2011030712 - Attachment 3, Part 2 - 381 Pennsylvania Avenuer.
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ATTACHMENT D
RECORDING REQUESTED BY: DOCUMENT: 2075r524 Pages 6
0111 11111111 11 Fees .. 30.80
Old Republic Title Company Taxes -- Coni --
Conies,
Order No.: 0618002472- AMT PAID 30.08
APN: 510 - 41.057
REGINA ALCOMENDRAS ROE a 029
When Remrded Mail Document and Tax Statements to: SANTA CLARA COLAJTY RECORDER 6/30/2018
Recorded at the request of 8:00 AM
Diana L Howell & Gregory K, Mowell Old Repub I I o Title Company
351 Pennsylvanla Ave
Los Gatos, CA 45030
57AaAWVlF PaSLWESEaP 4060bEas agE
f� Grant Deed
' 1 The undersignedgrantor(s)dedardsl: Filar tequeata t record stamp value
Documentary Transfer Tax is 5 a
� 00 computed on full vague of properly �onveyed, or
computed on fun value less of liens and encumbrarw4maining at tine of sale,
b () Unincorporated area: M city of Los Gaffs
FOR A VALUABLE CONSIDERATION, receipt of which Is hereby adonoMedged,
Martha L Manson, Trustee of The Martha L Manson Revocable Truk dated October 26, 2007 and Robert Morton Manson ut,
Trustee and Katterare McDannel -Manson, Trustee of The R.M. Manson and K MCDonnalt-M Rev IT of RM and K Manson U/A
DTP 10/10/1498
hereby GRANT(S) to
381 Fer=ylvania Aveaue,•a California Limited Liability Company
that property in City of Los Gatos, Santa Clara County, State of C311kenia, desmbed as: FiLOR REQUESTS
S See'Exhiblt K attached hereto and made a part hereof.
Date: lane 01.2010 DO NOT RECORD STAMP VALUE
* * ** *THIS DOCUMZyT SIGNED IN COUNTERPART * * * **
The Martha L. Manson Revocable Trust dated October 26, 2007 The R.M. Manson and K. McDonnell-Manson Rev LT of RM and K
Signed in Counte rpart Manson JA DTD 10/1011999
lay, Mantra L Manson, Trustee 8
Robert Mortal Manson U Trustee
BY: �'tYl iYYLc�
therirte Mdbnnell- Manson, TnLStCe
Grant Deed ML TAX STATEMEM AS nutK7 ABOVE Page i of 2
RECORDING REQUESTED BY'.
Old Republic Tide Company
Order No.: 0618002472
APN: 510 -41 -057
When Recorded Mail Document and Tax Statements to:
Diana L Howell & Gregory K Howell
381 Pennsylvania Ave
Los Gatos, CA 95030
Grant Deed
The undersigned grantor(s) dedarefsi:
Don,memaryTransfer Tax B ;Sege. "CLJ
(xv) Computed on full value of property conveyed, Or
( ) computed on U value less of Sens and encumbrances remaining at time of sale.
( ) Unincorporaed arm: (X) City of Los (mss
FOR A VALUABLE CDNSIDERATION, tecelpt of which Is thereby adowwledged,
Martha L. Manson, Trustee of The Martha L. Manson Revisable Tent dated Octabar 26, 2007 and Robert Morton Manson III,
Trustee and Katherine McDennefl- Manson, Trustee of The R,M. Manson and K, McDonnell- Manson Rev LT of RM and K Manson U/A
OTD 10/1011998
hereby G RANT(S) to
381 Penn8y1v2nia Avenue, a California Limited Liability Company
that property in City of Los Gatos, Santa Clara County, State of Callfornla, des&bed as:
e .: See aE�ddbit 9 ached hereto and made a part hereof. a ` "
Date: June 09, 2010
"f "" THIS DOCUMENT SIGNED IN COUNTERPARTaa•
The Martha L Manson Revocable Tout dated October 26, 2007 The R.M. Manson and K. McDonnel- Manson Rev LT of RM and K
Manson WA DTD 10/10/1998
Martha L Manson, Tnatee By:
Signed In Count erpart
Robert Morton Manson III, Trustee
B Signed I Count erpart
Katherine MmonndMtanson, Tnutee
Grunt Dees MAIL TAX STATEME^ti 3 AS DIRECTED ASOVE Page t ar 2
5 bit of t 14Ar F c f ,t Z V I;- �
Countyof 1n sb 1,:L4
On /"jrVNL a, a0i� before
vkw proved to - me on the basis of sabstacmry evidence to be the person(
Instrument and admowledged bo me that helshe/daey executed the Same In
hfs egthelr stgnatwe(S} on the Inmvmem the perspn(j , or the entity upon
Instrument.
nameta) Ware Sub7a@ed to the within
'/their autnolr zed rapacty(IM), and that by
or which the persa1(5j acted, executed the
I Carey under PENALTY OF PERJURY under the taws of the Stets of Caafomle that the foregoing paragraph IS "a and correct.
WITNESS my hand and offidal seal.
SlgnaWre v
Name
f or pdntC�
Grant teed
_ COMM. 091803 �n
Not" pulftcosm"
WA QAgA CMXff
(Area reRf'"d for ot8dal r.N.a W sal;
Page 2 of 2
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
County of . )
On q 2uu before me, S,�ve
Date (twre flee name an title of offlceq
personally appeared
Nam (51 of SIgner(s)
who proved to me on the basis of satisfactory evidence to be
the person (e'whose name (*is are subscribed to the within
instrument and acknowledged to me that he /she /they executed
the same in his /her /their authorized capacity (jes), and that by
his /her /their signature W on the instrument the person
or the entity upon behalf of which the person W acted,
executed the instrument.
certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal
Signature
Signature of Non u1f;
9iu tu46i1N6S
CQiZ, 01676"3 �
ti mrn. . Yvr f you
Place Notary Seal Above
Stale of _
County of
on Nj"Ce LLLXVIV before me GG L a
Notary fubDC petsonauy a ppeared
FA
who proved to me on the basis of Sat a yOry evidence to be the person(s) whose name(s) is/are suhscmed t tthe within
ir=ment and adatowledged to me that heJsheRhey exeanted the same in hWher/thair a CapackyN*), and that try
hWher /ttrei* signb"s) en tht Instrument the perxn(s), or the entity
instrument. upon behalf of which the persons) acsd, executed the
I cert;fy under PENALTY OP PERJURY under the taws of the State of Warnia that the foregoing paragraph is We and carted.
WITNESS my hand and offidal seal.
Grant Deed
JACLYN 6RAMAM
CammW f 1766217
Notary 7'LDIIa - Cause nia
MoMatiy County
Ifi`�muBratm+tn27.271 l
(kee rewrvW for ofRCW rowrial saap
Page 2 of 2
ORDER NO. k 0618002472 -'
EXHIBIT A
The land referred to is situated In the County of Santa Clara, City of Los Gatos, State of
California, and is described as follows:
PARCEL ONE:
I= SbReen (16) and Seventeen(17) In Block One (1) as laid down, designated and delineated
upon that certain Map entitled, "Map of the Subdivislon 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 Clara, State of California, on August 15, 1892, In Book
"G° of Maps, at Page 13.
PARCEL TWO:
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 CM of
which was recorded on March 6, 1981, in Book F946 of Official Records, Page 44,
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: 51011 -057
ARB: 510-41427
Page I of 1
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Ubibibua[ Orant 39"b
FOR VALVE RECEIVED. WESST NORTON HANSON and HAR ABET L. HANSOM, Truateee under
that Declaration of Trust dated April 15, 1975 in which Robert Norton Roosts
and Margaret L. Ranson are the Trusters: EAST P. DANIEL and SUSAN KANKEL, his
fPN'fNfH vile, a Joint Tenanto; JOHN P. ROCCHIO and ARLENE S. PACCHIO, his
.it., as Joint Tenests; sad BARNEY P. TDNEY and BERTgA H. TOREY, as Joint
Wn ' kW Wrent to the parties named on Rahibit A attached hereto
Town of Loa Gatos
Cc.."d Santa Clara , &veal Cdgomh. devdhd asfoRaae:
A son- Orolusive permanent easement for ingress and egress over a portion of
the Northwest 20 feet of Laurel Avenue an shoun on the Nap of the Subdivision
of Block 1 of Glen Ridge Park, recorded August 15, 1192, book G of Naps, page
13, Santa Clara County Records, the Southvest terminus of said "Resent being
the Southerly prolongation of the Westerly Lim of Lot 17 sbovn on eeid Map
and the Rasterly terminus of said eaa®emt being the Southerly prolongation of
the Easterly line of Lot 12 shown on said Map.
Said easement is granted as appurtenant t0 lands described in the Deed to
Robert Morton Nansoh and Margaret L. Manson, Trustees, recorded Nave ber 7,
1975, Book 8709, Official Records, page 442; to lands described in the Coed to
Gary P. Kankel, at a recorded November 26, 1971, Book 9604, Official Records,
page 619; to lands described in the Coed to John P, Roechio, at us, recorded
May 20, 1975, book 8417. Official Records, page 748; and to lands described
in the Dead to Barney P. Tommy and Bertha M. T®ey, recorded December 30,
1963, Book 0386, Official Records, page 1.
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Robert Morten Hanson
and Margaret L. Manson, Truatees under that
Declaration of Trust
dated April 10, 1975 in vhleh Robert Morton Manson
and Margaret L. Manson are the Trustorsj Cary P. Wankel and Susan Wankel,
his wife, as Joint Tenants: end Barney P. Taney and bertha H. Taney, as
Joint Tenants.
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Inbibibuai Orant Dub
FOR that Ueol VALUE artjob R O.ROBERT MORTON PWSOM AM MARGARET L. MANSON, Trustees Under
dt Trust dated April 18, 1975 in which Robert Morton Manson
and Margaret L. Henson are the Trvstor" OARY P. RANREL and SUSAN RANAEL, his
.V9MYlJ./ -!ay
'ifs as JOiRt TAA&Ats: JOSS P. ROCCSIO and ARLSSR M. ROCCMIO, his
vita, as Joint Tenantsf and BAJUW P. TUl6Y and BERTBII M. TOMEI, ae Joint
Tenants, do hereby Grant [o ROBERT MORTON MASSON and MA MG . L. MAMSOM,
19'PNN77Py9195aY/Nf
1Tmataas nndeY that D &claration of Trust detect %prl�, ]S, 19 >5 yf _r sobert
Nort Maesom and Margaret L. Masson are the Trustors; Gaxy P. RAMaRL and
mum RANIIP.L, his wife, as Joint Tentntal JORN P. ROCCBIO and ARLEIIS B.
R m OC nt tena his i
wfe, as Joint Tenn'"; &; as BARMEY P. TOaRY end BERTMA M. TUMCY,
ns
all that real property situate in the Town of We Gatos, County of Santa
Clara, State of Califonia, described oo Enhibit A attached hereto
This Deed is • duplication Of the Deed recorded July 31, 196D. Rook P03,
Official Records, page 103, and is being recorded to add the namse of
Grantees previovely o,lttA4 Sn error.
• - JUDAT ROT COMPLETELY TILKEDI
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YA[ZBIT A
All that real property situate is the Town of los Gatos, County of
Santa Clara, State of California, described se follows,
A non- eaelusive permanent easement for ingress and egress over a portion of
CAC Northvest 20 feet of Laurel. Avenue as ehown an the Map of the Subdivision
of Block 1 of Glen Ridge Park, recorded August 15, 1891, Book G of Maps, page
13, Santa Clara County Records, the Southwest terminus of said easement being
the Southerly prolongation of the Westerly line of Lot 17 Shawn on said Map
and the Baetarly terminus of said eacement being the Southerly prolongation of
the Easterly line of hat 12 shoun on said Map.
Said casement to granted as appurtenant to lands described in the peed to
Robert Morton Manson and Margaret L. Naason, Troattes, recorded November 7,
1975, Book 9709, Official Marecde, page 662; to lands described in the peed tc
Gary r. K&rkGl, at ox, recorded November 26, 1971, Beck 9606, Official Record.
Page 619; to lands described in the Deed to John P. Racchio, at OR, recorded
Nay 20, 1975, Look 9617, Official Reeorda, page 768; and to land, described
in the Deed to Barney T, Tuaxy and Bertha M. Tueey, recorded December 30,
1966, Book 6386, Official Aecards, page 1.
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Sec. 24.20.030. - Contents.
Event' tentative map of a subdivision shall include We following information-
(1) The tract name or designation.
(2) A sufficient legal description of the land 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 widths of all adjoining highways, streets, or ways, the names of adjacent subdivisions
and the names of record owners of unsubdivided 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 typical cross sections showing proposed improvements.
t6) The widths and aplyp"mate Locations of all existing Or proposed easeimeras., whethev public or ale, 'A wads,
drainage or sewers.
(7) The approximate radius of all curves.
(8) The approximate lot layout and the approximate dimensions of each lot.
(9) The approximate location and direction of flow of all watercourses and natural drainage channels; and
approximate locations of all areas covered by water or subject to overflow.
(10) The flood hazard area and the elevation of the base flood.
(11) The elevation of proposed structures and pads, t the site's to be filled above the base flood, the final pad
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, if any.
(16) Contour lines showing one -fool contours for ground slopes of less than five (5) feet vertical and one 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 United States Geological Survey, or to benchmarks
established by the Town Engineer. Proposed cuts and fills shall be dearly delineated on the map in accordance
with the provisions of chapter 12.
(17) The date, north point and scale.
(18) The number of each lot.
(19) The approximate location and outline to scale of each existing building or structure which Is not to be moved in the
development of the subdivision.
(20) Each street shown by its actual street name or by a temporary name or letter for the purpose of identification until
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. Before preparing a tentative map the subdivider
and his engineer shall familiarize themselves with the subdivision design standards of the town which may be adopted from time
to time by the Town Council.
(Cods 1969. § 27 -9; Ord. No. 1763, If V, 10-3-69
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Grant & Robin Sedgwick
134 Hernandez Avenue
Los Gatos, CA 95030
(408) 395 -0345
January 6, 2011
Ms. Marni Moseley
Planning Department
Town of Los Gatos
110 East Main Street
Los Gatos, CA 95030
Subject: 381 Pennsylvania
Dear Ms. Moseley,
RECEIVED
^I 0 2011
TOWN OF LOS GATOS
PLANNING DIVISION
My wife and I have lived at our current address, near the subject property, for nearly 16
years. We love this neighborhood, and we hope Town staff and officials continue to
evaluate subdivision and redevelopment proposals very carefully in order to preserve the
quality of this community.
That said, we also hope the Planning Commission will approve the minor subdivision
being proposed by Gregory Howell for the property at 381 Pennsylvania. We know the
site and, in our opinion, the establishment of an additional building lot there will have
almost no impact on the surrounding neighborhood. Both resulting parcels, as we
ur]derstand the proposal, will he equal to or larger than the average lot size in this district.
The potential creation of an additional home -site will mean one more family will have the
opportunity to enjoy this exceptional living environment. There is no reasonable basis on
which to deny the application.
Respectfully,
Grant Sedgwick
EXHIBIT 14
G
Marni Moseley
Planning Department
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
Dear Marni,
JIM C 7 2011
TOWN OF LOS GATOS
PLANNING DIVISION
We are writing to support the simple lot split proposed for 381 Pennsylvania by Greg and Diana Howell.
We believe that demising these 2 lots will have no significant impact to the neighborhood.
As homeowners we are sensitive to protecting the property rights of each owner. In this case the
Howells desire to separate these two parcels, and of course the rights of any owners nearby that may be
adversely affected. It is a difficult job the Planners have to appease all concerned. It does appear that
these two parcels were designed as separate parcels; there is separate street access to each parcel and
the other parcel does have an existing structure. In this instance, because these parcels already seem
separate the lot split does protect the Howell's without adversely affecting the neighbors and we
support their lot split.
Sincerely,
Brian and Julie Conlisk
115 Apricot Lane
RECEIVED
Laurie Babtda
200 Massol Avenue
Los Gatos, CA 95030
(408) 354 -87 84
January 7, 2011
Ms. Marni Moseley
Planning Department
Town of Los Gatos
110 East Main Street
Los Gatos, CA 95030
Subject: 381 Pennsylvania
Dear Ms. Moseley,
JA)072011
TOWN OF LOS GATOS
PLANNING DIVISION
Living in Los Gatos for 20 years, we speak with pride about our town and the
neighborhoods within it. Los Gatos has successfully managed to maintain its charm while
supporting change in small, logical doses. Having gone through the process of building in
downtown Los Gatos ourselves, we were pleased with the reasonable and fair decisions
made on behalf of the local community. The checks and balances put in place regarding
development have helped our town stay true to itself while supporting property rights of
all.
My husband & I are aware of the proposal before you regarding the subdivision being
presented by Gregory Howell for the property at 381 Pennsylvania. We have walked the
property ourselves and have also reviewed the proposed lot split and development plans.
The lot and configuration easily supports another residence well within the town
guidelines and norms. The end result of the development still maintains larger than
average lot sizes while preserving the ambience we all treasure.
We would like to voice our support of the subdivision proposal and hope the Planning
Commission will approve this. Our family continues to enjoy the benefits of property
ownership in Los Gatos and we look forward to welcoming an additional household to
the neighborhood.
Respectfully,
Laurie Babula
RECEIVED
Nick & Paige Goddard r 2011
20 Bayview Ave TOWN OF LOS GATii
Los Gatos, CA 95030 PLANNING DlvlSlOP,
Ms. Marni Moseley
Planning Department
Town of Los Gatos
110 East Main Street
Los Gatos, CA 95030
01/10/2011
Subject: 381 Pennsylvania Ave, Los Gatos
Dear Marni
As a long time resident of the Downtown area I care deeply about additional density and anything else
that affects the fabric of our community.
Bearing this in mind, I am writing to offer my support of the proposed lot split at the above address.
Approving the split will keep the two parcels in line with all of the neighboring parcels and well in excess
of the minimums required for downtown lots. Architectural considerations aside, which would be
handled at a different time, adding another single family residence to this parcel would contribute
positively to the neighborhood and also the town's tax base, while the additional traffic of one family
would be marginal. To reject this application would cast a pall over property owner's rights throughout
town limits.
I strongly support and urge acceptance of this application
Regards
Nick Goddard
Marni Moseley
From:
gent:
To:
Cc:
Jim Douglas <jd @losdouglas.com>
Monday, January 10, 20116:18 PM
Marni Moseley
goyo_1 @yahoo.com
;1381 Pennsylvania
RECEIVED
TOWN OF LOS GATOS
PLANNING DIVISION
Subject
January 10, 2011
Re: 381 Pennsylvania
Dear Ms. Moseley, t+
I've been a resident f of Lo , ps t for nearly 20 years. We bought our home`at 30 Walnut Ave. in 1993 with the
intent of undertaking , a major remodel to marry turn of the century charm and modern amenities. Having gone
through planning and building process, I am very cognizant and appreciative of the Town's approach to
development.
I've taken the opportunity to review the subdivision plans proposed by Gregory Howell for the property located
at 381 Pennsylvania Ave. It is my opinion that they are consistent with town's guidelines and aligned with the
best interests of the neighborhood. Given the proximity to my home and the potential impact on our lives and
property value, I have a strong vested interest to ensure the project meets the Glenridge Area standard of
excellence.
I
ould like to voice my formal support for the subdivision proposal and recommend the Planning Committee
approves the plan. Should you have any questions, please feel free to contact me directly.
Regards,
Jim Douglas
30 Walnut Ave.
Los Gatos, CA
408 - 348 -7752 --
1
THIS PAGE
INTENTIONALLY LEFT BLANK
Marni Moseley
From: Kristina Lawson <kristina.lawson @msrlegal.com>
tent: Wednesday, January 05, 20113:15 PM
To: Marni Moseley
Cc: Sandy Bail;, Judith Propp
Subject: RE: Attachments for 381 Penn PC
Marni,
Since we were planning to forward a letter to the Commission on Friday (via staff) I simply thought it would be
easier for us to provide the attachments at that time. In our experience, this is common practice, and we
always provide sufficient copies for staff and all interested parties.
I am not clear as to the reason for your ongoing hostility toward me or my clients.
Kristina Lawson
Kristina Daniel Lawson i Miller Starr Regalia
1331 North California Boulevard, Fifth Floor, Walnut Creek, CA 94596
t: 925.935.9400 1 d: 925.941.32831 f: 925.933.4126 1 kristina.lawsonrainsrleoal com I mvw.msrleoal com
- - - -- Original Message---- -
From: Marni Moseley [ mailto:MMoseley @losgatosca.gov]
ent: Wednesday, January 05, 20113:08 PM
fo: Kristina Lawson
Cc: Sandy Baily; Judith Propp
Subject: RE: Attachments for 381 Penn PC
All correspondence with the Planning Commission prior to the meeting is typically provided through staff. Staff reports
are routed to the Commissioners on the Friday before the meeting. In order to be included in the packet, items must be
received by Thursday at 1 PM. If they are received after that but before 12 PM the day of the hearing the materials will
be prepared as a desk item that the Commissioners will be provided at the beginning of the meeting. After that time
materials must be distributed by the interested party during their public hearing presentation time. Please be aware
that sufficient copies must be provided for the Planning Commissioners, staff, and interested members of the public.
Instead, it sounds like you intend to communicate by letter directly with Planning Commissioners. Please be aware that
Los Gatos Town Council adopted the Planning Commission Policies and Procedures which prevents Planning
Commissioners from having any discussions regarding a project with a project proponent, opponent, or interested
parties outside a public hearing process. Any direct contacts, including correspondence, will be noted on the record at a
public hearing since it is considered outside of the normal procedures. In light of the policy, if it is still your intent to
send documents to Commissioners directly, please have the courtesy to provide a copy of any communication to
staff so that staff has an adequate opportunity to respond to any questions from Planning Commissioners.
Please understand it is always best to give the Commissioners as much time to review your materials as possible. It is
my understanding that you are choosing not to provide the attachments included in your appeal. In order to provide the
most complete information to the Planning Commission, staff has decided to provide black and white copies of the
icument with the report, but please be aware that the appellant will be billed for any additional copies required of
,ibmitted materials.
EXHIBIT 15
Sincerely,
Marni F. Moseley, AICP
Associate Planner
(408) 354 -6802
www.losgatosca.gov
From: Kristina Lawson [mailto :kristina.lawson @msrlegal.com]
Sent: Wednesday, January 05, 20119:54 AM
To Marni Moseley
Subject: RE: Attachments for 381 Penn PC
Marni,
We will provide copies of all relevant information in a letter we will be sending to each of the Commissioners
later this week.
Kristina
- - - -- Original Message---- -
From: Marni Moseley [mailto:MMoseley @losgatosca.gov]
Sent: Tuesday, January 04, 2011 1:05 PM
To: Kristina Lawson
Subject: RE: Attachments for 381 Penn PC
Kristina,
We can provide copies of the letter, but any attachments to the letter that you want included must be provided. It is
my understanding that the Town Attorney is in the process of drafting a letter to you. I have CC'd Mr. Haberkorn on my
staff report which will be distributed to the Planning Commissioners on Friday Jan. 7` He should receive it early next
week.
Sincerely,
From: Kristina Lawson [ mailto :kristina.lawson @msrlegal.com]
Sent: Tuesday, January 04, 201112:47 PM
To: Marni Moseley
Subject: RE: Attachments for 381 Penn PC
Marni,
Can you let me know exactly which documents you need us to provide? In addition, I have heard nothing from
the Town Attorney regarding this matter.
Kristina
Kristina Daniel Lawson I Miller Starr Regalia - d
1331 North California Boulevard, Fifth Floor, Walnut Creek, CA 94596
t: 925.935.9400 1 d: 925.941.3283 1 f: 925.933.4126 1 kristina lawson(Wrnsrlegal.com I www.msrleaal.corn
- - - -- Original Message---- -
From: Marni Moseley [mailto:MMoseley @losgatosca.gov]
Sent: Wednesday, December 22, 2010 10:51 AM
To: Kristin Lawson
Subject: Attachments for 381 Penn PC
Ms. Lawson,
The appeal for 381 Pennsylvania has been scheduled for the Planning Commission meeting of January 12` at 7
PM. The Town Attorney will follow up with additional information for you in regards to the public hearing prior to that
meeting. In order to attach your appeal letter with all the attachments to the Planning Commission report I need you to
submit 7 sets of color copies no later than Wednesday January 5, 2011. Thank you.
Marni F. Moseley
Associate Planner
(408) 354 -6802
www.losgatosca.gov
IRS CIRCULAR 230 DISCLOSURE:
Pursuant to Treasury Regulations, any tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be
used or relied upon by you or any other person, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or
recommending to another party any lax advice addressed herein.
MILLER STARR REGALIA CONFIDENTIAL COMMUNICATION
This electronic mail message and any attachments are intended only for the use of the addressee(s) named above and may contain information that is privileged,
confidential and exempt from disclosure under applicable law. if you are not an intended recipient, or the employee or agent responsible for delivering this e-mail to
the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you received this e-mail
message in erzor, please immediately notify the sender by replying to this message or by telephone. Thank you.
Marni Moseley
From: Judith Propp
Sent: Thursday, January 06, 20114:13 PM 1
To: Kristina Lawson
C Marni Moseley; Sandy Baily; Wendie'Rooney
Subject: RE: 381 Pennsylvania - appeal
Kristina:
A field trip of the Planning Commission is typically arranged at the request of the Commissioners on a project that is
unique or novel for Los Gatos. On most matters before the Commission, the Planning Commissioners generally visit the
site prior to hearings.
We have had no requests for a field trip on this matter. However, at the time of the hearing, if the Planning
Commission finds merit in visiting the site based on information received as part of the hearing process, they have the
discretion to continue to the public hearing to allow for afield trip. Any field trip would require a special meeting of the
PC and notice would be posted and mailed. Any member of the public would be allowed to attend.
Judith Propp
Town Attorney
Town of Los Gatos
408 - 354 -6818
ipropp IosRatosca e0v
- ----- - - -
From: Kristina Lawson [mailto:kristina.lawson @msrlegal.com]
Sent: Thursday, January 06, 20111:20 PM
To: Judith Propp
Cc: Marni Moseley; Sandy Baily; Wendie Rooney
Subject: RE: 381 Pennsylvania - appeal
Judith,
I,,
Thank you for your email. Is there a procedure for requesting a "field trip' of the Planning Commission, or
does staff determine when and if a field trip will be necessary? (See Section 4.0 (Field Trips and Evidence
Outside Formal Hearings) of Planning Commission Procedures.) Many of the issues presented by the
application cannot be understood on a map, and can only be understood after visiting the site, including the
easement held by several adjacent property owners, the historic nature of the site, the non - conforming
garage, among other things. We respectfully request that such a visit be formally calendared by the Town.
Kristina Lawson
Kristina Daniel Lawson I Miller Starr Regalia
1331 North California Boulevard, Fifth Floor, Walnut Creek, CA 94596
t 925:935.94001 CL 925.941.32831 f: 925.933.41261 kristina lawson(drnsrleaal.com I www. msriegal.com
- - - -- Original Message---- -
From: Judith Propp [mailto:]Propp @losgatosca.gov]
Sent: Thursday, January 06, 2011 11:35 AM
To: Kristina Lawson
:c: Marni Moseley; Sandy Bally; Wendie Rooney
Subject: 381 Pennsylvania - appeal
Kristina:
It's come to Town staffs attention that your client sent an e-mail directly to Planning Commissioners inviting them to
meet with him and his wife at his property to discuss the pending application /appeal for the property located at 381
Pennsylvania, Los Gatos. (copy of the email below)
You were advised by Planner Marni Moseley yesterday that pursuant to Town Council policy that Planning
Commissioners may not have contact with parties involved in matters coming before the Commission outside of publicly
scheduled meetings. A copy of the Council policy is attached for your review (note Section 4). You may wish to
familiarize yourself with these policies if you intend to appear before Town Commissions and Council in Los Gatos. Since
the Commissioners are prohibited from the type of contact invited by your client, they will not be responding to the e-
mail.
Additionally, prior to the Planning Commission meeting on Wednesday, January 12`" when this appeal is scheduled to be
heard, we thought you may want to be familiar with Planning Commission's procedure for these types of
hearings. Attached is a copy of the format used by the Planning Commission for these types of matters.
Please contact me directly if you have any further questions or concerns.
Judith Propp
Town Attorney
jwn of Los Gatos
408- 354 -6818
I pro pp @ Iosgatosca.goy
From: Matt Haberkorn < matthewhaberkorn(d)vahoo.com >
Date: January 5, 2011 3:42:43 PM PST
To: chassueereksonCcDcomcast.net todonnell2pgmail.com marcia.iensenPgmail.com
love bourgeoisCcDyahoo.com pim666593(o)yahoo.com ioannet(did- 3d.com
maricosayoc @yahoo.com
Cc: Kat Haberkorn < kat924(a)mac.com >
Subject: Re: Jan 12, 2011 Planning Commission Meeting
Reply -To: Matt Haberkorn < matthewhaberkornta'�yahoo.com >
Dear Commissioners:
An appeal of the DRC's approval of Subdivision Application M -10 -007 is set to be heard
'1y you next Wednesday, January 12. We reside at 371 Pennsylvania Avenue and the
object property, 381 Pennsylvania Avenue, is right next door to our home. We filed the
appeal of the DRC's approval for reasons which will come to your attention from our
counsel and the planner, Marni Moseley. In the meantime, and in order for you to become
familiar with the proposed subdivision as well as our issues as adjacent property owners,
my wife, Katherine, and I would IiKe to invite you to see our home and property anytime
between Saturday afternoon and Tuesday evening. We believe that a site visit by each of
you will assist you in preparing for and conducting the meeting next week.
For informational purposes before you visit our home, 381 Pennsylvania Avenue is
currently owned by 381 Pennsylvania Ave., LLC., a limited liability company formed
by Gregory "Greg" Howell, a local realtor and developer. Mr. Howell purchased the
property from the prior owner's trust beneficiaries for $2.4m on June 30, 2010. Mr. Howell
then listed the property for sale on October 8, 2010 for $3.499m, lowered the asking
price on December 3, 2010 to $3.295m, and he has since removed the listing as of
December 19, 2010. 1 understand Mr. Howell recently left Alain Pine] for Coldwell Banker,
and more than likely, this move is the reason for delisting of the property during the
brokerage change.
381 Pennsylvania Avenue has been deemed eligible for a local historic designation, and the historic
nature of the property has been well documented by the Town. The residence at 381 Pennsylvania
Avenue was constructed sometime in the 1880s. The home was purchased by Frank McCullough
for his "maiden lady" sister, Mary McCullough, who worked for an organization for the blind. It
was sold in 1939 as part of the McCullough estate and purchased by Bill Balch who kept it until
1962. The house was then sold to Dr. Morton and Margaret Manson. Ms. Manson resided there
until her death in 2009. Margaret Manson, used to say to me and my wife, "we don't do things likr
this in Old Los Gatos referring to tree trimming and any other acts that she deemed to detract fron.
the charm and beauty of the Glenridge area. Ms. Manson's house was awarded a Bellringer plaque
in 1987. In 1987; the property existed as it does today with the exception that in 1996, Ms. Manson
reconstructed'the detached, nonconforming garage at the front of the property.
Please call or email me to schedule a time that would work best for you. Your time would
be greatly appreciated.
Sincerely,
Matt Haberkorn
* * * * * * * * * * ** *CONFIDENTIAL * * * * * * * * * * **
Matthew H. Haberkorn, Esq.
P.O. Box 33073
Los Gatos, CA 95031
Voice: 650 - 833 -8850
Fax : 650 - 332 -1528
e -mail: matthewhaberkorn @yahoo.com
3
The information contained in this electronic mail transmission is confidential and intended
to be sent only to the stated recipient of the transmission. It may therefore be protected
from unauthorized use or dissemination by the attorney - client and /or attorney work -
oroduct privileges. If you are not the intended recipient or the intended recipient's agent,
jou are hereby notified that any review, use, dissemination, distribution or copying of this
communication is strictly prohibited. You are also asked to notify us immediately by
telephone and to delete this transmission with any attachments and destroy all copies in
any form. Thank you in advance for your cooperation.
IRS CIRCULAR 230 DISCLOSURE:
Pursuant to Treasury Regulations, any tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be
used or relied upon by you or any other person, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or
recommending to another party any tax advice addressed herein.
MILLER STARR REGALIA CONFIDENTIAL COMMUNICATION
This electronic mail message and any attachments are intended only for the use of the addressee(s) named above and may contain information that is privileged,
confidential and exempt from disclosure under applicable law. If you are not an intended recipient, or the employee or agent responsible for delivering this e-mail to
the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you received this e-mail
message in error, please immediately notify the sender by replying to this message or by telephone. Thank you.
4
Marni Moseley
From: Cindie Taylor
Sent: Thursday, January 06, 201111:38 AM
To: Charles Erekson; Charles Erekson; Jane Ogle (Janeogle @yahoo.com); Joanne Talesfore;
John Bourgeois; John Bourgeois; Marcia Jensen; Marico Sayoc; Tom O'Donnell
Cc: Wendie Rooney, Sandy Baily; Arlene Holmboe; Cindie Taylor, Judith Propp; Marni
Moseley
Subject: Recent Email Contact With PC of Appellant 1381 Pennsylvania]
Importance: High
This email is being sent to you on behalf of Wendie Rooney, Director of Community Development, Town of
Los Gatos:
Dear Commissioners:
It has come to staff s attention that you were directly contacted via email from the appellant of a case that will
be presented to the Planning Commission at the January 12, 2011, meeting. The project is an appeal of a DRC
approval of Subdivision Application M -10 -007. The appellant, Mr. Matt Haberkom, sent a very detailed email
inviting Commissioners to visit his home, which is adjacent to the property that is the subject of the application,
to discuss the proposed subdivision.
Prior to the distribution of this email, the appellant's attorney was advised that Town Council Policy prohibits
the Planning Commission from discussing with the project proponent, opponent, or other interested parties any,
aspects of a project pending Planning Commission review outside the public hearing process. However, staff
does not know whether this information was communicated to Mr. Haberkorn from his attorney. Staff will be
contacting both Mr. Haberkorn and his attorney to remind them of the policy and request that they refrain from
any further contact directly with Planning Commissioners and that all information shall be submitted to staff for
formal transmittal to the Planning Commission.
Commissioners are encouraged to visit the property of the subject application; however, we strongly advise that
you do not engage in any discussion with Mr. and Mrs. Haberkorn, the applicant, or any other interested party,
other than seeking permission to enter their property if needed. The referenced Town Council policy is
contained in the Town of Los Gatos Planning Commission Policies and Procedures document. This document is
in the Planning Commissioner's Handbook, which was distributed to each Commissioner when they were
appointed. However, for quick reference, I have included the specific policy in the following:
In order to avoid the appearance of bias or impropriety, individual Commissioners are prohibited from
discussing, outside of the public hearing process, the substance of any project with project proponents,
opponents, and other interested parties. This prohibition shall apply to all projects, whether conceptual
or proposed, that can be considered by the Commission in reviewing an application, on appeal or on
remand. Study sessions may be used as a means of facilitating information communication. Ad hoc
meetings of less than a quorum of the Commission are prohibited, unless specially authorized by the
Town Council. Individual Commissioners who have engaged in prohibited discussions shall recuse
themselves from consideration of the project. Incidental contacts that do not address the substance of
any project are not prohibited. Incidental contacts are those that are not reasonably understood tf'
influence a Commissioner's decision, and include speaking with an interested party to obtain approva)
enter a project and to obtain information intended to orient the Commissioner about the physical aspects
of the property or project. Participation in or attendance at meetings of the Town Council or any
subordinate bodies are not prohibited.
If you receive any other communication from Mr. Haberkorn or any other interested party, please do not
espond to the communication and forward it to Sandy or me. Please cc Cindie and Arlene. Should you have
any questions, please feel free to contact Sandy or me.
Matt Haberkorn Subdivision Application M -10 -007
Thank you,
Wendie Rooney - _ .
Director of Community Development
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95031
408 - 399 -5768
wrooney@los atg osca.gov
CINDIE TAYLOR
Administrative Secretary
Community Development Department
Town of Los Gatos
110 E Main St., Los Gatos, CA 95030
408/354 -6874
ctaylor@iosgatosca.90y -
www.lOsgatosca.goy
OMMUNITY DEVELOPMENT COUN'. ER HOUFR5: MON - FRI, BAM To 1 PM.
k Permits, Submit Plans, and Counter Planners)
PLEASE NOTE Town offices will be closed January 17`" in honor of Martin Luther King Jr. Day.
2
Marni Moseley
From: Kristina Lawson <kristina.lawson @msdegal.com>
Sent: Thursday, January 06, 201111:17 AM
To: Cindie Taylor; matthewhaberkorn @yahoo.com; kat924 @mac.com
Cc: Wendie Rooney; Sandy Baily; Arlene Holmboe; Judith Propp; Marni Moseley
Subject: RE: Appellant's Email to PC Members [381 Pennysylvaniaj
Ms. Rooney,
We previously advised the project planner by email that we would be providing documents to the Planning
Commission (via staff) on Friday. We received no response to that email, and certainly no response indicating
that such materials would be "due" to the Town at 1:00 p.m. today. In addition, the project planner previously
advised that the Town Attorney would be providing a letter response to some of the points raised at the DRC
meeting. We had been hoping to receive that letter in a timely manner so that we could review it and prepare
a response, if necessary. To date, we have received no correspondence from the Town Attorney.
In light of the current time (11:16 a.m.), and other professional obligations I have between now and 1:00 p.m.
today, I am unable to meet the artificial deadline included in your below email. As we previously indicated, we
will be providing additional documentation tomorrow, Friday, January 7.
Best Regards,
Kristina Lawson
Kristina Daniel Lawson I Miller Starr Regalia
1331 North California Boulevard, Fifth Floor, walrnrt Creek, CA 94596
t: 925.935.9400 1 d: 925.941.3283 1 f. 925.933.4126 1 kristina lawson,1�msrlegal.com I www.rnsrleqal.co
- - - -- Original Message---- -
From: Cindie Taylor [mai!to: ay!or @losgatcsca.gov]
Sent: Thursday, January 06, 2011 10:27 AM
To: matthewhaberkorn @ yahoo.com; kat924 @mac.com; Kristina Lawson
Cc: Wendie Rooney; Sandy Baily; Arlene Holmboe; Cindie Taylor; Judith Propp; Marni Moseley
Subject: Appellant's Email to PC Members [381 Pennysylvania]
The following email is being sent to you on behalf of Wendie Rooney, Director of Community Development,
Town of Los Gatos:
Dear Mr. Haberkom:
It has come to staff s attention that you directly contacted via email the Planning Commission regarding the
pending consideration of your appeal of the Design Review Committee (DRC) approval of Subdivision
Application M -10 -007. Your email invited Commissioners to visit your home for the purposes of reviewing
and possibly discussing the proposed subdivision.
Your attorney may not have informed you that she had prior communication with the Town staff regarding the
Council's prohibition of allowing communication among the Planning Commission and a project proponent, I
opponent, or other interested parties. In the email that was sent to Ms. Lawson at approximately 3:00 p.m. on
January 5, 2011, staff informed her that pursuant to adopted Council policy any communication on a project
pending Planning Commission review must be submitted to the staff for formal transmittal to the Planning
Commission.
(our email that was sent to Planning Commissioners at approximately 3:45 p.m. on January 5, 2011, was
forwarded to the staff from a Planning Commissioner and this prompted a reminder to the Commissioners that
they are required to refrain from any discussion on a matter pending the Planning Commission's review. In
fact, if any Commissioner would have responded to your email for the purposes of engaging in discussion or
arranging for a meeting, per the adopted Council policy, they would have been required to recuse themselves
from hearing and voting on the project.
Commissioners are encouraged to visit the property of the subject application; however, they are prohibited
from engaging in any discussion with any interested party, other than seeking permission to enter the
property. The referenced Town Council policy is contained in the Town of Los Gatos Planning Commission
Policies and Procedures document. For your information and reference, I have included the specific policy in
the following:
In order to avoid the appearance of bias or impropriety, individual Commissioners are prohibited from
discussing, outside of the public hearing process, the substance of any project with project proponents,
opponents, and other interested parties. This prohibition shall apply to all projects, whether conceptual
or proposed, that can be considered by the Commission in reviewing an application, on appeal or on
remand. Study sessions may be used as a means of facilitating information communication. Ad hoc
meetings of less than a quorum of the Commission are prohibited, unless specially authorized by the
Town Council. Individual Commissioners who have engaged in prohibited discussions shall recuse
themselves from consideration of the project. Incidental contacts that do not address the substance of
any project are not prohibited. Incidental contacts are those that are not reasonably understood to
influence a Commissioner's decision, and include speaking with an interested party to obtain approval to
enter a project and to obtain information intended to orient the Commissioner about the physical aspects
of the property or project. Participation in or attendance at meetings of the Town Council or any
subordinate bodies are not prohibited.
Mr. Haberkom, the Town appreciates your respect for the impartial review process that the Town Council has
established through formal policy and encourages you and or your attorney to forward any documents that you
want the Planning Commission to consider regarding this matter by 1:00 p.m. today (Thursday, January 06,
2011). This will ensure that the information is included with the staff report that is transmitted to the Planning
Commision tomorrow. If the material is received after 1:00 today, it will be given to the Planning Commission
the day of the hearing, which of course does not allow the Commissioners optimum review time.
The Town Attorney will also be contacting Ms. Lawson to provide a copy of the Planning Commission Policies
and Procedures. Should you have any questions, please feel free to contact Sandy Baily, Planning Manager;
Judith Propp, Town Attorney; or me.
Regards,
Wendie Rooney
Director of Community Development
Town of Los Gatos
110 E. Main Street
- )s Gatos, CA 95031
J8- 399 -5768
wroonevna loseatosca.eov
Q
CINDIE TAYLOR
Administrative Secretary
Community Development Department
Town of Los Gatos
110 E Main St., Los Gatos, CA 95030
408/354 -6874
daylor@losgatosca.gov
www.losgatosca.gov
COMMUNITY DEVELOPMENT COUNTER HOURS: MON - FRI, BAM To 1 PM.
(Permits, Submit Plans, and Counter Planners)
PLEASE N ore Town offices will be closed January 17 °h in honor of Martin Luther King Jr. Day.
IRS CIRCULAR 230 DISCLOSURE:
Pursuant to Treasury Regulations, any tax advice contained in this communication (including any attachments) is not intended or written to be used. and cannot be
used or relied upon by you or any other person, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or
recommending to another party any lax advice addressed herein.
MILLER STARR REGALIA CONFIDENTIAL COMMUNICATION
This electronic mail message and any attachments are intended only for the use of the addressee(s) named above and may contain information that is privileged,
confidential and exempt from disclosure under applicable law. If you are not an intended recipient, or the employee of agent responsible for delivering this e-mail to
the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you received this e-mail
message in error, please immediately notify the sender by replying to this message or by telephone. Thank you.
Marni Moseley
From:
Matt Haberkorn <matthewhaberkorn @yahoo.com>
,ent:
Thursday, January 06, 201111:01 AM
To:
Cindie Taylor
Cc:
kat924 @mac.com; kristina.lawson @msrlegal.com; Wendie Rooney; Sandy Baily; Arlene
Holmboe; Cindie Taylor; Judith Propp; Marni Moseley
Subject:
Re: Appellant's Email to PC Members [381 Pennysylvanial
All that was emailed was am open invite to see the properties. Nothing more, so I suggest you not worry about
any policy (not law) of the Town. Please govern yourselves accordingly.
On Jan 6, 2011, at 10:27 AM, Cindie Taylor < ctavloraloseatosca.eov > wrote:
<image001.gif>
The following email is being sent to you on behalf of Wendie Rooney, Director of Community
Development, Town of Los Gatos:
Dear Mr. Haberkom:
It has come to staff's attention that you directly contacted via email the Planning Commission
regarding the pending consideration of your appeal of the Design Review Committee (DRC)
approval of Subdivision Application M -10 -007. Your email invited Commissioners to visit your
home for the purposes of reviewing and possibly discussing the proposed subdivision.
Your attorney may not have informed you that she had prior communication with the Town staff
regarding the Council's prohibition of allowing communication among the Planning Commission
and a project proponent, opponent, or other interested parties. In the email that was sent to Ms.
Lawson at approximately 3:00 p.m. on January 5, 2011, staff informed her that pursuant to
adopted Council policy any communication on a project pending Planning Commission review
must be submitted to the staff for formal transmittal to the Planning Commission.
Your email that was sent to Planning Commissioners at approximately 3:45 p.m. on January 5,
2011, was forwarded to the staff from a Planning Commissioner and this prompted a reminder to
the Commissioners that they are required to refrain from any discussion on a matter pending the
Planning Commission's review. In fact, if any Commissioner would have responded to your
email for the purposes of engaging in discussion or arranging for a meeting, per the adopted
Council policy, they would have been required to recuse themselves from hearing and voting on
the project.
Commissioners are encouraged to visit the property of the subject application; however, they are
prohibited from engaging in any discussion with any interested party, other than seeking
permission to enter the property. The referenced Town Council policy is contained in the Town
of Los Gatos Planning Commission Policies and Procedures document. For your information and
reference, I have included the specific policy in the following:
In order to avoid the appearance of bias or impropriety, individual Commissioners are
prohibited from discussing, outside of the public hearing process, the substance of any
project with project proponents, opponents, and other interested parties. This prohibition
shall apply to all projects, whether conceptual or proposed, that can be considered by the
Commission in reviewing an application, on appeal or on remand. Study sessions may be
used as a means of facilitating information communication. Ad hoc meetings of less than
a quorum of the Commission are prohibited, unless specially authorized by the Town
Council. Individual Commissioners who have engaged in prohibited discussions shall
recuse themselves from consideration of the project. Incidental contacts that do not
address the substance of any project are not prohibited. Incidental contacts are those that
are not reasonably understood to influence a Commissioner's decision, and include
speaking with an interested party to obtain approval to enter a project and to obtain
information intended to orient the Commissioner about the physical aspects of the
property or project. Participation in or attendance at meetings of the Town Council or
any subordinate bodies are not prohibited.
Mr. Haberkorn, the Town appreciates your respect for the impartial review process that the Town
Council has established through formal policy and encourages you and or your attorney to
forward any documents that you want the Planning Commission to consider regarding this matter
by 1:00 p.m. today (Thursday, January 06, 2011). This will ensure that the information is
included with the staff report that is transmitted to the Planning Commision tomorrow. If the
material is received after 1:00 today, it will be given to the Planning Commission the day of the
hearing, which of course does not allow the Commissioners optimum review time.
The Town Attorney will also be contacting Ms. Lawson to provide a copy of the Planning
Commission Policies and Procedures. Should you have any questions, please feel free to contact
Sandy Baily, Planning Manager; Judith Propp, Town Attorney; or me.
Regards,
Wendie Rooney
Director of Community Development
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95031
408 - 399 -5768
wrooney@losgatosca.gov
CINDIE TAYLOR
Administrative Secretary
Community Development Department
Town of Los Gatos
110 E Main St., Los Gatos, CA 95030
4081354 -6874
ctaylor@losgatosca.gov
www.losgatosca.gov
COMMUNITY DEVELOPMENT COUNTER HOURS: MON - FRI, SAM TO 7 PM.
(Permits, Submit Plans, and Counter Planners)
PLEASE NOTE Town offices will be closed January 17 in honor of Martin Luther King Jr. Day.
3
Marni Moseley
From:
Marni Moseley
Sent:
Wednesday, January 05, 20114:20 PM
To:
'Matt Haberkorn'
Cc:
Kat Haberkorn
Subject:
RE: 381 Pennsylvania Ave Los Gatos
Matt,
Hopefully this option will work for you. I will make sure a copy of the report (minus attachments) is emailed to you
after the packets are distributed to the Commissioners on Friday afternoon. The report along with the attachments will
be available for viewing online after 5 PM on Friday. A hard copy will be put in the mail to you as well on Friday. Please
let me know if this will work for you.
Sincerely,
From: Matt Haberkorn [mailto:matthewhaberkorn @yahoo.com]
Sent: Wednesday, January 05, 20113:53 PM
To: Marni Moseley
Cc: Kat Haberkorn
Subject: 381 Pennsylvania Ave Los Gatos
Marni,
Happy New Year.
We will be out of town through the weekend. Would you mind sending me your staff report this Friday
via email or fax so that we can review the report over the weekend and ensure that we have it in time
for the Wednesday meeting? I understand the commissioners get the staff report Friday, so I would
appreciate being afforded similar time to review. As you probably know, as an attorney, husband and
father, this appeal is not the only thing on my plate between now and Wednesday night, so being
given ample time to review the staff report seems to be a reasonable request to be made. I hope you
agree.
Sincerely,
Matt Haberkorn
* * * * * * * * * * ** *CONFIDENTIAL * * * * * * * * * * **
Matthew H. Haberkorn, Esq.
P.O. Box 33073
Los Gatos, CA 95031
Voice: 650 - 833 -8850
Fax: 650 - 332 -1528
e -mail: matthewhaberkorn(a)yahoo.com
The information contained in this electronic mail transmission is confidential and intended to be sent
only to the stated recipient of the transmission. It may therefore be protected from unauthorized useC i
or dissemination by the attorney - client and /or attorney work - product privileges. If you are not the
intended recipient or the intended recipient's agent, you are hereby notified that any review, use,
dissemination, distribution or copying of this communication is strictly prohibited. You are also asked
to notify us immediately by telephone and to delete this transmission with any attachments and
destroy all copies in any form. Thank you in advance for your cooperation.
Marni Moseley
From: Matt Haberkorn < matthewhaberkorn @yahoo.com>
Sent: Friday, January 07, 20116:16 PM
To: Arlene Holmboe; chassueerekson @comcast.net; todonne112 @gmail.com;
marciajensen @gmail.com; love_bourgeois @yahoo.com; pjm666593 @yahoo.com;
joannet @id- 3d.com; maricosayoc @yahoo.com
Cc: Marni Moseley, Kristina Lawson; Kat Haberkorn; Matthew Haberkorn;
gregory.howeil@cbnorcal.com
Subject: Re: 381 Pennsylvania Avenue
All,
Why does Marni Moseley get to make a "recommendation" to the Planning Commission that might influence its
decision? And, I get warned about ex parte communications offering the officials the opportunity to familiarize
themselves with the properties involved in this appeal? Thus far, this so- called "process" is a bunch of bullshit
in addition to being illegal, unethical and downright violative of due process. Be that as it may, the Town of
Los Gatos should know that I do not take this kind of maneuvering lightly. I will take all legal action necessary
to change this circus of a process.
Please govern yourselves accordingly, and in the meantime, any Commissioners wishing to have a field trip as
mentioned in prior emails, please feel free to contact me, my wife or our counsel to arrange a time to visit our
property.
Matt Haberkorn
* * * * * * * * * * ** *CONFIDENTIAL * * * * * * * * * * **
Matthew H. Haberkorn, Esq.
P.O. Box 33073
Los Gatos, CA 95031
Voice : 650 - 833 -8850
Fax: 650 - 332 -1528
e -mail: matthewhaberkorn@yahoo.com
The information contained in this electronic mail transmission is confidential and intended to be sent only to the
stated recipient of the transmission. It may therefore be protected from unauthorized use or dissemination by
the attorney - client and /or attorney work - product privileges. If you are not the intended recipient or the intended
recipient's agent, you are hereby notified that any review, use, dissemination, distribution or copying of this
communication is strictly prohibited. You are also asked to notify us immediately by telephone and to delete
this transmission with any attachments and destroy all copies in any form. Thank you in advance for your
cooperation.
From: Arlene Holmboe <aholmboe @losgatosca.gov>
To: "matthewhaberkorn @yahoo.com" < matthewhaberkorn @yahoo.com>
Cc: Marni Moseley <MMoseley @losgatosca.gov>
Sent: Fri, January 7, 20115:07:56 PM
Subject: 381 Pennsylvania Avenue
This email is being sent on behalf of Marni Moseley, Associate Planner:
Mr. Haberkorn,
Attached is the staff report that has been routed to all Planning Commissioners. This does not include any of
the listed attachments, but those can be viewed at:
http: / /Iosgatos.granicus comNiewPublisher php ?view id =2 in just a few minutes. They are being loaded onto
the website now.
,sincerely,
Marni F. Moseley, AICP
Associate Planner
(408) 354 -6802
www.losgatosca.gov
- Arlene 3-fo[mboe
Administrative Assistant
Community Development Department
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
a hol mboe(a?losg atosca. aov
www.losgatosca.gov
Please Note: Town offices will be closed on Monday, January 17, in observance of Dr. Martin Luther King, Jr.,
Day.
2
Marni Moseley
From: Marni Moseley
Sent: Tuesday, January 11, 201110:28 AM
To: Kristina Lawson ( kristina.lawson@msrlegal.com)
Cc: Judith Propp
Subject: RE: CEQA Compliance
Kristina,
Yes, you are correct, there was a typo in the staff report, Section 15315 is the relevant exception for this application. In
regards to your concerns, the existing non - conforming detached garage is not an exception to the Town Code. Chapter
29 Division 5 of the Town Code allows existing non - conforming residential structures to remain indefinitely, or to be
expanded, modified, or rebuilt upon certain findings or conditions. No modification is being made to the structure, an
no exception is required in order for it to remain.
Sincerely,
Marni F. Moseley, AICP
Associate Planner
(408) 354 -6802
www.losaatosca.eov
From Kristina Lawson [mailto :kristina.lawson @msrlegal.com]
Sent. Monday, January 10, 2011 11:04 AM
To: Marni Moseley
Cc: Judith Propp
Subject: CEQA Compliance
Dear Marni and Judith,
In reviewing the staff report, I assume that the CECA exemption you are intending to rely upon is section
15315 (not 15615). In our opinion, the project does not qualify for use of this exemption, because exceptions
to the Town's code are required in order for this property to conform to the applicable zoning requirements
(see staff report, p. 3 regarding setbacks). As you know, the Class 15 exemption is only available where "no
variances or exceptions are required. See 14 Cal. Code Regs., section 15315. It is of no legal consequence
that such exceptions were approved in 1996 or otherwise. Could you please forward this email to the entire
Planning Commission and let me know whether the Town has a response on this issue?
Best Regards,
Kristina Lawson
Kristina Daniel Lawson I Miller Starr Regalia
1331 North California Boulevard, Fifth Floor. walnut Creek, CA 94596
t 925.935.9400 1 d: 925.941.3283 1 f. 925.933.4126 1 krictina lawsonOmsdegal.com I www.msriegal.com
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