance of an historical resource" to include uphysical demolition, destruction, relocation, or alteration of the resource or its Immediate surroundings such that the significance of an historical resource would be materially lrnpalred.n (CEQA. Guidelines, § 15064.5(b)(1).) The significance cif an resource is materially impaired a Project, such as the proposed subdivision: (1) Demolishes or materially alters in an advem4 manner those physical charactedstics of an historical resource that convey its historical sibn and that Justify its inclusion in, or eligibility for, inclusion in the Caltforrila Register of Historical Resources;. or (2) Demolishes or materially alters In an adverse manner those physical characteristics that account for its Inclusion in a local register of hl8torldai resources pursuant to section 5020,1(k) of the Public Resources Code or its identification In an historical resources survey meeting the ri quirements of section 5024.1 (g) of the Public FWaoUrcesi Code, unless the public agency t6viliewin the Offimts .9 . - O.R....... of #wproject'esfabli.shes by a preponderance of the evidence that tide resource is not histoddaliv or ouftuTksV nif icapt or ............. I characteristics of a historical -.0psophy-sica Mami F. Moseley August 31, 2010 Page 5 resource that convey its historical significance and that justify its eligibility for inclusion in the Callfomia Register of Histoncal Resources as .determined by a lead agency for purposes of CEQA. (CEQA Guidelines, § 15084..5(b )(2 )a} As indicated in the Town's records, this property, and the structures located thereon, have been geld in common ownership since their development in the 1500s. To now separate the parcel into two separate parcels would materially after in an adverse manner the physical characteristics o f the property, including the relationship of the main residence to its surroundings, Because of this potentially significant impact, an Ells must be prepared before any Subdivision can be approved. Pursuant to section 24, 50.085 of the Town's Code, in order to ensure that a Proposed subdivision does not adversely impact drainage in the surrounding area, culverts, storm drains, or other drainage structures are required W be installed iii connection with any subdivision; As you know, our clients' property is located 'dOwlnstrearn" from 381 Pennsylvania Avenue, and drainage from the site has been a problem: in the past, We respectfully request that the Town require the applicable drainage plan to be provided, with detail as to how the subdivider proposes to mitigate the affects of the additional impervious surface that will be created tin the property. Additionally, section 24,50.095 Of'the Town's Code requires the undergrounding of. all utilities upon subdivision. As you are aware, because of the age of tie subdivision, the utilities in the vicinity of the proposed subdivision are not currently undergrounded.. whlte the undergrounding: of utilities will certainly add aesthetic value to the surrounding .area, we would appreciate it if ate could review a copy of the subdivider's proposal to. comply with this requlreirneht. At the present time, this subdivision application cohtains more questions than answerers, and it should not be further processed until the owner of 331 Pennsylvania Avenue has filed a co tpiete application that satisfies the requirements of the Toy m and Provides surrounding property owners with the information needed to properly understand the proposal, While we appreciate the owner's desire to increase the value of 381 Pennsylvania Avenue,. the subdivision. of property within an existing, -- well- establis1hed and- n igl boric d- 'rs- not.tt�. er ltghtiy r ti3a t� -- - - -- - - ,.......�., KKNMM9ZI%18012, - Mami F. Moseley August 31, 2010 Page 6 We look forward to receiving and reviewing -copies of the relevant maps/plats, environmental studies, and infrastructure plans,, Please feel free to contact the undersigned should you have any questions,. comments, or If you would like additional information. Very truly yours, MILLER STARR REGALIA Kristina D. Lawson KDL:KDL/v.50 Enclosure cc: Clients Town Manager Town Attomey Wendie Rooftey, Community Development Director Kevin Roberti, Town Engineer Greg Howel) Jeff Urnett -- - --------- -- --------- HKNMt48A2118i 8D'! Z:1 V Pit 09 S Ohl TOWN OF Los GATOS PARKIS & PUBLIC- WORKS, DEPARTMENT' ENGINEERING DIV181ON PHONE (408) 399-5771 SPRVICE'CUNTER 4.1 Wt,i:l AVENUE P.O. BOX 949 FAx (408)3"'-5763 Los GATOS, CA 95031 PARCEL MAP CHECKING APPLICATION Project Address- A.PX: Description of Improvements: Owner/Dcveloper: Phone: No. of Lots-, Fax: Address: City: Zip-._ ADDITIONAL INFORMATION: L Licensed Surveyor responsible for preparing map, Name: Registration No.:. — Reg. Exp. Date: Firm: Address: City: Phonw. Fax,--, . ....... . ..... F ail; State: Zip: Civil engineer responsible for preparing public improvement plans; Name: Registration Nio.: --- Reg. Exp, Date Finn: Phone, Fax.: Address: E-mail: City; State: Zip: 2. Soils engineer and/or patechnical. engineer responsible for inspections at the site: Name: Registration No.: Reg, Exp, Date: Firm: PhAyne: Fax: Address: E-mail: City: Sta te. General Contractor in charge of work. at the site (if known }; Zip Name:- License No.: Class: Exp. Date-_ Firm: Towa)lusinesi License No Address: Phanc: . . .... Fax: City: State: TlIE rl'r LISTED BELOW MUST 13C S�UBMIITTCD WITH THIS APPL ICATION, AS A I PLIC °Al3L F. Parcel Map (2 Sets) Improvement Plans (2 Sets) Copies of all maps referenced Closure Cqlcul.atiqns Soils Re a ( — --------- ItbMize'd Cost Estimate Title Rjabdft, ifrecuired. Date, Print Name: Title: N:T&EIENGINEERINGIAPPLICATI.ON'.lParcc)t Mapmpd INr'OR.POR,47'EtiAu(,-uv7 1 887 Rev- 6003 lk 3a. Yttrrrxr 1 4r 07 � � �_� > ( }y ii� y �. 11f TEXtif j }t rNBt78AitC CQQPANY- *no; wifi k foYx%rAMP WAR. to „.� fldhyt9Pw 41 4 40 At r i ��br74� `iSi7(.'}��xlP�lfP3ltlk'� �• ntx! I ..� r 41 i ;P �ieki CtW.' bYYtJ'v 1k4(k4 �RkfYx _7 trlr: t)frrCK i;ia .....•..w....... - . �:.'LF'xC1i'f �+Ftz. ____..�, ..— �+=..w».=.+�^ ..•••,•••.�• -•® +3f'1€Ci&. A"tit�3r?t" 19�{t`d.&.IAt� Yk73`� }Iti,C+�i'�ESjrlli:� 13!,175' .. .. ... r^°- saelb r,s irR.t,�tfNr.en ,„,� s +k� r {� 4araput�Cd sp Ya9S Y+lua et pxgjrsitY ca3xt'e'a' +tY do Yss..,d � Ldrwap'sltmi� ft ; ice rBbib 73Sx.ihn?�5u15 wa+stlwbr�nnru eoz* - s.. data+] �3 8'tM1N,t TAntn #mitts sAr.Tasrp ar r8irsa gt.z:xSi• t•� �}�aT7 cC'd vrrt.4tEi6t #*{.vcF�xt++'+4fGrr�iP. k. E +�P ' '4Yr:i'EQMJt'T4C.0 ,11k,t ki/..566 i'OM 1 ht,tX ASV1riSrVX £tt}i)i'Wr MORTON RMON and 1iAAWNUT TA lfiel$iSON, TrUg'r t 1snsler tfax'Tt Daclaration Of Trust a 'Ated A'i?pi:l. 18 ,. 137. in which Raiadnt mar ton mana on. and Hirga:rat xr. Manson age t:ha � (xAgB S.. �4?cNKFT,, ;inx1 SUStsli i�7ltiti Ta tz3a wi ii, At .foir1i. �,Etr 4044 , JOHN P. RdCC${'I.t"7 a yYd',k.i2�sYSS�9 lf: 'iC.lC" lf' i h1 a wife, as 110114t Tenants, axid 1)41018Y P. !Cd.mr9 Y and YiEiit't! {}t Ol $UKEYy eau '.T*.Yir'at a1 xu Jc rlra P rt S' hY`7ran to th parties .t Wea PA 8:Xbihi;t A attacise:Y� �Ita.•ra�to Sii14t1 ei t,pis .04tn6 t °aruatyxri Santa Clara Marart�'rllCrxrrrta,xi�z�rit td DSiallorsrc t4 AoA -i xrwlirulyu pai Anent ea ne"Ot for #rqt�onri And agk6qu over A Fortion Chia Northwest 20 'Wt oC "UsrciA1 A:vrsrula .40. Y1r014,4 A 010 trail of Out Si& iviolon of 011 ak 1 of (Ilan. Aidgd Park, kocorAwd' Aritiw 1,5, lan0 , book .a of HA o, PO'9a 13, Santr Clara .C�rWAY apoords, . the Sauthwdat CermlAux trf 1341 mettt. : d nasc i�einq Tngidtic�n.q# tha the Southr»r;ly prd�lr ii Ceoly line � 1o� 1:7 OhaWrx tin #PW trap and the, Vasiorly iprmkooq., of 4AXA 4a40e) rt u4..h.g. O Srar>thtiily P c1lrrYrtlatdetr Yz Chan naai6ftrly A isf t 12 ahoitnt -dn 41x1# Mi4p; said *As emant is (JrantQ4 as applu -tx ownt tea lnridss tit norlted iu the 00 2tolE orrt Hoxton ttannon a3tc1 AdaY ix et �3t1Pi7Sr3i2, C 7A; 4r£E'R J VOCUrdndl NS34+r?r1Tagr 7, IV75, Vook 4709, drfffc,jtri 8aeorsie, gaga 442; to lands desdrfbed in the 0404 to Gar's F.'kaYtk 1, at T3l, rtporftd NOV - 6mbOr 261, 15'73 r: Ndrdi)C fr i, fif iYrial ;liNtio 1141 payn 61 Y: ku lnrrdo doucvitbad in thu bi0osl to 06hb, P' rtat~ehid , et 'tax Cr1�d�tl iffy 75 107"5, Book U4.17., O fioiwl �i4LCdTrtY£ir Pa +T� 701 0114 to un1YC d3aa4iliiesl In tiro Heed to fla.rn6y. F� 1 11umay slid ?3. TAM Y, rruc;0044 idedrdruhar 10r 1968, ticrok 8396, 'official 0,00ordo, 'page :I., } 3 J . r k{<1E18itB �C7ft "�'fyiF s'kt'+t� .". rssiE,t._.�.._....,....w t_ T±?_1S r.,4:. ».,,..,.,. �4£Ci r "+ A:.�� t y 'A it � �wm w,r ( �- ...�..�� -sue :,arTta C� , MAn.'t`AX 'C'ATffiMP,,GTS X'f101313£8".Tim A;kf.OW P .7�CM1A'tiY : f.k h4 1 MAn.'t`AX 'C'ATffiMP,,GTS X'f101313£8".Tim A;kf.OW P .7�CM1A'tiY : f.k h4 1 f j, 473 4 t ( j, 473 ... y ax..,, -+am - asmEFAHEI- ma.:s-_us a-:! t�vwF. �7= c.: iea.y p•�•..#�g�a74n3;��9tatv�. a , e7c At �Fiinoxt t 4A ;Zley 09 AAA pdtthit M'. x Y: of i t�T t 4 t ( ... y ax..,, -+am - asmEFAHEI- ma.:s-_us a-:! t�vwF. �7= c.: iea.y p•�•..#�g�a74n3;��9tatv�. a , e7c At �Fiinoxt t 4A ;Zley 09 AAA pdtthit M'. x Y: of i t�T t �I F $53 n 249 All that rami fir ro w tslktaate in tha Ton ni: to, 'G3�;to4,.:caun� of Banta O1ata .tats of California, d4ficri -bed 44 Follown; y. 3 A Aon-»e ulutsive, iarmanent 0nadta4nt� for ingxnaa and egress user 4 pore &a)n tag tho port hsta$t 20 feet of t.aurhl 4ivonud as ah vh toss tb% Main of the 6cE?a4vwam of nficl� 3L �f Glen A Park, x�atz�til6d A%46st, 1s, 1. 94, 0666. C o2'b4MVta, � 12, £t;tcttn Matta Co�tuw itacQrd0, as .attthwettt totmiraT3g of ,.4,ld wi suili tt bairag tits twuthctxly tsalrretgat to of the Weaterly Ilnu.4 Sot 17 ohown an raid. firth anti thi :nstorly r xzszn of 'Anil tiara Sc,tkthozly proloaigatieitl tai the' lans :oily UMI oai . tdt 12 ahown ou wd - -)�4o' Saud. eamement is granted an aialattrte ant; to lands dascrlbO in. tbg Dood -to boitart Mo tan .140twoA AAd HnaxgaXo - M7;ttt 14, WXIOW", f?a "nroxaO4 -Nave i 7# 1.975, bmc* 11709, wicti itut;ordx 1+a�go 4,421, to lani ti nsifi€zei ib Matz 1 ubd tc Cagy Kxra�ttak., at n�. xet:axdsld iiov 4r 2G, 1:9'71, ilatyk $04, CftiOidl t`orci`t paga Gx9a to lands• 44j4oiribed in: the i1 ti to' John P ttcaoeblof et 1t*t,. tanozded piety 20, 1975, )3oog 8417, tsft a1 940oxdr, ' 9a 740a AP4 to Xmi'das d$��a�ikrod 31a t13o ee-4 t+7 it > a1dY , ' unsttY d ha i4 Vu."Y r r 4ctxdcz 04, - -- - -- - - -- - -- ... .. .. .. — f ... - -. -. ... - - .s -• n .:i -,..:. ..�..... -av ....:. y .. .- .etW'. r r '�. :- e.v.. " - :s. •'w -.mob ... , i.ir•.. 1.1... l: ' • :..�..::. /...T.�+ :. r- S/Y. .e.:•Y. . .. ...r. . f ..t ... e T .... .. r er. f.:s ff 01D REPUBLIC TITLE COMPAWY PRELIMINARY REPORT ALAIN PINEL REALTORS ' 12772 SARATOGA-SUNNYVALE RD SARATOGA, CA 95070 436 N. Santa Cruz Avenue tds Gatos, CA 95030 (40a) 354.914 Fax (408) 404-0143 THIRD AMENDED R EPORT our Order Number 0618002472-BH Attention.* MARY ALLAN Buyer: DIANA I., ROWELL GREGORY K. HOWELL When Replying POse Contact; 8111 Hastings (408)354-9128 Property Address' 381 Pennsylvania Avenue, Los Gatm, CA 95030 1n re5ponsa W the above referenced application for ar policy of title Insurance, OLD REPUSUC 7TTLE COMPANY hereby reports that it it prepared to issue, or cause to be issued, as of th4 date hereof, a* Policy or Policies of Tfde Insurancia deg.cribing the land and the estate or interest therein hereinafter set forth, insuring against loss Which may by sustained by reason of any defect, lien or encumbrance not Sh6WA or reMnred to as an Exceptfqn below or not excluded from coverage pursuant to the printed Schedules, condildons and StIpulatforfs of Said Policy f0fms- The printed - &captions and Exclusions from the coverage and Urnitations on Covered Risks. of said Policy or Polides-are wt forth in Exhibit A attached, The policy to be issued may contain an arbitration clause. When the Amount of Insurance Is less than that set forth in the arbitration clause, all arbitrable matters shail W'ar6itrat4d at the option of either the Company or the insured as the exclusive remedy of the parties. LifffitatIQns on CovcrW Risks applicable to the Homeowners PQI!t;y of Title Insurance which establish p. E)edVobler Amount and a Maximum Dollar Limit of Liability for certain coverages are,also set Forth in Exhibit.A. Copies of the Policy forms should be rod. They are available from'. the 6fffm which Issued this r.epprt, Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report. ra rieNtly, The exceotions and QUIUSIOns are Meant to provide you with notice of mztters. which am not cave -red 'under the. term of - titfe Insurance 061loy and sho'uld be car It Is Important to note that this prelim linary reportils not a writ representation as to th, e canditlowof title and may not list all liens; def4cbp, and encumbrances affecting titlarto the land. This report (and. any supplements or amendments hereto) Is Issued solely for the purpose of factiltating the Issuance of a policy of title Insurance and no liability Is assumed hefsby-t It It is de-sired that liability be'assume prior to the Issuanct of ,O 0611cy of tItfe Insurance, a Binder or CommItment be revested. Dated as of May 4, 2010, at 7:30 AM I OLD REPUBLIC TITLE'COMPAWT For Exceptlons Shown or Referred to, See Attached Page I of 6 Pages. nRTISR-A (QAv QLD TLOMPNY ORDER REPUBLIC NO , 061.8002472 -S TIE C A H THIRD AMENDED REPORT The form of policy of title Insurance contemplated by this report is, CLTA Standard Coverage POUCY -1990,' AND ALTA Loan Policy - 2006. A specific request Should be made If another form or additional coverage is desired, The estate or interest in the land hereinafter described or referred or covered by this Report Is Fee Title to said estate or Interest at the date hereof Is vested In Martha L Manson, Trustee of The Martha L. Manson Revocable Trust, dated October 26, 2007 and R.M, Manson and K. McDonnell-Manson Rev LT of RM and K Mad U/A DTD 10/10/1998, Robert Morton Manson III and Katherine McDonnell-Manson, Trustees The tand referred to In this Report Is situated In the County of Santa Clara, City of L Gatos, State of California, and. is described as follows, PARCEL CANE: Lots Sixteen (16) and Seventeen(17) in Block One (1). as laid down, designated and delineated upon that certain Map entitled, "Map of the Subdivision of Block No, 1 of Glen Ridge Park in and Adjoining the Town of Los Gatos, Cala" which Map was filed for record In the Office of the county Recorder of the Cbunty of Santa Clam State of California, on August 15 1892, in Book "G" of Maps at page 13, PARCEL TN I The Northerly 1/2 of Laurel Avenue, as shown upon the Map of Glen Ridge Park, herein referred to, as said avenue was vacated by Resolution No, 1980-75 of the Town of Los Gatos, a copy of which , March 6, 1981, in Book F946 of official Records, Page 44, was recorded on Bounded on the West by the Southerly prolongation of the West boundary of Lot 17 and On the East by the Southerly prolongation of the East boundary of Lot 16, Block 1, of Glen_ Ridge Park 'which was filed for record In Book G of Maps, Page 13. APN; 510-41-057 ARB: 510-41.027 At the date hereof exceptions to coverage in addition to the Exceptions and ExcJu$IoA$ In Bald poliCy f orm would be as follows: 11 Taxes and assessments, general and Special, For the Fiscal year 2010 - 201 j, a lien, but not yet due or payable. 2 of 6 nAT OLD REPUBLIC TITLE COMPAXY ORDER NO. 0618002472-SH THIRD AMENDED REPORT IVA 3. 4. Taxes and assessments, general and special, for the fiscal year 2009 - 2010, as follows: Assessor's Parcel No 510 -41-057 Code No, 0.3-191 1st Instalirnent $1. Marked Paid 2nd Installment $1,148,68 M Paid Land Value $59;005,00 Imp, Value $79,324,00 The lien of supplemental taxes, If any, assessed pursuzint to the .provisions of Section. 75, et W,, of the Revenue and Taxation Code of the State of An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided In the following Instrument Individual Grant Deed Granted To Robert Morton. Manson, Trustee, et al., For Ingress and egress Dated June 17, 1980 Recorded July 3i, 1980 in Book F473 of Official Records, Page 283 under Recorder's Serial Number 6791825 Affects Parcel Two And dated August 9 1980, recorded September 4, 1980 in Book F553 of Offtial Records, Page 246 under Recorder's Serial Number 6824901, 51 An easement affecting that poton of said land and for the purposes stated herein and incidental purposes as provided In the following Instrument Easement Reserved By Town of Los Gatos For Utilities , Recorded March. 6, 1981 In Book F946 of .Official Records, Page 44 Affects Parcel Two 3 of 6 OLD REPUBLIC TITLE CoHp:'al+l°y ORDER NO. 06180024 2-SH THIRD AMENDED REPORT 6. Redevelopment Plan, as follows: Entltled Notice of the Town of Los. Gatos regarding Adoption of Ordinance 1882 Approving the Redevelopment Plan for the Central Los Gatos Redevelopment Project Executed By Torn Council of the Town of Los Gatds Dated : December 5, 1991 Recorded ; December 5, 1991 in Book: 05. 5 of Official Records, Page 1734 under Recorder's Serial Number 111'55292 7. Amended Redevelopment Plan, as follows; Entitled Statement of Institution of Redevelopment Plan Amendment By : Redevelopment Agency of the Town of Los Gatos Recorded October 28, 2003 in Official Records under Recorder's Serial number 17#44059 8. Terms and conditions contained in. the Martha L. Manson Revocable Trust, dated October 28, 2007 as disclosed by Gift Creed Dated ; February 2, 2008 Recorded February 13, zao8 in OffiCial Records under Recorder's Serial Number 19742,554 NOTE: The requirement that; A Certification of Trust be furnished its accordance with Probate Cade Section 1g. p The Company reserves the right to make additional exceptions and /or requirements. . Tens and Conditions contained In the R. M, Manson and K. McDonnell - Manson Rev LT of R. M. 8nd K. Manson UJA dtd October 10, 1998 . as disclosed by Gift Reed Dated February 2, 2008 Recorded February 13, 2008 In Official Records under Recorder's Serial Number 19742554 NOTE: The requirement. that: A Certification of Trust be furnished in accordance with Probate Code Section 18100,5 The Company reserves the rlg#ht to make additional exceptions and/or requirements, i 10. The requirement that this company be provided with 4 sultable Owner's Affidavit from the Seller (form OPT 174). The Compan reserves the right to make additional exceptions and/or requirements upon review of the Owner`s Affidavit, i . ncu im-a OLD REPUBLIC TITLE COMPANY ORDER NO, .0618002472 THIRD AMENDED REPORT I / 11. Rights and cialms of parties In possession. The affirmative coverage set forth in the Covered 111s1<s Is not being provided by the policy. -------------------- Informational Notes A. The applicable mate(s) for the pollcy(s) being offered by this report or commitment appears to be section(s) 1.1 & 2.1. B, The above numbered report (including, any supplements or amendments thereto) is hereby modified and./or supplemented to reflect the following additional items relabrig to the issuance of an American Land Title Association 16an form policy: Mz: NOTE: Our investigation has been completed and there* Is located on said land a multi- family residence known as 381 Pennsylvania Avenue, Los Gatos, CA 95030. The ALTA loan policy, when issued, will contain the CLTA 100 Endorsement and 116 series Endorsement. Unless shown.elsewhere in the body of this report, there appear of record no transfers or agreements to transfer the land described herein within the lost three years prior to the date hereof, except as follows. Gift Dwd executed by Margaret L. Manson, Trustee of the Margaret L. Manson Residence Trust Dated April 10, 2000 to Robert Morton Manson, 111, 4 married man, as his sole and separate property and Martha L. Manson, a mauled woman, as her sole and separate property recorded 5une 12, 2007 in Official Records; under Recorder's Serial Number 19466893, Gift Deed executed by Robert Morton Manson, 111, and Martha L. Manson to Martha L. Manson, Trustee of The Martha L. Manson Revocable Trust, dated October M, 2007 and R. M. Mansion .and K. McDonnell-Manson Rey LT of R. M. and K, Manson U/A dtd October 10, 1.998 Robert Morton Manson 11. 1 and Katherine MCD(jrinell- Manson,, Trustees recorded February 13, 2008 in Official Records under Recorder's Serial Number 19742554. 5 Of 6 nAT 1104% OLD REPUBLIC TITLE COMPkn, ORDER NO. 0618002472-SH THIRD AMENDED REPORT Disclosure to Consumer of Available Discounts Section 23553 in Title 10 of the California Code of Regulation neGes iSi tate that Old Republic 11fle Company provide a disclosure of each discount available under the rates that it, or its underwriter Old Republic National Title Insurance Company, have flied with the California Department of Insurance that an a'Pkable to transactions p involving property Improved vAh a one to four family residential dwelling, You may be entitled to a discount under Old Republic Title Company's escrow charges if you are an employee or retired employee of Old Republic Title Company lncludlng its subsidiary or affiliated companies, you may also be entitled to a discount If you are a- member In the California Public Employees Retirement System "CalPERV or the C-Wifornlo State Teachers JkOlrein'ent System "UMS" - and are you are obtaining a loan to purchase or refinance your Principal residence from a lender that is Participating In your respectivp retirement system's Home Loan Program or if you are a member of either retirement system and you are Selling your principal residence. If you. are an employee or retired employee, of Old Republic National 1110. Insvrarice Company, or Its subsidiary or affiliated companies, you may be entitled to a discounted title policy premium. Please ask your escrow or Ube officer for the terms and conditions that apply to these discounts. A complete copy of the Schedule of Escrow Fees and 5erviCe Fees for Old Republic Title Company and the Schedule of Fees and Charges for Old Republic National Title Insurance Company are avallable.for your inspection at any Old Republic Title Company office. CIA 6 of 6 MPT 115R.A Exhibit A STANbA= COVERAGE POLICY -.4990 EXCLUSIONS FROM GOVERA6E The following matters are expressly excluded from the toverago of this policy and the Company will not pay IM or damage, costs, attorneys' fees or expenses which arise by reason of, 1. (a) Any law, ordinance or governmental regulation (Inc(uding but not limited to building or zoning taws, ordinances, or roglriadorrs) restricting, reguladhg, prohibiting or relating (1) the oecupdncyj use, or enjoyment of the land; (11) the character, dirngrislons at location of any irnprovenjent now or hereafter erected on the landl (111) a separation In ownership or a chonge In the difnensions or area of the land or any parxrl of which the land is or was' a p art, or 0/) en me vironrital protection, Sir the eff of any violation of these: iai,w ordinances or govemmental regulations, except to the extent that a notice of the enforcerr nt thereof or a notice of'a defect, lien, or encumbrance resultirng from a vlolaticio or alfegdd violation affecting the land has been mcprded lrt tine public records at (gate of Policy, - (b) any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or entumbrance resulting from a Violation or alleged violatibrt affecting the land has been recorded In the publio ruorcls .t Cate of Gouty, 2. WghtS of eminent domain unless notice a€ the exercise thereof has been recorded In tl;.e ptabitb records at Date of Aq►icy, . but not excluding from coverage any taking whteh has occurred prior to Date of Pol q which would be binding on the rights of'a purchaser € r value without know►edgo. 3, Defect, liens, encumbrances, adverse dairiv or other Matters; (a) whether or not recorded in the puditc records at Data of Policy, but created, suff#red, assumed or agreed to by the insured daimant; (b) not known to the Company, not recorded in the public records at pate Of Policy,. but known to the Insured claimant and not dlsdosed in writing to the Company by the insured claimant prior to the data the insured dalmant became an Insured ynder this policy;. (c) resuidng in no toss or damage.to the Insured claimant` (d) attaching or creatad subsequent to mate of Policy, or (e) resuiting tit Ions or damage which would not have teen sustdlded if the insured claimant had paid value for the insured mortgage or for the estate or Interest Insured by this polity. t 4. Unenforceability of the lien of the insured mortgage muse of the inability or Whim of the insured at Date of Policy,: or the Inability or failure of � any subsequent owner of the indebtedness, ko� comply with the appiicablo doing business laws of the state in which the land is .situated. 51 Invalidity or unenfarceabifty of the lien of the Insured mortgage, or daim thereof, which artsA_s out of tk* transacdon.01clenced by the insured mortgage and is.based upon usury or any consumer credit protection or truth in lending lanr. 6. Any dairn, which arises out of the transacdon vesting In the insured the estate of interest insured by this. policy or the VInsaction creating the interest of the Insured lender, by reason or the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEif'nONS FROM COVERAGE - SCHEDULE 3, PART.I This policy does not insure agaiftst loss or damage (and' the Company will not pay costs, attorneys' fees or expenses) which aria by reason of: 11 Taxes or assessments Which are not shown as existing Ilens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may mutt in taxes or assossrnants, or notices of such proceedings, whether or not shown by the records of Such agency or by the public records. 2., Any facts, rights, interests, or drams Which are not shown by the public records but which could be ascertained by an inspection of the land which may be asserted by persons In possession thoreof, 3. easements, fens or encumbmn.ts, or CIsirn% thereo €, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortoge in area, encroachments, or any other Fads which a correct surv6y would disclose, and wNch are not shown by the public records, 5. (a) UnpatentAd mining d$lrnsi (b) eemrvatlrrns or exceptions in patents or In Acts authorizing the Issuance thereof; (c) water righbs; claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records, Page 1 of 2 Exhibit A AMFIldCAN LAND TITLE ASSMU17ON LOAN POLICY 6F TM' 9 II4SURANCE - 2006 EXCLUSXONS FROM COVERAOr The following rn2itterS ark eXPreSSIY excluded from the Coverage of this policy, and the Company Will not pay 1099 ar damage, costs, attorney$` fees, or expenses that arise by reason of- I. (a) Any law, ordinance, permit, or governmental rtgu(ation (Including those relating to building and zoning) restricling, regulMng, prohibiting, or relating to (1) the occupancy, use, or enjoyment of the land,` (11) the dharacter, dimer7sieN, or 100tton of rly Improvement erected on the Land;. (111) the subdivi on of land; or {Iv) environmental protection; or the affect of airy violation raf ryr laws, ordinances, or govemmental regulations. This Exclrasiran 1(a) does not modify or limit the cvverao provided under Covrared Risk S. (b) Rhy go vemmentai ponce power. This Exclusion 1(b) does not modify or limit the coverage provide uri d er C ovenW Ris 6. 2. Rlghts of erralnertt domain. Ttris Exclusion dG.e, not mWY limit the coverage, provided under Covered Risk 7 or 6. 3, Defers, liens, encumbrances, adver5a claims, or other mattes (a) created, suffered, assumed, or agreed to by the insured Claimant, (b) not Known to the Company, not recorded in the Public Records at Cate of Policy, but Known t4 the Irrsuctd .Gdlr►23 rtt and nbt,dlSClostt in rGriting to th6 Company by the Insured claimant Gnarto the loci* the Insured Clalmarr- became 8n Insured u er t`rIs policy, (e) resvlOng in no low or damage to the Insured CialMan4. (d) o 14); or a or �ea�d sober quent t0 [date pf Pol o r 14); (however, this dos not mod$1 orilmit.the coverage provided render Ciatlerad Risk 11, 13, (e) rpSulting In loss or damage that would not. have I*en sustained if Me Insured Claimant had paid valge for the Insured Mortgage. 4. UrrenforrAabtllty of the lien of the Insured Mortgage because of the Inability or failure of an Insured to, comply with applicable doing - business taws of the state where the Land Is situated. S. Invalidity or unenforceabilty in whole or in part of the lien of the I nsure d M o rtgage that arises out of the transaction evidenced by the Insured Mortgage and is Wed upon usury or any consunher credit protection or truth-in-tending taw, 6. Any claim, by reason of the operation of federal bankruptcy,. state insolvency, or similar cr edkors' right laws, that the trarlsactlan creating the lien of the Insured Mortgage, Is (o) a fraudulent conveyance or Fraudulent transfer, or (b) a preferential transfer for any reason not rotes In Covered Risk 13(b) of this policy, 7, Any lien on the. Title for real estate taxes or assessments irnposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage 16 the Public Recordg. This Exclusion does..not. modify or ltrrA the coverage provided under. Covered Rick 11(b)• EXCEi?' ONS FROM COVEii AGE — SCHEDULE 8, PART 1, SELMam ONE This policy does riot insure against loss or darnage (and the Company will not pay , atlasrn &W fees or expani ses) that �i se by reason 01`. 1. (a) Taxes or assessments that art not Shown as exildng liens by the Records of any lax ng authMty that levies taxes or assaimmentil on real property or by the Public Records; (b) proceedin gs by a public agency that may result:in tem_. or assessments, or notices of such proceedings, whether or not shown by the recrords of such edeihty or b the P u blic Records, 2. Any facts, rights, interestis, or delrrrs that are not skhOwn by the P411C Records but that Could bo assert .Ined by an insvedQn of the Land or that may be asserted by persons In possession of the Land, 3, Easements, liens or encumbrances, or dalmS thereof, not shown by the Public Records, $. Any encroachment, encumbrance, violation, variation, Of adverse dmumstance affecting the Title that Would be disclosed by an accura and complete land svr-y of tha Land and not shown by the Public Records. 5. (a) Unpatenttd mining claims; (k) rts8rvatlnris oc exceptions In iWents arfn Acts issuantt thereof; (t) water fights, claims or title to water, whether or not the matters excepted under (a); (b), or (c) are shown by' the Public Records, Page 2 of 2 Old Republic Mile Company Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm-Leach-Billey Act (GLBA) generally prohibits any'linandal, institution,. directly or through its affiliates, from sharing nonpublic personal Information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of Information that It coliecU about you and the categ'dries, of persons or entities to whom it may be disclosed. In compliance With the GL . 8 . A, we are providing you With this document, wh)ch notifies you of the privacy policies and practices of Old Republic Title Company, We may collect nonpublic personal information about you.-from the following sources: Information we receive from you such as on applications or other forms, Information about your transactions. we secure from our files, or from [our affiliates or] others, Information we receive from a consumer reporting, agency, Information thk we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law, We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing. agreements: FinanOial service providers such as companies engaged in banking, consumer finance, secUritles and Insurance, Non-financial companies such as envelope stufferg and other - fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMTION ABOUT YOU WM ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW., We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you, We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. ORT 287-C 5/07/01 ell (/ e >J nrrrr'rr+v'frrr>rrr� f,;5c .1'4rrri fl4:r'rnleu' { ✓ir. /,s Mnjrr fF Mr,�.r.. e. -. f.• ).• Al a M L. , •., c ! j •. y al i ti r r ! / J - A...r r lrlllrrF €fr / �� ✓r}iJ r /v1ra. ,. .r ., r„.. >, T ,-r^ -� r J`v J .f 6, .tt r ,+, rn J e 4 .vk r v , ,%!i! .,,J r',]',.a >r4•'� !..> �Ji€ ,r utcrf„r' F r ..tr t., . I,,, r. s. J` / < r ✓ ! J J' f rin r [.[t 4. ✓>r�Jr<r ✓.l` ,.r.^r + +. r.. .rL . >„ �.. e. J J f�.,,e ��'. (' J ,•. trn.. nr • ,wr n.r r r n .. rX ,.:.r� f I r' /ri r ,'NrJS -✓ �/r YJ.t>�,f�i/�i ✓7 r : n.,.,r.rr.. r rn.'a „ r ., ,.t r , f l rrr. J,.a.<,...rr.,r /r1 All" /, �Jf.,-/A e% eirJ f n.......•.. a}� � ' .T '!' lv �r'Ifli'f- ` ..1/ �.� � sf �� /.o - .!<rP�l:r.,�. j r?.rr:.r.,�n €/ /!t' fvJr rn l;r�'//ir /Ir �'I><i• A ,f >n ��r 4 tr ! „r ,,.dor /i: ✓ I ri�r rA - r y rr /rrr f rrhr rr „N 1 .z >r /,wr dxn., rr..r nr,! .r„N � rt +4'� A£ n., 5%:.,r rnr> ri ;.,o ::- ,•j ">;.i:� r�F �,.. J.•r .r . [.. <r,,w<r. ,..r,. .•e• >.. r.r J• r..l.� ir.. � Ir�,K'Trnrf r f. ,n...!n ... <.A� .l',e,4,.s'en,r AA; J!h,.•,•'l• H' ,. l.,,rA. /.,.. •� ...r„ n ate. /,..ro ° ' zror,rr / ».r.- ../!>.,..:,.v..,• ,., v .......... al i RECORDING REWESTE0 BY' Old Republic Tide Company Order No..' 0618002'472!- APN! 510-41-057 When lkamrded Mail Domment and Tax Statements bo: Diana L Howell & Gregory K Kowe(l 381 Penn"Onla Avg Los Gatos, CA 95030 D 0 C LIM 8 9 T - ik ad:r� r524 Pages. Fags 30.00 Taxes. - — C=f CQP es, � AMT' I!% 10 30. L_ 9EG'14A ALCOM NDRA5 RDE 1 024 SANTA CLARA CG N7y RECORDER 6/3012010 Reco'eded the request of 8:00 AM Oid Repvblja Title Company SPAaAMYE MSUWZ MR AMXMV*� Grant tided Filor requeata record &tAMP value The underioneo Pritor(s) dedarefsl! 4 Documentary "framer Tax is � '#, j jib (X) 4=MPUW 011 full valid: of Prop" corivem, or com uto brW15 at time of sale, on full value less. of liens end enWrn, unincorp=ed area; M city of LOS Gates FOR A VALUABLE CONSPERATION, receipt of which Is hereby admomedged, Martha L Karywn Trine of me Martha L . Moson Revwble Trust dated OctoWr 26, 2007 and Robert. Morton Manson 111, Trustee and Katlieflne MrbanneJI-Man wri, Tru5tLm of I'he R.M. Man= and l- McDonnell-Manso► Rev LT of RM and K Mansoo UJA PTP hereby GWS) to 301 ?waysylvanla ivenue,- a California Limited tla ility Company that property in Oty of Los Gatos, Santa am C=ty, to of Callfomla, desmWls: See "Exhibit A" attached hereto and made a pDrfhormt. FILOR RE tolls DO NOT RECORD UIANIP VALUE Date 3urve 01 2010 *****TUIS DOCUMENT'SIGMM IN C0WSRPART* The Martha L. Man= L*vocable Trust dated O=ber 26, 2007 By. Si t - ned in Counterpart g ' - Martha L Manson, Trustee The. P.M. Mar= and K. McWnriell-Mansoh Rev LT of RM and K MaajWn� /A DT D 10//011999 BY: " Ro I Me nso ' 'Tru Robert. Motton Mairn P e t therine - f4d)onrWI-Manson Tmstee M Gmnr Dead MAIL TAX STATEMMTS ASOTUCTED Arm Page I of 2 RECORDING REQUESTED sy., Old Republic TWe. Company Order No. 0618002472 APN. 510-4 When Recorded mail Document and Tax Statements to; Diana L Howell & Gregory K Howell 381 Pennsyllvartlat Ave Los Gatos, CA 95030 The Und"Ped grantor(s) dedaretsl; Docume=ry TransW TAX is ° w Sf-t AttOCO ()o computed on full 4alue of property conveyed, or computed an N1 value less of liens and encumbminez remaining at bme or sale, Unincoirpor arezA, (X) city of Lou Gatos FOR A VALUABLE CONSIDERNnON, MCRIPt Of which Is hereby acknowledged, Marft L. Manson, Trustee of The Martha L, Kane ReY=bte Trust elated October 26, 2007 and Robert Marton Manson in, Trusttm and Katharine McDonnell-Marmn, Trot of the RM, Manwn and K, M�or'ftll-Manson Rev LT of RM and K Mansm U/A DTD 10/10/1998 hereby GRANT(S) to 381. PeAt$Y Avenue, a California Umited L Company that property in Oty of ios Gatos, Santa Clara Ctatty, Slate of California, das&bcd as: * * * See "ExImUt A' attached heretD,and made a Part hereof. * * * Date June 0% 2010 "W#* TKS DOCUMM SIGNED IN COUNTERPART*— The Martha L Manson Re able Trust dated Oduber 26, 2007 The RX Manson and V- McDonnel-manso R LT of RM and K Manson UJA DTO 10110/1596 BY Ott%2- L Ma , 'Trustee Y, SIDnedd in Counte-,np Robeit Moftn Manson III, "fir See Grant Dow 1 TAX UAn"ENn AS DIRCCrW ASOVE Page I Of 2 5tat o County. of , %? ULM ' o vIV4 0 Cj �. before ,me, "' t i N= blte, P.M nWly Rt r a who proved to me an the bads of saWa=ry 'e ide= to to the perwriW Whoft name} Bare subsajbed' to ttte vHthtn instrument and aftcwtedged to me that he/she/they executed the same tn�(t�e[r e�hd1� bo0ty(o), and that by h1s erjthmlr aignMr pan the 1r��trume'gt::the peMn( ,' Or the en lty upo'n' i Wait of w t the pefMf ) 9CWj executed the insnment. i carufy under PENA0Y OF PERJURY under ft I*Y4 of IN St O Of 00 . 1 4006 that the foregoing 00tragraph4a tru4:4tid correct. WiTNFSS my tend and official seat. r . t�. Signature • 1'� Name ,. or R . N v Gravit Deed P;4eZof2 State of California County , ;, O ... ....... before me, Date .p-. red �. P411 who proved to me on the basis of sati name e 'dence to be the person Khose name k hsl are subscribed to the within instrument and acknowledged to me that he /she /they executed the sane in his /h r/th_eir authorized capacity ( )f and that by his /h / their sign J can the instrument the person (, or the entity upon behalf of which the person W acted, executed the instrument. I certify under PENALTY O F PE RJURY un.d'er the laws of the State of California that the foregoing oin paragraph is true and cor ect= WIT my hand and. official sea], Signature f v SiVature u Nom ubiic Pace Notary Seal Above State Of _ Cbunty of On befate in Jde' m _. Notary Pubbiic.t,rW1y apart who proved to me On the 4aS6 of W* ry evid4rtce to be. tote pe rsbri (s) wh_m name(s) Is/are sukrlbed to the wbin In9mment and aelmowledgM bi me th heJth a cbd the urne'In hwher /their euthadzed I �Y( ) and that by hWherjth& signature(s) on the Instrurnent the perwr (a), or diee entity upon b4half of which the "n(s) acmd, ex=tcd the irrstmment I certfy cruder PENALTY OF PERJURY under the laws of the State of Cafffbmia that the, foregoing peragmph Istrue and correct. WrMESS ray hated and AM gal. P��F4sy �tit�tt� - G?�tTior�tg . Signature trNanter4y County Fla sky* or p ) (kea rftffvW for afffcW. notarial m U Gram tI Page 2 of 2 ORDER NO. 0618002472- The land refer to is situated I n the COUMtY Ot Sarlia Cara, City of Los Gatos, Stat of California, and is desd bed as follow$, LM -qXWn (16) and Seven n(17) In Blodc one (I). as. laid down, designated and delineated upon that certain Map entitled, Na V 0 the SubdlvWon of Block No. I of Glen PJdge Park in and Adjoining. the Town of LOS Gat Cala" which I was for rec.ord its tote Office of the County Recorder of the COunty of Santa Clara, St of Calftrnla, On AuguSt 15, 1 in Ilk "G' of imps, at page 13. PARCEL 7WO-, no Northerly 112 of Laurel Avente, a$ shc;wn upon the Map- o f (51, Rld�ie Park, herein ref�rred to, as said avenue vms I en vacabW b y RewlUtiOn NO. 1 "0-75 Of the Town of* Los Gatos, a Copy o f which was recorded on March. 6, 1981., In Book F)46 jof omcial Re6ords, Page 44. 5ounded on the West by the SoWerly prolongation of th 9 ft*t boundary of Lot 17 and on the East by the Southeriy prdongadoh of the Eastbouhtlw of Lpi SB Block 1 Of Glen Ridge Park Whlch'WE4 B. far r=rd in Book G of Maps, Page 13, APN: 51&41-057 ARB: 5113 I-c27 Page I of 1 i• , t Y SJ 464820 ---. ReCoRotNG Reaulis7£P aY +y tN`E5TFJEN 7E7tE Et7SURAMCE COMPANY �' r �•: x!€33 Awo ahrts aitaaesa Marc -ta ��wod 9t th9 ttpuedc4 �••! �W, R. Hassher wmsm77110I rmrureCA •>a.r.. F. D. Boa 355 JUL 3 ti4 o.r.s Los Gatos, Ck 91030 1.5980 _ a. ,! {tEff.R�,E A AtFItA; R6caEtkr - ' 473?! --283 83 Title Etta No — _ Escrow ho. ., '$PACfi A9OY+ETNILf i.P1'!C - POR P&CG11@SR$tJ91i sax \IArr.r.t•+r to Elaumenta irutiter tAr .lIQp4. ..$ttA4i+�Dt.,... ttwc fJ t,ampntrtd. bb tirEl value. of DrVp?rty canvetrd, ar A4gsf.[ sassy as above Q t'am➢"tat on ,alt calve Edu 1103 attd mijo`hMrlm rlma {nlnE th,3CCn Att {{ntS tll�a(4• a � � aaAArrm.t areurler�;+twfraie. +i+uir>14r�: M. 31nbibtbuai grant )D eeb wzsvran nuz rail, ka; +o: FOR VALU$ RECEIVED. ROSERfi MORTON MANSON and MARGARET L. HANSON, Trustees tinder that Declaration of Trust tilted April 18, 1975 in Which Robart. Morton: Hanson and Margaret L. Hanson are the TtUstorsr GARY, I.& itANKZL and SUSAN KANXEi, his f�NN't�f f 7 wife, as Joint Tenants; JOHN W. RdcCI 10 and ARLENE Ef. KOCCBZO, his wife, as Joint Tenants; a:sd BARREN F. TUMEX and BERTHA M. 9E1HBY, a Joint �foypy,Ngf, €ahi�`iregrant to the parties named on fthibi.t A attached hereto Tosco of Lou Oaths Counly Santa. Clara StaicofCa4torala ,doesrlhsdas(allows A non - exclusive permanent easement for ingress and .egress over a portion of the Northwest 20'feet of Laurel .Avenue as shown on the Hap of the Stibdivision of Block 1 tit Glen Ridge Park, recorded' August 15, 1897, Book G of Haps, pasta 13, Sants Glans County Records, the southwest terminus of said kayemeot lheing the Southerly prolongation of the Westerly line of Lot 17 shown on raid leap and the Rasterly. terrini,nus said easessetst being the Southerly prolongatiOn of the Easterly line of Lot 12 shown on Skid Map. Said easecmertt is granted as appurtenant to .lands described lathe Deed to Robert Horton Hanson aad Margaret L. Hanson, Trustees, recorded November 7, 1975, Book 0709, Official Records, page 442; to lands described in the tread to Gary P. EEankel. at ux, recorded November Z6; 1971, B ook 9604, OEfioial Records, page 619; to lands described in. the Dead to John P. R6<:ch£4. at ux, recorded Hay 20, 1979, Beak. 0417, Official Records, page 748; and to lands described in the Deed to-Barney F. Tumay and Bertha M. Tumey recorded December 3:0, 1968, Back 63 0'6, official Records, page l, t� 19 Cwnlycr Santa ,elara �.r. ne 29 .. iO l•.fu,e mc, Ihe I Nataty. P°nDix.la zn8 rat said suit, pa.oatrl� Wa;"kd.— A in P. ROCCyo & AA Nl6 Ef ROCC€10 lnaan to ma+r, be the pktlrrn`�.vtitit ]ii. aYe ' MWntw+ ltothe at10nv1tdVdtamehilt t r„•Y_ cu.uted the UAW, ..........., �....+G, w.. C atlry ES.ttt: ROBERT MORTON mANSAN r _fti: fi �a WSON SUSAN RAN t t rE /tit !11 » .jc r i , �1U i s - —° - 6 Jur'n afl for- , 1 OFFECTAL SFA IT lY P, HAMSHE .-...' s3,lF S rid rt 1 Mitt tSf m n tr s t,:l t3, 1GSY 64AIL TAX'STATEFAMYS AR WRECYgo ABOVE raw sa N i � E 19 Cwnlycr Santa ,elara �.r. ne 29 .. iO l•.fu,e mc, Ihe I Nataty. P°nDix.la zn8 rat said suit, pa.oatrl� Wa;"kd.— A in P. ROCCyo & AA Nl6 Ef ROCC€10 lnaan to ma+r, be the pktlrrn`�.vtitit ]ii. aYe ' MWntw+ ltothe at10nv1tdVdtamehilt t r„•Y_ cu.uted the UAW, ..........., �....+G, w.. C atlry ES.ttt: ROBERT MORTON mANSAN r _fti: fi �a WSON SUSAN RAN t t rE /tit !11 » .jc r i , �1U i s - —° - 6 Jur'n afl for- , 1 OFFECTAL SFA IT lY P, HAMSHE .-...' s3,lF S rid rt 1 Mitt tSf m n tr s t,:l t3, 1GSY 64AIL TAX'STATEFAMYS AR WRECYgo ABOVE raw sa N E EXHIBIT A {�ranta.ee} , Robert, Morton Mmnson and Margaret I. MansOne TrUdtees under that peelaration of Trust dated April 28, 1975 in.ahieh Robert MortOA Hanson and Xatgaret L. Hanson are the Truatorae Gary P. Xankel and Susan Nnnhal, his wife, an JOiit Tanantsr and Barney Y. 'Tumey and 8arthe M'. Tumey, kin Joint Tananta. f _. ., m s..e.d. ,., .,. «.wmw....b<. _ -wn �wr +. • t t c SJ 464420 ,,.^`RtcY?RDINCI R¢pUQSI'6R HY O 6f.�249C q °` akc9v�+�`$tsr ARU WRSR'ASSaaaAt) ?YAt41'd P .O. sox 355 - Loa Gatos, CA 95030 Q0 ( �p0� -419W I. T)tA' OtdSF NE1.,_.. NO aan,,,. xr.YFwry UNA VCR RKeo"I a's URA r to "") 17 ranaentpry'tza±raler'tax 9NDn�; �aAR�9�;tt..�ly R +aT xen.n. t1 Gvmp�ted�on. .fdti vatua.of yraygrty e9ATeyxd; oT R MWPUtad ab:tNl VA14 N. Him and;rncumtiVApCpA -same as above- iiab{m0.00two at'ttaYa of aade< Cr.X 4 n , ,� ►testa n 5 1 Us 2neur coupsrty Wcs. i aT�,nt r��,urnt • • •• �• Inbibibual grant o teb YV[6T[Ntt TIT4C FVnN ry0, Yff[ FOR VALUS RECBWED. RonIRT MORTON HUSON and HARGARST L, MANSON, Trustees under that Declaration Of Trust dated April 18, 1975 to which MbQrt Morton ka'nsoa and.Margarat L.. Hanson are them T.rustoray GARY P- KANSBL and SUSAN SANxRI, h is r$WIAZI)V v1fs AN Joint Tanantat JURN P. ROCCCU10- and ARLEXg gf: ROCCH101, his Wife, as Joint Tenants; anal BARNBY F. TCS= and BEATBA M. tM.yv as Joint Tenants, do her'sky Grant to RDBtRT MORTON "ROOM And MARGARET L. MANSON, Trustees under that Declaration of Trust dated A$G,, �$,, X97 h Robert Morton Ha »don and Margaret L.. Hanson. are the Trustorst- GAtl�l$pN�� SUSAN Y.ANAEL, Me wife, as Joint fetaaritst 47M P. ROC SO and ARLENE It. ROCCRYO, hie wife, as Joint Tenantat and BARoEY P. TUM and RE ' m. M. TUMEY, as Joint Tenants all that real property situate it the ToNn of Lod Gatos, County of Santa Clara, State of California, dosarihed an Lzhibit A attached hereto This Weed .ia A 411P iCAtiori of the Deed recorded Jt3ly 31, 1380. Book F473, Official R@COxd�, Page 403, and is being. recorded to add the names of Grantees greeicuely Omitted, in artor, w ttawTNia to cad to eetJ 5Yal� pazr�ilttr' +pvnrad. lao— . to me to be the P"WO_ nHma TV.mc __&'X YabpTiyaq the -HMO t"Vffe 4Ud. '4Vd to ma thu ..he._tKaved . / . dry R4bfic MR NOTARY �� BsJA 2��3e+iati!EK NOTARY tY�C— tJdSeRldh K. MYKFi Bt fiAkt 9L1� t7�1M't'Y LT faWYSa& # t6 .IEOt to MAIL TAX UY•a74MANTA All VIRCb`f O Aooyg li ' Y...., - :"�aY`•+- .._w+.F�...y .....'t - �Fir .T_ . ^�'apera- ....,.p�,,,r j.., Y#UUT' HOT COMMLY MA DI „+;' F S53 nF.248 All that real property eituate in the Tovm Of T;om Gatos* County of Santa Clare, State be Califoinia, described as folloust A non _es c l u sjvt t parmanenk easement for ingress and ei over a por�,ioxk of , the Northwest 10 ' fe ' tt of Laurel Avenue 49 Sfidi4n an the Map Of the subdivision I of Block I of Glen Ridge Phrk, recorded August 15, 1892, book G of Kapo,r.va 0 13, Santa Claza County Recordai the Southw&at terminus Of 'said. eaeemb4t Piing the southl�;Iy. pvql64qjtiioA of the . Weatt-mly lim Lot 17 51joWn On Said Map and the 7S4Starly terminus of said easement baing. thjm Southerly Px0loalatibn of the Easterly Une.o.f Lot 12 sham on #aid Map, Said aaammut " granted As appurbananii to lands degarlbed in the Deed to Robert Morton Hanson and ftrgave.t. L. msvnson; recorded November 7 1975, Book $709, Qfttcial Records; page 4421 to Santa 4080rlhO in ths. Deed tc Gary r. Kankel, at ux. -recorded Novim6v 26s. I971, Book 0604 OftiOial Records page 629;. to lands ftsogf.bed in the Deed to 4ohn ' P. Rocchio, et Ux, xtcOxddd Kay 76, 1915, a go); IM17,. ' z4j t a lands - degrilbad off in the Deed to urns r -and Bertha M4 •=6k -, recorded December 36 . Tamey 1968, sook Offi cial Record}. page 1. Sec. 24.20:030, - Contents..' Every tentative map of a subdiviSio4shalli inolurio the 1ollowingInformetion: (1) The tract. name or designation. (2) A sufficient legal description of the Wrid to define the boundaries of the proposed tract. (3) The name and address of the owner and subdivider and of the registered civil engineer or licensed surveyor, (4) The locations, names and w ' idths of all adjoining highways, streets or ways, the names of adjacent subdivisions and the names of record owners of unsubdiv ided adjoining property. (5) The width and approximate grades of rights-of-way and roadways for all highways, streets and ways within such proposed subdivision, with ty cross .s.ections showl ing proposed improvements. (6) The widths .and ap existing 'or proximate.lqqations of all . prapdsad. eosernonts,. whether publIc:or private, for roads, drWhsge - of sdwers'. (7) The approximate radius of oil curves. (8) The approximate lot layout and the approximate dimenslonsbf each lot. (9) The approximate location and directon..of flow of all watercourses and natural drainage channels; and approximate locations of sit -are'a's covered by water or subject to ovefflow. (10) The flood hazard area and tho-elo'vatlon of the base flood. (11) The :elevation . of proposed structures and pads, if the site is above the 4ase.flo '0 d, the finalpad elevation shall be certified by-a registered professional engineer or surveyor and provided to the Flood Administrator. (12). The source of water supply. (13) The proposed method of sewage disposal. (14) The proposed use of the property. (15) The proposed public areas, ff any. (16) Contour lines showing one-foott contours for ground slopes of less than five (6) feet vertical anddhe hundred (100) feet horizontal distance, and five-foot contours for ground slopes, In excess thereof. Such contours shall be referred to the mean sea level datum as established by the Unitd States'.Ge oldgicaUSurvey or fo benchmarks established by the Town Engineer. Proposed cuts and fills shall be clearly delineated on the Mao in accordance with the%orloVisions of cha pter 12.. (17) The date north point and scale. (18) The number of each tot. (10) The approximate location and otitlla6 to scale of each existing building or structure which Is not to be moved in the deVelo.prnent of the subdivision. (20) Each street shown by its actual street name or by a temporary: name or letter for the purpose of identification unfit the proper name of such street is determined. (21) The proposed division of land and airspace within the subdivision.. If it is Impossible or Impracticable to place upon the tentative: map any matter required in this section, such matter or information shall be furnished In a written statement which shall be submitted with such map. Sefbts preparing a tentative map'the subdivider and his engineer shalt familiarize themselves: with the subdivision design standards of the town which may be adopted from time to time by the Town C6uncll. {cede 1968, § 27-9; Ord. No. 1763, § V, 140-348 .1 i /, _ _ _ i il A4 � Oil � 4 � 4 1 ,,ry$ r 3} $' AM Y 31 �f: 1 _ 1 1 ft F -'ed A4 � $' AM 1 1 , F J e � t 3 E J £f f 6 s I t� v«2 »- <y� � S © -: ... .. \.� . .. .... % w \� ,. m 4 2\ K - >\ � «� »I »� z _� .. � � \ . : /. y ol _ \ a . a� ƒ�� ,. SO ... .: _ »� THIS PAGE INTENTIONALLY LEFT BLANIC m TOWN OF LOS GATOS COMMUNITY DEVELOPMENT' DEPARTMENT CMCCsM PLANNING DIVISION 110 E. MnuvSTRar (408) 354 -6872 FAX (408) 354 -7593 P.O. Box 949 Los GaTO$, CA 95031 November 10, 2010 Kristina Lawson Miller Starr Regalia 1331 N. California Blvd Walnut Creek, CA 94596 RE: 381 Pennsylvania Ave Subdivision Application M -10 -007 Dear Ms. Lawson, This letter is in response to the letter received by the Town of Los Gatos from you on August 31, 2010. Staff acknowledges that at the time of the original application submission, the subject application had several deficiencies. Through the application review process staff worked with the applicant to address those deficiencies. The following information is provided in response to the specific concerns listed in your letter: 1) Engineering has verified that the property boundary lines are depicted accurately on the tentative map as verified in a recent title report. 2) The Town's submittal requirements are general in nature, and consequently, not every application will require each item listed on a specific checklist. The Town reviews each application for the elements necessary to determine the application's compliance with Town Codes and applicable Standards and Guidelines. The application has been deemed complete and in compliance with the Town requirements. 3) Section 29.40.015 of the Town Code allows accessory structures to be placed in the required rear yard up to five feet from the rear property line. The accessory cottage is detached from the main structure and is therefore defined as an accessory structure. A) The subject site does not reside within a Landmark Historic Preservation overlay zone, nor is the site designated a historic landmark. The house located at 3 81 Pennsylvania is considered historic in that it was constructed prior to 1941. No modifications to the house are being proposed with the Tentative Map Application, therefore there is no impact to the historic nature of the site. The Bellringer designation merely states that it received grant funds under the Bellringer program to improve the existing house. The program was not funded, reviewed, or operated by the Town of Los Gatos. 5) The Tentative Map Application will have conditions of approval that will require either installation of the required public improvements or bonding for those improvements. Those improvements are shown on the current Tentative Map. The subject application will be heard by the Town's Development Review Committee on Tuesday November 16, 2010. If you have any further questions please contact me at 408 -354 -6802 or mmoseley_a,losaafosca. aov rNCORPORATED AUGUST 10, 1887 4n EXHIBIT 8 LM 381 Pennsylvania Avenue M-10-007 November 10, 2010 Sincerely, M mMoseley F. M a 4 Associate Planner WR:SB:JP:MM:ah NADEV\MamASubdivisiork381 PennsylvanUawsorrlettendoc TOWN OF LOS GA1 COMMUNITY DEVELOPMENT DEPARTMENT �QW 110 E. Main Street Los Gatos, CA 95030 �Q jos APPEAL OF THE DECISION OF 6A DIRECTOR OF COMMUNITY DEVELOPMENT OR DEVELOPMENT REVIEW COMMITTEE PLEASE TYPE or PRINT NEATLY I, the undersigned, do hereby appeal a decision of the COMMUNITY DEVELOPMENT DEPARTMENT/DIRECTOR OF COMMUNITY DEVELOPMENT OR DEVELOPMENT REVIEW COMMITTEE as follows: DATE OF DECISION: t VO V&'N Pj ,_ IL ZC� r PROJECT /APPLICATION: 5 V a?p , App, LOCATION 38 PEFA)N5Y LV6Aj1 A AOE' NOV 16 2010 CD-5 Los G 'OS 12 LIST REASONS WHY THE APPEAL SHOULD BE GRANTED: (If more space is needed, attach additional sheets.) ,47 W E7s /N G d "_ .60 J9 5 IMPORTANT: 1. APPEAL MUST BE FILED WITHIN TEN (10) DAYS AFTER THE DATE OF MAILING OF WRITTEN NOTIFICATION OF THE DECISION. 2. THE APPEAL SHALL BE SET FOR THE FIRST REGULAR MEETING OF THE PLANNING COMMISSION WHICH THE BUSINESS OF THE PLANNING COMMISSION WILL PERMIT, MORE THAN FIVE (5) DAYS AFTER THE DATE OF THE FILING OF THE APPEAL. THE PLANNING COMMISSION MAY HEAR THE MATTER ANEW AND RENDER A NEW DECISION IN THE MATTER. 3. YOU WILL BE NOTIFIED, IN WRITING, OF THE APPEAL DATE. 4. CONTACT THE PROJECT PLANNER TO DETERMINE WHAT MATERIAL IS REQUIRED TO BE SUBMITTED FOR THE PUBLIC HEARING. PRINT DATE c / ,� ^ C� PHONE '° �, �7� c c � ° �7 �t4 t a 5 L. /4 ! So5o % �� k � k � k**** �� k***: k** ��k k�� K* k* �k�k�k�** �k�k* �k k• �*: k�k��k****** �***: k***: k: k*: k** � *� * * *:k * * *�� * *� * *�k�k:k * * *�kk� OFFICE USE ONLY DATE OF PLANNING COMMISSION HEARING: COMMISSION ACTION: 1. 2. 3. DATE: F' DATE: DATE: PLAPPEAL $161.00 Residential PLAPPEAL $645.00 Commercial PLAPPEAL $ 65.00 Tree Appeals N: \DEV\FORMSICDD•DRC Appeal.frm 7/!/2009 EXHIBIT 9 THIS PAGE INTENTIONALL Y LEFT BLANK 381 Pennsylvania Avenue ( Address 1 371 Pennsylvania ' r, 8Tx 214' 17 173 sf 2 369 Pensylva,i� ��`�� 3 365 Pennsylvania 60'x 167' 10 440sf fr 4 363 Pennsy]vania 45 #x X58 ' `_ `'7 290 sfr 4^y�j, 5 36:1 Pennsylvania 59'x 150" 9;204 sf 6 380 Peiirt`syl�aniaX r _ 80'x 150' ' 12,000 sf 7 120 Wissahickon 80'x 200' 16;000'sf 8 33 Wa(nUf k t r, 50'X 160# g 3'8 000 5f 9 140 Wissahickon - 55'x 100' 5,500 sf 10 9�Nernandez wow 11 45 'Walnut 12 41 WaIj Tj W 13 :25Walntaf 14 N15Walnut r'� ' '15 7 U�Jeln Dimensions* lot size 11,200 sf Y 11"110 _' 1 2 3 4 5 OAK KN MIBIT 10 THIS PAGE INTENTIONALLY LEFT BLANK l 5 F L -41-057 570.02 STREE LEGAL DESCRIPTION APN 510 IGHT fA ONE: TOWN O EEJIIT649��OALSAEYEW&TENCEH4AI IN BLOCK ONE AS L P 7) pRAID 00%oESIGNATED AND Dg MAP ENTITLED. A IEC ;C I kPGOF THE SU BDIVISION OF AUGU No. 10 O� GhEp � RIDGE PARK IN NO O UT TATE IF ON 0. 09 1 O F/L 577.14 'G'CF MAPS,AT PAGE 13. WAS FILED IN E OFFICE OF THE THE COUNTY X578.35 STREET PARCEL TWO*. THE NORTHERLY 1/2 OF LAUREL AVENUE, AS SHOWN UPON THE MAP OF GLEN RIDGE PAW H EREIN REFERRED THE G W T%R A SAID AVENUE WAS VACATED BY RESOLUTION NU. 1980-75 OF THE TOWN OF Los GATOS. A COPY OF WHICH WAS RECORDED ON MARCH 6. iggi, IN BOOK F946 OF OFFICIAL RECORDS, PAGE 44. BOUNDED ON T� H EAY L PROLONGATION OF THE WEST BOUNDARY OF LOT 17 AND ON THE EAST BY THE SOUTHERLY E WEST 578.33 SIGNO F/L 576.45 F/L 576.24 PROLONGATION OF THE EAST BOUNDARY OF LOT 16, BLOCK 1, OF GLEN RIDGE PARK WHICH WAS FILED FOR RECORD IN BOOK DFMAPS, PAGE AS. ...... ...... .-----EXISISTING GAS LINE 575. I/L �57B� SI DEWALK F/L 574. " . .. .. ,\ I X 577.57 10 GUTTER F 572,47 F/L 570.01 577.66 COMBINED PARCELS PROPOSED PARCEL 1 PROPOSED PARCEL 2 HOI 19E 1794 SO FT ' /L 567.52 STflEET . ..... QQIIAIE 318 SO FT 316 So FT GARAGE 428 SO SIGN 428 SO FT X 577.41 X 576.92 FD.PK&S FT 292 80 FT MOCRUOSE F/L 565.15 F/L B CATCH 564. 1 21 SO FT 4012 - so FT 1724 SO FT 22BB SO F T . FLATWORK TOTAL BASIN F/L ii 563.96 LIGHT FT 4264 SO FT X F/L 563.a6 ' NY wis - - S K 0 N X 574.3 4 RIM- 64.04 INV= 60.4 76.21 NY - A V E W-/- - - e ) - D X 572. 61 570. X A NY PROPOSED X 567. 47 BASIS OF ELEVATION ,171,13 W NEW SSMM X 565. is BENCH 5 M 3 ARK L633 I ELEV�6.16 1 BE - 574 83 ------ - - MGM 07 X -FD STREET MON. 564. G . r a NAIL NAIL SP & NAIL 5'0 -TREE .E M .3 -PROPOSED NEW �!E - -- - - X 563.63 EXX 573.75 SEWER LATERAL 563.71> ATRE LINES 572.95 _�-IRFE X574.8 INV 5 '5 572.23 -AT 574. i�/ W TER M TER 573. -9 X 572.40 571.04 568.67 564 30 SSCO 5 )< 173.43 --- --PROPOSED NEW X -7 1.64 J63 56 7' WATER METER 554.32 Y SOHN G1.4G 571.52 � x I - 572.06 B" • 4 I EXISTING WATER SER ICE WATEq 571.71 ir THE: PROPOSE ELEC & CO MM. SERVICES ------- 1563.73 x j S AV STOP STRIPE 2 70 I TREE N Ofi POPOSD ELEC. `1 -1 j 1� q 561.G� & R COMM. E7 7 E C_ �.'AOT0�j_.,-" SPR 111/ __NEW SST FLOO9 6 3 RUMP; 1. REE %, 571X74 1 563.21 m. 36 X 0 POOL P Pty 570 THEE ADDITION A 568.48 O<- & F ILTER U E NIP q S ONT. X 56i.2a 157 - - I : ____ . _F�11 - F / -67i�2 X 567.72 3. i571.01 a 568.47 v\j BRIC 5 571.37 7: n z ...... ASL i ..... ........ 560.6 ........ . 10. 1 i - - . & ! : I -_ 6 ..................... X 570.87 568.5 2 71 /2 36 I LASX 576 L RESIDENCE VID. P.- I ° 1 ' I I (TO REMAIN) 0 FLAG POLE LL) I 56B.51, I FF-570.0./- (L 550.54 559.9 559.. ROOF PEAK FL EV.596,3 6 11% 571 52 568.66�p`_._.�. 50 BARN 564. 8 STOP SIGN 5 1 0 w 568.47 . .. .... ....... TOTAL 56389 . 568.45 1 510�78 x ii 1 1 6 - / x .. lin 'V*6:d` Za FF-571.2 STEPS a 567. 3iN COTTAGEf , '--' I A 8 P A TOP MON POOL TO REMAINV, P. - EL-567. 19 969 87 6 Q.E LZ .... .... 570.59 HOUSE bbJ.AU �j -11 DECK 570 C S F F 5 HIM-558. 14 SO F INV-556. i ELEC 557.93 570. 86 X - GAS ER METER pVE MET 57 LF 567.6 OP V, i 568.3M R 561.2. A FASEMENT In 1 554.45 2 1 56B.55 O�ERHEAD Anson 56515ox .............. . 1 ; -. gcw r _:�,< mnZ 567 28 563363 BRICK 5,53. 69 X 568.91 568.55 564 ICONCRET N ------------ X_ ------ 1 567.50 B., o71 I I �) X569.17 - 565.25 X 563.27 X558.49 Of j X 552.45 Q 2 8 1 - IR r -------- r' CO NCRETE "J - 0'SSL F 1- B'TRFE it C_ 567.241 X 2 p WIDE Eggs X 5GI.Ei 566.10 G_ NEW 560.31 BRICK 568.14% ) / `mot A �� : LLI ( J m BUBBLE ,"X 6 6 2. B �G JUN ION so C 13OX NEW IG X 561.01\ ASSy El X568 '%t,L 4 " d TRE CW, Vq LINE _NEW 12 CONC. URFAC R 1 � 3, SWALE W/DRAIN INLETS @ 10'O.C. . 113, 1 LE - APPL E- X 562.37 r TOP 1A EL- 3.61 B ayE 563.94 ' 103,. 7n X 563.04 - i - ( ' j - OWNER AND SUBDIVIDER x 6 .73 X 562 FLOOD HAZARD. ZONE X " .REE A 30I PENNSYLVANIA Tit NFORMATION 562.61 Rhil 8"T 0 2 4 T A CALIF. LI F REGOR . LIMYTHDWELL O LIABILITY CO. NS; - -233-27', : 0 ST PENNSYLVANIA AVENUE TOTAL 6 TREE 81 NO AREAS SUBJECT TO INUNDATION LOS G ATOS CA 95030 NO WATER COURSES ACROSS SUBJECT PAARCELS MAP , P V:- �TENfATIVE WATER SUPPLIED BY SANTA CLARA VALLEY WATER DISTRICT SEWAGE DISPOSAL BY WEST VALLEY SANITATION APN 510-41-0! P ROPOSED USE OF PROPERTY, RESIDENTIAL HABERKORN NO PROPOSED PUBLIC AREAS OOC.#19884627 u N 0 EXISTING UNDERGROUND UTILITIES AS PAINTED BY USA N A ji. i 1 N EW SEWER MAIN All. WATER METER LOCATIONS NEXISTING IMPERVIOUS AREAS)( LEGEND SG 10/10 ADDED PROPOSED IMPROVEMENTS PER ARCHITECTS PLANS 9/16/10 ADDED TABLE OF EXISTING IMPERVIOUS AREAS 6 NOTES ROBERT J. CRAIG 2 LOT MINOR LAND DIVISION LANDS OF 3B1 PENNSYLVANIA AVENUE LICENSED LAND SURVEYOR A CALIFORNIA LIMITED LIABILITY CO. PER DOCUMENT 020757524 LS NO. 5410 RENEWAL DATE 9/30/2012 SANTA CLARA COUNTY RECORDS 966 ELSIE MAE DRIVE situate A TOWN BOULDER CREEK, CA 95006 OF LOS GATOS Coun of Santa Clara * INDICATES FOUND 3/4" IRON PIPE WITH PLUG AND NAIL IN MONUMENT BOX * INDICATES FOUND 3/4" IRON PIPE WITH PLUG AND NAIL 0 INDICATES SET 1/2" REBAR AND CAP,LS 5418 BSL INDICATES BUILDING SETBACK LINE INDICATES EXTERIOR BOUNDARY OF PROJECT INDICATES OTHER PROPERTY LINES INDICATES CENTER LINE OF STREETS (831)359-1750 OR (408)804-3791 State of California . INGICATES EDGE OF LAUREL AVENUE 'VACATED' -X-------X-- INDICATES EXISTING FENCE LINE SCALE : 1 10 DRAWN. RJC Jos No. C-10052 1 SHEET THE PROPOSED DRIVEWAY AND PARKING SPACE FOR PARCEL ONE INDICATES EXISTING WATER LINES UNLESS NOTED OTHERWISE a WILL ADD 560 SQUARE FEET OF IMPERVIOUS AREA BRINGING THE INDICATES EXISTING SEWER LINES UNLESS NOTED OTHERWISE DA AUGUST 15.2o0 E INDEX: SANTA CLARA C0.1 ONE TOTAL IMPERVIOUS AREA FOR SAID PARCEL TO 4624 SQUARE FEET. INDICATES EXISTING GAS LINES UNLESS NOTED OTHERWISE FIELDWORK: RJC I FG's 186 & 187 APN 510-41-057 1 OF ONE INDICATES EXISTING COMM LINES UNLESS NOTED OTHERWISE E X 5 59.59 V 1 co t 557.87 562.4 NEW DRIVEWAY 55B. 63 a 0 BASIS OF BEARINGS 0 ' BEARINGS ARE BASED UPON x 44 FOUND MONUMENTS ALONG O / i THE CENTERLINE OF WISSAHICKON AVENUE AS S HO WN 0 N TRACT NA 9 FILE BOOK 301 OF MAPS PAGES 47 �HROUGH 54, SANTA CLARA COUNTY RECORDS. 557.00 56.53 1 SOUTH 5'17'00" WEST 556.40 J."", ---come. 556.64 CORNER G AGE Lu STEPS .PEIVED CLEAR L 9Y 0.25 .,, 1 0 GARAGE SLAB 7' FLOWLINE AGE GA N 4 OF Los, _00 R d CLEARS P/ 13Y 0.25 f ING 1XVISrOx EE 554. X 654 12 REFERENCE MAPS 554. 553 X 551.14 554.96 55 X 552. 2,.1 14 ZONING: R-1-8 552.78 SCALE 1-10' ALL DISTANCES AND ELEVATIONS SHOWN ARE IN FEET AND DECIMALS THEREOF. 0 io 20 EXII-1181T 1 -1 COMBINED PARCELS PROPOSED PARCEL 1 PROPOSED PARCEL 2 HOI 19E 1794 SO FT 1 Z94 51-1 El QQIIAIE 318 SO FT 316 So FT GARAGE 428 SO FT 428 SO FT BARN 292 SO FT 292 80 FT MOCRUOSE 212 SO FT 21 SO FT 4012 - so FT 1724 SO FT 22BB SO F T . FLATWORK TOTAL 7056 SO FT 4264 SO FT - 2792 SO PT * INDICATES FOUND 3/4" IRON PIPE WITH PLUG AND NAIL IN MONUMENT BOX * INDICATES FOUND 3/4" IRON PIPE WITH PLUG AND NAIL 0 INDICATES SET 1/2" REBAR AND CAP,LS 5418 BSL INDICATES BUILDING SETBACK LINE INDICATES EXTERIOR BOUNDARY OF PROJECT INDICATES OTHER PROPERTY LINES INDICATES CENTER LINE OF STREETS (831)359-1750 OR (408)804-3791 State of California . INGICATES EDGE OF LAUREL AVENUE 'VACATED' -X-------X-- INDICATES EXISTING FENCE LINE SCALE : 1 10 DRAWN. RJC Jos No. C-10052 1 SHEET THE PROPOSED DRIVEWAY AND PARKING SPACE FOR PARCEL ONE INDICATES EXISTING WATER LINES UNLESS NOTED OTHERWISE a WILL ADD 560 SQUARE FEET OF IMPERVIOUS AREA BRINGING THE INDICATES EXISTING SEWER LINES UNLESS NOTED OTHERWISE DA AUGUST 15.2o0 E INDEX: SANTA CLARA C0.1 ONE TOTAL IMPERVIOUS AREA FOR SAID PARCEL TO 4624 SQUARE FEET. INDICATES EXISTING GAS LINES UNLESS NOTED OTHERWISE FIELDWORK: RJC I FG's 186 & 187 APN 510-41-057 1 OF ONE INDICATES EXISTING COMM LINES UNLESS NOTED OTHERWISE E X 5 59.59 V 1 co t 557.87 562.4 NEW DRIVEWAY 55B. 63 a 0 BASIS OF BEARINGS 0 ' BEARINGS ARE BASED UPON x 44 FOUND MONUMENTS ALONG O / i THE CENTERLINE OF WISSAHICKON AVENUE AS S HO WN 0 N TRACT NA 9 FILE BOOK 301 OF MAPS PAGES 47 �HROUGH 54, SANTA CLARA COUNTY RECORDS. 557.00 56.53 1 SOUTH 5'17'00" WEST 556.40 J."", ---come. 556.64 CORNER G AGE Lu STEPS .PEIVED CLEAR L 9Y 0.25 .,, 1 0 GARAGE SLAB 7' FLOWLINE AGE GA N 4 OF Los, _00 R d CLEARS P/ 13Y 0.25 f ING 1XVISrOx EE 554. X 654 12 REFERENCE MAPS 554. 553 X 551.14 554.96 55 X 552. 2,.1 14 ZONING: R-1-8 552.78 SCALE 1-10' ALL DISTANCES AND ELEVATIONS SHOWN ARE IN FEET AND DECIMALS THEREOF. 0 io 20 EXII-1181T 1 -1 THIS PAGE INTENTIONALLY LEFT BLANK